South Carolina Senate Bill 702, introduced January 13, 2026, would criminalize coercive control as a domestic violence offense and add it—along with stalking and harassment—as explicit grounds for divorce under S.C. Code § 20-3-10. The bill, sponsored by Senators Goldfinch and Grooms following the death of Myrtle Beach worship leader Mica Francis Miller, would also require family courts to consider coercive behavior when determining child custody arrangements.
Key Facts
| Detail | Information |
|---|---|
| Bill Number | S. 702 |
| Introduced | January 13, 2026 |
| Current Status | Senate Judiciary Committee |
| Sponsors | Senators Stephen Goldfinch and Larry Grooms |
| Key Statutes Amended | §§ 16-25-10, 16-25-20(A), 20-3-10, 20-4-20, 63-15-240(B) |
| Effective Date | Upon gubernatorial approval |
Why This Matters Legally
South Carolina currently does not recognize emotional abuse or psychological manipulation as grounds for divorce. Under existing S.C. Code § 20-3-10, residents can only divorce based on five grounds: adultery, desertion for one year, physical cruelty, habitual drunkenness, or living separate and apart for one year.
This creates a dangerous gap in the law. Victims of psychological abuse who want out of their marriages face an impossible choice: wait a full year while separated from an abusive spouse, or attempt to prove one of the four fault-based grounds—none of which address patterns of isolation, monitoring, and control that define coercive relationships.
S. 702 directly addresses this gap by defining coercive control as "a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty." According to the bill text, this includes monitoring communications, threatening harm, reproductive coercion, and controlling behavior via electronic devices.
The bill takes a different approach than last year's failed legislation. S. 588 (2025) proposed creating a standalone felony punishable by up to ten years imprisonment, requiring prosecutors to prove repeated patterns causing fear of violence or severe psychological harm. That bill never advanced. S. 702 instead embeds coercive control across multiple existing statutes, allowing allegations to surface in civil and family court proceedings where standards of proof are lower than criminal court.
How South Carolina Law Would Change
S. 702 amends five separate code sections to weave coercive control throughout South Carolina's legal framework:
Domestic Violence Definitions (§ 16-25-10)
The bill expands who counts as a "household member" under South Carolina domestic violence law. Currently, protections apply primarily to spouses, former spouses, and cohabitants. S. 702 adds dating relationships to this definition, evaluated through factors like relationship duration and interaction frequency. This closes a loophole that left dating partners without legal recourse.
Criminal Offense (§ 16-25-20(A))
Coercive control against household members becomes a criminal domestic violence offense. Unlike the failed felony proposal, this integrates into existing criminal statutes rather than creating new standalone charges.
Divorce Grounds (§ 20-3-10)
Domestic violence—including coercive control, stalking, and harassment—becomes an explicit ground for divorce. Victims would no longer need to prove physical cruelty or wait a full year separated to escape an abusive marriage.
Protective Orders (§ 20-4-20)
Harassment, stalking, and coercive control join the definition of abuse that can support a protective order. Victims could seek protection based on psychological abuse patterns, not just physical violence.
Child Custody (§ 63-15-240(B))
Family courts must consider stalking and harassment when determining custody arrangements and evaluating children's best interests. This provision could significantly impact custody disputes where one parent demonstrates coercive patterns.
The Mica Miller Connection
The bill emerged from sustained public attention following the April 27, 2024 death of Mica Francis Miller, a Myrtle Beach worship leader who died by suicide in Robeson County, North Carolina while in the midst of divorce proceedings. According to news reports, Miller's family released "Mica's List" documenting alleged patterns of isolation, tracking, financial control, and device manipulation that fell outside existing legal protections.
Senator Goldfinch told reporters he consulted with Miller's family while drafting the bill: "I sat down with Mica's sisters and went over the bill in excruciating detail. She was very supportive of the bill."
The case highlighted how South Carolina's existing domestic violence framework—focused primarily on physical violence—failed to address the psychological control tactics that advocates say often precede physical abuse or homicide. South Carolina remains among the nation's most dangerous states for women and lacks standalone felony strangulation legislation despite research linking strangulation to future homicide.
Practical Takeaways for South Carolina Residents
-
The bill has not passed yet. It sits in the Senate Judiciary Committee and must pass both chambers before reaching the Governor's desk. The 126th Session runs through 2026.
-
If passed, victims of psychological abuse would have a new path to divorce without waiting the one-year separation period required for no-fault divorce. This could be significant for those in dangerous situations.
-
Dating partners—not just spouses and cohabitants—would gain domestic violence protections. This expands who can seek protective orders and whose abusers can face criminal charges.
-
Custody disputes may look different. Courts would be required to consider coercive control patterns when determining parenting arrangements, potentially affecting outcomes where one parent demonstrates controlling behavior.
-
Documentation matters more than ever. If this bill passes, victims should preserve evidence of monitoring, isolation, financial control, and communication restrictions. Text messages, emails, and witness statements could support claims of coercive control.
Questions Critics Are Raising
Not everyone supports the approach. Critics argue coercive control statutes face enforcement challenges due to the subjective nature of psychological abuse. The United Kingdom enacted similar legislation in 2015, and early studies revealed prosecution difficulties.
The FITSNews analysis notes that S. 702's lower proof threshold in family court—particularly in custody disputes—draws comparatively little public scrutiny despite potentially significant consequences. Civil court requires proof by a preponderance of the evidence (more likely than not), while criminal convictions require proof beyond a reasonable doubt.
This means allegations of coercive control could influence custody determinations even without criminal charges or convictions. Defenders argue this appropriately protects victims who face barriers to criminal prosecution. Critics worry about potential misuse in contentious custody battles.
FAQs
What is coercive control under SC Bill 702?
Coercive control is defined as "a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty." Under S. 702, this includes monitoring communications, threatening harm, reproductive coercion, isolating someone from family or friends, and controlling behavior through electronic devices. The behavior must form a pattern rather than isolated incidents.
Would coercive control become a felony in South Carolina?
S. 702 does not create a standalone felony charge for coercive control. Instead, it integrates coercive control into existing domestic violence statutes under § 16-25-20(A). This differs from last year's failed S. 588, which proposed a felony punishable by up to ten years imprisonment. The current bill allows allegations in both criminal and civil proceedings.
Can I get divorced based on coercive control now?
No. Under current S.C. Code § 20-3-10, South Carolina recognizes only five grounds for divorce: adultery, desertion (1 year), physical cruelty, habitual drunkenness, or living separate and apart for one year. Emotional abuse and psychological manipulation are not currently recognized. S. 702 would add domestic violence—including coercive control—as a sixth ground if passed.
How would this bill affect child custody cases?
S. 702 amends § 63-15-240(B) to require courts to consider stalking and harassment when determining custody arrangements. Family courts would evaluate evidence of coercive control patterns when assessing each parent's fitness and the children's best interests. This could significantly impact outcomes in cases involving psychological abuse.
When could this bill become law?
S. 702 was introduced January 13, 2026, and currently sits in the Senate Judiciary Committee. It must pass the Senate, then the House, and receive gubernatorial approval to become law. The 126th Session runs through the end of 2026, so any bills not passed by then would need reintroduction in the next session.
If you are experiencing domestic violence or coercive control, the National Domestic Violence Hotline can be reached at 1-800-799-7233.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.