1/24/2001

Says No Charges or Prosecution of Homeowners Using Deadly Force

(Columbia, S.C.) Attorney General Charlie Condon today announced that he is declaring "open season" on home invaders. In a Memorandum to all Solicitors, Sheriffs and Police Chiefs, Condon directed that citizens acting to defend their homes will not be arrested, charged or prosecuted. Condon said the policy was necessary in the wake of a rash of recent home invasions in North Charleston and elsewhere throughout the State.

"As Chief Prosecutor of South Carolina, I am today declaring open season on home invaders. That season is year-round," Condon said. "Citizens protecting their homes who use force even deadly force will be fully safeguarded under the law of this State and subject to no arrest, charge or prosecution. In South Carolina, would-be intruders should now hear this: invade a home and invite a bullet."

Condon cited a "recent rash of home invasions by gang members and other criminals." He said gang activity is rising sharply in South Carolina. Condon also referenced a string of break-ins in North Charleston and an incident in Columbia recently where a victim managed to fight off home invaders with a sword. The Attorney General noted that in Richland County, deputies believe 4 men were responsible for 90 home invasions in the last year. Condon said that the new policy is also being instituted to warn criminals of what faces them as a result of home invasion and to let homeowners know their rights.

Condon said the case law in South Carolina "gives iron-clad protection to the citizen in safeguarding his or her home. Inside the citizen's home, there are no legal technicalities for the criminal to rely on." Force even deadly force may be used, ruled the Court, "if such degree of force be reasonably necessary to accomplish the purpose of preventing a forcible entry against his will." Condon said the new "open season on home invaders" policy will assist law enforcement in protecting private property and homes against break-ins because "law enforcement officers cannot be everywhere at once." Said Condon, "home invaders will think twice, and even a third time, knowing the risk of their own death is waiting on the other side of the innocent homeowner's door."

"The home is the family's fortress of protection," Condon said. When at home, people rightfully feel they are standing on sacred ground. The citizen's home is the line in the sand where criminals dare not cross."