Current Status Bill Number:5032 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980414 Primary Sponsor:Jennings All Sponsors:Jennings, Altman and Maddox Drafted Document Number:ggs\22076cm.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal solicitation, robbery; criminal offenses established, penalties; Crimes and Offenses
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980414 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1095, SO AS TO ESTABLISH THE CRIME OF CRIMINAL SOLICITATION, TO PROVIDE A PENALTY, TO ABOLISH THE COMMON LAW CRIME OF CRIMINAL SOLICITATION, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-11-325, RELATING TO THE CLASSIFICATION OF THE COMMON LAW OFFENSE OF ROBBERY AS A FELONY, SO AS TO DEFINE ROBBERY AND ABOLISH ROBBERY AS A COMMON LAW OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding
"Section 16-3-1095. (A) A person is guilty of criminal solicitation when, with intent that another person commits a felony, he solicits, request, urges, commands, induces, hires, or otherwise attempts to cause another person to commit a felony.
(B) A person convicted of criminal solicitation of an offense classified:
(1) under Section 16-1-90(A), (B), (C), (D), (E), or (F) must be sentenced to the term of imprisonment contained in two crime classifications below the class of the offense he solicited;
(2) as exempt under Section 16-1-10(D) must be imprisoned the lesser of ten years, or the period for the offense that was solicited.
(C) 'The person solicited could not be guilty of the crime' is not a defense to a prosecution of criminal solicitation."
SECTION 2. Section 16-11-325 of the 1976 Code, as added by Act 184 of 1993, is amended to read:
"Section 16-11-325. The common law offense of robbery is a felony. Upon conviction, a person must be imprisoned not more than fifteen years.(A) Robbery is larceny from a person, or in the immediate presence of another person, by force, violence, the threat of force or violence, or intimidation.
(B) A person convicted of robbery must be imprisoned not more than fifteen years, regardless of the value of the property.
(C) The common law offense of robbery is abolished."
SECTION 3. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor.