The COVID Project
The record
- Jurisdiction
- South Carolina
- Level
- State
- Authority
- S.C. Code Ann. § 16-7-10(A)
- Issued
- 2002-07-02 July 2, 2002
- Effective
- operative in any area designated in a gubernatorial proclamation of a state of emergency, for its duration (March 13, 2020 to June 6-7, 2021 for COVID-19) (read as 2020-03-13)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 13, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Gathering capStanding dutyOther
- Addressees
- persons generally (including business owners and operators subject to the orders' conditions)
- Character
- order penalty
- Collection
- Standing duties: South Carolina DUT-SC
Operative words
In any area designated by the Governor in his proclamation that a state of emergency exists, and during the duration of the proclamation, it is unlawful for a person to: (1)(a) violate a provision in the proclamation including, but not limited to, any curfew set forth by the proclamation; (b) congregate, unless authorized or in their homes, in groups of three or more
Penalty
misdemeanor; fine not more than $100 or imprisonment not more than thirty days (§ 16-7-10(A)(1))
What it required
Every person must obey every provision of the Governor's emergency proclamations and orders, must disperse from groups of three or more on a law enforcement officer's order, and must comply with lawful law-enforcement directions during a declared emergency, on pain of criminal conviction.
Retrieval noteEvery gubernatorial COVID-19 order in the library recites this section (e.g., Ex. SC-013: 'Pursuant to section 16-7-10(A) of the South Carolina Code of Laws, any [person]... "is guilty of a misdemeanor and, upon conviction, must be fined not more..."'; Ex. SC-027 §§ 3(D), 5(F); Ex. SC-035 enforcement section). EO 2020-50 § 3(D) made restaurant noncompliance with the conditions of operation 'governed by the provisions of section 16-7-10(A)' (Ex. SC-027). The Attorney General's March 24, 2020 enforcement letter to SLED construes the section (Ex. DUT-SC-017).