S 0579 General Bill, By Wilson

Similar(H 3780)
 A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST,
 SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND
 SECOND DEGREES.

   03/26/97  Senate Introduced and read first time SJ-10
   03/26/97  Senate Referred to Committee on Judiciary SJ-10

TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-11-110 of the 1976 Code, as last amended by Act 356 of 1996, is further amended to read:

"Section 16-11-110. (A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures:

(1) the burning of a building or structure which results in the destruction or damage to the building, or

(2) the burning of a building or structure, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of arson in the first degree and, upon conviction, must be imprisoned not less than five ten nor more than twenty-five thirty years.

(B) Any A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning of a dwelling house or any kitchen, shop, barn, stable, or other outhouse that is parcel to or belonging to or adjoining to it, whether the property belongs to him or another person, church or place of worship, an organized school building, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy is guilty of arson in the second degree and, upon conviction, must be imprisoned not less than two five nor more than twenty twenty-five years.

(C) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of a building other than those specified in subsections (A) or and (B) with intent to destroy or damage the building by explosion or fire, whether his own or another's, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years.

(D) A building or structure, as used in subsections subsection (A) or (C), includes a building of worship such as a church, mosque, masjid, or synagogue."

SECTION 2. This act takes effect upon approval by the Governor.