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1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2006 Regular Session
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CHAPTER 1.
FELONIES AND MISDEMEANORS; ACCESSORIES
SECTION 16-1-10. Categorization of felonies and misdemeanors; exemptions.
(A) Felonies are classified, for the purpose of sentencing, into the following six categories:
(1) Class A felonies
(2) Class B felonies
(3) Class C felonies
(4) Class D felonies
(5) Class E felonies
(6) Class F felonies
(B) Misdemeanors are classified, for the purpose of sentencing, into the following three categories:
(1) Class A misdemeanors
(2) Class B misdemeanors
(3) Class C misdemeanors
(C) All offenses with a term of imprisonment of less than one year are misdemeanors and exempt from the classification system.
(D) The following offenses are classified as exempt under subsections (A) and (B):
10-11-325(B)(1) Detonating an explosive or destructive device or igniting
an incendiary device upon the capitol grounds or within
the capitol building resulting in death of a person
where there was malice aforethought
12-21-6000(B) Possessing marijuana or controlled substances without
appropriate stamps
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-85(C)(1) Causing the death of a child by abuse or neglect
16-3-210 Lynching
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for the common
law offense of assault and battery of a high and
aggravated nature)
16-3-655(C)(1) Engaging in Criminal Sexual Conduct with a minor in the
First Degree
16-3-910 Kidnapping (if sentenced for murder)
16-3-1083(A)(2)(a) Violent crime that carries the death of, or bodily injury
to in utero child
16-7-10 Acts considered unlawful in area designated by Governor in
emergency--looting
16-7-10(A)(2) Looting during state of emergency
16-7-10 Acts considered unlawful in area designated by Governor in
emergency--looting
16-9-290 Accepting bribes for purposes of procuring public office
16-11-311(B) Burglary--First degree
16-11-370 Robbery of operators of vehicles for hire
16-15-20 Incest
16-15-110(3) Prostitution--third or subsequent offense
16-17-735 False assertion of authority of law, in attempt to
intimidate or hinder state or local official in
discharge of duties, by threats or use of sham legal
process.
16-23-715(1) Use of weapons of mass destruction resulting in death
16-23-715(2) Use of weapons of mass destruction not resulting in death
16-23-720(A)(1) Detonating a destructive device or causing an explosion,
or aiding, counseling, or procuring an explosion by
means of detonation of a destructive device which
results in death of a person where there was malice
aforethought
20-7-2970 Childcare operator refusing inspection and violating fire
and health safety requirements
20-7-3090 Violation of childcare facilities requirements
23-36-170(c), (d) Penalty (violation of South Carolina Explosives Control
Act)
Third, fourth, or subsequent offenses
24-13-430(1) Inciting prisoners to riot
25-1-2957 Recklessly endangering the life of another
25-7-30 Giving information respecting national or state defense to
foreign contacts during war
38-25-330 Violation of a provision contained in the provisions
relating to the unauthorized transaction of insurance
business
38-41-20 Multiple employer self-insured health plan transacting
business without a license
39-15-1190(C) Knowing and willfully using an object or tool to produce
or reproduce a counterfeit mark or possessing an object
with intent to produce or reproduce a counterfeit mark
39-22-90(A)(8) State warehouse system violation
40-55-170(A) Practicing psychology without being licensed as required
by chapter
44-4-530(C) Failure of persons subject to quarantine to comply
44-4-530(D) Entry into isolation or quarantine are by unauthorized
person
44-53-370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in marijuana, 10
pounds or more, but less than 100 pounds)
Third or subsequent offenses
44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in marijuana,
100 pounds or more of marijuana, but less than 2,000
pounds)
44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 pounds
or more, but less than 10,000 pounds)
44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in marijuana,
10,000 pounds of marijuana or more)
44-53-370(e)(2)(a)3 Prohibited Acts A, penalties (trafficking in cocaine, 10
grams or more, but less than 28 grams)
Third or subsequent offense
44-53-370(e)(2)(b)3 Prohibited Acts A, penalties (trafficking in cocaine, 28
grams or more, but less than 100 grams)
44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100
grams or more, but less than 200 grams)
44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200
grams or more, but less than 400 grams)
44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400
grams or more)
44-53-370(e)(3)(a)2 Prohibited Acts A, penalties (trafficking in illegal
drugs, 4 grams or more, but less than 14 grams)
Second or subsequent offense
44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in illegal
drugs, 14 grams or more, but less than 28 grams)
44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegal
drugs, 28 grams or more)
44-53-370(e)(4)(a)2 Prohibited Acts A, penalties (trafficking in methaqualone,
15 grams or more, but less than 150 grams)
Second or subsequent offense
44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in methaqualone,
150 grams but less than 1,500 grams)
44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in methaqualone,
possession of 1,500 grams, but less than 15 kilograms of
methaqualone)
44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone,
15 kilograms or more)
44-53-370(e)(5)(a)3 Prohibited Acts, penalties (trafficking in LSD, 100 dosage
units or more, but less than 500 dosage units)
Third or subsequent offense
44-53-370(e)(5)(b)3 Prohibited Acts, penalties (trafficking in LSD, 500 dosage
units or more, but less than 1,000 dosage units)
Third or subsequent offense
44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000
dosage units or more)
44-53-375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or
more, but less than 28 grams
Third or subsequent offense
44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams or
more, but less than 100 grams
Third or subsequent offense
44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine 100 grams or
more, but less than 200 grams
44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine 200 grams or
more, but less than 400 grams
44-53-375(C)(5) Trafficking in ice, crank, or crack cocaine 400 grams or
more
44-53-445 Distribute, sell, or manufacture, or possess with intent
to distribute crack cocaine within proximity of school
46-9-90 State Pest Commission violation, second offense
47-3-950 Wrongfully obtaining or exerting unauthorized control over
a guide dog or service animal
47-19-120(a) Interference with person performing official duties under
chapter concerning Poultry Products Inspection Law
(Violation of Sections 47-19-70 through 47-19-110)
56-5-2780(B)(1) Unlawfully passing a stopped school bus where great bodily
injury results
56-5-2947 Child endangerment
56-15-590 Failure of a motor vehicle auction to keep required
records or make them available for inspection
58-17-4090 Death that results from obstructing a railroad
SECTION 16-1-20. Penalties for classes of felonies.
(A) A person convicted of classified offenses, must be imprisoned as follows:
(1) for a Class A felony, not more than thirty years;
(2) for a Class B felony, not more than twenty-five years;
(3) for a Class C felony, not more than twenty years;
(4) for a Class D felony, not more than fifteen years;
(5) for a Class E felony, not more than ten years;
(6) for a Class F felony, not more than five years;
(7) for a Class A misdemeanor, not more than three years;
(8) for a Class B misdemeanor, not more than two years;
(9) for a Class C misdemeanor, not more than one year.
(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence.
(C) This chapter does not apply to the minimum sentences established for fines or community service.
SECTION 16-1-30. Classification of new statutory offenses.
All criminal offenses created by statute after July 1, 1993, must be classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20, except as provided in Section 16-1-10(D).
SECTION 16-1-40. Accessory.
A person who aids in the commission of a felony or is an accessory before the fact in the commission of a felony by counseling, hiring, or otherwise procuring the felony to be committed is guilty of a felony and, upon conviction, must be punished in the manner prescribed for the punishment of the principal felon.
SECTION 16-1-50. Indictment and conviction of accessories.
A person who counsels, hires, or otherwise procures a felony to be committed may be indicted and convicted:
(1) as an accessory before the fact either with the principal felon or after his conviction; or
(2) of a substantive felony, whether the principal felon has or has not been convicted or is or is not amenable to justice, and may be punished as if convicted of being an accessory before the fact.
SECTION 16-1-55. Classification of accessory crimes.
A person who commits the offense of accessory after the fact must be punished based upon the classification below the punishment provided for the principal offense, except for Class A, Class B, and Class C felonies or murder. If the principal offense is a Class A, Class B, or Class C felony or murder, the penalty must be as prescribed for a Class D felony.
SECTION 16-1-57. Classification of third or subsequent conviction of certain property crimes.
A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense, be punished as prescribed for a Class E felony.
SECTION 16-1-60. Violent crimes defined.
For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10 ); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses.
SECTION 16-1-70. Nonviolent crimes.
For purposes of definition under South Carolina law a nonviolent crime is all offenses not specifically enumerated in Section 16-1-60.
SECTION 16-1-80. Offense of attempt punished as principal offense.
A person who commits the common law offense of attempt, upon conviction, must be punished as for the principal offense.
SECTION 16-1-90. Crimes classified as felonies.
(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
10-11-325(B)(2) Detonating an explosive or destructive device or
igniting an incendiary device upon the capitol
grounds or within the capitol building resulting
in death to a person where there was not malice
aforethought
16-3-50 Manslaughter--voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655(C)(2) Criminal sexual conduct, 1st degree, with minor less
than 16, 2nd offense
16-3-656 Assault with intent to commit criminal sexual
conduct
First degree
16-3-658 Criminal sexual conduct where victim is legal spouse
(separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-3-1075(B)(2) Carjacking (great bodily injury)
16-11-110(A) Arson in the first degree
16-11-330(A) Robbery while armed with a deadly weapon
16-11-380 Entering bank, depository, or building and loan
association with intent to steal
16-11-390 Safecracking
16-23-720(A)(2) Detonating a destructive device or causing an
explosion, or intentionally aiding, counseling, or
procuring an explosion by means of detonation of a
destructive device which results in the death of a
person where there was not malice aforethought
24-13-450 Taking of a hostage by an inmate
43-35-85(F), 16-3-1050(F) Abuse or neglect of a vulnerable adult resulting in
death
44-53-370 Prohibited Acts A, penalties (b)(1) (narcotic drugs
in Schedules I(b) and (c), LSD, and Schedule II)
second, third, or subsequent offense
44-53-370(e)(2)(a)2 Prohibited Acts A, penalties (trafficking in
cocaine, 10 grams or more but less than 28 grams)
Second offense
44-53-370(e)(2)(b)2 Prohibited Acts, penalties (trafficking in cocaine,
28 grams or more but less than 100 grams)
Second offense
44-53-370(e)(5)(a)2 Prohibited Acts, penalties (trafficking in LSD, 100
dosage units or more but less than 500 dosage
units)
Second offense
44-53-370(e)(5)(b)2 Prohibited Acts, penalties (trafficking in LSD, 500
dosage units or more but less than 1,000 dosage
units)
Second offense
44-53-370(e)(6)(d) Prohibited Acts, penalties (trafficking in
flunitrazepam, 5 kilograms or more)
44-53-370(e)(8)(a)(ii) Trafficking in MDMA or ecstasy, 100 dosage units but
less than 500--Second offense
44-53-370(e)(8)(a)(iii) Trafficking in MDMA or ecstasy, 100 dosage units but
less than 500--Third or subsequent offense
44-53-370(e)(8)(b)(ii) Trafficking in MDMA or ecstasy, 100 dosage units but
less than 1000--Third or subsequent offense
44-53-370(e)(8)(b)(iii) Trafficking in MDMA or ecstasy, 100 dosage units but
less than 1000--Third or subsequent offense
44-53-370(g)(1)(b) Prohibited Acts A, penalties (distribution of
narcotic drugs in Schedules I(b) and (c), LSD, and
Schedule II with intent to commit a crime)
Second offense
44-53-370(g)(1)(c) Prohibited Acts A, penalties (distribution of
narcotic drugs in Schedules I(b) and (c), LSD, and
Schedule II with intent to commit a crime)
Third or subsequent offense
44-53-375(B)(2) Manufacture, distribution of methamphetamine or
cocaine base
44-53-375(B)(3) Manufacture, distribution, etc., methamphetamine, or
cocaine base
Third or subsequent offense
44-53-375(C)(1)(b) Trafficking in ice, crank, or crack cocaine (10
grams or more but less than 28 grams)
Second offense
44-53-375(C)(2)(b) Trafficking in ice, crank, or crack cocaine (28
grams or more but less than 100 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of airport facility or
equipment when death results
56-5-1030(B)(3) Interference with traffic-control devices or
railroad signs or signals prohibited when death
results from violation
58-17-4090 Penalty for obstruction of railroad
(B) The following offenses are Class B felonies and the maximum terms established for a Class B felony, as set forth in Section 16-1-20(A), apply:
10-11-325(B)(3) Detonating an explosive or destructive device or
igniting an incendiary device upon the capitol ground
or within the capitol building resulting in injury to
a person
10-11-325(B)(4) Detonating an explosive or destructive device or
igniting an incendiary device upon the capitol grounds
or within the capitol building resulting in damage to
real or personal property
16-11-110(B) Arson in the second degree
16-11-370 Robbery of operators of vehicles for hire
16-23-720(A)(3) Detonating a destructive device, or causing an
explosion, or aiding, counseling, or procuring an
explosion by means of detonation of a destructive
device resulting in injury to a person
16-23-720(B) Causing an explosion by means of a destructive device,
or aiding, counseling, or procuring an explosion by
means of a destructive device which results in damage
to real or personal property, or attempting to injure
a person or damage or destroy real or property by
means of a destructive device
44-53-370(e)(1)(a)(3) Trafficking in marijuana, 10 pounds or more (third or
subsequent offense)
44-53-370(e)(2)(b)1 Prohibited Acts, penalties (trafficking in cocaine, 28
grams or more, but less than 100 grams)
First offense
44-53-370(e)(3)(a)1 Prohibited Acts A, penalties (trafficking in illegal
drugs, 4 grams or more, but less than 14 grams)
44-53-370(e)(5)(b)1 Prohibited Acts, penalties (trafficking in LSD, 500
dosage units or more, but less than 1000 dosage units)
First offense
44-53-370(e)(6)(a)(2) Prohibited Acts, penalties (trafficking in
flunitrazepam, 1 gram)
Second or subsequent offense
44-53-370(e)(6)(c) Prohibited Acts, penalties (trafficking in
flunitrazepam, 1000 grams but less than 5 kilograms)
44-53-370(e)(7)(b) Trafficking in gamma hydroxybutyric acid (second or
subsequent offense)
44-53-370(e)(8)(b)(i) Trafficking in MDMA or ecstasy, 100 dosage units but
less than 1000--First offense
44-53-370(e)(8)(c) Trafficking in MDMA or ecstasy, 1000 or more dosage
units
44-53-370(g)(2)(c) Prohibited Acts A, penalties (distribution of controlled
substances with intent to commit a crime)
Third or subsequent offense
44-53-375(C)(2)(a) Trafficking in ice, crank, crack cocaine 28 grams or
more, but less than 100 grams
First offense
50-21-113(A)(2) Operating or controlling a moving water device while
under the influence of alcohol, drugs, or a
combination of both when death results
50-21-130(A)(3) Failure of an operator of a vessel involved in a
collision resulting in death to stop and render
assistance
56-5-750(C)(2) Failure to stop for a law enforcement vehicle (death
occurs)
56-5-1210(A)(3) Failure to stop a vehicle involved in an accident when
death occurs
56-5-2945 Causing great bodily injury or death by operating
vehicle while under influence of drugs or alcohol,
death resulting
(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:
16-3-70 Administering or attempting to administer poison
16-3-75 Unlawful and malicious tampering with human drug
product or food
16-3-85(C)(2) Aiding in the death of a child by abuse or neglect
16-3-95(A) Inflicting great bodily injury upon a child
16-3-220 Lynching in the second degree
16-3-620 Assault and battery with intent to kill
16-3-653 Criminal sexual conduct
Second degree
16-3-655(C)(3) Criminal sexual conduct, 2nd degree, with minor between
11 and 14 or at least 14 and less than 16 if actor in
familial or custodial position
16-3-656 Assault with intent to commit criminal sexual conduct
Second degree
16-3-658 Criminal sexual conduct where victim is legal spouse
(separated)
Second degree
16-3-810 Engaging child under 18 for sexual performance
16-3-1075(B)(1) Carjacking
16-11-330(B) Attempted armed robbery
16-11-350 Train robbery by stopping train
16-11-360 Robbery after entry upon train
16-15-395 Sexual exploitation of a minor
25-7-30 Giving information respecting national or state defense
to foreign contacts (violation during peacetime)
44-53-370(b)(2) Prohibited Acts A, penalties (manufacture or possession
of other substances in Schedule I, II, III, with
intent to distribute)
Third or subsequent offense
44-53-370(e)(1)(a)2 Prohibited Acts A, penalties (trafficking in marijuana,
10 pounds or more, but less than 100 pounds)
Second offense
44-53-370(e)(6)(b) Prohibited Acts, penalties (trafficking in
flunitrazepam, 100 grams but less than 1000 grams)
44-53-370(g)(1)(a) Prohibited Acts A, penalties (distribution of narcotic
drugs in Schedules I(b) and (c), LSD, and Schedule II
with intent to commit a crime)
First offense
44-53-370(g)(2)(b) Prohibited Acts A, penalties (distribution of
controlled substances with intent to commit a crime)
Second offense
44-53-440 Distribution of controlled substance under Sections
44-53-370(a) and 44-53-375(B) to persons under 18
44-53-475(A)(1) Financial transactions involving property derived from
unlawful drug activity
44-53-475(A)(3) Concealment of property derived from unlawful drug
activity
44-54-475(A)(2) Transportation or attempt to transfer monetary
instruments derived from unlawful drug activity
58-15-870 Injuring railroad or electric railway generally if act
endangers life
(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply:
10-11-325(A) Possessing, having readily accessible, or
transporting onto the capitol grounds or within
the capitol building an explosive, destructive, or
incendiary device
16-1-55 Accessory after the fact of a Class A, B, or C
Felony
16-3-930 Knowingly subjecting another person to forced labor
or services, or recuiting, harboring,
transporting, providing, or obtaining by any means
a person knowing that the person will be subject
to forced labor or services
16-3-1090(B) Assist another person in committing suicide
16-3-1730(C) Stalking within ten years of a conviction of
harassment or stalking
16-11-312 Burglary--second degree
16-11-325 Common law robbery
Second and subsequent offense
16-15-140 Committing or attempting lewd act upon child under
16
16-15-355 Disseminating obscene material to a minor 12 years
or younger
16-23-720(C) Possessing, manufacturing, transporting,
distributing, possessing with the intent to
distribute any explosive device, substance, or
material configured to damage, injure, or kill a
person, or possessing materials which when
assembled constitute a destructive device
16-23-720(D) Threaten by means of a destructive weapon
16-23-720(E) Harboring one known to have violated provisions
relating to bombs, weapons of mass destruction and
destructive devises
16-23-730 Communicating or transmitting to a person that a
hoax device or replica is a destructive device or
detonator with intent to intimidate or threaten
injury, obtain property, or interfere with the
ability of a person or government to conduct its
affairs
16-23-750 Communicating or aiding and abetting the
communication of a threat or conveying false
information concerning an attempt to kill, injure,
or intimidate a person or damage property or
destroy by means of an explosive, incendiary, or
destructive device (second or subsequent offense)
24-3-210 Furloughs for qualified inmates of state prison
system--Failure to return (See section 24-13-410)
24-13-410(B) Escaping or attempting to escape from prison or
possessing tools or weapons used to escape
24-13-470 Inmate throwing bodily fluids on a correctional
facility employee
43-35-85(B) Abusing or neglecting a vulnerable adult that
results in great bodily injury
43-35-85(D), 16-3-1050(E) Abuse or neglect of a vulnerable adult resulting in
great bodily injury
44-53-370(b)(1) Prohibited Acts A, penalties (narcotic drugs in
Schedule I (b) and (c), LSD, and Schedule II)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(a) (distribution
of controlled substances with intent to commit a
crime)
First offense
44-53-375(A) Possession of less than 1 gram of ice, crank, or
crack cocaine
Third or subsequent offense
44-53-375(B)(1) Manufacture, distribution, etc., methamphetamine or
cocaine
First offense
44-53-577 Unlawful to hire, solicit, direct a person under 17
years of age to transport, conceal, or conduct
financial transaction relating to unlawful drug
activity
50-21-113(A)(1) Operating a moving water device while under the
influence of alcohol or drugs where great bodily
injury results
56-5-2945(A)(1) Causing great bodily injury by operating vehicle
while under influence of drugs or alcohol
(E) The following offenses are Class E felonies and the maximum terms established for a Class E felony, as set forth in Section 16-1-20(A), apply:
7-25-50 Bribery at elections
Second offense
7-25-60 Procuring or offering to procure votes by bribery
Second or subsequent offense
7-25-80 Threatening, intimidating, or abusing voters
8-1-20 Illegal collecting and retaining rebates, commissions,
or discounts (public officers/employees)
8-13-705 Offering, giving, soliciting, or receiving anything of
value to influence action of public employee,
member, or official
9-16-350 Use of any information concerning State Retirement
Systems Investment Panel activities by member or
employee to obtain economic interest
15-49-20(H) Falsifying affidavit in order to obtain employment
after having been convicted of an offense requiring
registration as a sex offender
16-1-55 Accessory after the fact of a Class D Felony
16-1-57 Third or subsequent conviction of certain property
crimes
16-3-515 Committing identity fraud to obtain employment
16-3-615 Spousal sexual battery
16-3-625 Resisting arrest with deadly weapon
16-3-635(C) Assault and battery against an emergency medical
service provider, firefighter, or home health care
provider
16-3-654 Criminal sexual conduct
Third degree
16-3-656 Assault with intent to commit criminal sexual conduct
Third degree
16-3-820 Promoting, producing, or directing a sexual
performance by a child under 18
16-3-1060 No person may accept fee, compensation, etc. (for
relinquishing the custody of a child for adoption)
16-3-1730(B) Stalking while injunction or restraining order
prohibiting this conduct is in effect
16-7-160(2) Illegal use of stink bombs or other devices containing
foul or offensive odors--bodily harm results
16-8-20(B)(2) Teaching, demonstrating the use, application, or
making of a firearm or destructive device (second or
subsequent offense)
16-9-220 Acceptance of bribes by officers
16-9-320(B) Assaulting police officer serving process or while
resisting arrest
16-9-340 Intimidation of court officials, jurors, or witnesses
16-9-410(C)(1) Aiding escapes from prison, for prisoners serving term
of incarceration
16-11-110(C) Arson--third degree
16-11-313 Burglary--third degree
Second offense
16-11-510(B)(1) Malicious injury to animals and personal property
(value $5,000 or more)
16-11-520(B)(1) Malicious injury to real property (value $5,000 or
more)
16-11-535 Malicious injury to place of worship
16-11-580(C)(2) Forest products violation (value at least $5,000)
16-11-740 Malicious injury to telegraph, telephone, or electric
utility system
16-13-10(B)(1) Forgery (value $5,000 or more)
16-13-30(B)(2) Grand larceny (value $5,000 or more)
16-13-40(3) Stealing of bonds and the like (value $5,000 or more)
16-13-50(1) Stealing livestock, confiscation of motor vehicle, or
other chattel (value $5,000 or more)
16-13-70(B)(1) Stealing of vessels and equipment, payment of damages
(value $5,000 or more)
16-13-110(B)(3) Shoplifting (value $5,000 or more)
16-13-170 Entering house or vessel without breaking in with
intent to steal, attempt to enter
16-13-180(3) Receiving stolen goods (value $5,000 or more)
16-13-210(1) Embezzlement of public funds (value $5,000 or more)
16-13-230(B)(3) Breach of trust with fraudulent intent (value $5,000
or more)
16-13-240(1) Obtaining signature or property by false pretenses
(value $5,000 or more)
16-13-260(1) Obtaining property under false tokens or letters
(value $5,000 or more)
16-13-290(1) Securing property by fraudulent impersonation of
officer (value over $200)
16-13-420(B)(1) Failure to return rented objects, fraudulent
appropriation (value $5,000 or more)
16-13-425(3) Unlawful failure to return rented video or cassette
tape (value $5,000 or more)
16-13-430(C)(1) Fraudulent acquisition or use of food stamps (value
$5,000 or more)
16-13-510(D) Financial identity fraud
16-15-335 Unlawful to hire, employ, use, or permit any person
under 18 to do anything violating obscenity statutes
16-15-342 Criminal solicitation of a minor
16-15-345 Unlawful to disseminate obscene material to any person
under 18 years of age
16-15-385 Dissemination of obscene material to minors is
unlawful
16-15-387 Employing a person under eighteen to appear in public
in the state of sexually explicit nudity
16-15-405(D) Sexual exploitation of a minor
Second degree
16-15-410 Sexual exploitation of a minor
Third degree
16-15-415 Promoting prostitution of a minor
16-17-470(C) Aggravated voyeurism
16-17-495(D) Transport of child by physical force or threat of
physical force with intent to avoid custody order
16-17-550 Bribery of athletes and athletic officials
16-17-600(A),(B) Destruction or desecration of human remains or
repositories--destroys, damages, or desecrates human
remains and vandalizes, desecrates, injures
gravestones or memorials
16-17-640 Blackmail
16-21-80(3) Receiving, possessing, concealing, selling, or
disposing of stolen vehicle (value $5,000 or more)
16-23-220 Unlawful transportation of machine gun or sawed-off
shotgun or rifle
16-23-230 Unlawful storing, keeping, or possessing machine gun
or sawed-off shotgun or rifle
16-23-240 Unlawful selling, renting, or giving away of machine
gun or sawed-off shotgun or rifle
16-23-440 Discharging firearms at or into dwellings
16-23-750 Communicating or aiding and abetting the communication
of a threat or conveying false information
concerning an attempt to kill, injure, or intimidate
a person or damage or destroy property by means of
an explosive, incendiary, or destructive device
(first offense)
16-25-20(E) Cause, offer, or attempt to cause injury to a person's
household and violate the terms of an order of
protection
16-25-65(B) Commission of criminal domestic violence of a high and
aggravated nature
17-13-50 Right to be informed of grounds for arrest,
consequences of refusal to answer or false answer
20-7-50 Unlawful neglect of child or helpless person by legal
custodian
20-7-105(B) Violating 20-7-105(A), Second Offense
20-7-3095 Commission of certain offenses within 100 yards of a
child daycare facility
20-7-8035 Furnishing contraband to a juvenile in the custody of
the Department of Juvenile Justice
23-29-90 Penalties (violations of Subversive Activities
Registration Act)
23-31-340 Penalties (violation of article regulating use and
possession of machine guns, sawed-off shotguns, and
rifles)
23-31-360 Unregistered possession of machine guns by licensed
manufacturer
23-36-170(b) Violation of South Carolina Explosives Control Act
Second offense
24-3-910 Penalty for penitentiary employee's connivance at
escape of prisoners
24-3-950 Contraband (possession by prisoner or furnishing
prisoner with or attempt to furnish)
24-7-155 Furnishing or possessing contraband in county or
municipal prisons prohibited
24-13-420 Harboring or employing escaped convicts
24-13-430(2) Participating in riot by prisoners
24-13-440 Carrying or concealing weapon by inmates
25-7-50 False reports, insubordination, obstruction of
recruiting during war
25-7-70 Sabotage
34-3-10 Use of word "bank" or "banking" by other than banking
institutions
34-11-60 Drawing and uttering fraudulent check, draft, or other
written order (more than $1,000, see Section
34-11-90(b)) Third and subsequent offenses
34-13-90 Penalty for improper borrowing by directors or
officers
35-1-508(a)(1) Violation of Title 35, Chapter 1 when investor loses
twenty thousand dollars or more
36-9-410(C)(3) Unlawful disposal of personal property that is subject
to a perfected security interest whose value is
$5,000 or more
38-38-720(3) Making a false statement or representation regarding a
fraternal benefit society (second or subsequent
offense)
38-55-170(1) Presenting false claim for payment (insurance
companies) (value $5,000 or more)
39-9-208 Uniform weights and measures law violation
39-15-1190(B)(1)(a)(iv) Transferring, distributing, selling, or otherwise
disposing of an item having a counterfeit mark on
it, Second Offense
39-15-1190(B)(1)(b)(ii) Trafficking in counterfeit marks, Second or Subsequent
Offense
39-22-90(A)(8) State warehouse system violation if the amount of the
violation is $5,000 or more
39-73-325 Violation of regulation under State Commodity Code
44-23-1080(2) Furnishing Department of Mental Health patients or
prisoners with firearms or dangerous weapons
44-23-1150(C)(1) First degree sexual misconduct
44-29-145 Exposing others to Human Immuno Deficiency Virus
44-52-165(A)(3) Possession of firearms or dangerous weapons by patient
receiving inpatient services operated by Department
of Mental Health
44-52-165(B)(1) Intentionally allowing patient receiving inpatient
services by Department of Mental Health to possess
alcoholic beverages or controlled substances
44-52-165(B)(2) Intentionally allowing patient receiving inpatient
services by Department of Mental Health to possess
firearms or dangerous weapons
44-53-365 Taking or exercising control over another person's
controlled substance--Second offense
44-53-370(b)(2) Prohibited Acts A, penalties (manufacture or
possession of other substances in Schedule I, II,
III, flunitrazepam, or a controlled substance
analogue with intent to distribute)
Second offense
44-53-370(d)(3) Possession of cocaine, third or subsequent offense
44-53-370(e)(1)(a)1 Prohibited Acts A, penalties (trafficking in
marijuana, 10 pounds or more, but less than 100
pounds)
44-53-370(e)(2)(a)1 Prohibited Acts A, penalties (trafficking in cocaine,
10 grams or more, but less than 28 grams)
44-53-370(e)(4)(a)1 Prohibited Acts A, penalties (trafficking in
methaqualone, 15 grams or more, but less than 150
grams)
44-53-370(e)(5)(a)1 Prohibited Acts, penalties (trafficking in LSD, 100
dosage units or more, but less than 500 dosage
units)
First offense
44-53-370(e)(6)(a)(1) Prohibited acts, penalties (trafficking in
flunitrazepam, 1 gram but less than 100 grams)
First offense
44-53-370(e)(7)(a) Trafficking in gamma hydroxybutyric acid (first
offense)
44-53-370(e)(8)(a)(i) Trafficking in MDMA or ecstasy, 100 dosage units but
less than 500--First offense
44-53-375(A) Possession of less than one gram of methamphetamine or
cocaine base, third or subsequent offense
44-53-375(C)(1)(a) Trafficking in ice, crank, or crack cocaine 10 grams
or more, but less than 28 grams
First offense
44-53-376(B) Knowingly causing to be disposed any waste from the
production of methamphetamine or knowingly
assisting, soliciting, or conspiring with another to
dispose of the waste, Second Offense
44-53-398(H)(5) Possessing, manufacturing, delivering, distributing,
dispensing, administering, purchasing, selling, or
possessing with intent to distribute any substance
that contains any amount of ephedrine or
pseudoephedrine which has been altered from its
original condition, Second Offense
44-53-440 Distribution of controlled substance under Section
44-53-370(a) and (b) to persons under 18 violation
44-53-445 Distribution, manufacture, or sale of controlled
substance within proximity of school (other than
crack cocaine)
44-53-1530(1)(b) Distribution of anabolic steroids (second or
subsequent offense)
44-53-1530(4)(b) Possession of anabolic steroids, 100 or more doses
(second or subsequent offense)
44-55-1510 Prohibition of discharge of fumes of acids or similar
substances
44-53-1680(B) Knowingly disclosing information in violation of the
Prescription Monitoring Program
44-53-1680(C) Using prescription monitoring information in a manner
or for a purpose in violation of the Prescription
Monitoring Program
45-2-40(B)(1) Inflicting $500 or more in damages to a lodging
establishment while using or possessing a controlled
substance, beer, wine, or alcohol
46-1-20(1) Stealing crops from the field (value $5,000 or more)
46-1-40(1) Stealing tobacco plants from bed (value $5,000 or
more)
46-1-60(B)(1) Making away with produce before payment (value $5,000
or more)
46-1-70(B)(1) Factors or commission merchants failing to account for
produce (value $5,000 or more)
47-19-120(C)(2) Interference with person performing official duties
under chapter on poultry inspection--use of deadly
weapon in commission of violation
48-23-265(C)(2) Forest products violation second or subsequent offense
(value at least $5,000)
49-1-50(C)(1) Sale of drifted timber, lumber ($5,000 or more value)
50-21-115 Reckless homicide by operation of a boat (reclassified
from Class F felony in 2002)
50-21-130(A)(2) Failure of an operator of a vessel involved in a
collision resulting in great bodily injury to stop
and render assistance
55-1-30(2) Unlawful removing or damaging of airport facility or
equipment when injury results
55-1-40 Unlawful entry of aircraft, damaging, or removing
equipment
56-5-750(C)(1) Failure to stop for a law enforcement vehicle (great
bodily harm occurs)
56-5-1030(B)(2) Interference with traffic-control devices or railroad
sign or signals prohibited--injury results
56-5-1210(A)(2) Failure to stop a vehicle involved in an accident when
great bodily injury results
56-5-2910 Reckless homicide
56-29-30(A) Unlawful to own, operate, or conduct a chop shop or to
transport or sell a motor vehicle to a chop shop
58-15-850 Breaking and entering or shooting into cars
(F) The following offenses are Class F felonies and the maximum terms established for a Class F felony, as set forth in Section 16-1-20(A), apply:
7-25-50 Bribery at elections
First offense
7-25-60 Procuring or offering to procure votes by bribery
First offense
7-25-190 Illegal conduct at elections generally
8-13-725(B) Public official disclosing confidential
information
11-48-90(A) Sale or possession of counterfeit cigarettes
12-21-2716 Unlawful manufacture or sale of slugs to be used
in coin-operated devices
12-21-4150 Posing as a bingo player with the intent to
defraud bingo customers
12-21-6040(A) Revealing facts contained in report under
Marijuana and Controlled Substance Tax Act
12-54-44(B)(1) Wilful attempt to evade or defeat tax imposed
12-54-44(B)(2) Wilful failure to collect or truthfully account
for and pay over tax money
12-54-44(B)(6)(a)(i) Wilfully subscribing to false or fraudulent tax
return
12-54-44(B)(6)(a)(ii) Wilfully assisting in false or fraudulent tax
return
12-54-44(B)(6)(b)(iii) Violation of prohibition against preparing returns
by person convicted of preparing false return
16-1-55 Accessory after the fact of a Class E felony
Third or subsequent offense
16-3-60 Involuntary manslaughter
16-3-95(B) Inflicting great bodily injury on a child by a
person responsible for the child's welfare
16-3-630 Assault of a correctional facility employee
16-3-1040 Threatening life, person or family of public
official
16-3-1720 Stalking (with prior conviction)
16-3-1730(A) Aggravated stalking
16-5-10 Conspiracy against civil rights
16-5-130(1) Penalties for instigating, aiding or participating
in riot--resists enforcement of statute of state
or United States, obstruct public officer,
Carries weapon, etc.
16-8-20(B)(1) Demonstrating the use of a bomb (first offense)
16-9-10 Perjury and subordination of perjury
16-9-30 False swearing before persons authorized to
administer oaths
16-9-210 Giving or offering bribes to officers
16-9-230 Acceptance of rebates or extra compensation
16-9-260 Corrupting jurors, arbitrators, umpires, or
referees
16-9-270 Acceptance of bribes by jurors, arbitrators,
umpires, or referees
16-11-20 Making, mending or possessing tools or other
implements capable of being used in crime
16-11-125 Making false claim or statement in support of
claim to obtain insurance benefits for fire or
explosion loss
16-11-130 Burning personal property to defraud insurer
16-11-150 Burning lands of another without consent
Second and subsequent offense
16-11-170 Wilfully burning lands of another
16-11-190 Wilfully and maliciously attempts to burn
16-11-313(B) Burglary--third degree
First offense
16-11-510(B)(2) Malicious injury to animals and personal property
(value over $1,000 up to $5,000)
16-11-520(B)(2) Malicious injury to real property (value over
$1,000 up to $5,000)
16-11-617 Unlawful to cultivate or attempt to cultivate
marijuana on land of another
16-11-910 and 16-11-915 Transfer of recorded sounds for unauthorized use
or sale
16-11-930 Illegal distribution of recording without name and
address of manufacturer and designation of
featured artist (See Section 16-11-920(B))
16-13-10(B)(2) Forgery (value less than $5,000)
16-13-30(B)(1) Grand larceny (value over $1,000 up to $5,000)
16-13-40(2) Stealing of bonds and the like (value over $1,000
up to $5,000)
16-13-50(2) Stealing livestock, confiscation of motor vehicle
or other chattel (value over $1,000 up to
$5,000)
16-13-70(B)(2) Stealing of vessels and equipment--payment of
damages (value over $1,000 up to $5,000)
16-13-110(B)(2) Shoplifting (value over $1,000 up to $5,000)
16-13-160 Breaking into motor vehicles or tanks, pumps, and
other containers where fuel or lubricants are
stored
16-13-180(2) Receiving stolen goods (value over $1,000 up to
$5,000)
16-13-210(2) Embezzlement of less than $5,000 in public funds
16-13-230(B)(2) Breach of trust with fraudulent intent (value over
$1,000 up to $5,000)
16-13-240(2) Obtaining signature or property by false pretenses
(value over $1,000 up to $5,000)
16-13-260(2) Obtaining property under false tokens or letters
(value over $1,000 up to $5,000)
16-13-420(B)(2) Failure to return rented objects, fraudulent
appropriation (value over $1,000 up to $5,000)
16-13-425(A)(2) Unlawful failure to return rented video or
cassette tape (value over $1,000 up to $5,000)
16-13-430(C)(2) Fraudulent acquisition or use of food stamps
(value over $1,000 up to $5,000)
16-13-470(B)(2) Defrauding a drug or alcohol screening test
(second or subsequent offense)
16-13-1720(c) Harassment in the first degree when prior
conviction was within ten years
16-14-20 Financial transaction card theft
16-14-40 Financial transaction card forgery
16-14-60(a) Financial transaction card fraud--value of things
of value exceeds five hundred dollars in a
six-month period
16-14-60(g) Financial transaction card fraud
16-14-70 Criminal possession of financial transaction card
forgery devices
16-14-80(B)(2) Criminally receiving goods and services
fraudulently obtained with financial transaction
card (value over $500)
16-15-10 Bigamy
16-15-120 Buggery
16-15-305(A) Unlawfully disseminating, processing, or promoting
obscenity
16-15-425(C) Participation in the prostitution of a minor
16-16-20(2) Computer crime--First degree
16-17-410 Conspiracy
16-17-470(B)(2) Voyeurism (second or subsequent offense)
16-17-495(B) Transporting a child under sixteen years of age
with the purpose of concealing the child or
avoiding a custody order or statute
16-17-600(C) Destruction or desecration of human remains or
repositories--destroys, tears down, injures
fencing, trees, flowers, or shrubs around a
repository of human remains
16-17-722(B) Knowingly file a false police report regarding a
felony
16-21-10 Altering, forging, or counterfeiting certificate
of title, registration card, or license plate,
misrepresentation or concealment in application
16-21-40(A)(2), (A)(4) Removing or falsifying identification number of
vehicle or engine and buying, receiving, or
selling such vehicle or engine
16-21-80(2) Receiving, possessing, concealing, selling, or
disposing of stolen vehicle (value over $1,000
up to $5,000)
16-23-30 Sale or delivery of pistol to and possession by
certain persons unlawful, stolen pistols (See
Section 16-23-50)
16-23-410 Pointing firearms at a person
16-23-415 Taking a firearm, stun gun, or taser device from a
law enforcement officer
16-23-420 Carrying or displaying firearms in public
buildings or adjacent areas
16-23-430 Carrying weapons on school property
16-23-480 Manufacture or possession of article designed to
cause damage by fire or other means
16-23-490 Possession of firearm or knife during commission
or attempt to commit violent crime
16-23-520 Use, transportation, manufacture, possession,
purchase, or sale of teflon-coated ammunition
16-23-740 Hindering certain individuals or devices during
the detection, disarming, or destruction of a
destructive device
16-25-20(D) Commission of criminal domestic violence after two
prior convictions within last ten years
16-27-30 Animal fighting or baiting
16-27-40 Presence at facility where animal fighting or
baiting is taking place
Third and subsequent offenses
17-30-50(A) Interception of wire, electronic, or oral
communications
17-30-55(A) Sending or manufacturing device for unlawful
interception of wire, oral or electronic
communications
20-7-105(B) Violating 20-7-105(A), First Offense
23-3-470(B)(3) Failure of sex offender to register
Third or subsequent offense
23-3-475(B)(3) Providing false information when registering as a
sex offender
Third or subsequent offense
23-3-510(2) Committing a criminal offense by using information
obtained from the sex offender registry
23-3-540(B) Concealing sex offender or assisting in failure to
register
23-3-540(I) Sex offender failing to comply with reporting
requirements
23-3-540(L) Sex offender removing or tampering with monitoring
device
23-31-160 False information or evidence on firearms license
application (See Section 23-31-190)
23-31-190 Penalties, violation concerning regulation of
pistols
23-36-170(a) Penalty (violation of South Carolina Explosives
Control Act)
First offense
23-50-50(B) Divulging privileged communication, protected
information, or a protected identity with intent
to obtain monetary gain or other benefit
24-1-270 Trespass or loitering on or refusal to leave state
correctional properties
27-32-120(B) Violation of vacation time sharing plans
Third or subsequent offense
33-56-145(A) Defrauding a charity (second or subsequent
offense)
33-56-145(B) Giving false information with respect to
registering a charity (second or subsequent
offense)
34-3-110(B) Crimes against a federally chartered or insured
financial institution
35-1-508(a)(2) Violation of Title 35, Chapter 1 when an investor
loses less than twenty thousand dollars, but
more than one thousand dollars
35-1-1590(2) Violations of Uniform Securities Act
36-9-410(C)(2) Unlawful disposal of personal property that is
subject to a perfected security interest whose
value is more than $1,000 but less than $5,000
38-9-150 Return of deposited securities (making false
affidavit)
38-13-170 Making or aiding in making false statement
(Insurance)
38-43-245 Licensed insurance producer fraudulently
submitting application for insurance
38-55-170(2) Presenting false claim for payment (Insurance)
(value over $1,000 up to $5,000)
39-15-1190(B)(1)(a)(iii) Transferring, distributing, selling, or otherwise
disposing of an item having a counterfeit mark
on it, with goods or services having a value of
$10000 or more but less than $50000; using any
object, tool, machine, or other device to
produce or reproduce a counterfeit mark
39-15-1190(B)(1)(b)(i) Trafficking in counterfeit marks, First Offense
39-22-90(A)(1)-(4), (9) Prohibited acts. State Warehouse System (See
Section 39-22-90(B))
39-23-80(B)(2) Adulterated, misbranded, or new drugs and devices
Second offense
39-23-80(B)(3) Adulterated, misbranded, or new drugs and
devices--with intent to defraud or mislead
40-5-310 Unlawful practice of law by a person
43-35-85(B), (C), (D), Abuse, neglect, or exploitation of a vulnerable
16-3-1050(B), (C), (D) adult
44-23-1150(C)(2) Second degree sexual misconduct
44-41-80 Performing or soliciting unlawful abortion
44-41-85(A) Performing a partial-birth abortion
44-53-40(B) Obtaining certain drugs, devices, preparations, or
compounds by fraud, deceit, or the like
Second or subsequent offense
44-53-365 Taking or exercising control over another person's
controlled substance-First offense
44-53-370(b)(2) Prohibited Acts A, penalties (manufacture or
possession of other substances in Schedule I,
II, III, flunitrazepam, or a controlled
substance analogue with intent to distribute)
First offense
44-53-370(b)(3) Prohibited Acts A, penalties (manufacture or
possession of Schedule IV drugs except for
flunitrazepam with intent to distribute)
Second or subsequent offense
44-53-370(d)(1) Prohibited Acts A, penalties (possession of
narcotic drugs in Schedule I (b), (c), LSD, and
Schedule II)
Second, third, or subsequent offenses
44-53-370(d)(3) Possession of cocaine, second offense
44-53-375(A) Possession of less than one gram of
methamphetamine or cocaine base, second offense
44-53-376(B) Knowingly causing to be disposed any waste from
the production of methamphetamine or knowingly
assisting, soliciting, or conspiring with
another to dispose of the waste, First Offense
44-53-380 Prohibited Acts B, penalties
44-53-390 Prohibited Acts C, penalties
44-53-395 Prohibited acts, penalties (prescription drugs)
Second or subsequent offense
44-53-398(H)(5) Possessing, manufacturing, delivering,
distributing, dispensing, administering,
purchasing, selling, or possessing with intent
to distribute any substance that contains any
amount of ephedrine or pseudoephedrine which has
been altered from its original condition, First
Offense
44-53-1530(1)(a) Distribution of anabolic steroids (first offense)
44-63-161(B) Making false statement on or altering official
certificate or record
45-2-40(B)(2) Inflicting more than $1,000 but less than $5,000
in damages to a lodging establishment while
using or possessing a controlled substance,
beer, wine, or alcohol
46-1-20(2) Stealing crops from the field (value over $1,000
up to $5,000)
46-1-40(2) Stealing tobacco plants from bed (value over
$1,000 up to $5,000)
46-1-60(B)(2) Making away with produce before payment (value
over $1,000 up to $5,000)
46-1-70(B)(2) Factors or commission merchants failing to account
for produce (value over $1,000 up to $5,000)
46-1-75(B)(2) Maliciously damaging farm product, research
facility or equipment valued at $500 or more
46-41-30(2) Unlawful to engage in business as dealer without
license (agricultural products)
Second or subsequent offense
47-1-40(B) Torture, torment, mutilate, cruelly kill, or
inflict excessive or repeated unnecessary pain
or suffering upon an animal
47-3-760(B)(2) Penalty for owner of dangerous animal which
attacks and injures a human
Second or subsequent offense
49-1-50(C)(2) Sale of drifted lumber or timber (value over
$1,000 up to $5,000)
50-11-95 Engaging in Computer Assisted Remote Hunting,
Second and Subsequent Offense
54-7-815 Unlawful salvage of certain sunken warships
55-1-30(1) Unlawful removing or damaging of airport facility
or equipment
56-1-1100 Habitual traffic offenders, violation of free
vehicle registration for disabled veterans
56-5-750(B)(2) Failure to stop for a law enforcement
vehicle--Second or subsequent offense (no death
or injury occurs)
56-5-1030(B)(1) Interference with traffic-control devices or
railroad sign or signals
56-5-2780(B)(2) Unlawful passing a school bus when death results
56-5-2930 Driving under influence of liquor, drugs, or like
substances unlawful (See Section 56-5-2940(4))
Fourth or subsequent offense
56-29-30(B) Unlawful to alter, counterfeit, deface, destroy,
disguise, etc. a vehicle identification number
56-29-30(C)(1) Unlawful to buy, dispose, sell, transfer, or
possess a motor vehicle or part with tampered
identification number
56-29-30(D) Attempt to violate Motor Vehicle Chop Shop,
Stolen, and Altered Property Act
56-29-30(E) Conspiracy to violate Motor Vehicle Chop Shop,
Stolen, and Altered Property Act
58-13-740 Violation of provisions concerning transportation
of explosive compounds
58-15-820 Wilful obstruction of railroad or electric railway
58-17-4100 Shooting or throwing missile at trains
59-102-20 Failure of athlete agent to register
59-102-30(B) Failure of athlete agent to notify university of
contract
59-102-30(H) Postdating of agent's contract by agent prohibited
59-150-260(A) Intentional making, altering, forging, uttering,
passing, or counterfeiting a state lottery game
ticket
59-150-260(B) Influencing or attempting to influence the winning
of a prize through the use of coercion, fraud,
deception, or tampering with lottery equipment
or materials
59-150-270(A) Knowing or intentionally making a material false
statement in an application for a license or
proposal to conduct lottery activities or a
material false entry in a book or record which
is compiled or submitted to the lottery board
59-150-400(D) Conspiracy
SECTION 16-1-100. Crimes classified as misdemeanors.
(A) The following offenses are Class A misdemeanors and the maximum terms established for a Class A misdemeanor, as set forth in Section 16-1-20(A), apply:
4-11-130 Disbursing officers may not exceed or transfer
appropriations
4-17-70 Wilful injury to courthouse or jail
5-21-30 Municipal officers prohibited from contracting with
municipality
5-21-40 Officers required to account to municipality for
interest collected on deposits
7-5-325 Fraudulent change of address by elector for
registration for voting purposes
7-13-1920 Tampering with voting machine
7-25-10 False swearing in applying for registration (election
laws)
7-25-70 Procuring or offering to procure votes by threats
7-25-110 Voting more than once at elections
7-25-120 Impersonating a voter
7-25-160 Wilful neglect or corrupt conduct on the part of
managers
7-25-170 Wilful neglect or corrupt conduct by officers other
than managers
8-11-30 Payment or receipt of salary not due to state officers
or employees
9-1-1160(A) Collection of members contribution, failure to make
payroll reports and remittances (State Retirement
System)
10-11-315 Defacing, destroying or attempting to deface or
destroy a monument or flag on the capitol grounds
10-11-320 Carrying or discharging a firearm on the capitol
grounds or in the capitol building
10-11-360 Violation of article concerning offenses on capitol
grounds and in capitol building
11-1-20 Failure to account for interest on deposit of public
funds
11-1-40 Contracts in excess of tax or appropriation, diverting
public funds
11-9-20 Disbursing officers exceeding or transferring
appropriations
12-2-70 Neglect or misconduct of county auditor or treasurer
12-28-1500(F) An operator of a refinery, terminal, or bulk plant
failure to provide an automated shipping document to
a driver of a fuel transportation vehicle receiving
taxable motor fuel
12-28-1545(B) Licensed importer failure to meet requirements
regarding fuel which has not been dyed, nor tax paid
or accrued by the supplier
12-28-1550(C) Failure to meet requirements for exporting fuel
12-28-1555(D) Operation of a motor vehicle with dyed fuel
12-28-1560(C) Knowingly engaging or knowingly aiding and abetting
another person to engage in a motor fuel business
without a license
12-28-1720(C) Truck drivers who violate certain shipping
requirements for the second and subsequent times
12-28-1940(B) Refusing to allow certain inspections for the purpose
of evading the payment of taxes
12-54-44(B)(6)(c)(i) Concealing goods on which tax imposed with intent to
evade assessment or collection
12-54-44(B)(6)(c)(ii) Wilful failure to pay over money received from third
party to discharge payor's tax liability
16-3-635(B) Assault and battery against an emergency medical
service provider, firefighter, or home health care
provider
16-3-730 Publishing name of victim of criminal sexual conduct
unlawful
16-3-1050(G) Threatening, intimidating, or attempting to intimidate
a vulnerable adult subject to an investigation
16-3-1050(H) Obstructing or impeding an investigation pursuant to
Chapter 35 of Title 43
16-3-1720(A) Harassment in the first degree
16-3-1720(B) Harassment in the first degree when a restraining
order is in effect
16-5-40 Duty of officers to execute warrants
16-7-160 Illegal use of stink bombs or other devices containing
foul or offensive odors
16-7-170 Entering public buildings for purpose of destroying
records or other property
16-11-30 Possession of master keys and nonowner key sets while
engaged in crime
16-11-140 Burning of crops and other kinds of personal property
16-11-560 Burning, cutting untenanted or unfinished buildings
16-11-570 Injury or destruction of building or crops by tenant
16-11-920(A)(3) Operation of an audiovisual recording device in a
motion picture theatre with intent to record, third
offense
16-13-10 Forgery that does not involve a dollar amount
16-13-150 Purse snatching (not grand larceny or robbery)
16-13-380 Theft of electric current (second or subsequent
offense)
16-13-385 Tampering with a utility meter
Second and subsequent offense
16-13-470(B)(1) Defrauding a drug or alcohol screening test (first
offense)
16-15-130 Indecent exposure
16-15-250 Communicating obscene messages (nontelephonic)
16-16-20(3)(i) (reclassified as Class C misdemeanor in 2002)
16-17-470(A) Eavesdropping or peeping
16-17-470(B)(1) Voyeurism (first offense)
16-17-490 Contributing to the delinquency of a minor
16-17-495(C) Returning a child under sixteen years of age within
three days of a violation of a custody order or
statute
16-17-505(3) Knowingly selling cigarettes in packages that violate
federal law
16-17-650(A)(2) Engaging in cock fighting, game fowl or illegal game
fowl testing, Second Offense
16-17-680(C)(3) Unlawful purchase of copper wire or pipe (third or
subsequent offense)
16-21-60(A) Use of vehicle without permission (intent to deprive)
16-23-465 Additional penalty for unlawfully carrying pistol or
firearm on premises of business selling alcoholic
liquors, beers, or wines for on premises consumption
16-23-470 Illegal possession of teargas or ammunition for
teargas
17-7-510 Burying body without notice or inquiry
22-9-140 Penalty for failing to execute process of magistrate's
court
23-1-20 Peace officers may not be employed on contingent basis
25-7-20 Obtaining or giving information respecting national or
state defense
29-1-30 Wilful sale of property on which lien exists
35-1-508(a)(3) Violation of Title 35, Chapter 1 when an investor
loses less than one thousand dollars, or if no
losses are proven
37-13-50 Regulation of subleasing and loan assumption of a
motor vehicle
38-7-140 Failure to pay money due or to supply information
required
38-13-140 Refusal to exhibit records, false statements
(Insurance)
38-38-720(2) Making a false statement or representation regarding a
fraternal benefit society if the amount of the
economic benefit received is $1,000 or more (first
offense)
38-43-190 Fraud regarding payment of insurance premium
38-55-80 Loans to directors or officers (Insurance)
38-55-150 Accepting premiums or assessments in insolvent company
(Insurance)
38-55-160 Insuring uninsurable persons with intent to defraud
38-55-173(B)(1) Vehicle glass repairer offering or making certain
payments of $1000 or more
38-55-540(2) False statement or misrepresentation by a person or
insurer or aiding, assisting, soliciting, or
conspiring with a person or insurer to make a false
statement or misrepresentation if the economic
advantage benefit received is $1,000 or more
38-59-50 Payment or settlement of benefits in merchandise or
service prohibited (Insurance)
39-15-750 Destruction of brand or removal or transfer of timber
39-15-1190(B)(1)(a)(ii) Transferring, distributing, selling, or otherwise
disposing of an item having a counterfeit mark on
it, with goods or services having a value of more
than $2000 but less than $10000; using any object,
tool, machine, or other device to produce or
reproduce a counterfeit mark
40-5-320 Practice of law by corporations and voluntary
associations unlawful
40-5-350 Soliciting legal business unlawful
40-5-360 Splitting fees with laymen unlawful
40-6-170(3) Violation of chapter concerning auctioneers--Third and
subsequent offenses
40-54-80 Violations of chapter concerning dealers in precious
metals--Third or subsequent offenses
43-5-40 Unlawful publication or other use of records
43-7-60 False claim, statement, or representation by a medical
provider
43-7-70 False statement of representation on an application
for public assistance
43-33-40 Unlawful interference with rights of blind or other
physically disabled person
43-35-85(G) Threatening, intimidating, or attempting to intimidate
a vulnerable adult subject to an investigation
43-35-85(H) Obstructing an investigation pursuant to the Omnibus
Adult Protection Act
44-31-360 Violation of article concerning tuberculosis prisoners
and inmates of institutions
44-37-30 Offenses related to neonatal testing
44-41-36(A) Performing an abortion on an unemancipated minor
44-41-350 Performing an abortion without satisfying "A Woman's
Right to Know" provision
44-53-370(b)(3) Prohibited Acts A, penalties (Schedule IV drugs except
for flunitrazepam)
First offense
44-53-370(d)(3) Possession of cocaine, first offense
44-53-398(H)(3) Purchasing a product containing ephedrine or
pseudoephedrine from any person other than a
manufacturer or registered wholesale distributor,
Second Offense
44-79-120 Violation of chapter concerning Physical Fitness
Services Act
45-9-90 Equal enjoyment and privileges to public
accommodations
46-17-460 Violation of chapter concerning agricultural
commodities marketing
46-19-270 Displaying sign showing Department of Agriculture
approval prior to approval
46-25-80 Violations of chapter concerning fertilizer law
46-41-30(1) Unlawful to engage in business as dealer without
license, penalties for violation (agricultural
products)--First offense
47-3-630 Torturing, mutilating, injuring, disabling, poisoning,
or killing a police dog or horse.
47-3-760(B)(1) Penalty for owner of dangerous animal which attacks
and injures a human--First offense
47-3-960 Injuring, disabling or killing guide dog
47-17-100(A) Violation of a Meat and Meat Food Regulations
Inspection Law
47-19-120(C)(1) Interference with person performing official duties
under chapter on poultry inspection
47-21-80(A) Penalty for violation of Farm Animal and Research
Facilities Protection Act
48-27-250 Violation of chapter concerning registration of
foresters
48-49-60(a) Violations of chapter concerning SC Mountain Ridge
Protection Act
50-1-85(4) Negligent use of firearms or archery tackle when death
results.
50-11-100(B) Construction of a fence which impedes the free range
of deer
50-13-350 Unlawful to fish or trespass in private artificial
ponds used to breed fish or oysters
50-13-1460 Use of explosives to take fish
50-13-1470 Failure to report use of explosives to take fish
50-21-112(B)(3) Operating a water device while under the influence of
alcohol (third offense)
50-21-117(B)(3) Operation of a water device while this privilege is
suspended for operation under the influence of
alcohol
54-1-40 Criminal liability for unskillful or negligent
management of steamboat
56-1-460(3) Driving while license canceled, suspended, or
revoked--Third and subsequent offenses
56-5-750(B)(1) Failure to stop for a law enforcement vehicle--First
offense (no death or injury occurs)
56-5-2930 Unlawful for persons to drive under influence of
liquor, drugs, or like substances (See Section
56-5-2940(3))--Third offense
57-7-20(C) Putting a foreign substance on a highway with malice
and personal injury results
58-17-4040 Gross carelessness or negligence in the operation of a
train
58-23-920 Insurance required of owners of motor vehicles
transporting goods for hire
Second and subsequent offenses
59-25-250(A) Revocation or suspension of certificate, powers and
duties of Court of Common Pleas, warrant for
production of witnesses
59-41-80 Violation of chapter concerning grants to private
school pupils
59-63-450 No child may be counted in enrollment more than once
59-102-150 Prohibited acts by athlete agents
61-4-170 Sale of a beverage containing alcohol which resembles
a vegetable, or fruit or soft drink
61-6-4180 Possession of a firearm while unlawfully
manufacturing, transporting, or selling alcoholic
liquors
(B) The following offenses are Class B misdemeanors and the maximum terms established for a Class B misdemeanor, as set forth in Section 16-1-20(A), apply:
12-21-2540 Use of altered or counterfeit tickets or reuse of
tickets
12-21-2714 Use of slug or any false coin to operate automatic
vending machine or other machine requiring coin for
operation
12-21-3070 Improper use, alteration or reuse of stamps and for
failure to pay tax, make any report on, or submit
required information
14-7-380 Jury commissioners guilty of fraud
16-3-410 Sending or accepting challenge to fight (with a deadly
weapon)
16-3-420 Carrying or delivering challenge, serving as second
16-5-130(2), (3) Instigating, aiding, or participating in riot
16-9-410(C)(2) Aiding escapes from prison, for prisoners charged with
noncapital offenses
16-9-420 Aiding escape from custody of officers
16-11-580(C)(1) Forest products violation (value more than $1,000 but
less than $5,000)
16-11-910 and 16-11-915 Transfer of recorded sounds for unauthorized use or
sale (See Section 16-11-920(C))
16-11-920(A)(2) Operation of an audiovisual recording device in a
motion picture theatre with intent to record, second
offense
16-11-930 Illegal distribution of recordings without name and
address of manufacturer and designation of featured
artist (See Section 16-11-940(B))
16-13-65 Selling aquaculture products or damaging facilities
valued at greater than $100 (third or subsequent
offense)
16-13-437 False statement or representation about income to a
public housing agency
16-16-20(3)(c) Computer crime--second degree--Second or subsequent
offense
16-16-20(4) Computer Crime Act--third degree--Second or subsequent
offense
16-17-10 Barratry
16-17-510 Enticing enrolled child from attendance in public or
private school
16-17-560 Assault or intimidation on account of political
opinions or exercise of civil rights
16-17-610 Soliciting emigrants without licenses
20-7-2660 Unlawful claim for payment for services (Subarticle 9,
Article 13, Chapter 7, Title 20, interstate compact
for adoption and medical assistance)
23-17-110 Purchases by sheriff or deputy at sheriff's sale
23-31-370 False statement to obtain special license
23-31-400(C) Use of a firearm while under the influence of alcohol
or a controlled substance
23-35-130 Manufacture, storage, transportation, or possession of
certain fireworks illegal
23-41-60 Violation of arson reporting immunity act
25-1-150 Unauthorized wearing of military insignia
25-1-2180 Assault upon military personnel
25-7-60 Conspiracy (treason or sabotage during war)
25-7-80 Concealing or harboring violator of chapter on
treason; sabotage
27-29-150 Violating provisions of Uniform Land Sales Practice
Act
30-15-50 Forgery of discharge (veterans)
31-17-520(2)(c) License for travel trailer dealer--Third and
subsequent offenses
32-1-290 Making or assisting in making contracts when actual
delivery not contemplated, or operating bucket shop
34-11-60 Drawing and uttering fraudulent check $5,000 or less,
first offense
34-39-130 Wilful violation of section, requiring license for
engaging in business of deferred presentment service
34-41-20 Wilful violation of section, requiring license for
engaging in business of either Level I or Level II
check-cashing service
37-17-10(C) Unlawful sale, marketing, advertising, or distribution
of a card or purchasing mechanism or device which is
not insurance that purports to offer discounts or
access to discounts from pharmacies (second or
subsequent offense)
38-2-20 Penalty for a person convicted of a misdemeanor
contained in Title 38
38-2-30 Acting without license required by Title 38 on
insurance
38-21-340 Criminal prosecutions (Insurance Holding Company
Regulatory Act)
38-43-160 Unlawfully representing an unlicensed insurer
38-43-240 Other offenses by insurance agent
38-45-150 Insurance Broker Chapter Violation
38-47-60 Adjuster acting for unauthorized company (See Section
38-2-20)
38-51-20 Acting as an administrator of an insurance benefit
plan without a license
38-55-60 Discrimination in the conduct of an insurance business
38-55-340 Connection of Undertakers with certain insurers
article violation
38-63-10 Circulation of false or misleading information by an
agent or officer of a life insurer
38-73-80 Withholding or giving false information to the
Insurance Commissioner regarding surety rates
38-77-1160 Motor Vehicle Theft and Motor Vehicle Insurance Fraud
Reporting--Immunity Act violation
39-23-80(B)(1) Prohibited acts (concerning adulterated, misbranded,
or new drugs and devices)--First offense
39-25-50(a) Penalties, effect of guaranty from supplier or
article, liability of advertising media--Second or
subsequent offense
39-33-1320 Violation concerning butterfat content and weight of
milk--Second and subsequent offenses
40-15-212 Unlawful practice or aiding or abetting in the
unlawful practice of dentistry, dental hygiene, or
dental technological work
40-29-180 Violation of chapter concerning manufactured housing
40-37-200(A) Practicing optometry unlawfully
40-43-86(EE) Possessing, dispensing, or distributing drugs, or
devices without a prescription from a licensed
practitioner
40-47-260 Unlawfully practicing medicine or osteopathy
40-59-200 Violation of residential builders licensing provisions
44-41-80(b) Performing or soliciting unlawful abortion, testimony
of woman may be compelled
44-53-40(B) Obtaining certain drugs, devices, preparations, or
compounds by fraud, deceit, or the like--First
offense
44-53-370(b)(4) Prohibited Acts A, penalties (possession of Schedule V
drugs)--Second and subsequent offenses
44-53-370(d)(1) Prohibited Acts A, penalties (possession of controlled
substances in Schedules I (b), (c), II, and
LSD)--First offense
44-53-395 Prohibited acts, penalties (prescription drugs)--First
offense
44-53-1680(A) Knowingly failing to submit prescription monitoring
information to the bureau of drug control
44-56-130 Unlawful acts (Hazardous Waste Management Act) (See
Section 44-56-140)--Second or subsequent offense
40-81-200 Athletic Commission licensing violation
40-81-480 Events involving combative sports or weapons violation
44-55-1360 Worker, sewage and waste water disposal violation
44-93-150(C) Infectious Waste Management Act violation (second
offense or subsequent offense)
44-96-100(B) Wilful violation of solid waste regulations, second or
subsequent offenses
44-96-450(B) Wilful violation of Solid Waste Act Second or
subsequent offenses
46-33-60 Penalty on out-of-state shippers
47-1-40(A) Cruelty to animals--Third or subsequent offense
47-1-50 Cruelty to animals in one's possession
48-1-90 Causing or permitting pollution of environment
prohibited (See Section 48-1-320)
48-1-320 Violation (Pollution Control Act)
48-1-340 False statement, representations or certifications,
falsifying, tampering with or rendering inaccurate
monitoring devices or methods
48-23-265(C)(1) Forest products violation first offense (value at
least $5,000)
48-27-230 Endorsement of documents by registrants, illegal
endorsements
48-43-550(f) Regulations as to removal of discharges of pollutants
49-1-20 Permitting logs and the like to obstruct or interfere
with navigation of rivers or harbors
50-1-85(3) Use of a firearm or archery tackle while hunting or
returning from hunting, in a criminally negligent
manner when bodily injury results
50-11-430 Illegal taking of bears and bear parts
50-11-2640(B) Bringing into State or importing live coyote or fox
without permit--Second offense
50-13-1440 Using explosives to take fish unlawful--Third offense
51-3-150 Trespass upon state park property
56-5-5030 Devices to emit smoke screen, noisome gases, or odors
prohibited
56-15-310(B)(3) Dealer wholesaler license violation (third or
subsequent offense)
56-16-140(B)(3) Failure to secure a license as a motorcycle dealer or
wholesaler
58-13-10 Opening or injuring package, parcel, or baggage by
employee of carrier unlawful
58-15-840 Taking or removing brasses, bearings, waste, or
packing from railroad cars
58-15-860 Injuring or destroying electric signals or other
structures or mechanisms
61-6-4010(B)(3) Unlawful manufacture, possession or sale of alcoholic
liquors--Third or subsequent offense
61-6-4025(c) Possession of unlawfully acquired or manufactured
alcoholic liquors in a vehicle, vessel, or
aircraft--Third or subsequent offense
61-6-4030(c) Transportation of alcoholic liquors in a taxi or other
vehicle for hire--Third or subsequent offense
61-6-4040(c) Rendering aid in unlawful transportation of alcoholic
liquors--Third or subsequent offense
61-6-4060(c) Unlawful storage of alcoholic liquor in a place of
business--Third or subsequent offense
61-6-4100(c) Manufacture, sale, or possession of unlawful
distillery--Third or subsequent offense
61-6-4110(c) Knowingly permitting or allowing a person to locate an
unlawful distillery on a premise--Third or
subsequent offense
61-6-4120(c) Unlawful manufacture, transport, or possession of
materials used in the manufacture of alcoholic
liquors--Third or subsequent offense
61-6-4130(c) Present at a place where alcoholic liquors are
unlawfully manufactured--Third or subsequent offense
61-6-4150(c) Unlawful sale of alcoholic liquor from a vehicle,
vessel, or aircraft--Third or subsequent offense
61-6-4160(c) Unlawful sale of alcoholic liquors on Sundays,
election days, and other day--Third or subsequent
offense
61-6-4170(B)(3) Advertisement of alcoholic liquors from
billboards--Third or subsequent offense
(C) The following offenses are Class C misdemeanors and the maximum terms established for a Class C misdemeanor, as set forth in Section 16-1-20(A), apply:
1-7-400 Circuit solicitors disabled by intoxicants
2-15-120 Confidentiality of records (Legislative Audit
Council) penalty for violations
2-17-130 Penalties for violations of lobbyist chapter
2-17-140 Penalties for filing groundless complaint
5-21-500 Diverting municipal funds allocated to bond payments
for other purposes
6-1-120(C) Disclosure of taxpayer information
7-25-20 Fraudulent registration or voting
7-25-100 Allowing ballot to be seen, removing ballot from
voting place, improper assistance
7-25-200 Unlawful to pay a candidate to file or withdraw from
candidacy
8-1-30 Knowingly allowing false claims by witnesses or
jurors of mileage traveled
8-1-80 Misconduct in office, habitual negligence, and the
like
8-9-10 Delivery by officer of books and papers to successor
(public officers/employees)
8-9-30 Delivery by officer of monies on hand to successor
8-13-320(9)(c) Penalty for wilful filing of groundless complaint
with Ethics Commission
8-13-320(10)(g) Penalty for wilful release of confidential
information relating to ethics investigation
8-13-540(1) Penalty for wilful filing of groundless complaint
with Senate or House Ethics Committee
8-13-1520 Penalty for violation of ethics chapter
9-1-40 Penalties for making false statement or record (South
Carolina Retirement System)
9-8-220 Penalty for false statements or falsification of
records (Judges' and Solicitors' Retirement System)
9-9-210 False statements and falsification of records
(General Assembly Retirement System)
9-11-320 False statements and falsification of records (Police
Officers' Retirement System)
10-9-260 Interfering with state, board or licensees, mining
without license
11-15-90 Failure to make payment or remit funds for payment of
obligations
11-15-290 Public officer failure to make investments in
accordance with article
11-48-30(C)(3) Sale or possession of cigarettes of a manufacturer
not included in the state directory
11-48-100 Knowingly violating tobacco regulations
12-21-2710 Unlawful possession or operation of gaming devices
12-21-2830 Record required of gross receipts, record subject to
inspection, violations
12-24-70(B) Submitting false information on an affidavit
accompanied by a deed
12-28-2345 Unlawful alteration of petroleum products shipping
information
12-54-44(B)(3) Wilful failure to pay estimated tax or keep required
records
12-54-44(B)(4) Wilful furnishing of false statement required for tax
purposes
12-54-44(B)(5) Wilfully providing employer with false information
which decreases tax withheld
12-54-44(B)(6)(c)(iii) Wilful delivery to tax department of fraudulent
document
12-54-240 Disclosure of records of and reports and returns
filed with the Department of Revenue by employees
and agents of the department and the State
Auditor's Office prohibited
13-7-80 Violation of provisions concerning nuclear energy
14-7-1720 Penalty for disclosing State Grand Jury information
14-17-580 Clerk is responsible for books, papers, and other
property
14-17-590 Failure to execute receipt for records by successor
to Clerk of Court
14-23-680 Judge responsible for books, papers, and property of
office
16-1-55 Accessory after the fact to a Class B Misdemeanor
16-3-530 Penalties, hazing
16-3-610 Assault with concealed weapon
16-3-612 Assault and battery against school personnel
16-3-1050(A) Failure to report abuse, neglect, or exploitation of
a vulnerable adult
16-3-1340 Victim's compensation fund, soliciting employment to
pursue claim or award
16-3-1710(B) Harassment in the second degree
16-3-1720(D) Harassment first degree with use of licensing or
registration information
16-5-50 Penalty for hindering officers or rescuing prisoners
16-7-110 Wearing masks and the like (See Section 16-7-140)
16-7-120 Placing burning or flaming cross in public place (See
Section 16-7-140)
16-7-150 Slander and libel
16-9-260 Corruption of jurors, arbitrators, umpires, or
referees
16-9-270 Acceptance of bribes by jurors, arbitrators, umpires,
or referees
16-9-320(A) Opposing or resisting law enforcement officer serving
process
16-9-370(a) Taking money or reward to compound or conceal offense
16-11-150(a) Burning lands of another without consent--First
offense
16-11-180 Negligently allowing fire to spread to lands or
property of another--Second or subsequent offense
16-11-700(E) Littering (exceeding 500 lbs. or 100 cu. ft. in
volume)
16-11-730 Malicious injury to or interference with microwave,
radio, or television facilities; unauthorized use
of such facilities
16-11-750 Unlawful injury or interference with electric lines
16-11-820 Theft of cable television service unlawful use
without payment (See Section 16-11-855)--Second and
subsequent offense
16-11-825 Theft of cable television, unauthorized connection or
use of device to cable television system (See
Section 16-11-855)--Second and subsequent offenses
16-11-830 Theft of cable television service, aid, abet, or
attempt (See Section 16-11-855)--Second and
subsequent offenses
16-11-835 Advertisement or sale of instrument designed to avoid
payment for cable services (See Section
16-11-855)--Second and subsequent offenses
16-11-840 Unauthorized device to decode or descramble cable
television signal (See Section 16-11-855)--Second
and subsequent offenses
16-11-845 Use, sale, or installation of a converter or similar
device for unauthorized reception of cable signals
(See Section 16-11-855)--Second and subsequent
offenses
16-11-910 Transfer of recorded sounds for unauthorized use or
sale (See Section 16-11-920(E))
16-11-915 Unauthorized sale of article containing live
performances (See Section 16-11-920(E))
16-11-920(A)(1) Operation of an audiovisual recording device in a
motion picture theatre with intent to record, first
offense
16-11-930 Illegal distribution of recordings without name and
address of manufacturer and designation of feature
artist (See Section 16-11-940(D))
16-13-15 Falsifying or altering transcript or diploma,
fraudulent use of falsified or altered transcript
or diploma penalty
16-13-65 Stealing aquaculture products or damaging aquaculture
facilities whose value is greater than $100 (first
offense)
16-13-300 Fraudulent removal or secreting of personal property
attached or levied on
16-13-400 Avoiding or attempting to avoid payment of
telecommunications
16-13-410(1) Making or possessing device, plans or instruction
which can be used to violate Section 16-3-400
16-14-60 Financial transaction card fraud
16-14-60(a) Financial transaction card fraud--value of things of
value does not exceed five hundred dollars in any
six-month period
16-14-60(a)(2)(d) Financial transaction card fraud--using financial
transaction card to exceed certain balances or
authorized lines of credit
16-14-60(b) Financial transaction card fraud by a person
authorized to furnish anything of value upon
presentation of a financial transaction card if the
value does not exceed five hundred dollars in a
six-month period
16-14-60(c) Financial transaction card fraud--filing of false
application to an issuer of a financial transaction
card
16-14-60(d) Financial transaction card fraud--filing of false
notice or report of theft
16-14-80 Criminally receiving goods and services fraudulently
obtained
16-15-50 Seduction under promise of marriage
16-15-60 Adultery or fornication
16-15-100 Prostitution; further acts (See Section
16-15-110(3))--Third or subsequent offenses
16-15-90 Prostitution (See Section 16-15-110(3))--Third or
subsequent offenses
16-15-325 Participation in preparation of obscene material
prohibited
16-16-20(3)(c) Computer crime--second degree--First offense
16-17-310 Imitation of organizations' names, emblems, and the
like
16-17-500(3) Providing tobacco products to a minor
16-17-520 Disturbance of religious worship
16-17-540 Bribery with respect to agents, servants, or
employees
16-17-650(A)(1) Engaging in cockfighting, game fowl or illegal game
fowl fighting testing, First Offense
16-17-680 Unlawful purchase or transportation of copper wire or
copper pipe
16-17-700 Tattooing
16-17-720 Impersonating law enforcement officer
16-17-735 Impersonation of state or local official or employee
or law enforcement officer or asserting authority
of state law in connection with a sham legal
process
16-19-10 Setting up lotteries
16-19-40 Unlawful games and betting
16-16-20(3)(c) Computer Crime Act--Second degree--First offense
16-21-60(B) Use of vehicle without permission (Temporary purpose
only)
16-21-70 Use of bicycle or other vehicle without permission,
but without intent to steal
16-23-20 Unlawful carrying of pistol (See Section
16-23-50(A)(2))
16-23-450 Placing loaded trap gun, spring gun, or like device
16-23-730 Manufacturing, possessing, transporting,
distributing, using, aiding, counseling, or
conspiring in the use of a hoax device or replica
of a destructive device or detonator that causes a
person to believe that the hoax device or replica
is a destructive device or detonator
16-25-20(C) Commission of Criminal Domestic Violence after prior
conviction within last ten years
16-27-40 Penalty (Animal Fighting or Baiting Act)--Second
offense
17-29-20 Installation of pen register or tap and trace device
17-30-50(B)(1) Interception of wire, electronic or oral
communications--First offense
20-3-210 Unlawful advertising for purpose of procuring divorce
(See Section 20-3-220)
20-7-90 Obligation to support spouse and children
20-7-650(J) Disseminating classified information relating to
child abuse or neglect
20-7-946(B) Unlawfully releasing information provided to a
licensing entity
20-7-1350 Violations by adults (Children's Code)
20-7-2290 Violations of subarticle concerning child welfare
agencies
20-7-2725(B) Certain convicts applying for employment or who is a
caregiver at certain daycare facility
20-7-3097(C) A person with a criminal record who applies to work
at the Department of Social Services' daycare
licensing or child protective services division
22-9-170 Oppression in office or other misconduct, punishment
23-3-470(B)(2) Failure of sex offender to register--Second offense
23-3-475(B)(2) Providing false information when registering as a sex
offender--Second offense
23-17-40 Liability of sheriff for official misconduct for
remaining in contempt after attachment
23-19-130 Penalties for failure to pay over monies (by sheriff)
23-31-215(M) Carrying a concealed weapon into a prohibited
environment
23-31-225 Carrying a concealable weapon into the dwelling place
of another without permission
23-35-140 Issuance of rules and regulations concerning
permissible fireworks--Third offense (See Section
23-35-150(3))
23-35-150(3) Violation concerning fireworks and explosives--Third
and subsequent offenses
23-37-50 Violations concerning safety glazing materials
23-39-40 Prohibited acts (Hazardous Waste Management
Act)--Second and subsequent offenses (See Section
23-39-50(a))
23-50-50(B) Divulging privileged communication, protected
information, or a protected identity
24-3-410 Sale of prison-made products on open market generally
prohibited
24-3-420 Violations of article governing prison industries
other than Section 24-3-410
24-5-90 Discrimination in treatment of prisoners unlawful
24-27-300 Frivolous complaints or appeals filed by a prisoner
25-1-440(c)(1) Fraudulent or wilful misstatement of fact in
application for financial federal disaster
assistance
25-1-1420 Unlawful purchase or receipt of military property
25-15-20 Improper use of Confederate Crosses of Honor
27-18-350(D) Refusal to deliver property under Uniform Unclaimed
Property Act
30-2-50 Use of personal information from a public body for
commercial solicitation
33-56-140 Illegal charitable organization of professional
solicitations
33-56-145(A) Defrauding a charity (first offense)
33-56-145(B) Giving false information with respect to registering
a charity (first offense)
34-1-120 Penalties for obstructing commissioner of banking
34-3-70 False statements concerning solvency of bank
34-3-90 Penalties (violation of Sections 34-1-60, 34-1-70,
34-3-310, 34-3-320, 34-5-10 to 34-5-80 and 34-5-100
to 34-5-150 regarding banks and banking generally)
34-11-30 Receipt of deposits or trusts after knowledge of
insolvency (banks and banking generally)
34-11-60 Drawing and uttering fraudulent check, draft, or
other written order or stopping payment on check,
draft, or order with intent to defraud (more than
$200)--First offense
34-19-110 Use of words "safe deposit" or "safety deposit"
34-25-90(b) Wilfully entering false statements in bank records by
an officer, director, agent, or employee of a bank
holding company or a subsidiary of it
34-28-390 Penalties and remedies (violations concerning savings
and loan acquisition and holding companies)
34-28-740 False statement affecting credit or standing of
savings association
34-36-70 Violation of a provision that regulates loan brokers
37-5-301 Wilful violations (Consumer Protection Code)
37-5-302 Disclosure violations (Consumer Protection Code)
37-5-303 Fraudulent use of cards (Consumer Protection Code)
37-11-120 Violation of a provision concerning the licensing and
regulation of Continuing Care Retirement
Communities
38-13-200 Penalty for refusing to be examined under oath
(Insurance)
38-27-80(d) Cooperation of officers, owners, and employees
(violation) (Insurance)
38-49-40 Violation of a provision that regulates Motor Vehicle
Physical Damage Appraisers
39-9-200 Misuse of commercial weights and measures
39-11-170 Violation of a provision that regulates weighmasters
(second or subsequent offense)
39-15-460 Unauthorized alteration, change, removal, or
obliteration of registered mark or brand (labels
and trademarks)
39-15-470 Purchase or receipt of containers marked or branded
from other than registered owner
39-15-480 Unauthorized possession of marked or branded
containers (trade and commerce)
39-15-490 Effect of refusal to deliver containers to lawful
owner (trade and commerce)
39-15-500 Taking or sending containers out of State without
consent of owner
39-15-1190 Intentional use of counterfeit mark or trafficking in
goods carrying the mark
39-15-1190(B)(1)(a)(i) Transferring, distributing, selling, or otherwise
disposing of an item having a counterfeit mark on
it, with goods or services having a value of $2000
or less; using any object, tool, machine, or other
device to produce or reproduce a counterfeit mark
39-17-340 Penalties (violation of article concerning grading of
watermelons)
39-19-60 Penalty for disposal of stored cotton without consent
of owner
39-22-90(A)(5)-(7) Prohibited acts. State Warehouse System (See Section
39-22-90(B))
39-41-570 Penalties (violation of article concerning deception
in sale of liquid fuels, lubricating oils and
greases)
39-43-40 License required of those engaged in handling
liquefied petroleum gases and appliances
39-43-70 Sales for resale must be made only to licensees
(liquefied petroleum gases) (See Section 39-43-170)
39-75-50 Selling, offering for sale, or delivering for
introduction into this State nonconforming
regrooved tires
40-1-200 Penalty for unlawful practice of a profession or
submitting false information to obtain a license to
practice a profession
40-2-200 Certified Public Accountants and Public Accountants
regulations violations
40-3-200 Engaging in practice of architecture in violation of
chapter or knowingly submitting false information
for purpose of obtaining license
40-6-200 Penalties (violation of chapter concerning
auctioneers)--Second offense
40-7-200 Practicing barbering unlawfully or submitting false
information to obtain barbering license
40-8-110(K) Failure to make required contribution to care and
maintenance trust fund or a merchandise account
fund
40-8-190 Submitting false information to procure cemetery
operator's license
40-10-200 Violation of First Protection Sprinkler Act
40-11-200 Illegal practice as licensed contractor
40-18-150 Penalties (violation of chapter concerning detective
and private security agencies)
40-23-200 Practice as environmental systems operator in
violation of Title 40, Chapter 23
40-31-20 Penalties (violation of chapter concerning
naturopathy)
40-35-200(C) Administering a nursing home, residential care
facility or habilitation center without a license
40-36-200 Knowingly submitting false information to obtain
license to practice as occupational therapist or as
occupational therapy assistant
40-38-200 Violation of chapter regulating Opticians
40-41-60 License required for erection of lightening rods
40-41-220 Encamping and trading in animals or commodities by
nomadic individuals without license unlawful
40-43-140 Unlawful use of titles, declarations, and
signs--unlawful dispensing, compounding, and sale
of drugs (pharmacists)
40-47-112 Attending to a patient while under the influence of
drugs or alcohol
40-47-200 Submitting false information for purpose of obtaining
a license to practice medicine
40-51-220 Penalties (violation of chapter on podiatry)
40-54-80 Violations of chapter concerning dealers in precious
metals Second offense
40-63-200 Practice as social worker in violation of Title 40,
Chapter 63
40-68-150(B) Staff Leasing Services violation
40-79-200(A) Penalty (violation of South Carolina Regulation of
Burglar Alarm System Businesses Act)
40-82-200 Failure to obtain a license to engage in liquified
petroleum gas activities
41-1-60 Certain transactions between carriers or shippers and
labor organizations prohibited, penalties
41-15-50 Light at entrance to elevator shafts required when
elevator is in operation
41-15-320(e) Penalties (wilfully violating safety or health rule
or regulation)--Subsequent offense
41-25-30 Private personnel placement services applications and
licensing (violations) (See Section 41-25-90)
41-25-40 Private personnel placement services; duties of
licensees (See Section 41-25-90)
41-25-50 Prohibited activities or conduct of personnel
agencies (See Section 41-25-90)
41-25-60 Advertisements in South Carolina of firms located
outside its jurisdiction (See Section 41-25-90)
41-25-70 Prohibited activities or conduct of employers or
person seeking employment (private personnel
agencies) (See Section 41-25-90)
41-25-80 Confidentiality of record and files (private
personnel agencies) (See Section 41-25-90)
42-9-360 Receiving fees, consideration, or gratuity for
services not approved by the commission or the
court
42-15-90 Receipt of fees, other consideration, or a gratuity
not approved by the Worker's Compensation
Commission
43-5-25 Wilful use of payment for purpose not in best
interest of child, protective payee
43-5-950 Violations of article concerning women, infants, and
children supplemental food program
43-35-85(A) Failure to report abuse, neglect, or exploitation of
a vulnerable adult
44-2-140 Underground Petroleum Response Bank Act violation
44-6-180(B) Medically Indigent Assistance Act confidentiality
violation
44-6-200 Falsification of information regarding eligibility
for Medically Indigent Assistance Program
44-17-860 Unlawful taking of person from mental health facility
without permission
44-22-100(C) Unlawful to disclose records of mental health patient
or former patient
44-22-220(C) Unlawful to wilfully deny a patient his rights
afforded him under chapter
44-23-240 Causing unwarranted confinement (mentally ill)
44-23-1150(D) Submitting inaccurate or untruthful information
concerning sexual misconduct
44-24-210 Unlawful without prior authorization to take child
from grounds of inpatient facility
44-26-210 Denial of rights to a mentally retarded client
44-32-120(F) Unlawful body piercing
44-34-100(F) Tattooing violation
44-41-31(C) False representation on an affidavit for abortion
44-43-580 Trafficking in dead bodies
44-53-37(A) Possession of less than one gram of methamphetamine
or cocaine base, first offense
44-53-50(E) Sale of cleaning agents containing phosphates
prohibited
44-53-370(b)(4) Prohibited Acts A, penalties (manufacture or
possession of Schedule V drugs with intent to
distribute)--First offense
44-53-370(d)(2) Prohibited Acts A, penalties (possession of other
controlled substances in Schedules I through
V)--Second and subsequent offense
44-53-370(d)(3) Prohibited Acts A, penalties (possession of 28 grams
(1 oz.) or less of marijuana or 10 grams or less of
hashish)--Second and subsequent offense
44-53-398(H)(3) Purchasing a product containing ephedrine or
pseudoephedrine from any person other than a
manufacturer or registered wholesale distributor,
First Offense
44-53-445 Purchase of controlled substance including crack
cocaine within proximity of school
44-53-590 Penalty for use of property in manner which makes it
subject to forfeiture (as provided in Sections
44-53-520 and 44-53-530)
44-53-1530(2)(b) Possession of anabolic steroids, ten or fewer doses
(second or subsequent offense)
44-53-1530(3)(a) Possession of anabolic steroids, 11 to 99 doses
(first offense)
44-55-80 Unlawful acts (violation of State Safe Water Drinking
Act) (See Section 44-55-90(a))
44-56-130 Unlawful acts (Hazardous Waste Management Act) (See
Section 44-56-140C.)--First offense
44-56-490(C) Wilfully violating a provision of the Drycleaning
Facility Restoration Trust Fund provisions
44-63-161(C) Willful violation of regulation or order relative to
recording, reporting, or filing information with
Bureau of Vital Statistics
44-93-150(C) Infectious Waste Management Act violation (first
offense)
44-96-100(B) Wilful violation of solid waste regulations, first
offense
44-96-450(B) Wilful violation of Solid Waste Act--First offense
45-9-85 Violation of confidentiality of Section 45-9-60
(Equal enjoyment and privileges to public
accommodations, complaints, hearings, etc.)
46-1-50 Firing turpentine farms
46-1-75 Maliciously damaging farm product, research facility
or equipment valued at less than $500
46-10-100 Penalties (violation of article concerning boll
weevil eradication)
46-23-80 Penalty (violation of South Carolina Noxious Weed
Act)
46-41-170(1) Penalty (violation of chapter concerning dealers and
handlers of agriculture products) Second or
subsequent offense
46-50-60 Violation of Southern Interstate Dairy Compact
47-9-10 Marking, branding, or disfiguring large animals of
another--Second or subsequent offense
47-9-30 Use of horse, mare, or mule without permission
47-9-410 Violations (article concerning livestock generally)
47-17-60 Prohibited acts (meat and meat food, Regulations and
Inspection Law) (See Section 47-17-100(a))
47-17-70 Slaughtering or processing except in compliance with
article prohibited (meat and meat food, Regulations
and Inspection Law) (See Section 47-17-100(a))
47-17-80 Records (meat and meat food, Regulations and
Inspection Law) (See Section 47-17-100(a))
47-21-80(B) Penalty for violation of Farm Animal and Research
Facilities Protection Act (violation of Section
47-21-60)
48-39-170(A) Penalties (violation of chapter concerning coastal
tidelands and wetlands)--Second or subsequent
offense
50-1-125(2), (3), and Trafficking in wildlife
(4)
50-1-136 Penalties for conspiracy (violation of provisions of
Title 50 relating to fish, game, and watercraft)
50-5-1535 Unlawful taking, possessing, buying, selling, or
shipping of short nose sturgeon
50-5-2305 Unlawful catching, taking, removing, or harvesting of
wild live rock for the purpose of sale or trade
(second offense)
50-5-2305(D) Unlawful catching of wild rock (second or subsequent
offense)
50-9-1200 Hunting or fishing while under suspension
50-11-95 Engaging in Computer Assisted Remote Hunting, First
Offense
50-11-710 Night hunting and illegal use of artificial lights
while hunting
50-11-720 Night hunting for deer or bear
50-11-852 Molesting or killing a bald eagle
50-11-1920 Violation of food service permit to sell exotic
farm-raised venison
50-11-2640(B) Bringing into State or importing live coyote or fox
without permit--First offense
50-13-1410 Unlawful to pollute waters so as to injure fish and
shellfish
50-13-1440 Using explosives to take fish unlawful--Second
offense
50-15-80(b) Penalties, violation of Sections 50-15-40(c) or
50-15-50(d), (e)
50-18-270(C) Placing or releasing species imported from another
state into waters of State--Second offense
50-18-285(C) Damaging or poisoning aquaculture products or
facilities--Second offense
50-21-112(B)(2) Operating a water device while under the influence of
alcohol or drugs (second offense)
50-21-130(A)(1) Failure of an operator of a vessel involved in a
collision resulting in property damage to stop and
render assistance
50-23-200 Forged or altered certificates or serial numbers,
false names and addresses; stolen property
(watercraft) (See Section 50-23-280(b))
52-5-10 Race horses must not be entered under assumed names
or out of proper class
52-5-40 Misrepresenting or concealing former performance of
race horse
54-7-810(C)(1) Violation of Underwater Antiquities Act
55-1-100 Unlawful to operate or act as a flight crew member of
aircraft while under the influence of alcohol or
drugs
55-8-140(c) Penalty (violation of Uniform Aircraft Financial
Responsibility Act)
56-1-25 Disclosure of Department of Motor Vehicles
confidential information
56-3-150 Illegal operation of foreign vehicle
56-5-278 Passing a stopped school bus when great bodily injury
results
56-5-1210(A)(1) Failure to stop a vehicle involved in an accident
when injury results but great bodily injury or
death does not occur
56-5-1220 Failure to comply with the duties of a driver
involved in an accident
56-5-2930 Unlawful for narcotic users or persons under
influence of liquor, drugs or like substances to
drive (See Section 56-5-2940(2))--Second offense
56-11-250 Failure of a motor carrier to apply for a
registration card and identification marker
56-17-10 Failure to purchase a license, keep records, supply
information when required by law
56-19-240 Application for certificate, form, and contents
(vehicle title)
56-19-480 Transfer and surrender of certificates, license
plates, registration cards, and manufacturers
serial plates of vehicles sold as salvage,
abandoned, scrapped, or destroyed--Second and
subsequent offenses
56-31-50(C) Rental company making a false report regarding
certain personal property taxes
56-31-50(D) Misrepresentation of the amount of personal property
taxes on a private passenger motor vehicle or
rental vehicle paid or the amount of surcharges
collected
57-25-145(C) Placing an outdoor sign advertising an adult or
sexually-oriented business within one mile of a
public highway
58-15-870 Injuring railroad or electric railway generally
58-15-1110 Violation by Railroads of Interstate Commerce Act
58-17-2760 Criminal penalty on individuals for violation of
transportation of freight
58-17-4030 Injury due to negligence or carelessness of general
railroad law
58-17-4050 Injury due to wilful violation of general railroad
law
58-23-920 Insurance required of owners of motor vehicles
transporting goods for hire--First offense
59-5-130 Members shall not contract with State Board of
Education
59-69-260 Officials shall not acquire interest in claims or
contracts (school funds)
59-102-30(A) Failure of student athlete to notify university of
contract with athletic agent
59-102-30(H) Postdating of agent's contract by student athlete
61-2-240 Interference with an officer or use of abusive
language by an officer or another person
61-4-1530 Operation of brewery or winery without permit
61-6-4010(B)(2) Unlawful manufacture, possession or sale of alcoholic
liquors--Second offense
61-6-4025(b) Possession of unlawfully acquired or manufactured
alcoholic liquors in a vehicle, vessel, or
aircraft--Second offense
61-6-4030(b) Transportation of alcoholic liquors in a taxi or
other vehicle for hire--Second offense
61-6-4040(b) Rendering aid in unlawful transportation of alcoholic
liquor--Second offense
61-6-4060(b) Unlawful storage of alcoholic liquor in a place of
business--Second offense
61-6-4100(b) Manufacture, sale, or possession of unlawful
distillery--Second offense
61-6-4110(b) Knowingly permitting or allowing a person to locate
an unlawful distillery on a premise--Second offense
61-6-4120(b) Unlawful manufacture, transport, or possession of
materials used in the manufacture of alcoholic
liquors--Second offense
61-6-4130(b) Present at a place where alcoholic liquors are
unlawfully manufactured--Second offense
61-6-4150(b) Unlawful sale of alcoholic liquor from a vehicle,
vessel, or aircraft--Second offense
61-6-4160(b) Unlawful sale of alcoholic liquors on Sundays,
election days, and other days--Second offense
61-6-4170(B)(2) Advertisement of alcoholic liquors from
billboard--Second offense
61-6-4200 Unlawful disposal, rescue, or attempted disposal or
rescue of alcoholic liquors
61-8-50 Violation of a restraining order against unlawful
sale, barter, exchange, storage, or possession of
alcoholic liquors
62-2-901 Destruction of or failure to deliver a will to a
Judge of Probate
SECTION 16-1-110. Classification of felonies or misdemeanors not listed in Section 16-1-90 or Section 16-1-100.
A felony or misdemeanor provided by statute or in common law which is not assigned a classification pursuant to Section 16-1-90 or 16-1-100 must be punished as provided before enactment of the classification system.
SECTION 16-1-120. Increased sentences for repeat offenders.
(1) When an individual, who was convicted of a Class A, B, or C felony offense or an exempt offense which provides for a maximum term of imprisonment of twenty years or more and sentenced to a period of time, has been released from prison, whether on parole or by completion of the sentence, is convicted of another felony offense, the individual shall have added to the sentence imposed for the subsequent conviction such additional time as provided below:
(A) if the subsequent offense was committed within forty-five days of his release, five years shall be added to the sentence mandated by the subsequent conviction.
(B) if the subsequent offense was committed within ninety days of his release, four years shall be added to the sentence mandated by the subsequent conviction.
(C) if the subsequent offense was committed within one hundred eighty days of his release, three years shall be added to the sentence mandated by the subsequent conviction.
(D) if the subsequent offense was committed within two hundred seventy days of his release, two years shall be added to the sentence mandated by the subsequent conviction.
(E) if the subsequent offense was committed within three hundred sixty days of his release, one year shall be added to the sentence mandated by the subsequent conviction.
(2) When subsection (1) requires an individual to have additional time added to the sentence mandated by a subsequent conviction, if the maximum sentence mandated for the subsequent conviction is less than the additional time mandated by subsection (1), the additional time which must be added to the sentence mandated by the subsequent conviction shall be equal to the maximum sentence provided for the conviction.
(3) No portion of the additional term provided for herein may be suspended and no such additional term may be reduced by any early release program, work credit, or similar program but must be served in full.
SECTION 16-1-130. Persons not eligible for diversion program.
(A) A person may not be considered for a diversion program, including, but not limited to, a drug court program or a mental health court, if the:
(1) person's current charge is for a violent offense as defined in Section 16-1-60 or a stalking offense pursuant to Article 17, Chapter 3, Title 16;
(2) person has a prior conviction for a violent crime as defined in Section 16-1-60, or a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16;
(3) person is subject to a restraining order pursuant to the provisions of Article 17, Chapter 3, Title 16 or a valid order of protection pursuant to the provisions of Chapter 4, Title 20;
(4) person is currently on parole or probation for any offense; or
(5) consent of the victim has not been obtained.
(B) The provisions of this section do not apply to a diversion program administered by the South Carolina Prosecution Coordination Commission or by a circuit solicitor.