South Carolina Code 16-3-2040. Restitution for victims of trafficking
(B) If the victim of trafficking dies as a result of being trafficked, a surviving spouse of the victim is eligible for restitution. If no surviving spouse exists, restitution must be paid to the victim’s issue or their descendants per stirpes. If no surviving spouse or issue or descendants exist, restitution must be paid to the victim’s estate. A person named in this subsection may not receive funds from restitution if he benefited or engaged in conduct described in this article.
Terms Used In South Carolina Code 16-3-2040
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
- Person: means an individual, corporation, partnership, charitable organization, or another legal entity. See South Carolina Code 16-3-2010
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Services: means an act committed at the behest of, under the supervision of, or for the benefit of another person. See South Carolina Code 16-3-2010
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- victim: means a person who has been subjected to the crime of trafficking in persons. See South Carolina Code 16-3-2010
(C) If a person is unable to pay restitution at the time of sentencing, or at any other time, the court may set restitution pursuant to § 16-3-1270.
(D) Restitution for this section, pursuant to § 16-3-1270, means payment for all injuries, specific losses, and expenses, including, but not limited to, attorney’s fees, sustained by a crime victim resulting from an offender’s criminal conduct pursuant to § 16-3-1110(12)(a). In addition, the court may order an amount representing the value of the victim’s labor or services.
(E) Notwithstanding another provision of law, the applicable statute of limitations for a victim of trafficking in persons is pursuant to § 16-3-1110(12)(a).
(F) Restitution must be paid to the victim promptly upon the conviction of the defendant. The return of the victim to his home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.