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South Carolina
South Carolina

Identification

  • Acceptable Identification
    • South Carolina ID Requirements
      • When you’re getting a South Carolina beginner’s permit, driver’s license, or identification card for the first time, you must provide your social security number and present originals or government-issued copies of all of the following documents:
        • Proof of identity, US Citizenship, and date of birth
        • Proof of your current physical SC address (For a REAL ID beginner’s permit, driver’s license, or ID card, you will need two proofs of your current physical SC address)
        • Proof of legal name change history (if applicable)
        • If you’ve changed your name from what is printed on your birth certificate, you must bring in all supporting documents proving your legal name change, such as a marriage license, divorce decree, or court order issued by your county’s family court. You must bring in documents showing your complete name change history. If you have a US Passport or Passport Card with your legal name, you may use this in place of your name change document(s). The SCDMV will print the name that is on your passport on your license.
    • SECTION 56-1-80 and SECTION 56-1-85 (Real ID Act)
  • Acceptable Digital Identification
    • Legislation in progress but no valid digital identification at this time
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • SECTION 56-1-90.Evidence required to obtain a driver’s license or identification card.
      • (A) The Department of Motor Vehicles may require every applicant to submit acceptable evidence when applying for or renewing a driver’s license, beginner’s permit, or identification card that proves the applicants:
        • (1) date of birth;
        • (2) place of birth;
        • (3) gender;
        • (4) Social Security number;
        • (5) principal residential address;
        • (6) full legal name;
        • (7) when applicable, legal name change; and
        • (8) when applicable, authorized length of stay in the United States.
      • An applicant may prove sufficiently the existence and validity of his Social Security number, for purposes of Section 14-7-130, by any document or electronic means considered reliable by the Department of Motor Vehicles, so long as that document or electronic mean does not conflict with other provisions of state or federal law. The numbers also may be obtained from the Department of Revenue pursuant to Section 12-54-240(B)(7), which permits the Department of Revenue to submit taxpayer Social Security numbers to the Department of Motor Vehicles and to the State Election Commission. This section does not prevent issuance of a driver’s license or identification card to a foreign exchange student participating in a valid foreign exchange program.
      • (B) The department may require applicants to submit acceptable documents in other circumstances if those documents are not already on file with the department.
      • (C) In the case of a name change that occurred after the applicant’s birth, an applicant must present documentation to the department to show name traceability, in addition to the items in subsection (A) if not already on file with the department:
        • (1) a court order issued pursuant to Chapter 49, Title 15 or an equivalent court order issued by a foreign jurisdiction;
        • (2) a marriage license issued pursuant to Chapter 1, Title 20 signed by the official that performed the wedding ceremony and signed by both parties to the marriage, or an equivalent marriage license issued by a foreign jurisdiction. An applicant only is entitled to use a marriage license one time per marriage to change his middle name, last name, or both with the department. A marriage license cannot be used to change an applicant’s first name;
        • (3) a change of name allowance following a divorce pursuant to Section 20-3-180 or an equivalent change of name document following a divorce issued by a foreign jurisdiction; or
        • (4) an unexpired, United States Passport or Passport Card that includes the applicant’s full legal name.
        • If any one of the above documents does not show a link to the applicant’s evidence of full legal name, the department may require the applicant to submit more than one document to show traceability from the applicant’s original name to his current name.
      • (D) If an applicant is applying for a permit, driver’s license, or identification card that will be issued with a name other than what is presented to the department pursuant to subsection (A), the department may issue any driver’s license or identification card in the applicant’s preferred name if the applicant presents to the department at least three different documents, acceptable to the department, showing the applicant’s full name with the preferred name being the one used for at least fifteen years. These three documents must be in addition to the documents prescribed in subsection (A), and must, at the department’s discretion, show a reasonable link to the documents prescribed in subsection (A).
      • (E) If an applicant is applying for a permit, driver’s license, or identification card under the provisions of subsections (C) or (D), the applicant’s social security number must be validated with the Social Security Administration using the applicant’s preferred and full name presented to the department before the department may issue a driver’s license, permit, or identification card to the applicant.
      • (F) In the case of the social security number not validating, the department shall not issue any type of REAL ID permit, license, or identification card.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Non-Citizen IDs
      • Proof of SC Address
      • Proof of identity, date and place of birth, and authorized length of stay in the US
        • SECTION 56-1-40
        • (7) who is not a resident of South Carolina. For purposes of determining eligibility to obtain or renew a South Carolina driver’s license, the term “resident of South Carolina” shall expressly include all persons authorized by the United States Department of Justice, the United States Immigration and Naturalization Service, or the United States Department of State to live, work, or study in the United States on a temporary or permanent basis who present documents indicating their intent to live, work, or study in South Carolina. These persons and their dependents are eligible to obtain a motor vehicle driver’s license or have one renewed pursuant to this provision. A driver’s license issued pursuant to this item to a person who is not a lawful permanent resident of the United States shall expire on the later of: (1) the expiration date of the driver’s license applicant’s authorized period of stay in the United States; or (2) the expiration date of the driver’s license applicant’s employment authorization document. However, a driver’s license issued pursuant to this item is valid for at least one year but not more than eight years from the date of its issue. Under this provision, a driver’s license valid for not more than four years must be issued upon payment of a fee of twelve dollars and fifty cents. A driver’s license that is valid for more than four years must be issued upon payment of a fee of twenty-five dollars. In addition, a person pending adjustment of status who presents appropriate documentation to the Department of Motor Vehicles shall be granted a one-year extension of his driver’s license which is renewable annually;
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • No, must be able to prove legal status
  • What privacy protections are in place for Digital Id’s in this state?
    • N/A
  • Can Digital IDs be legally used for law enforcement verification?
    • N/A

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • ​In South Carolina, the legal age to purchase and consume alcohol is 21. However, the minimum age to enter bars or establishments serving alcohol is not uniformly specified by state law and can vary based on the establishment’s policies and local ordinances.
  • Age permitted to consume Alcohol
    • South Carolina 61-6-4070
      • A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of alcoholic liquors in the State unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person’s compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:
    • South Carolina 63-19-2440
      • (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.
  • Age permitted to serve Alcohol
    • South Carolina 61-6-2200
      • A person may not serve or deliver to a purchaser alcoholic liquors by the drink in a business where these sales are authorized unless the person is eighteen years of age or older; nothing contained in this section may be construed as allowing bartenders under the age of twenty-one.
  • Age permitted to purchase Alcohol
    • South Carolina 63-19-2440
      • (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Parental Supervision
      • South Carolina 61-6-4070
        • A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of alcoholic liquors in the State unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person’s compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:
        • (C) The provisions of this section do not apply to a:
          • (1) spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home;
          • (2) parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or
          • (3) person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.
    • Religious Exception
      • South Carolina 63-19-2460
        • No provision of law prohibiting the use or possession of beer, wine, or alcoholic beverages by minors shall apply to any minor in the home of his parents or guardian or to any such beverage used for religious ceremonies or purposes so long as such beverage was legally purchased.
  • What are the penalties for providing alcohol to minors at a private residence?
    • South Carolina 61-6-4070
      • A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of alcoholic liquors in the State unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person’s compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:
      • (C) The provisions of this section do not apply to a:
        • (1) spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home;
        • (2) parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or
        • (3) person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • South Carolina – state law does not explicitly prohibit individuals under 21 from entering establishments like cigar shops, smoke shops, or smoking lounges.
    • Federal Law:
      • FDA Tobacco 
      • Individuals must be 21 years old to purchase tobacco products in the United States. This law also prohibits anyone under 21 from entering certain tobacco-related venues, such as cigar shops or smoke shops, if they are not accompanied by an adult.
  • Age permitted to use Tobacco
    • South Carolina state law does not explicitly specify a minimum age for the possession or use of tobacco products.
  • Age permitted to sell Tobacco
    • FDA Tobacco – Given the federal mandate, individuals must be at least 21 years old to legally sell tobacco products. Therefore, to work in a tobacco shop where the duties include selling tobacco products, an employee must be at least 21 years of age.
  • Age permitted to purchase Tobacco
    • South Carolina 16-17-500
      • (A) It is unlawful for an individual to sell, furnish, give, distribute, purchase for, or provide a tobacco product to a minor under the age of eighteen years.
      • (B) It is unlawful to sell a tobacco product or an alternative nicotine product to an individual who does not present, upon demand, proper proof of age. Failure to demand identification to verify an individual’s age is not a defense to an action initiated pursuant to this subsection. Proof that is demanded, is shown, and reasonably is relied upon for the individual’s proof of age is a defense to an action initiated pursuant to this subsection.
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • Are vaping products regulated differently from traditional tobacco in this state?
    • No
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • SC does not have Legalized, Decriminalized, or Medicinal marijuana
  • Age permitted to use Cannabis
    • SC does not have Legalized, Decriminalized, or Medicinal marijuana
  • Age permitted to sell Cannabis
    • SC does not have Legalized, Decriminalized, or Medicinal marijuana
  • Age permitted to purchase Cannabis
    • SC does not have Legalized, Decriminalized, or Medicinal marijuana
  • What is the consumable limit (if any)
    • SC does not have Legalized, Decriminalized, or Medicinal marijuana
  • What is the purchase limit (if any)
    • SC does not have Legalized, Decriminalized, or Medicinal marijuana
  • Can minors obtain medical cannabis with a prescription?
    • SC does not have Legalized, Decriminalized, or Medicinal marijuana

Adult Media

  • Age permitted to access Adult Content ONLINE
    • South Carolina 16-15-375
      • (3) “Minor” means an individual who is less than eighteen years old.
    • South Carolina 37-1-310
      • (12) “Reasonable age verification methods” means verifying that the person seeking to access the material is eighteen years old or older by using any of the following methods:
        • (a) use of a digitized identification card as defined in this subsection;
        • (b) verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification; or
        • (c) any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • South Carolina 16-15-385
      • (A) A person commits the offense of disseminating harmful material to minors if, knowing the character or content of the material, he:
        • (1) sells, furnishes, presents, or distributes to a minor material that is harmful to minors; or
        • (2) allows a minor to review or peruse material that is harmful to minors.
      • A person does not commit an offense under this subsection when he employs a minor to work in a theater if the minor’s parent or guardian consents to the employment and if the minor is not allowed in the viewing area when material harmful to minors is shown.
      • (B) A person commits the offense of exhibiting a harmful performance to a minor if, with or without consideration and knowing the character or content of the performance, he allows a minor to view a live performance which is harmful to minors.
      • (C) Except as provided in item (3) of this subsection, mistake of age is not a defense to a prosecution under this section. It is an affirmative defense under this section that:
        • (1) the defendant was a parent or legal guardian of a minor, but this item does not apply when the parent or legal guardian exhibits or disseminates the harmful material for the sexual gratification of the parent, guardian, or minor.
        • (2) the defendant was a school, church, museum, public, school, college, or university library, government agency, medical clinic, or hospital carrying out its legitimate function, or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment.
        • (3) before disseminating or exhibiting the harmful material or performance, the defendant requested and received a driver’s license, student identification card, or other official governmental or educational identification card or paper indicating that the minor to whom the material or performance was disseminated or exhibited was at least eighteen years old, and the defendant reasonably believed the minor was at least eighteen years old.
      • (D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five thousand dollars, or both.
  • Are websites required to verify age for accessing adult content?
    • Yes – South Carolina 37-1-310
      • (12) “Reasonable age verification methods” means verifying that the person seeking to access the material is eighteen years old or older by using any of the following methods:
        • (a) use of a digitized identification card as defined in this subsection;
        • (b) verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification; or
        • (c) any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material.
  • What penalties exist for providing minors access to adult material online?
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
  • What is the minimum age to work in the adult entertainment industry?
    • South Carolina16-15-387
      • (A) It is unlawful for a person to employ a person under the age of eighteen years to appear in a state of sexually explicit nudity, as defined in Section 16-15-375(6), in a public place.
      • (B) Mistake of age is not a defense to a prosecution pursuant to this section. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five thousand dollars, or both.
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
      • Federal law mandates that producers of sexually explicit content must maintain detailed age verification records for all performers.

Voting

  • Age permitted to register to vote in the state
  • Age permitted to vote in the state
  • What Identification requirements are needed to vote on a regular ballot
    • South Carolina 7-13-710
      • Proof of right to vote; signing poll list; comparison of signatures; provisional ballot; purpose of requirement.
      • (A) When a person presents himself to vote, he shall produce a valid and current:
        • (1) South Carolina driver’s license; or
        • (2) other form of identification containing a photograph issued by the Department of Motor Vehicles; or
        • (3) passport; or
        • (4) military identification containing a photograph issued by the federal government; or
        • (5) South Carolina voter registration card containing a photograph of the voter pursuant to Section 7-5-675.
      • (B) After presentation of the required identification described in subsection (A), the elector’s name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of voter registration and elections. One of the managers also shall compare the photograph contained on the required identification with the person presenting himself to vote. The manager shall verify that the photograph is that of the person seeking to vote. The managers shall keep a poll list which must contain one column headed “Names of Voters”. Before a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page, the voter’s oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter’s driver’s license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.
  • What Identification requirements are needed to vote on a Provisional ballot
    • South Carolina 7-13-710
      • (C)(1) If the elector cannot produce the identification as required in subsection (A), he may cast a provisional ballot that is counted only if the elector brings a valid and current photograph identification to the county board of voter registration and elections before certification of the election by the county board of canvassers.
      • (2) If the manager disputes that the photograph contained on the required identification is the person presenting himself to vote, the elector may cast a provisional ballot. A determination of that provisional ballot must be made in accordance with Section 7-13-830.
      • (D)(1)(a) If an elector does not produce a valid and current photograph identification due to a religious objection to being photographed, he may complete an affidavit under penalty of perjury at the polling place and affirm that the elector: (i) is the same individual who personally appeared at the polling place; (ii) cast the provisional ballot on election day; and (iii) has a religious objection to being photographed. Upon completion of the affidavit, the elector may cast a provisional ballot. The affidavit must be submitted with the provisional ballot envelope and be filed with the county board of voter registration and elections before certification of the election by the county board of canvassers.
        • (b) If an elector does not produce a valid and current photograph identification because the elector suffers from a reasonable impediment that prevents the elector from obtaining photograph identification, he may complete an affidavit under the penalty of perjury at the polling place and affirm that the elector: (i) is the same individual who personally appeared at the polling place; (ii) cast the provisional ballot on election day; and (iii) the elector suffers from a reasonable impediment that prevents him from obtaining photograph identification. The elector also shall list the impediment, unless otherwise prohibited by state or federal law. Upon completion of the affidavit, the elector may cast a provisional ballot. The affidavit must be submitted with the provisional ballot envelope and be filed with the county board of voter registration and elections before certification of the election by the county board of canvassers.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • South Carolina
        • South Carolina does not have a statute that mandates individuals to present identification upon an officer’s request when not operating a vehicle. Therefore, if you’re approached by law enforcement while on foot, you are not legally required to provide identification, even if the officer has reasonable suspicion of criminal activity.
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
    • Can you be detained or arrested for refusing to show ID?
      • Refusing to provide identification when not mandated by law cannot be used as a basis for arrest.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • No – this state does not have stop and identify laws
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • Only if purchasing age restricted items/materials
    • Are there curfew or loitering laws requiring ID verification?
      • ​In South Carolina, curfew and loitering laws are primarily established and enforced at the municipal level, leading to variations in regulations across different cities and counties.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • South Carolina 23-6-145
        • A commissioned officer or a uniformed officer of the department may, upon reasonable belief that any vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop and exhibit the registration card issued for the vehicle, the individual’s driver’s license, and submit to an inspection of such vehicle and license.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Detainment and fines
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • No
    • Can passengers legally refuse to provide ID?
      • Yes
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • In South Carolina, curfew laws for minors are established at the municipal level, leading to variations across different cities and counties. While the state does not enforce a statewide curfew, many local jurisdictions have implemented their own ordinances to promote the safety and well-being of minors.
    • What are the penalties for violating curfew laws?
      • Depends on local laws
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
      • South Carolina 17-13-30
        • The sheriffs and deputy sheriffs of this State may arrest without warrant any and all persons who, within their view, violate any of the criminal laws of this State if such arrest be made at the time of such violation of law or immediately thereafter.
      • Title 16, Chapter 11, Article 7
    • What are the consequences of refusing to provide identification in such situations?
      • South Carolina 17-13-50
        • (A) A person arrested by virtue of process or taken into custody by an officer in this State has a right to know from the officer who arrests or claims to detain him the true ground on which the arrest is made. It is unlawful for an officer to:
          • (1) refuse to answer a question relative to the reason for the arrest;
          • (2) answer the question untruly;
          • (3) assign to the person arrested an untrue reason for the arrest; or
          • (4) neglect on request to exhibit to the person arrested or any other person acting in his behalf the precept by virtue of which the arrest is made.
        • (B) An officer who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.