The death penalty—also known as capital punishment—refers to the process of state and federal courts sentencing persons convicted of the most serious criminal offenses (capital offenses or capital crimes) to death. The specific crimes and circumstances for which the death penalty is a potential punishment (usually murder) are defined by state and federal statutes enacted by state legislatures and the United States Congress, respectively.

These death penalty or capital punishment statutes are often located in the penal or criminal code, and often in the same statute that defines a criminal offense such as murder. Twenty-two states and the District of Columbia do not have the death penalty as a potential punishment for any criminal offense.

In South Carolina, the death penalty is a legal form of punishment for certain capital offenses, primarily murder under specific circumstances. The state statutes that govern capital punishment are found in the South Carolina Code of Laws, particularly in Title 16 - Crimes and Offenses, Chapter 3 - Offenses Against the Person. The law specifies the conditions under which the death penalty can be applied, such as murder with aggravating circumstances. These aggravating circumstances may include but are not limited to murders committed during the commission of certain felonies, murders of certain public officials, or multiple murders. South Carolina allows for the death penalty to be carried out by lethal injection as the primary method, with the electric chair as an alternative method if lethal injection is not available. It is important to note that the application of the death penalty is subject to ongoing legal and public debate, and individuals facing capital charges should seek the advice of an experienced attorney to navigate the complexities of the law.