 |
Coastal Law, LLC |
|
|
Coastal Law, LLC |
|
CHAPTER 1 - Title 16 - Crimes and OffensesFELONIES AND MISDEMEANORS; ACCESSORIESSouth
Carolina Code of Laws The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Laws on the Internet as a service to the public. While every effort was made to ensure the accuracy and completeness of the South Carolina Code available on the coastal-law.com website, the unannotated South Carolina Code is not official, and Coastal Law, LLC and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official version. For more information or if you have a specific question about South Carolina Law, please contact one of the attorneys at Coastal Law, LLC at attorney@coastal-law.com or call us at 843-488-5000. 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 20‑7‑2970 Childcare operator refusing inspection and violating fire and health safety requirements 20‑7‑3090 Violation of childcare facilities requirements 23‑36‑170(c), (d) Penalty (violation of South Carolina Explosives Control Act) 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)(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)(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 44‑53‑445 Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school 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
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 Entering bank, depository, or building and loan association with intent to steal 16‑11‑390 Safecracking 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)(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 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 16‑11‑370 Robbery of operators of vehicles for hire 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 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 where victim is legal spouse (separated) Second degree 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 16‑15‑395 Sexual exploitation 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(A)(1) Financial transactions involving property derived from unlawful drug activity 44‑53‑475(A)(3) Concealment of property derived from unlawful drug activity 44‑54‑475(A)(2) Transportation or attempt to transfer monetary instruments 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 Second and subsequent offense 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 & |
