South Carolina Code of Laws
(Unannotated)
Current through the end of the 2007 Regular Session
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Title 16 - Crimes and Offenses
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).
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.
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.
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
16-11-770(B)(3) Committing illegal graffiti vandalism, third or
subsequent offense
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
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
16-8-240(A) Committing or threatening acts of violence with the
intent to coerce, induce, or solicit another person
to participate in gang activity, first offense
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