SC § 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs.

State: South Carolina

 

South Carolina Code Annotated (S.C.C.A.)

Title 16 – Crimes and Offenses

CHAPTER 11.  OFFENSES AGAINST PROPERTY

ARTICLE 6.  PROTECTION OF PERSONS AND PROPERTY

§ 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs. 

(A) A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.

(B) A law enforcement agency may use standard procedures for investigating the use of deadly force as described in subsection (A), but the agency may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.

(C) The court shall award reasonable attorneys’ fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of a civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (A).