Laws Lawyers Find Laws Legal Forms State Laws Bills

SOUTH CAROLINA STATUTES AND CODES

CHAPTER 1 - FELONIES AND MISDEMEANORS; ACCESSORIES

Listen
Title 16 - Crimes and OffensesCHAPTER 1. FELONIES AND MISDEMEANORS;ACCESSORIESSECTION 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 ignitingan incendiary device upon the capitol grounds or withinthe capitol building resulting in death of a personwhere there was malice aforethought 12"21"6000(B)Possessing marijuana or controlled substances withoutappropriate stamps 16"3"10Murder 16"3"30Killing by poison 16"3"40Killing 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 commonlaw offense of assault and battery of a high andaggravated nature) 16"3"655(C)(1) Engaging in Criminal Sexual Conduct with a minor in theFirst Degree 16"3"910 Kidnapping (if sentenced for murder) 16"3"1083(A)(2)(a) Violent crime that carries the death of, or bodily injuryto in utero child 16"7"10Acts considered unlawful in area designated by Governor inemergency--looting 16"7"10(A)(2)Looting during state of emergency 16"7"10Acts considered unlawful in area designated by Governor inemergency--looting 16"9"290 Accepting bribes for purposes of procuring public office 16"11"311(B) Burglary--First degree 16"11"370Robbery of operators of vehicles for hire 16"15"20 Incest 16"15"110(3) Prostitution--third or subsequent offense 16"17"735False assertion of authority of law, in attempt tointimidate or hinder state or local official indischarge of duties, by threats or use of sham legalprocess. 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 bymeans of detonation of a destructive device whichresults in death of a person where there was maliceaforethought 23"36"170(c), (d)Penalty (violation of South Carolina Explosives ControlAct) 23"3"650(C)Willful disclosure of certain information contained inState DNA Database to a person not entitled to receiveit 23"3"650(D)Willfully obtaining DNA information contained in State DNADatabase without authorizationThird, fourth, or subsequent offenses 24"13"430(1) Inciting prisoners to riot 25"1"2957Recklessly endangering the life of another 25"7"30Giving information respecting national or state defense toforeign contacts during war 38"25"330Violation of a provision contained in the provisionsrelating to the unauthorized transaction of insurancebusiness 38"41"20 Multiple employer self-insured health plan transactingbusiness without a license 39"15"1190(C)Knowing and willfully using an object or tool to produceor reproduce a counterfeit mark or possessing an objectwith 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 requiredby chapter 44"4"530(C)Failure of persons subject to quarantine to comply 44"4"530(D)Entry into isolation or quarantine are by unauthorizedperson 44"53"370(e)(1)(a)3Prohibited Acts A, penalties (trafficking in marijuana, 10pounds 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 2,000pounds) 44"53"370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 poundsor 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)3Prohibited Acts A, penalties (trafficking in cocaine, 10grams or more, but less than 28 grams)Third or subsequent offense 44"53"370(e)(2)(b)3Prohibited Acts A, penalties (trafficking in cocaine, 28grams or more, but less than 100 grams) 44"53"370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100grams or more, but less than 200 grams) 44"53"370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200grams or more, but less than 400 grams) 44"53"370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400grams or more) 44"53"370(e)(3)(a)2Prohibited Acts A, penalties (trafficking in illegaldrugs, 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 illegaldrugs, 14 grams or more, but less than 28 grams) 44"53"370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegaldrugs, 28 grams or more) 44"53"370(e)(4)(a)2Prohibited 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 ofmethaqualone) 44"53"370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone,15 kilograms or more) 44"53"370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000dosage units or more) 44"53"375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams ormore, but less than 28 gramsThird or subsequent offense 44"53"375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams ormore, but less than 100 gramsThird or subsequent offense 44"53"375(C)(3)Trafficking in ice, crank, or crack cocaine 100 grams ormore, but less than 200 grams 44"53"375(C)(4)Trafficking in ice, crank, or crack cocaine 200 grams ormore, but less than 400 grams 44"53"375(C)(5)Trafficking in ice, crank, or crack cocaine 400 grams ormore 46"9"90State Pest Commission violation, second offense 47"3"950 Wrongfully obtaining or exerting unauthorized control overa guide dog or service animal 47"19"120(a) Interference with person performing official duties underchapter 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 bodilyinjury results 56"5"2947Child endangerment 56"15"590Failure of a motor vehicle auction to keep requiredrecords or make them available for inspection 58"17"4090 Death that results from obstructing a railroad 63"11"90 Violations of provisions contained in Title 63, Chapter11, Article 1 63"13"170Violation of childcare facilities requirements 63"13"1080 Childcare operator refusing inspection and violating fireand health safety requirements 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"652Criminal sexual conduct First degree 16"3"655(C)(2)Criminal sexual conduct, 1st degree, with minor less than 16, 2nd offense 16"3"656Assault with intent to commit criminal sexual conduct First degree 16"3"658Criminal sexual conduct where victim is legal spouse (separated) First degree 16"3"910Kidnapping 16"3"920Conspiracy 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(A)Entering bank with intent to steal money, securities for money, or property, by force, intimidation, or threats 16"11"390 Safecracking 16"11"532(D)(2) Injuring real property when illegally obtaining nonferrous metals and the act results in the death of a person 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)(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)(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, second offense 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"4090Penalty 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 origniting an incendiary device upon the capitol groundor within the capitol building resulting in injury toa person 10"11"325(B)(4)Detonating an explosive or destructive device origniting an incendiary device upon the capitol groundsor within the capitol building resulting in damage toreal or personal property 16"11"110(B) Arson in the second degree 16"23"720(A)(3)Detonating a destructive device, or causing anexplosion, or aiding, counseling, or procuring anexplosion by means of detonation of a destructivedevice 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 bymeans of a destructive device which results in damageto real or personal property, or attempting to injurea person or damage or destroy real or property bymeans of a destructive device 44"53"370(e)(1)(a)(3)Trafficking in marijuana, 10 pounds or more (third orsubsequent offense) 44"53"370(e)(2)(b)1Prohibited Acts, penalties (trafficking in cocaine, 28grams or more, but less than 100 grams)First offense 44"53"370(e)(3)(a)1Prohibited Acts A, penalties (trafficking in illegaldrugs, 4 grams or more, but less than 14 grams) 44"53"370(e)(5)(b)1Prohibited Acts, penalties (trafficking in LSD, 500dosage units or more, but less than 1000 dosage units)First offense 44"53"370(e)(6)(a)(2)Prohibited Acts, penalties (trafficking influnitrazepam, 1 gram)Second or subsequent offense 44"53"370(e)(6)(c) Prohibited Acts, penalties (trafficking influnitrazepam, 1000 grams but less than 5 kilograms) 44"53"370(e)(7)(b) Trafficking in gamma hydroxybutyric acid (second orsubsequent offense) 44"53"370(e)(8)(b)(i)Trafficking in MDMA or ecstasy, 100 dosage units butless than 1000--First offense 44"53"370(e)(8)(c) Trafficking in MDMA or ecstasy, 1000 or more dosageunits 44"53"370(g)(2)(c) Prohibited Acts A, penalties (distribution of controlledsubstances with intent to commit a crime)Third or subsequent offense 44"53"375(C)(2)(a) Trafficking in ice, crank, crack cocaine 28 grams ormore, but less than 100 gramsFirst offense 50"21"113(A)(2)Operating or controlling a moving water device whileunder the influence of alcohol, drugs, or acombination of both when death results 50"21"130(A)(3)Failure of an operator of a vessel involved in acollision resulting in death to stop and renderassistance 56"5"750(C)(2) Failure to stop for a law enforcement vehicle (deathoccurs) 56"5"1210(A)(3)Failure to stop a vehicle involved in an accident whendeath occurs 56"5"2945(A)(2)Causing great bodily injury or death by operatingvehicle 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"220Lynching in the second degree 16"3"620Assault and battery with intent to kill 16"3"653Criminal 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"656Assault with intent to commit criminal sexual conduct Second degree 16"3"658Criminal sexual conduct in second degree where victim is legal spouse (separated) 16"3"810Engaging 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"11"380(B)Stealing money, securities for money, or property, by force, intimidation, or threats, from a person who has just used a bank night depository, an ATM, or another automated banking device 16"15"395 Sexual exploitation of a minor 16"15"415 Promoting prostitution 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 Transportation or attempt to transfer monetary instruments derived from unlawful drug activity 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 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"930Knowingly 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 16"11"525(D)(1) Injuring real property when illegally obtaining nonferrous metals and the act results in great bodily injury to person 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"210Furloughs 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(B)(1) Manufacture, distribution, etc., methamphetamine or cocaine First offense 44"53"445(B)(2) Distribution, manufacture, sale, or possession of crack cocaine within proximity of a school 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"50Bribery at electionsSecond offense 7"25"60Procuring or offering to procure votes by briberySecond or subsequent offense 7"25"80Threatening, 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 ofvalue to influence action of public employee,member, or official 9"16"350 Use of any information concerning State RetirementSystems Investment Panel activities by member oremployee to obtain economic interest 15"49"20(H)Falsifying affidavit in order to obtain employmentafter having been convicted of an offense requiringregistration as a sex offender 16"1"55Accessory after the fact of a Class D Felony 16"1"57Third or subsequent conviction of certain propertycrimes 16"3"615 Spousal sexual battery 16"3"625 Resisting arrest with deadly weapon 16"3"635(C)Assault and battery against an emergency medicalservice provider, firefighter, or home health careprovider 16"3"654 Criminal sexual conductThird degree 16"3"656 Assault with intent to commit criminal sexual conductThird degree 16"3"820 Promoting, producing, or directing a sexualperformance by a child under 18 16"3"1060No person may accept fee, compensation, etc. (forrelinquishing the custody of a child for adoption) 16"3"1730(B) Stalking while injunction or restraining orderprohibiting this conduct is in effect 16"7"160(2)Illegal use of stink bombs or other devices containingfoul or offensive odors--bodily harm results 16"8"20(B)(2)Teaching, demonstrating the use, application, ormaking of a firearm or destructive device (second orsubsequent offense) 16"8"250(B)Preventing or attempting to prevent a witness orvictim from attending or giving testimony at a trialthat concerns criminal gang activity 16"9"220 Acceptance of bribes by officers 16"9"320(B)Assaulting police officer serving process or whileresisting arrest 16"9"340 Intimidation of court officials, jurors, or witnesses 16"9"410(C)(1) Aiding escapes from prison, for prisoners serving termof incarceration 16"11"110(C) Arson--third degree 16"11"313Burglary--third degreeSecond 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 ormore) 16"11"523(C)(3)Injuring real property when illegally obtainingnonferrous metals where the value of the injury is$5,000 or more 16"11"535Malicious injury to place of worship 16"11"580(C)(1)Forest products violation (value more than $1,000 butless than $5,000) 16"11"580(C)(2)Forest products violation (value more than $5,000) 16"11"580(C)(2)Forest products violation (value at least $5,000) 16"11"740Malicious injury to telegraph, telephone, or electricutility 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, orother 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"170Entering house or vessel without breaking in withintent 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 $5,000or 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 ofofficer (value over $200) 16"13"420(B)(1)Failure to return rented objects, fraudulentappropriation (value $5,000 or more) 16"13"425(3) Unlawful failure to return rented video or cassettetape (value $5,000 or more) 16"13"430(C)(1)Fraudulent acquisition or use of food stamps (value$5,000 or more) 16"13"510Financial identity fraud 16"15"335Unlawful to hire, employ, use, or permit any personunder 18 to do anything violating obscenity statutes 16"15"342Criminal solicitation of a minor 16"15"345Unlawful to disseminate obscene material to any personunder 18 years of age 16"15"385Dissemination of obscene material to minors isunlawful 16"15"387Employing a person under eighteen to appear in publicin the state of sexually explicit nudity 16"15"405(D) Sexual exploitation of a minorSecond degree 16"15"410Sexual exploitation of a minorThird degree 16"17"470(C) Aggravated voyeurism 16"17"495(D) Transport of child by physical force or threat ofphysical force with intent to avoid custody order 16"17"550Bribery of athletes and athletic officials 16"17"600(A),(B) Destruction or desecration of human remains orrepositories--destroys, damages, or desecrates humanremains and vandalizes, desecrates, injuresgravestones or memorials 16"17"640Blackmail 16"21"80(3)Receiving, possessing, concealing, selling, ordisposing of stolen vehicle (value $5,000 or more) 16"23"220Unlawful transportation of machine gun or sawed-offshotgun or rifle 16"23"230Unlawful storing, keeping, or possessing machine gunor sawed-off shotgun or rifle 16"23"240Unlawful selling, renting, or giving away of machinegun or sawed-off shotgun or rifle 16"23"440(A) Discharging firearms at or into dwellings 16"23"440(B) Discharging firearms at or into a vehicle, aircraft,watercraft, or other device 16"23"530Possession of a gun by an illegal alien 16"23"750Communicating or aiding and abetting the communicationof a threat or conveying false informationconcerning an attempt to kill, injure, or intimidatea person or damage or destroy property by means ofan explosive, incendiary, or destructive device(first offense) 16"25"20(E)Cause, offer, or attempt to cause injury to a person'shousehold and violate the terms of an order ofprotection 16"25"65(B)Commission of criminal domestic violence of a high andaggravated nature 17"13"50 Right to be informed of grounds for arrest,consequences of refusal to answer or false answer 23"29"90 Penalties (violations of Subversive ActivitiesRegistration Act) 23"31"340Penalties (violation of article regulating use andpossession of machine guns, sawed-off shotguns, andrifles) 23"31"360Unregistered possession of machine guns by licensedmanufacturer 23"36"170(b) Violation of South Carolina Explosives Control ActSecond offense 24"3"910 Penalty for penitentiary employee's connivance atescape of prisoners 24"3"950 Contraband (possession by prisoner or furnishingprisoner with or attempt to furnish) 24"7"155 Furnishing or possessing contraband in county ormunicipal prisons prohibited 24"13"420Harboring or employing escaped convicts 24"13"430(2) Participating in riot by prisoners 24"13"440Carrying or concealing weapon by inmates 25"7"50False reports, insubordination, obstruction ofrecruiting during war 25"7"70Sabotage 34"3"10Use of word "bank" or "banking" by other than bankinginstitutions 34"11"60 Drawing and uttering fraudulent check, draft, or otherwritten order (more than $1,000, see Section34"11"90(b)) Third and subsequent offenses 34"13"90 Penalty for improper borrowing by directors orofficers 35"1"508(a)(1) Violation of Title 35, Chapter 1 when investor losestwenty thousand dollars or more 36"9"410(C)(3) Unlawful disposal of personal property that is subjectto a perfected security interest whose value is$5,000 or more 38"38"720(3) Making a false statement or representation regarding afraternal benefit society (second or subsequentoffense) 38"55"170(1) Presenting false claim for payment (insurancecompanies) (value $5,000 or more) 38"55"540(A)(4)Knowingly making false statement or misrepresentationresulting in economic advantage of fifty thousanddollars or more, first offense 38"55"540(A)(5)Knowingly making false statement or misrepresentationresulting in economic advantage of any amount,second offense 39"9"208(B)Uniform weights and measures law violation 39"15"1190(B)(1)(a)(iv)Transferring, distributing, selling, or otherwisedisposing of an item having a counterfeit mark onit, Second Offense 39"15"1190(B)(1)(b)(ii)Trafficking in counterfeit marks, Second or SubsequentOffense 39"22"90(A)(8) State warehouse system violation if the amount of theviolation is $5,000 or more 39"73"325Violation of regulation under State Commodity Code 40"83"30(J)Participating in the use of a false document inconnection with acts as an immigration assistant 44"23"1080(2)Furnishing Department of Mental Health patients orprisoners with firearms or dangerous weapons 44"23"1150(C)(1) First degree sexual misconduct 44"29"145Exposing others to Human Immuno Deficiency Virus 44"52"165(A)(3)Possession of firearms or dangerous weapons by patientreceiving inpatient services operated by Departmentof Mental Health 44"52"165(B)(1)Intentionally allowing patient receiving inpatientservices by Department of Mental Health to possessalcoholic beverages or controlled substances 44"52"165(B)(2)Intentionally allowing patient receiving inpatientservices by Department of Mental Health to possessfirearms or dangerous weapons 44"53"365Taking or exercising control over another person'scontrolled substance--Second offense 44"53"370(b)(2)Prohibited Acts A, penalties (manufacture orpossession of other substances in Schedule I, II,III, flunitrazepam, or a controlled substanceanalogue with intent to distribute)Second offense 44"53"370(d)(3)Possession of cocaine, third or subsequent offense 44"53"370(e)(1)(a)1Prohibited Acts A, penalties (trafficking inmarijuana, 10 pounds or more, but less than 100pounds) 44"53"370(e)(2)(a)1Prohibited Acts A, penalties (trafficking in cocaine,10 grams or more, but less than 28 grams) 44"53"370(e)(4)(a)1Prohibited Acts A, penalties (trafficking inmethaqualone, 15 grams or more, but less than 150grams) 44"53"370(e)(5)(a)1Prohibited Acts, penalties (trafficking in LSD, 100dosage units or more, but less than 500 dosageunits)First offense 44"53"370(e)(6)(a)(1)Prohibited acts, penalties (trafficking influnitrazepam, 1 gram but less than 100 grams)First offense 44"53"370(e)(7)(a) Trafficking in gamma hydroxybutyric acid (firstoffense) 44"53"370(e)(8)(a)(i)Trafficking in MDMA or ecstasy, 100 dosage units butless than 500--First offense 44"53"375(A) Possession of less than one gram of methamphetamine orcocaine base, third or subsequent offense 44"53"375(C)(1)(a) Trafficking in ice, crank, or crack cocaine 10 gramsor more, but less than 28 gramsFirst offense 44"53"376(B) Knowingly causing to be disposed any waste from theproduction of methamphetamine or knowinglyassisting, soliciting, or conspiring with another todispose of the waste, Second Offense 44"53"378Manufacturing and exposing a child to methamphetamines 44"53"398(H)(5)Possessing, manufacturing, delivering, distributing,dispensing, administering, purchasing, selling, orpossessing with intent to distribute any substancethat contains any amount of ephedrine orpseudoephedrine which has been altered from itsoriginal condition, Second Offense 44"53"440Distribution of controlled substance under Section44"53"370(a) and (b) to persons under 18 violation 44"53"445(B)(1)Distribution, manufacture, or sale of controlledsubstance within proximity of school (other thancrack cocaine) 44"53"1530(1)(b) Distribution of anabolic steroids (second orsubsequent 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 similarsubstances 44"53"1680(B)Knowingly disclosing information in violation of thePrescription Monitoring Program 44"53"1680(C)Using prescription monitoring information in a manneror for a purpose in violation of the PrescriptionMonitoring Program 45"2"40(B)(1)Inflicting $500 or more in damages to a lodgingestablishment while using or possessing a controlledsubstance, 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 ormore) 46"1"60(B)(1)Making away with produce before payment (value $5,000or more) 46"1"70(B)(1)Factors or commission merchants failing to account forproduce (value $5,000 or more) 47"19"120(C)(2)Interference with person performing official dutiesunder chapter on poultry inspection--use of deadlyweapon 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"115Reckless homicide by operation of a boat (reclassifiedfrom Class F felony in 2002) 50"21"130(A)(2)Failure of an operator of a vessel involved in acollision resulting in great bodily injury to stopand render assistance 55"1"30(2) Unlawful removing or damaging of airport facility orequipment when injury results 55"1"40Unlawful entry of aircraft, damaging, or removingequipment 56"5"750(C)(1) Failure to stop for a law enforcement vehicle (greatbodily harm occurs) 56"5"1030(B)(2)Interference with traffic-control devices or railroadsign or signals prohibited--injury results 56"5"1210(A)(2)Failure to stop a vehicle involved in an accident whengreat bodily injury results 56"5"2910Reckless homicide 56"5"4975(C) Operation of unlicensed ambulance without removingexterior markings, sirens, etc., with intent tocommit terrorist act 56"29"30(A)Unlawful to own, operate, or conduct a chop shop or totransport or sell a motor vehicle to a chop shop 58"15"850Breaking and entering or shooting into cars 63"5"70Unlawful neglect of child or helpless person by legalcustodian 63"5"70(a) Causing harm to a child 63"13"200Committing certain crimes near a childcare facility 63"19"1670 Furnishing contraband to a juvenile in the custody ofthe Department of Juvenile Justice (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"50Bribery at electionsFirst offense 7"25"60Procuring or offering to procure votes by briberyFirst offense 7"25"190 Illegal conduct at elections generally 8"13"725(B)Public official disclosing confidentialinformation 8"14"60Intentional use of a false document in connectionwith public employment 8"29"10(F) Intentional use of a false document or aiding inthe use of a false document to obtain a publicbenefit 11"48"90(A)Sale or possession of counterfeit cigarettes 12"21"2716 Unlawful manufacture or sale of slugs to be usedin coin-operated devices 12"21"4150 Posing as a bingo player with the intent todefraud bingo customers 12"21"6040(A)Revealing facts contained in report underMarijuana 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 accountfor and pay over tax money 12"54"44(B)(6)(a)(i) Wilfully subscribing to false or fraudulent taxreturn 12"54"44(B)(6)(a)(ii)Wilfully assisting in false or fraudulent taxreturn 12"54"44(B)(6)(b)Violation of prohibition against preparing returnsby person convicted of preparing false return 16"1"55Accessory after the fact of a Class E felony 16"3"60Involuntary manslaughter 16"3"95(B) Inflicting great bodily injury on a child by aperson responsible for the child's welfare 16"3"630 Assault of a correctional facility employee 16"3"1040(A) Threatening life, person or family of publicofficial 16"3"1720(C) Stalking (with prior conviction) 16"3"1730(A) Stalking 16"5"10Conspiracy against civil rights 16"5"130(1)Penalties for instigating, aiding or participatingin riot--resists enforcement of statute of stateor United States, obstruct public officer,Carries weapon, etc. 16"8"20(B)(1)Demonstrating the use of a bomb (first offense) 16"8"240(A)Committing or threatening acts of violence withthe intent to coerce, induce, or solicit anotherperson to participate in gang activity, secondoffense 16"9"10(B)(1)Perjury and subordination of perjury 16"9"30False swearing before persons authorized toadminister 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, orreferees 16"9"270 Acceptance of bribes by jurors, arbitrators,umpires, or referees 16"9"460 Movement and harboring intended to further illegalentry or detection 16"11"20 Making, mending or possessing tools or otherimplements capable of being used in crime 16"11"125Making false claim or statement in support ofclaim to obtain insurance benefits for fire orexplosion loss 16"11"130Burning personal property to defraud insurer 16"11&quo
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • 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

    23"36"170(c), (d) Penalty (violation of South Carolina Explosives Control

    Act)

    23"3"650(C) Willful disclosure of certain information contained in

    State DNA Database to a person not entitled to receive

    it

    23"3"650(D) Willfully obtaining DNA information contained in State DNA

    Database without authorization

    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)(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

    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

    63"11"90 Violations of provisions contained in Title 63, Chapter

    11, Article 1

    63"13"170 Violation of childcare facilities requirements

    63"13"1080 Childcare operator refusing inspection and violating fire

    and health safety requirements

    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(A) Entering bank with intent to steal money,

    securities for money, or property, by force,

    intimidation, or threats

    16"11"390 Safecracking

    16"11"532(D)(2) Injuring real property when illegally obtaining

    nonferrous metals and the act results in the

    death of a person

    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)(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)(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, second offense

    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"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(A)(2) 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 in second degree where victim

    is legal spouse (separated)

    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"11"380(B) Stealing money, securities for money, or property, by

    force, intimidation, or threats, from a person who

    has just used a bank night depository, an ATM, or

    another automated banking device

    16"15"395 Sexual exploitation of a minor

    16"15"415 Promoting prostitution 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 Transportation or attempt to transfer monetary

    instruments derived from unlawful drug activity

    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

    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

    16"11"525(D)(1) Injuring real property when illegally obtaining

    nonferrous metals and the act results in great

    bodily injury to person

    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(B)(1) Manufacture, distribution, etc., methamphetamine or

    cocaine

    First offense

    44"53"445(B)(2) Distribution, manufacture, sale, or possession of

    crack cocaine within proximity of a school

    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"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"8"250(B) Preventing or attempting to prevent a witness or

    victim from attending or giving testimony at a trial

    that concerns criminal gang activity

    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"523(C)(3) Injuring real property when illegally obtaining

    nonferrous metals where the value of the injury is

    $5,000 or more

    16"11"535 Malicious injury to place of worship

    16"11"580(C)(1) Forest products violation (value more than $1,000 but

    less than $5,000)

    16"11"580(C)(2) Forest products violation (value more than $5,000)

    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 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"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(A) Discharging firearms at or into dwellings

    16"23"440(B) Discharging firearms at or into a vehicle, aircraft,

    watercraft, or other device

    16"23"530 Possession of a gun by an illegal alien

    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

    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)

    38"55"540(A)(4) Knowingly making false statement or misrepresentation

    resulting in economic advantage of fifty thousand

    dollars or more, first offense

    38"55"540(A)(5) Knowingly making false statement or misrepresentation

    resulting in economic advantage of any amount,

    second offense

    39"9"208(B) 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

    40"83"30(J) Participating in the use of a false document in

    connection with acts as an immigration assistant

    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"378 Manufacturing and exposing a child to methamphetamines

    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(B)(1) 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"5"4975(C) Operation of unlicensed ambulance without removing

    exterior markings, sirens, etc., with intent to

    commit terrorist act

    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

    63"5"70 Unlawful neglect of child or helpless person by legal

    custodian

    63"5"70(a) Causing harm to a child

    63"13"200 Committing certain crimes near a childcare facility

    63"19"1670 Furnishing contraband to a juvenile in the custody of

    the Department of Juvenile Justice

    (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

    8"14"60 Intentional use of a false document in connection

    with public employment

    8"29"10(F) Intentional use of a false document or aiding in

    the use of a false document to obtain a public

    benefit

    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) 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

    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(A) Threatening life, person or family of public

    official

    16"3"1720(C) Stalking (with prior conviction)

    16"3"1730(A) 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"8"240(A) Committing or threatening acts of violence with

    the intent to coerce, induce, or solicit another

    person to participate in gang activity, second

    offense

    16"9"10(B)(1) 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"9"460 Movement and harboring intended to further illegal

    entry or detection

    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&quo

    South Carolina Forms by Issue

    South Carolina Court Forms
    >
    >
    >
    >
    >

    South Carolina Law

    South Carolina State Law
        > South Carolina Child Support
        > South Carolina Gun Laws
        > South Carolina Statute
    South Carolina Tax
        > South Carolina State Tax
    South Carolina Labor Laws
        > South Carolina Unemployment
    South Carolina Agencies
        > South Carolina Department of Corrections
        > South Carolina Department of Education
        > South Carolina Department of Revenue
        > South Carolina DMV
        > South Carolina Secretary of State

    South Carolina Court Map

    Tips