Stirling, 102220 SCAGO, AGO 2372

Case DateOctober 22, 2020
CourtSouth Carolina
Bryan P. Stirling
AGO 2372
No. 2372
South Carolina Attorney General Opinion
State of South Carolina Office of the Attorney General
October 22, 2020
         Alan Wilson, Attorney General          Bryan P. Stirling, Director          South Carolina Department of Corrections          PO Box 21787          Columbia, SC 21221          Dear Director Stirling:          We received your request seeking an opinion on whether an attempt to furnish contraband to a prisoner in violation of section 24-3-950 includes presence on SCDC property as an element of the offense. This opinion sets out our Office's understanding of your question and our response.          Issue (as quoted from your letter):
I write to you to request an opinion regarding the interpretation of S.C. Code § 24-3-950, entitled "Contraband." Specifically, with regard to an offense charged under this statute as an attempt crime, is an element of the offense that the violation must physically occur on SCDC property? [Your letter quotes section 24-3-950, set out in full later in this opinion.]
S.C. Code § 24-3-950 does not state any requirement that an offense occur on SCDC property. The statute does, however, criminalize an "attempt to furnish" contraband to prisoners. Therefore, I am respectfully requesting your opinion regarding whether an attempt crime under the contraband statute must occur on SCDC property. This is a significant issue for SCDC due to the increasing number of methods individuals use to introduce contraband into our prisons.
         Law/Analysis:          It is the opinion of this Office that S.C. Code § 24-3-950 does not require that an attempt crime under that section must physically occur on SCDC property as an element of the offense.          Your letter quotes section 24-3-950, which reads in full:
It shall be unlawful for any person to furnish or attempt to furnish any prisoner under the jurisdiction of the Department of Corrections with any matter declared by the director to be contraband. It shall also be unlawful for any prisoner under the jurisdiction of the Department of Corrections to possess any matter declared to be contraband. Matters considered contraband within the meaning of this section shall be those which are determined to be such by the director and published by him in a conspicuous place available to visitors and inmates at each correctional institution. Any person violating the provisions of this section shall be deemed guilty of a felony and, upon conviction, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment
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