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Is the south carolina offense failure to stop for law

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Is the south carolina...

Is the south carolina offense failure to stop for law enforcement causing death 56-5-750(c)(2) and strict liability crime

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Submitted: 4 months ago.Category: Criminal Law
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Answered in 21 hours by:
3/7/2018
Criminal Lawyer: Ely, Counselor at Law replied 4 months ago
Ely
Ely, Counselor at Law
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

In SC, no. See US v. Johnson, 648 F. Supp. 2d 764 - Dist. Court, D. South Carolina 2009:

"Importantly, South Carolina does not define the offense as requiring any criminal intent. See S.C.Code Ann. § 56-5-750. Moreover, the statute does not require any element of potential risk to others. Id. The statute is more akin to the strict liability crime, where "the offender need not have had any criminal intent at all," addressed in Begay. 128 S.Ct. at 1586-87."

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Customer reply replied 4 months ago
sir im aware of that case however that was for the offense of failure to stop for blue lights 56-5-750(b)(1) and (b)(2). The south carolina blue light statute contains 3 distinct offenses. (1)Failure to stop for blue light,(2) Failure to stop for blue light resulting in great bodily injury(3) failure to stop for blue light resulting in death. My point is the statute only defines 1offense, failure to stop for a blue light. See 56-5-750(a) and See State vs hoffman 186 s.e.2d 421 (s.c. 1972). In Jones v united states, 526 u.s. 227 (1999), the u.s. supreme court interpreted the federal carjacking statute , 18 u.s.c 2119, to set forth three distinct crimes, each with distinct elements. The court drew this conclusion from the structure of the statute, under which two subsections provided for additional punishments if the defendant inflicts more serious harm! So again sir my question is whether the south carolina offense failure to stop for blue light resulting in death 56-5-750(c)(2) an 25 year non parolable offense, is an strict liability crime.
Criminal Lawyer: Ely, Counselor at Law replied 4 months ago

My apologies for the wait as I was in transit. With respect - I think you may be over-analyzing it. The cases you mention do not quite fit into the scenario, and they are not from SC.

So no, not in SC is not; not in SC.

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