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TO AMEND SECTION 16-11-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CUTTING, REMOVING, OR TRANSPORTING TIMBER, LOGS, OR LUMBER WITHOUT PERMISSION, SO AS TO INCLUDE THE FRAUDULENT TAKING OF FOREST PRODUCTS AND PINE STRAW, AND PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-580 of the 1976 Code is amended to read:
"Section 16-11-580. It shall be unlawful for anyone to knowingly or wilfully cut, destroy or remove any trees or timber of any kind standing or growing on any lands of this State, whether privately or publicly owned, or to remove any logs or trees cut from any such lands without the consent of the owner. It shall also be unlawful for anyone who is the owner, master, pilot, operator or consignee of any vessel, vehicle, motor vehicle, aircraft or the owner, director or agent of any railroad to transport any timber or logs or the lumber manufactured therefrom knowing them to have been cut or removed from such property. Anyone violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than two thousand dollars or imprisoned not more than two years, or both; provided, that if the value of such trees, logs or lumber is fifty dollars or less, the penalty shall not exceed a fine of one hundred dollars or imprisonment for thirty days, or both.
(A) It is unlawful for a person:
(1) to knowingly or wilfully cut, destroy, remove, aid, hire, or counsel any person to cut, destroy, or remove any timber, trees, logs, lumber, pine straw, or other forest products, whether merchantable or nonmerchantable, of any kind on lands of this State, whether publicly or privately owned without the consent of the landowner;
(2) to obtain, acquire under false pretenses, or with fraudulent intent any timber, trees, logs, pine straw, or other forest products, whether merchantable or nonmerchantable, on any lands in this State, whether publicly or privately owned;
(3) who is the owner, master, pilot, operator, or consignee of a vessel, vehicle, aircraft, or other conveyance to transport timber, trees, logs, pine straw, or other forest products, whether merchantable or nonmerchantable, knowing them to have been cut, removed, or obtained from property in violation of the provisions of this section.
(B) A person who violates the provisions of this section is guilty of:
(1) a misdemeanor triable in magistrate's court if the value of the products is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment to or indictment by the grand jury;
(2) a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the products is more than one thousand dollars but less than five thousand dollars;
(3) a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the value of the products is five thousand dollars or more."
SECTION 2. This act takes effect upon approval by the Governor.
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