Self Defense
S.C. Code 16-11-440 — the home, an occupied vehicle, and no duty to retreat where you have a right to be
A presumption at the door. A person using deadly force is presumed to have a reasonable fear of imminent peril of death or great bodily injury if the person against whom it is used is unlawfully and forcefully entering, or has unlawfully and forcibly entered, a dwelling, residence or occupied vehicle, or is removing someone against their will from one, and the person using the force knows or has reason to believe that is happening.
- The person against whom the force is used has the right to be in the place, or lives there lawfully, as an owner, lessee or titleholder.
- The person being removed is a child or grandchild, or in the lawful custody, of the person against whom the force is used.
- The person using the force is engaged in an unlawful activity or using the place to further one.
- The person entering is a law enforcement officer performing official duties who identifies himself, or whom the person using force knows or reasonably should know to be an officer.
Those are the cases where the presumption does not apply. A person not engaged in an unlawful activity who is attacked in another place where they have a right to be, including a place of business, has no duty to retreat and may meet force with force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily injury to themselves or another, or to prevent a violent crime.
A person who uses deadly force as the article permits is justified and immune from criminal prosecution and civil action for it, unless the person against whom it was used was an identified law enforcement officer performing official duties. An agency may investigate, but may not arrest the person unless there is probable cause the force was unlawful.
The article states the General Assembly's intent to codify the Castle Doctrine and extend it to an occupied vehicle and a place of business. A dwelling includes an attached porch. Defense of others, nondeadly force and how a court decides immunity are not set out here. Whether force was justified in a particular case is a question for a licensed South Carolina attorney.
Sources for this section (4)
- S.C. Code 16-11-440 — Presumption of reasonable fear of imminent peril when using deadly force
- S.C. Code 16-11-450 — Immunity from criminal prosecution and civil actions
- S.C. Code 16-11-420 — Intent and findings of General Assembly
- S.C. Code 16-11-430 — Definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.