South Carolina Attorney General Addresses Local Hate Crime Ordinances

Columbia, South Carolina, October 14, 2025

News Summary

The South Carolina Attorney General’s Office has advised local municipalities about the legality of hate crime ordinances, noting that only courts can evaluate their legality. With South Carolina lacking a statewide hate crime law, many cities have begun enacting their own ordinances to combat hate crimes. The opinion highlights the challenge of uniformity in state laws and reflects community concerns about increasing incidents of hate crimes within the state.

Columbia, South Carolina – The South Carolina Attorney General’s Office has issued an advisory opinion regarding the legality of local hate crime ordinances as more municipalities in the state contemplate enacting these measures. The inquiry was initiated by the city of Greenwood, which sought guidance on whether it could implement its own hate crime ordinance.

Solicitor General Bob Cook, in a letter dated October 10, stated that only the courts could ultimately assess the legality of such ordinances. He suggested that local hate crime ordinances are likely to be invalidated because the South Carolina General Assembly has so far refrained from establishing a statewide hate crime law. Notably, South Carolina is one of only two states in the nation without a comprehensive state-level hate crime law.

The South Carolina State Constitution requires uniformity in criminal laws across the state, which means local governments do not have the authority to criminalize actions that are permitted under state law. While Cook acknowledged that the expression of hatred intended to intimidate or harm others is unacceptable, he stressed that any legal standards must conform to the state’s constitution and First Amendment interpretations.

Despite this opinion, Cook indicated that it does not interfere with the philosophy of Home Rule, which permits local governments to self-govern and address issues such as various forms of hatred. In 2023, incidents like the burning of a cross in front of a Black couple’s home in Horry County accentuated the growing concern about hate crimes in South Carolina.

In light of increasing apprehensions regarding hate crimes, numerous local jurisdictions—including Myrtle Beach, Conway, Lake City, Florence, and Georgetown—have passed their own hate crime ordinances. The Richland County Sheriff’s Department saw the first recorded hate intimidation arrest under its new ordinance in July 2025. This arrest involved a suspect who shot at a Black neighbor due to his race. Under the municipality’s hate intimidation ordinance, such acts of intimidation are classified as misdemeanors, carrying penalties of up to $500 in fines or up to 30 days in jail. The suspect, Jonathan Felkel, faces multiple charges, including a hate crime, and his bond is set at $1 million.

Local civil rights activists are advocating for the establishment of a statewide hate crime bill. They have highlighted that two hate crime cases were federally prosecuted within the previous year and reported 115 hate crimes in South Carolina for the year 2023. Community leaders and representatives emphasize the necessity of implementing a comprehensive state law to address hate crimes.

However, some officials, including Senate Majority Leader Shane Massey, are opposed to a statewide hate crimes law. Massey believes that laws should treat all individuals equally and expresses skepticism about establishing distinct classifications for crimes based on hate.

Background Context

The lack of a statewide hate crime law in South Carolina has spurred local governments to take action independently. The initiatives by municipalities to pass their own ordinances reflect growing community concern about incidents motivated by hatred. The state’s constitutional requirement for uniformity poses significant challenges for these efforts, and the ongoing discussion about hate crime legislation continues to evoke varied responses from both local leaders and the public.

Statistics on Hate Crimes in South Carolina

In 2023, there were a reported 115 hate crimes in South Carolina. The previously mentioned incidents have prompted further investigation and prosecution at both state and federal levels.

Conclusion

As municipalities grapple with the implications of the Attorney General’s opinion, the conversation around hate crime legislation in South Carolina is likely to intensify, prompting continued advocacy from civil rights groups and debate among state legislators.

FAQs

What is the opinion issued by the South Carolina Attorney General’s Office regarding local hate crime ordinances?

The opinion states that local hate crime ordinances could likely be struck down because the South Carolina General Assembly has opted not to enact a statewide hate crime law.

How many states lack a statewide hate crime law?

South Carolina is one of only two states without a statewide hate crime law.

What penalties are associated with the hate intimidation ordinance in Richland County?

The hate intimidation ordinance makes such intimidation a misdemeanor, punishable by a fine of up to $500 and/or 30 days in jail.

Was there an arrest related to hate intimidation in South Carolina?

Yes, the Richland County Sheriff’s Department conducted the first recorded hate intimidation arrest involving a suspect who shot at a Black neighbor due to his race.

What do local civil rights activists advocate for regarding hate crimes?

Local civil rights activists are advocating for a statewide hate crime bill.

Chart: Key Features of Hate Crime Laws in South Carolina

Deeper Dive: News & Info About This Topic

HERE Resources

South Carolina Attorney General Raises Concerns Over Local Hate Crime Ordinances
South Carolina’s Local Hate Crime Ordinances Under Scrutiny
South Carolina Attorney General Weighs In on Local Hate Crime Ordinances
Greenwood City Council Takes Major Steps in Community Development
Greenwood City Council Rejects Hate Intimidation Ordinance
Greenwood Residents Push for Hate Intimidation Ordinance
Summerville Honors Local Entrepreneur Tiffany Johnson-Wilson
Leadership Change in Columbia’s U.S. Attorney’s Office
Change in U.S. Attorney Leadership in Columbia, SC

Additional Resources

• WIS TV: SC Attorney General’s Opinion on Local Hate Crime Ordinances
• Wikipedia: Hate Crime
• WMBF News: South Carolina AG’s Opinion on Hate Crime Ordinances
• Google Search: South Carolina Hate Crime Law
• The State: Local Hate Crime Discussions
• Google Scholar: South Carolina Hate Crimes
• ABC News 4: Victim in First Hate Crime Speaks
• Encyclopedia Britannica: Hate Crime
• WLTX: Jarvis McKenzie Speaks on Hate Crime

Author: HERE Greenwood

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