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
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
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