It does make mention of the same language as the OK stand your ground law does Mr Ed. See the bolded portion regarding "a place you legally are able to be" and "while not in the commission of a crime". This guy is clearly (to me) not covered under the stand your ground law in his state.
The following was taken from scstatehouse.gov
"ARTICLE 6.
PROTECTION OF PERSONS AND PROPERTY
SECTION 16-11-410. Citation of article.
This article may be cited as the "Protection of Persons and Property Act".
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
SECTION 16-11-420. Intent and findings of General Assembly.
(A) It is the intent of the General Assembly to codify the common law Castle Doctrine which recognizes that a person's home is his castle and to extend the doctrine to include an occupied vehicle and the person's place of business.
(B) The General Assembly finds that it is proper for law-abiding citizens to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.
(C) The General Assembly finds that Section 20, Article I of the South Carolina Constitution guarantees the right of the people to bear arms, and this right shall not be infringed.
(D) The General Assembly finds that persons residing in or visiting this State have a right to expect to remain unmolested and safe within their homes, businesses, and vehicles.
(E) The General Assembly finds that no person or victim of crime should be required to surrender his personal safety to a criminal, nor should a person or victim be required to needlessly retreat in the face of intrusion or attack.
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
SECTION 16-11-430. Definitions.
As used in this article, the term:
(1) "Dwelling" means a building or conveyance of any kind, including an attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging there at night.
(2) "Great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(3) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(4) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.
(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:
(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and
(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.
(B) The presumption provided in subsection (A) does not apply if the person:
(1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or
(2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or
(3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer.
(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.
(D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.
(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006."
The following was taken from scstatehouse.gov
"ARTICLE 6.
PROTECTION OF PERSONS AND PROPERTY
SECTION 16-11-410. Citation of article.
This article may be cited as the "Protection of Persons and Property Act".
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
SECTION 16-11-420. Intent and findings of General Assembly.
(A) It is the intent of the General Assembly to codify the common law Castle Doctrine which recognizes that a person's home is his castle and to extend the doctrine to include an occupied vehicle and the person's place of business.
(B) The General Assembly finds that it is proper for law-abiding citizens to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.
(C) The General Assembly finds that Section 20, Article I of the South Carolina Constitution guarantees the right of the people to bear arms, and this right shall not be infringed.
(D) The General Assembly finds that persons residing in or visiting this State have a right to expect to remain unmolested and safe within their homes, businesses, and vehicles.
(E) The General Assembly finds that no person or victim of crime should be required to surrender his personal safety to a criminal, nor should a person or victim be required to needlessly retreat in the face of intrusion or attack.
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
SECTION 16-11-430. Definitions.
As used in this article, the term:
(1) "Dwelling" means a building or conveyance of any kind, including an attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging there at night.
(2) "Great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(3) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(4) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.
(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:
(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and
(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.
(B) The presumption provided in subsection (A) does not apply if the person:
(1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or
(2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or
(3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer.
(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.
(D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.
(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006."
Does SC recognize the felony murder rule or not? I ask because it would trump any interpretation of SYG...
Edited because ripnbst brings the heat. This dude's assertion of SYG should be dismissed with a quickness.
could they use his supreme court testimony to convict him if the supreme court throws out his case? that way they have a slam dunk case to put this guy way for murder.
Uh, yeah. This should be hilarious. 
This guy is going down - there is no way the Court will hold that SYG applies to him.
He probably had a better chance to try to reach a plea agreement and state that he was bullied/under the control of Mr World his partner in crime.
He probably had a better chance to try to reach a plea agreement and state that he was bullied/under the control of Mr World his partner in crime.
Lawyers are dirt bags...SC may need to change some wording in their "stand your ground" law.
Not all, just enough that no one with a working brain should trust them to do the right thing.
Mr. World is displeased with Mr. Isaac. Very, very displeased.
AAU Mr. World is a bodybuilding competition title started by the Amateur Athletic Union (AAU). It was first held in 1950's. But it all goes to show that despite bulging biceps - Mr. World was only "show muscle"; as the underdeveloped Mr. Isaac shot the homewoner twice.
AAU Mr. World is a bodybuilding competition title started by the Amateur Athletic Union (AAU). It was first held in 1950's. But it all goes to show that despite bulging biceps - Mr. World was only "show muscle"; as the underdeveloped Mr. Isaac shot the homewoner twice.
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