Code 1976 § 16-1-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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

16-1-40

Accessory before the fact

16-3-10

Murder

16-3-85(C)(1)

Causing the death of a child by abuse or neglect

16-3-210(B)

Assault and battery by mob in the first degree

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

16-3-1280

False claim

16-3-2020(E)

Trafficking in persons - 3rd or subsequent offense

16-7-10

Acts considered unlawful in area designated by Governor in emergency--looting

16-7-10(A)(2)

Looting during state of emergency

16-9-290

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

16-11-580(C)(1)

Forest products violation (value more than $1,000 but less than $5,000) 1st offense

16-11-580(D)(1)

Forest products violation (value at least $5,000) - 1st offense

16-13-80

Larceny of a bicycle valued more than $2,000

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

23-3-470(B) (1)

Failure of sex offender to register--First offense

23-3-470(B) (2)

Failure of sex offender to register--Second offense

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(A)

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

44-53-420

Attempting or conspiring to commit an offense made unlawful by Title 44, Chapter 53, Article 3

46-9-90

State Pest Commission violation, second offense

46-21-655

Seed certification violations

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

56-5-5670(H)(1)

Unlawful disposal of a vehicle - 2nd or subsequent offense

56-5-5670(H)(2)

Falsifying information on an application, form, or affidavit required for the disposal of a vehicle

56-5-5945(H)(1)

Unlawful disposal of a vehicle - 2nd or subsequent offense

56-5-5945(H)(2)

Falsifying information on an application, form, or affidavit required for the disposal of a vehicle

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

CREDIT(S)


HISTORY: 1962 Code § 16-11; 1960 (51) 1602, 1917; 1969 (56) 730; 1972 (57) 2597; 1980 Act No. 511, § 2; 1981 Act No. 33, § 3; 1983 Act No. 114, § 5; 1983 Act No. 133, § 2; 1984 Act No. 474, § 2; 1984 Act No. 477, § 2; 1985 Act No. 159, §§ 1, 2, 4; 1985 Act No. 201, Part II, § 32B; 1986 Act No. 491, § 7; 1987 Act No. 16 § 8; 1987 Act No. 128 § 5; 1987 Act No. 168 § 6; 1988 Act No. 311, § 2; 1988 Act No. 457, § 2; 1988 Act No. 490, § 16; 1989 Act No. 42, § 2; 1989 Act No. 74, § 2; 1989 Act No. 88, § 2; 1989 Act No. 115, § 2; 1989 Act No. 148, § 26; 1989 Act No. 189, Part II, § 43 sub 38; 1990 Act No. 389, § 2; 1990 Act No. 456, § 3; 1990 Act No. 604, § 14; 1991 Act No. 73, § 3; 1991 Act No. 138, § 2; 1991 Act No. 248, § 4; 1992 Act No. 327, § 2; 1992 Act No. 374, § 2; 1992 Act No. 412, § 2; 1993 Act No. 184, § 1; 1993 Act No. 164, Part II, § 19B; 1993 Act No. 164, Part II, § 70B.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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.


CREDIT(S)


HISTORY: 1962 Code § 16-12; 1960 (51) 1602; 1993 Act No. 184, § 2; 1995 Act No. 7, Part I § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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).


CREDIT(S)


HISTORY: 1962 Code § 16-13; 1960 (51) 1602; 1993 Act No. 184, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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.


CREDIT(S)


HISTORY: 1962 Code § 16-1; 1952 Code § 16-1; 1942 Code § 1936; 1932 Code § 1936; Cr. C. '22 § 919; Cr. C. '12 § 919; Cr. C. '02 § 634; G. S. 2610; R. S. 521; 1714 (2) 48; 1993 Act No. 184, § 4.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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.


CREDIT(S)


HISTORY: 1962 Code § 16-2; 1952 Code § 16-2; 1942 Code § 1937; 1932 Code § 1937; Cr. C. '22 § 920; Cr. C. '12 § 920; Cr. C. '02 § 635; G. S. 2611; R. S. 522; 1712 (2) 484; 1993 Act No. 184, § 5.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-55


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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.


CREDIT(S)


HISTORY: 1993 Act No. 184, § 6.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-57


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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.


CREDIT(S)


HISTORY: 1993 Act No. 184, § 7; 1995 Act No. 7, Part I § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-60


Effective: June 18, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, second, and third 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); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-930); 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)); taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-11-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.


CREDIT(S)


HISTORY: 1986 Act No. 462, § 33; 1995 Act No. 7, Part I § 3; 1995 Act No. 83, § 9; 1997 Act No. 113, § 3; 1997 Act No. 136, § 2; 1998 Act No. 402, § 2; 2000 Act No. 261, § 3; 2002 Act No. 176, § 3, eff March 5, 2002; 2003 Act No. 92, § 2, eff January 1, 2004; 2005 Act No. 127, § 1, eff June 7, 2005; 2006 Act No. 379, § 2, eff June 9, 2006; 2010 Act No. 273, § 26, eff June 2, 2010; 2010 Act No. 289, § 1, eff June 11, 2010; 2012 Act No. 255, § 2, eff June 18, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-70


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 16-1-70. Nonviolent crimes.


For purposes of definition under South Carolina law a nonviolent crime is all offenses not specifically enumerated in § 16-1-60.


CREDIT(S)


HISTORY: 1986 Act No. 462, § 34.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-80


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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.


CREDIT(S)


HISTORY: 1993 Act No. 184, § 9.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-90


Effective: June 11, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 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, not more than thirty years, as set forth in Section 16-1-20(A), apply:


 

 

 

 

 

 

 

 

 

 

 

 

 

 

(B) The following offenses are Class B felonies and the maximum terms established for a Class B felony, not more than twenty-five years, as set forth in Section 16-1-20(A), apply:


 

 

 

 

 

(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, not more than twenty years, as set forth in Section 16-1-20(A), apply:


 

 

 

 

 

 

(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, not more than fifteen years, as set forth in Section 16-1-20(A), apply:


 

 

 

(E) The following offenses are Class E felonies and the maximum terms established for a Class E felony, not more than ten years, as set forth in Section 16-1-20(A), apply:


 

 

employees)

 

 

 

 

 

 

 

 

 

 

(F) The following offenses are Class F felonies and the maximum terms established for a Class F felony, not more than five years, as set forth in Section 16-1-20(A), apply:


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CREDIT(S)


HISTORY: 1993 Act No. 184, § 9; 1993 Act No. 163, § 2; 1993 Act No. 164, Part II, § 19B; 1993 Act No. 164, Part II, § 70B; 1997 Act No. 136, § 3; 1998 Act No. 372, § 3; 1999 Act No. 56, §§ 2 to 4; 2010 Act No. 289, §§ 2, 3, eff June 11, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-100


Effective: September 25, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 16-1-100. Crimes classified as misdemeanors.


(A) The following offenses are Class A misdemeanors and the maximum terms established for a Class A misdemeanor, not more than three years, as set forth in Section 16-1-20(A), apply:


 

 

 

(B) The following offenses are Class B misdemeanors and the maximum terms established for a Class B misdemeanor, not more than two years, as set forth in Section 16-1-20(A), apply:


(C) The following offenses are Class C misdemeanors and the maximum terms established for a Class C misdemeanor, not more than one year, as set forth in Section 16-1-20(A), apply:


employees)

CREDIT(S)


HISTORY: 1993 Act No. 184, § 9; 1993 Act No. 164, Part II, § 19B; 1997 Act No. 80, § 8.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-110


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 16-1-110. Classification of felonies or misdemeanors not listed in § 16-1-90 or § 16-1-100.


A felony or misdemeanor provided by statute or in common law which is not assigned a classification pursuant to Section 16-1-90 or 16-1-100 must be punished as provided before enactment of the classification system.


CREDIT(S)


HISTORY: 1993 Act No. 184, § 9.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-120


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 16-1-120. Increased sentences for repeat offenders.


(1) When an individual, who was convicted of a Class A, B, or C felony offense or an exempt offense which provides for a maximum term of imprisonment of twenty years or more and sentenced to a period of time, has been released from prison, whether on parole or by completion of the sentence, is convicted of another felony offense, the individual shall have added to the sentence imposed for the subsequent conviction such additional time as provided below:


(A) if the subsequent offense was committed within forty-five days of his release, five years shall be added to the sentence mandated by the subsequent conviction.


(B) if the subsequent offense was committed within ninety days of his release, four years shall be added to the sentence mandated by the subsequent conviction.


(C) if the subsequent offense was committed within one hundred eighty days of his release, three years shall be added to the sentence mandated by the subsequent conviction.


(D) if the subsequent offense was committed within two hundred seventy days of his release, two years shall be added to the sentence mandated by the subsequent conviction.


(E) if the subsequent offense was committed within three hundred sixty days of his release, one year shall be added to the sentence mandated by the subsequent conviction.


(2) When subsection (1) requires an individual to have additional time added to the sentence mandated by a subsequent conviction, if the maximum sentence mandated for the subsequent conviction is less than the additional time mandated by subsection (1), the additional time which must be added to the sentence mandated by the subsequent conviction shall be equal to the maximum sentence provided for the conviction.


(3) No portion of the additional term provided for herein may be suspended and no such additional term may be reduced by any early release program, work credit, or similar program but must be served in full.


CREDIT(S)


HISTORY: 1995 Act No. 7, Part I § 35.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-1-130


Effective: January 1, 2011


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 1. Felonies and Misdemeanors; Accessories

§ 16-1-130. Persons not eligible for diversion program.


(A) A person may not be considered for a diversion program, including, but not limited to, a drug court program or a mental health court, if the:


(1) person's current charge is for a violent offense as defined in Section 16-1-60 or a stalking offense pursuant to Article 17, Chapter 3, Title 16;


(2) person has a prior conviction for a violent crime, as defined in Section 16-1-60, or a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16;


(3) person is subject to a restraining order pursuant to the provisions of Article 17, Chapter 3, Title 16 or a valid order of protection pursuant to the provisions of Chapter 4, Title 20;


(4) person is currently on parole or probation for a violent crime as defined in Section 16-1-60; or


(5) consent of the victim has not been obtained unless reasonable attempts have been made to contact the victim and the victim is either nonresponsive or cannot be located after a reasonable search.


(B) The provisions of this section do not apply to a diversion program administered by the South Carolina Prosecution Coordination Commission or by a circuit solicitor.


CREDIT(S)


HISTORY: 2005 Act No. 106, § 2, eff January 1, 2006; 2010 Act No. 273, § 59, eff January 1, 2011.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-5


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-5. Person causing injury which results in death at least three years later not to be prosecuted for homicide.


A person who causes bodily injury which results in the death of the victim is not criminally responsible for the victim's death and must not be prosecuted for a homicide offense if at least three years intervene between the injury and the death of the victim.


CREDIT(S)


HISTORY: 2001 Act No. 97, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-10. “Murder” defined.


“Murder” is the killing of any person with malice aforethought, either express or implied.


CREDIT(S)


HISTORY: 1962 Code § 16-51; 1952 Code § 16-51; 1942 Code § 1101; 1932 Code § 1101; Cr. C. '22 § 1; Cr. C. '12 § 135; Cr. C. '02 § 108; G. S. 2453; R. S. 108; 1712 (2) 418.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-20


Effective: June 11, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought.


(A) A person who is convicted of or pleads guilty to murder must be punished by death, or by a mandatory minimum term of imprisonment for thirty years to life. If the State seeks the death penalty and a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For purposes of this section, “life” or “life imprisonment” means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of parole. In cases where the defendant is eligible for parole, the judge must charge the applicable parole eligibility statute. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. No person sentenced to a mandatory minimum term of imprisonment for thirty years to life pursuant to this section is eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment for thirty years to life required by this section. Under no circumstances may a female who is pregnant be executed so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14, Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the mandatory imprisonment required by this subsection.


(B) When the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. If no statutory aggravating circumstance is found, the defendant must be sentenced to either life imprisonment or a mandatory minimum term of imprisonment for thirty years to life. The proceeding must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding must be conducted before the judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has informed the defendant in writing before the trial is admissible. This section must not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.


(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:


(a) Statutory aggravating circumstances:


(1) The murder was committed while in the commission of the following crimes or acts:


(a) criminal sexual conduct in any degree;


(b) kidnapping;


(c) trafficking in persons;


(d) burglary in any degree;


(e) robbery while armed with a deadly weapon;


(f) larceny with use of a deadly weapon;


(g) killing by poison;


(h) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;


(i) physical torture;


(j) dismemberment of a person; or


(k) arson in the first degree as defined in Section 16-11-110(A).


(2) The murder was committed by a person with a prior conviction for murder.


(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.


(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.


(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.


(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.


(7) The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections officer or former corrections officer, including a county or municipal corrections officer or a former county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal detention facility employee, or fireman or former fireman during or because of the performance of his official duties.


(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. “Family member” means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent or a person living in the official's household and related to him by blood or marriage.


(9) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.


(10) The murder of a child eleven years of age or under.


(11) The murder of a witness or potential witness committed at any time during the criminal process for the purpose of impeding or deterring prosecution of any crime.


(12) The murder was committed by a person deemed a sexually violent predator pursuant to the provisions of Chapter 48, Title 44, or a person deemed a sexually violent predator who is released pursuant to Section 44-48-120.


(b) Mitigating circumstances:


(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.


(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance.


(3) The victim was a participant in the defendant's conduct or consented to the act.


(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.


(5) The defendant acted under duress or under the domination of another person.


(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.


(7) The age or mentality of the defendant at the time of the crime.


(8) The defendant was provoked by the victim into committing the murder.


(9) The defendant was below the age of eighteen at the time of the crime.


(10) The defendant had mental retardation at the time of the crime. “Mental retardation” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.


The statutory instructions as to statutory aggravating and mitigating circumstances must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make the designation of the statutory aggravating circumstance or circumstances. Unless at least one of the statutory aggravating circumstances enumerated in this section is found, the death penalty must not be imposed.


Where a statutory aggravating circumstance is found and a recommendation of death is made, the trial judge shall sentence the defendant to death. The trial judge, before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. No person sentenced to life imprisonment or a mandatory minimum term of imprisonment for thirty years under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A).


(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment a person called as a juror must be examined by the attorney for the defense.


(E) In a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law.


CREDIT(S)


HISTORY: 1962 Code § 16-52; 1952 Code § 16-52; 1942 Code § 1102; 1932 Code § 1102; Cr. C. '22 § 2; Cr. C. '12 § 136; Cr. C. '02 § 109; G. S. 2454; R. S. 109; 1868 (14) 175; 1894 (21) 785; 1974 (58) 2361; 1977 Act No. 177 § 1; 1978 Act No. 555 § 1; 1985 Act No. 104, § 1; 1986 Act No. 462, § 27; 1990 Act No. 604, § 15; 1992 Act No. 488, § 1; 1995 Act No. 83, § 10; 1996 Act No. 317, § 1; 2002 Act No. 224, § 1, eff May 1, 2002 (applicable to offenses committed on or after that date); 2002 Act No. 278, § 1, eff May 28, 2002; 2006 Act No. 342, § 2, eff July 1, 2006; 2007 Act No. 101, § 1, eff June 18, 2007; 2010 Act No. 273, § 21, eff June 2, 2010; 2010 Act No. 289, § 4, eff June 11, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-21


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-21. Jury instruction as to discussion of verdict.


(A) In all cases in which an individual is sentenced to death, the trial judge shall, before the dismissal of the jury, verbally instruct the jury concerning the discussion of its verdict. A standard written instruction shall be promulgated by the Supreme Court for use in all capital cases.


(B) The verbal instruction shall include:


(1) the right of the juror to refuse to discuss the verdict;


(2) the right of the juror to discuss the verdict to the extent that the juror so chooses;


(3) the right of the juror to terminate any discussion pertaining to the verdict at any time the juror so chooses;


(4) the right of the juror to report any person who continues to pursue a discussion of the verdict or who continues to harass the juror after the juror has refused to discuss the verdict or communicated a desire to terminate discussion of the verdict; and


(5) the name, address, and phone number of the person or persons to whom the juror should report any harassment concerning the refusal to discuss the verdict or the juror's decision to terminate discussion of the verdict.


(C) In addition to the verbal instruction of the trial judge, each juror, upon dismissal from jury service, shall receive a copy of the written jury instruction set forth in subsection (A).


CREDIT(S)


HISTORY: 1996 Act No. 448, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-25


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-25. Punishment for murder: review by Supreme Court of imposition of death penalty.


(A) Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Supreme Court of South Carolina. The clerk of the trial court, within ten days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court of South Carolina together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Supreme Court of South Carolina.


(B) The Supreme Court of South Carolina shall consider the punishment as well as any errors by way of appeal.


(C) With regard to the sentence, the court shall determine:


(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor, and


(2) Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in § 16-3-20, and


(3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.


(D) Both the defendant and the State shall have the right to submit briefs within the time provided by the court and to present oral arguments to the court.


(E) The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:


(1) Affirm the sentence of death; or


(2) Set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court of South Carolina in its decision, and the extracts prepared as hereinafter provided for, shall be provided to the resentencing judge for his consideration. If the court finds error prejudicial to the defendant in the sentencing proceeding conducted by the trial judge before the trial jury as outlined under Item (B) of § 16-3-20, the court may set the sentence aside and remand the case for a resentencing proceeding to be conducted by the same or a different trial judge and by a new jury impaneled for such purpose. In the resentencing proceeding, the new jury, if the defendant does not waive the right of a trial jury for the resentencing proceeding, shall hear evidence in extenuation, mitigation or aggravation of the punishment in addition to any evidence admitted in the defendant's first trial relating to guilt for the particular crime for which the defendant has been found guilty.


(F) The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on all legal errors, the factual substantiation of the verdict, and the validity of the sentence.


CREDIT(S)


HISTORY: 1962 Code § 16-52.1; 1977 Act No. 177 § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-26


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-26. Punishment for murder: notice to defense attorney of solicitor's intention to seek death penalty; appointment of attorneys for indigent; investigative, expert or other services.


(A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.


(B)(1) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.


(2) Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of indigent. Any attorney appointed shall be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent Defense for the defense of indigent represented by court-appointed, private counsel.


(C)(1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel or the public defender.


(2) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the Office of Indigent Defense within thirty days after the completion of the case. For the purposes of this statute, exhaustion of the funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a month and the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission must transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the obligation to the extent possible.


(D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.


(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.


(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.


(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated.


(H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial occurs on or after July 1, 1993.


(I) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the Court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense. This proviso shall not pertain to any case in which council has been appointed on the effective date of this Act.


(J) The Judicial Department biennially shall develop and make available to the public a list of standard fees and expenses associated with the defense of an indigent person in a death penalty case.


CREDIT(S)


HISTORY: 1962 Code § 16-52.2; 1977 Act No. 177 § 3; 1978 Act No. 555 § 2; 1986 Act No. 462, § 26; 1993 Act No. 164, Part II, § 45D; 1994 Act No. 497, Part I, E23-§ 14; 1995 Act No; 145, Part I, § 14; 1996 Act No. 458, Part II, § 26A.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-28


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-28. Punishment for murder: right of defendant to make last argument.


Notwithstanding any other provision of law, in any criminal trial where the maximum penalty is death or in a separate sentencing proceeding following such trial, the defendant and his counsel shall have the right to make the last argument.


CREDIT(S)


HISTORY: 1977 Act No. 177 § 5; 1986 Act No. 462, § 43.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-29


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-29. Attempted murder.


A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder. A person who violates this section is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years. A sentence imposed pursuant to this section may not be suspended nor may probation be granted.


CREDIT(S)


HISTORY: 2010 Act No. 273, § 6.A, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-30


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§§ 16-3-30, 16-3-40. Repealed by 2010 Act No. 273, § 22, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-40


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§§ 16-3-30, 16-3-40. Repealed by 2010 Act No. 273, § 22, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-50. Manslaughter.


A person convicted of manslaughter, or the unlawful killing of another without malice, express or implied, must be imprisoned not more than thirty years or less than two years.


CREDIT(S)


HISTORY: 1962 Code § 16-55; 1952 Code § 16-55; 1942 Code § 1107; 1932 Code § 1107; Cr. C. '22 § 10; Cr. C. '12 § 148; Cr. C. '02 § 120; G. S. 2465; R. S. 120; 1869 (14) 175; 1931 (38) 332; 1934 (38) 1463; 1993 Act No. 184, § 159.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-60. Involuntary manslaughter; “criminal negligence” defined.


With regard to the crime of involuntary manslaughter, criminal negligence is defined as the reckless disregard of the safety of others. A person charged with the crime of involuntary manslaughter may be convicted only upon a showing of criminal negligence as defined in this section. A person convicted of involuntary manslaughter must be imprisoned not more than five years.


CREDIT(S)


HISTORY: 1962 Code § 16-55.1; 1968 (55) 2626; 1993 Act No. 184, § 160.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-70


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-70. Administering or attempting to administer poison.


(A) It is unlawful for a person to:


(1) maliciously administer to, attempt to administer to, aid or assist in administering to, or cause to be taken by, another person a poison or other destructive thing, with intent to kill that person; or


(2) counsel, aid, or abet a person under item (1) of this subsection.


(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.


CREDIT(S)


HISTORY: 1962 Code § 16-56; 1952 Code § 16-56; 1942 Code § 1108; 1932 Code § 1108; Cr. C. '22 § 11; Cr. C. '12 § 149; Cr. C. '02 § 121; G. S. 2466; R. S. 121; 1859 (12) 832; 1898 (22) 812; 1993 Act No. 184, § 161.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-75


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-75. Tampering with human drug product or food item; penalty.


It is unlawful for a person to maliciously tamper with a human drug product or food item with the intent to do bodily harm to a person.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.


CREDIT(S)


HISTORY: 1984 Act No. 477, § 1; 1993 Act No. 184, § 162.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-85


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-85. Homicide by child abuse; definitions; penalty; sentencing.


(A) A person is guilty of homicide by child abuse if the person:


(1) causes the death of a child under the age of eleven while committing child abuse or neglect, and the death occurs under circumstances manifesting an extreme indifference to human life; or


(2) knowingly aids and abets another person to commit child abuse or neglect, and the child abuse or neglect results in the death of a child under the age of eleven.


(B) For purposes of this section, the following definitions apply:


(1) “child abuse or neglect” means an act or omission by any person which causes harm to the child's physical health or welfare;


(2) “harm” to a child's health or welfare occurs when a person:


(a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;


(b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death; or


(c) abandons the child resulting in the child's death.


(C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:


(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or


(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.


(D) In sentencing a person under this section, the judge must consider any aggravating circumstances including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.


CREDIT(S)


HISTORY: 1992 Act No. 412, § 1; 2000 Act No. 261, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-95


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 1. Homicide

§ 16-3-95. Infliction or allowing infliction of great bodily injury upon a child; penalty; definition; corporal punishment and traffic accident exceptions.


(A) It is unlawful to inflict great bodily injury upon a child. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.


(B) It is unlawful for a child's parent or guardian, person with whom the child's parent or guardian is cohabitating, or any other person responsible for a child's welfare as defined in Section 63-7-20 knowingly to allow another person to inflict great bodily injury upon a child. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than five years.


(C) For purposes of this section, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious or permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.


(D) This section may not be construed to prohibit corporal punishment or physical discipline which is administered by a parent or person in loco parentis in a manner which does not cause great bodily injury upon a child.


(E) This section does not apply to traffic accidents unless the accident was caused by the driver's reckless disregard for the safety of others.


CREDIT(S)


HISTORY: 2000 Act No. 261, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-210


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 3. Lynching

§ 16-3-210. Assault and battery by mob; investigation and apprehension; civil liability.


(A) For purposes of this section, a “mob” is defined as the assemblage of two or more persons, without color or authority of law, for the premeditated purpose and with the premeditated intent of committing an act of violence upon the person of another.


(B) Any act of violence inflicted by a mob upon the body of another person, which results in the death of the person, shall constitute the felony crime of assault and battery by mob in the first degree and, upon conviction, an offender shall be punished by imprisonment for not less than thirty years.


(C) Any act of violence inflicted by a mob upon the body of another person, which results in serious bodily injury to the person, shall constitute the felony crime of assault and battery by mob in the second degree and, upon conviction, an offender shall be punished by imprisonment for not less than three years nor more than twenty-five years.


(D) Any act of violence inflicted by a mob upon the body of another person, which results in bodily injury to the person, shall constitute the misdemeanor crime of assault and battery by mob in the third degree and, upon conviction, an offender shall be punished by imprisonment for not more than one year.


(E) When any mob commits an act of violence, the sheriff of the county where the crime occurs and the solicitor of the circuit where the county is located shall act as speedily as possible to apprehend and identify the members of the mob and bring them to trial.


(F) The solicitor of any circuit has summary power to conduct any investigation deemed necessary by him in order to apprehend the members of a mob and may subpoena witnesses and take testimony under oath.


(G) This article shall not be construed to relieve a member of any such mob from civil liability.


CREDIT(S)


HISTORY: 1962 Code § 16-57; 1952 Code § 16-57; 1951 (47) 233; 2010 Act No. 273, § 4, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-220


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 3. Lynching

§§ 16-3-220 to 16-3-270. Repealed by 2010 Act No. 273, § 5, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-230


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 3. Lynching

§§ 16-3-220 to 16-3-270. Repealed by 2010 Act No. 273, § 5, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-240


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 3. Lynching

§§ 16-3-220 to 16-3-270. Repealed by 2010 Act No. 273, § 5, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-250


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 3. Lynching

§§ 16-3-220 to 16-3-270. Repealed by 2010 Act No. 273, § 5, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-260


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 3. Lynching

§§ 16-3-220 to 16-3-270. Repealed by 2010 Act No. 273, § 5, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-270


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 3. Lynching

§§ 16-3-220 to 16-3-270. Repealed by 2010 Act No. 273, § 5, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-410


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 5. Dueling

§ 16-3-410. Sending or accepting challenge to fight.


It is unlawful for a person to challenge another to fight with a sword, pistol, rapier, or any other deadly weapon or to accept a challenge.


A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years. A person convicted under this section is deprived of the right of suffrage, and is disabled from holding any office of honor or trust in this State.


CREDIT(S)


HISTORY: 1962 Code § 16-61; 1952 Code § 16-61; 1942 Code § 1117; 1932 Code § 1117; Cr. C. '22 § 15; Cr. C. '12 § 153; Cr. C. '02 § 125; G. S. 2468; R. S. 125; 1880 (17) 501; 1993 Act No. 184, § 88.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-420


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 5. Dueling

§ 16-3-420. Carrying or delivering challenge; serving as second.


Whoever shall (a) willingly or knowingly carry or deliver any such challenge in writing or verbally deliver any message intended as, or purporting to be, such a challenge, (b) be present at the fighting of any duel as a second or (c) aid or give countenance thereto shall, for every such offense, on conviction thereof, be forever disabled from holding any office of honor or trust in this State and shall be imprisoned in the Penitentiary for a term not exceeding two years, at the discretion of the court, and shall be fined in a sum not less than five hundred dollars nor more than one thousand dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-62; 1952 Code § 16-62; 1942 Code § 1118; 1932 Code § 1118; Cr. C. '22 § 16; Cr. C. '12 § 154; Cr. C. '02 § 126; G. S. 2469; R. S. 126; 1880 (17) 502.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-430


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 5. Dueling

§ 16-3-430. Repealed by 2010 Act No. 273, § 22, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-440


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 5. Dueling

§ 16-3-440. Principal or second shall be compelled to give testimony.


Upon the trial of all indictments for dueling any person concerned therein, either as principal or second or as counseling, aiding and abetting in such duel, shall be compelled to give evidence against the person actually indicted, without incriminating himself or subjecting or making himself liable to any prosecution, penalty, forfeiture or punishment on account of his agency in such duel.


CREDIT(S)


HISTORY: 1962 Code § 16-64; 1952 Code § 16-64; 1942 Code § 1014; 1932 Code § 1014; Cr. P. '22 § 100; Cr. C. '12 § 155; Cr. C. '02 § 127; G. S. 2470; R. S. 127; 1823 (6) 208.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-450


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 5. Dueling

§ 16-3-450. Persons concerned in duel as witnesses.


When two or more persons shall be charged in any indictment for fighting a duel or being concerned therein either of such persons may be used as a witness in behalf of the State by having his name stricken out of the indictment, or otherwise, at the discretion of the Attorney General or solicitor or other attorney acting for the State conducting such prosecution, of which an entry shall immediately be made on the minutes of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-65; 1952 Code § 16-65; 1942 Code § 1015; 1932 Code § 1015; Cr. P. '22 § 101; Cr. C. '12 § 156; Cr. C. '02 § 128; G. S. 2471; R. S. 128; 1823 (6) 208.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-460


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 5. Dueling

§ 16-3-460. Pleading in bar by State's witness to subsequent indictment.


In case any such person so used as a witness in behalf of the State in any prosecution for fighting a duel or for being concerned therein shall afterwards be indicted for the same offense, the fact of his having been used as a witness in the former prosecution for the same offense may be pleaded in bar to such subsequent indictment and, on proof thereof by competent evidence, such person shall be thereof acquitted and discharged.


CREDIT(S)


HISTORY: 1962 Code § 16-66; 1952 Code § 16-66; 1942 Code § 1015; 1932 Code § 1015; Cr. P. '22 § 101; Cr. C. '12 § 156; Cr. C. '02 § 128; G. S. 2471; R. S. 128; 1823 (6) 208.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-510


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 6. Hazing

§ 16-3-510. Hazing unlawful; definitions.


It is unlawful for a person to intentionally or recklessly engage in acts which have a foreseeable potential for causing physical harm to a person for the purpose of initiation or admission into or affiliation with a chartered or nonchartered student, fraternal, or sororal organization. Fraternity, sorority, or other organization for purposes of this section means those chartered and nonchartered fraternities, sororities, or other organizations operating in connection with a school, college, or university. This section does not include customary athletic events or similar contests or competitions, or military training whether state, federal, or educational.


CREDIT(S)


HISTORY: 1987 Act No. 73 § 1; 2002 Act No. 310, § 4, eff June 5, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-520


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 6. Hazing

§ 16-3-520. Unlawful to assist in or fail to report hazing.


It is unlawful for any person to knowingly permit or assist any person in committing acts made unlawful by § 16-3-510 or to fail to report promptly any information within his knowledge of acts made unlawful by § 16-3-510 to the chief executive officer of the appropriate school, college, or university.


CREDIT(S)


HISTORY: 1987 Act No. 73 § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-530


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 6. Hazing

§ 16-3-530. Penalties.


Any person who violates the provisions of §§ 16-3-510 or 16-3-520 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed five hundred dollars or by imprisonment for a term not to exceed twelve months, or both.


CREDIT(S)


HISTORY: 1987 Act No. 73 § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-540


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 6. Hazing

§ 16-3-540. Consent not a defense.


The implied or express consent of a person to acts which violate § 16-3-510 does not constitute a defense to violations of §§ 16-3-510 or 16-3-520.


CREDIT(S)


HISTORY: 1987 Act No. 73 § 4.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-600


Effective: June 7, 2011


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-600. Assault and battery.


(A) For purposes of this section:


(1) “Great bodily injury” means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.


(2) “Moderate bodily injury” means physical injury requiring treatment to an organ system of the body other than the skin, muscles, and connective tissues of the body, except when there is penetration of the skin, muscles, and connective tissues that require surgical repair of a complex nature or when treatment of the injuries requires the use of regional or general anesthesia.


(3) “Private parts” means the genital area or buttocks of a male or female or the breasts of a female.


(B)(1) A person commits the offense of assault and battery of a high and aggravated nature if the person unlawfully injures another person, and:


(a) great bodily injury to another person results; or


(b) the act is accomplished by means likely to produce death or great bodily injury.


(2) A person who violates this subsection is guilty of a felony, and, upon conviction, must be imprisoned for not more than twenty years.


(3) Assault and battery of a high and aggravated nature is a lesser-included offense of attempted murder, as defined in Section 16-3-29.


(C)(1) A person commits the offense of assault and battery in the first degree if the person unlawfully:


(a) injures another person, and the act:


(i) involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or


(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft; or


(b) offers or attempts to injure another person with the present ability to do so, and the act:


(i) is accomplished by means likely to produce death or great bodily injury; or


(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft.


(2) A person who violates this subsection is guilty of a felony, and, upon conviction, must be imprisoned for not more than ten years.


(3) Assault and battery in the first degree is a lesser-included offense of assault and battery of a high and aggravated nature, as defined in subsection (B)(1), and attempted murder, as defined in Section 16-3-29.


(D)(1) A person commits the offense of assault and battery in the second degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so, and:


(a) moderate bodily injury to another person results or moderate bodily injury to another person could have resulted; or


(b) the act involves the nonconsensual touching of the private parts of a person, either under or above clothing.


(2) A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than two thousand five hundred dollars, or imprisoned for not more than three years, or both.


(3) Assault and battery in the second degree is a lesser-included offense of assault and battery in the first degree, as defined in subsection (C)(1), assault and battery of a high and aggravated nature, as defined in subsection (B)(1), and attempted murder, as defined in Section 16-3-29.


(E)(1) A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.


(2) A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars, or imprisoned for not more than thirty days, or both.


(3) Assault and battery in the third degree is a lesser-included offense of assault and battery in the second degree, as defined in subsection (D)(1), assault and battery in the first degree, as defined in subsection (C)(1), assault and battery of a high and aggravated nature, as defined in subsection (B)(1), and attempted murder, as defined in Section 16-3-29.


CREDIT(S)


HISTORY: 2010 Act No. 273, § 6.B, eff June 2, 2010; 2011 Act No. 39, §§ 1, 2, eff June 7, 2011.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-610


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-610. Certain offenses committed with a carried or concealed deadly weapon.


If a person is convicted of an offense pursuant to Section 16-3-29, 16-3-600, or manslaughter, and the offense is committed with a deadly weapon of the character as specified in Section 16-23-460 carried or concealed upon the person of the defendant, the judge shall, in addition to the punishment provided by law for such offense, sentence the person to imprisonment for the misdemeanor offense for not less than three months nor more than twelve months, or a fine of not less than two hundred dollars, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-93; 1952 Code § 16-93; 1942 Code § 1258; 1932 Code § 1258; Cr. C. '22 § 153; Cr. C. '12 § 160; Cr. C. '02 § 132; 1897 (22) 427; 2010 Act No. 273, § 6.C, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-612


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-612. Repealed by 2010 Act No. 273, § 7.A, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-615


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-615. Spousal sexual battery.


(A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use or the threat of use of a weapon or the use or threat of use of physical force or physical violence of a high and aggravated nature, by one spouse against the other spouse if they are living together, constitutes the felony of spousal sexual battery and, upon conviction, a person must be imprisoned not more than ten years.


(B) The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for that spouse to be prosecuted for this offense.


(C) The provisions of Section 16-3-659.1 apply to any trial brought under this section.


(D) This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen.


CREDIT(S)


HISTORY: 1991 Act No. 139, § 1; 1994 Act No. 295, §§ 1, 3; 1997 Act No. 95, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-620


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-620. Repealed by 2010 Act No. 273, § 7.A, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-625


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-625. Resisting arrest with deadly weapon; sentencing; “deadly weapon” defined; application of section.


A person who resists the lawful efforts of a law enforcement officer to arrest him or another person with the use or threat of use of a deadly weapon against the officer, and the person is in possession or claims to be in possession of a deadly weapon, is guilty of a felony and, upon conviction, must be punished by imprisonment for not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced under this section for a second or subsequent offense shall have the sentence suspended to less than two years nor shall the person be eligible for parole until after service of two years.


As used in this section “deadly weapon” means any instrument which can be used to inflict deadly force.


This section does not affect or replace the common law crime of assault and battery with intent to kill nor does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the “Youthful Offenders Act”.


CREDIT(S)


HISTORY: 1980 Act No. 511, § 1; 1995 Act No. 83, § 11.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-630


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§§ 16-3-630, 16-3-635. Repealed by 2010 Act No. 273, § 7.A, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-635


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§§ 16-3-630, 16-3-635. Repealed by 2010 Act No. 273, § 7.A, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-651


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-651. Criminal sexual conduct: definitions.


For the purposes of §§ 16-3-651 to 16-3-659.1:


(a) “Actor” means a person accused of criminal sexual conduct.


(b) “Aggravated coercion” means that the actor threatens to use force or violence of a high and aggravated nature to overcome the victim or another person, if the victim reasonably believes that the actor has the present ability to carry out the threat, or threatens to retaliate in the future by the infliction of physical harm, kidnapping or extortion, under circumstances of aggravation, against the victim or any other person.


(c) “Aggravated force” means that the actor uses physical force or physical violence of a high and aggravated nature to overcome the victim or includes the threat of the use of a deadly weapon.


(d) “Intimate parts” includes the primary genital area, anus, groin, inner thighs, or buttocks of a male or female human being and the breasts of a female human being.


(e) “Mentally defective” means that a person suffers from a mental disease or defect which renders the person temporarily or permanently incapable of appraising the nature of his or her conduct.


(f) “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct whether this condition is produced by illness, defect, the influence of a substance or from some other cause.


(g) “Physically helpless” means that a person is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.


(h) “Sexual battery” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.


(i) “Victim” means the person alleging to have been subjected to criminal sexual conduct.


CREDIT(S)


HISTORY: 1977 Act No. 157 § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-652


Effective: June 11, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-652. Criminal sexual conduct in the first degree.


(1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:


(a) The actor uses aggravated force to accomplish sexual battery.


(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act.


(c) The actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance.


(2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court.


CREDIT(S)


HISTORY: 1977 Act No. 157 § 2; 1998 Act No. 372, § 4; 2000 Act No. 355, § 1; 2010 Act No. 289, § 5, eff June 11, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-653


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-653. Criminal sexual conduct in the second degree.


(1) A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery.


(2) Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than twenty years according to the discretion of the court.


CREDIT(S)


HISTORY: 1977 Act No. 157 § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-654


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-654. Criminal sexual conduct in the third degree.


(1) A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:


(a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.


(b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.


(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than ten years, according to the discretion of the court.


CREDIT(S)


HISTORY: 1977 Act No. 157 § 4.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-655


Effective: June 18, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-655. Criminal sexual conduct with a minor; aggravating and mitigating circumstances; penalties; repeat offenders.


(A) A person is guilty of criminal sexual conduct with a minor in the first degree if:


(1) the actor engages in sexual battery with a victim who is less than eleven years of age; or


(2) the actor engages in sexual battery with a victim who is less than sixteen years of age and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to Section 23-3-430(D).


(B) A person is guilty of criminal sexual conduct with a minor in the second degree if:


(1) the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age; or


(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age.


(C) A person is guilty of criminal sexual conduct with a minor in the third degree if the actor is over fourteen years of age and the actor wilfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body, or its parts, of a child under sixteen years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child. However, a person may not be convicted of a violation of the provisions of this subsection if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age.


(D)(1) A person convicted of a violation of subsection (A)(1) is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of twenty-five years, no part of which may be suspended nor probation granted, or must be imprisoned for life. In the case of a person pleading guilty or nolo contendere to a violation of subsection (A)(1), the judge must make a specific finding on the record regarding whether the type of conduct that constituted the sexual battery involved sexual or anal intercourse by a person or intrusion by an object. In the case of a person convicted at trial for a violation of subsection (A)(1), the judge or jury, whichever is applicable, must designate as part of the verdict whether the conduct that constituted the sexual battery involved sexual or anal intercourse by a person or intrusion by an object. If the person has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for first degree criminal sexual conduct with a minor who is less than eleven years of age or a federal or out-of-state offense that would constitute first degree criminal sexual conduct with a minor who is less than eleven years of age, he must be punished by death or by imprisonment for life, as provided in this section. For the purpose of determining a prior conviction under this subsection, the person must have been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent on a separate occasion, prior to the instant adjudication, for first degree criminal sexual conduct with a minor who is less than eleven years of age or a federal or out-of-state offense that would constitute first degree criminal sexual conduct with a minor who is less than eleven years of age. In order to be eligible for the death penalty pursuant to this section, the sexual battery constituting the current offense and any prior offense must have involved sexual or anal intercourse by a person or intrusion by an object. If any prior offense that would make a person eligible for the death penalty pursuant to this section occurred prior to the effective date of this act and no specific finding was made regarding the nature of the conduct or is an out-of-state or federal conviction, the determination of whether the sexual battery constituting the prior offense involved sexual or anal intercourse by a person or intrusion by an object must be made in the separate sentencing proceeding provided in this section and proven beyond a reasonable doubt and designated in writing by the judge or jury, whichever is applicable. If the judge or jury, whichever is applicable, does not find that the prior offense involved sexual or anal intercourse by a person or intrusion by an object, then the person must be sentenced to imprisonment for life. For purposes of this subsection, imprisonment for life means imprisonment until death.


(2) A person convicted of a violation of subsection (A)(2) is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than thirty years, no part of which may be suspended nor probation granted.


(3) A person convicted of a violation of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years in the discretion of the court.


(4) A person convicted of a violation of subsection (C) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both.


(E) If the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant pursuant to this section, a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to items (1) and (2), and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For purposes of this section, “life imprisonment” means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of parole. No person sentenced to life imprisonment, pursuant to this subsection, is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. Under no circumstances may a female who is pregnant be executed, so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death imposed pursuant to this section to life imprisonment pursuant to the provisions of Section 14, Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the mandatory imprisonment required by this subsection.


(1) When the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant pursuant to this section, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. The proceeding must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pled guilty, the sentencing proceeding must be conducted before the judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only evidence in aggravation as the State has informed the defendant in writing before the trial is admissible. This section must not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States, or the State of South Carolina, or the applicable laws of either. The State, the defendant, and his counsel are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.


(2) In sentencing a person, upon conviction or adjudication of guilt of a defendant pursuant to this section, the judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:


(a) Statutory aggravating circumstances:


(i) The victim's resistance was overcome by force.


(ii) The victim was prevented from resisting the act because the actor was armed with a dangerous weapon.


(iii) The victim was prevented from resisting the act by threats of great and immediate bodily harm, accompanied by an apparent power to inflict bodily harm.


(iv) The victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing his resistance.


(v) The crime was committed by a person with a prior conviction for murder.


(vi) The offender committed the crime for himself or another for the purpose of receiving money or a thing of monetary value.


(vii) The offender caused or directed another to commit the crime or committed the crime as an agent or employee of another person.


(viii) The crime was committed against two or more persons by the defendant by one act, or pursuant to one scheme, or course of conduct.


(ix) The crime was committed during the commission of burglary in any degree, kidnapping, or trafficking in persons.


(b) Mitigating circumstances:


(i) The defendant has no significant history of prior criminal convictions involving the use of violence against another person.


(ii) The crime was committed while the defendant was under the influence of mental or emotional disturbance.


(iii) The defendant was an accomplice in the crime committed by another person and his participation was relatively minor.


(iv) The defendant acted under duress or under the domination of another person.


(v) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.


(vi) The age or mentality of the defendant at the time of the crime.


(vii) The defendant was below the age of eighteen at the time of the crime.


The statutory instructions as to statutory aggravating and mitigating circumstances must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances, which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases, the judge shall make the designation of the statutory aggravating circumstance or circumstances. Unless at least one of the statutory aggravating circumstances enumerated in this section is found, the death penalty must not be imposed.


When a statutory aggravating circumstance is found and a recommendation of death is made, the trial judge shall sentence the defendant to death. The trial judge, before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. When a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge shall sentence the defendant to life imprisonment as provided in this subsection. Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. When a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to life imprisonment. No person sentenced to life imprisonment pursuant to this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for the death penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant upon conviction or adjudication of guilt of a defendant pursuant to this section, the trial judge shall dismiss the jury and shall sentence the defendant to life imprisonment, as provided in this subsection.


(3) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment a person called as a juror must be examined by the attorney for the defense.


(4) In a criminal action pursuant to this section, which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror by reason of his beliefs or attitudes against capital punishment unless those beliefs or attitudes would render him unable to return a verdict according to law.


(F)(1) In all cases in which an individual is sentenced to death pursuant to this section, the trial judge, before the dismissal of the jury, shall verbally instruct the jury concerning the discussion of its verdict. A standard written instruction must be promulgated by the Supreme Court for use in capital cases brought pursuant to this section.


(2) The verbal instruction must include:


(a) the right of the juror to refuse to discuss the verdict;


(b) the right of the juror to discuss the verdict to the extent that the juror so chooses;


(c) the right of the juror to terminate any discussion pertaining to the verdict at any time the juror so chooses;


(d) the right of the juror to report any person who continues to pursue a discussion of the verdict or who continues to harass the juror after the juror has refused to discuss the verdict or communicated a desire to terminate discussion of the verdict; and


(e) the name, address, and phone number of the person or persons to whom the juror should report any harassment concerning the refusal to discuss the verdict or the juror's decision to terminate discussion of the verdict.


(3) In addition to the verbal instruction of the trial judge, each juror, upon dismissal from jury service, shall receive a copy of the written jury instruction as provided in item (1).


(G)(1) Whenever the death penalty is imposed pursuant to this section, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Supreme Court of South Carolina. The clerk of the trial court, within ten days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court of South Carolina together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Supreme Court of South Carolina.


(2) The Supreme Court of South Carolina shall consider the punishment as well as any errors by way of appeal.


(3) With regard to the sentence, the court shall determine whether the:


(a) sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;


(b) evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in subsection (E)(2)(a); and


(c) sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.


(4) Both the defendant and the State shall have the right to submit briefs within the time provided by the court and to present oral arguments to the court.


(5) The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, is authorized to:


(a) affirm the sentence of death; or


(b) set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court of South Carolina in its decision, and the extracts prepared as provided for, must be provided to the resentencing judge for his consideration. If the court finds error prejudicial to the defendant in the sentencing proceeding conducted by the trial judge before the trial jury as outlined in subsection (E)(1), the court may set the sentence aside and remand the case for a resentencing proceeding to be conducted by the same or a different trial judge and by a new jury impaneled for this purpose. In the resentencing proceeding, the new jury, if the defendant does not waive the right of a trial jury for the resentencing proceeding, shall hear evidence in extenuation, mitigation, or aggravation of the punishment in addition to any evidence admitted in the defendant's first trial relating to guilt for the particular crime for which the defendant has been found guilty.


(6) The sentence review is in addition to direct appeal, if taken, and the review and appeal must be consolidated for consideration. The court shall render its decision on all legal errors, the factual substantiation of the verdict, and the validity of the sentence.


(H)(1) Whenever the solicitor seeks the death penalty pursuant to this section, he shall notify the defense attorney of his intention to seek the death penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney must be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.


(2)(a) Whenever any person is charged with first degree criminal sexual conduct with a minor who is less than eleven years and the death penalty is sought, the court, upon determining that the person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend the person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed may be the public defender or a member of his staff. In all cases when no conflict exists, the public defender or member of his staff must be appointed if qualified. If a conflict exists, the court then shall turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.


(b) Notwithstanding another provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of the indigent. Any attorney appointed must be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation may not exceed twenty-five thousand dollars and must be paid from funds available to the Office of Indigent Defense for the defense of indigent represented by court-appointed, private counsel.


(3)(a) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court deems appropriate. Payment of these fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel, or the public defender.


(b) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the Office of Indigent Defense within thirty days after the completion of the case. For the purposes of this statute, exhaustion of the funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a month and the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission must transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the obligation to the extent possible.


(4) Payment in excess of the hourly rates and limit in item (2) or (3) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of services cannot await prior authorization, the court may authorize the provision of and payment for services nunc pro tunc.


(5) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.


(6) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases brought pursuant to this section.


(7) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for in this subsection. In the event the court-appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis, taking into account geography and previous assignments from the list. Efforts must be made to present an attorney from the area or region where the action is initiated.


(8) The payment schedule provided in this subsection, as amended by Act 164 of 1993, shall apply to any case for which trial occurs on or after July 1, 1993.


(9) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense. This item shall not pertain to any case in which counsel has been appointed on the effective date of this act.


(10) The judicial department biennially shall develop and make available to the public a list of standard fees and expenses associated with the defense of an indigent person in a death penalty case.


(I) Notwithstanding another provision of law, in any trial pursuant to this section when the maximum penalty is death or in a separate sentencing proceeding following the trial, the defendant and his counsel shall have the right to make the last argument.


CREDIT(S)


HISTORY: 1977 Act No. 157 § 5; 1978 Act No. 639 § 1; 1984 Act No. 509; 2005 Act No. 94, § 1, eff June 1, 2005; 2006 Act No. 342, § 3, eff July 1, 2006; 2006 Act No. 346, § 1, eff July 1, 2006; 2008 Act No. 335, § 18, eff June 16, 2008; 2010 Act No. 289, § 6, eff June 11, 2010; 2012 Act No. 255, § 1, eff June 18, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-656


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-656. Criminal sexual conduct: assaults with intent to commit.


Assault with intent to commit criminal sexual conduct described in the above sections shall be punishable as if the criminal sexual conduct was committed.


CREDIT(S)


HISTORY: 1977 Act No. 157 § 6; 1978 Act No. 639 § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-657


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-657. Criminal sexual conduct: testimony of victim need not be corroborated.


The testimony of the victim need not be corroborated in prosecutions under §§ 16-3-652 through 16-3-658.


CREDIT(S)


HISTORY: 1977 Act No. 157 § 7.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-658


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-658. Criminal sexual conduct: where victim is spouse.


A person cannot be guilty of criminal sexual conduct under Sections 16-3-651 through 16-3-659.1 if the victim is the legal spouse unless the couple is living apart and the offending spouse's conduct constitutes criminal sexual conduct in the first degree or second degree as defined by Sections 16-3-652 and 16-3-653.


The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for a person to be prosecuted for these offenses.


This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen.


CREDIT(S)


HISTORY: 1977 Act No. 157 § 8; 1991 Act No. 139, § 2; 1997 Act No. 95, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-659


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-659. Criminal sexual conduct: males under fourteen not presumed incapable of committing crime of rape.


The common law rule that a boy under fourteen years is conclusively presumed to be incapable of committing the crime of rape shall not be enforced in this State. Provided, that any person under the age of 14 shall be tried as a juvenile for any violations of §§ 16-3-651 to 16-3-659.1.


CREDIT(S)


HISTORY: 1977 Act No. 157 § 9.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-659.1


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-659.1. Criminal sexual conduct: admissibility of evidence concerning victim's sexual conduct.


(1) Evidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct is not admissible in prosecutions under Sections 16-3-615 and 16-3-652 to 16-3-656; however, evidence of the victim's sexual conduct with the defendant or evidence of specific instances of sexual activity with persons other than the defendant introduced to show source or origin of semen, pregnancy, or disease about which evidence has been introduced previously at trial is admissible if the judge finds that such evidence is relevant to a material fact and issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value. Evidence of specific instances of sexual activity which would constitute adultery and would be admissible under rules of evidence to impeach the credibility of the witness may not be excluded.


(2) If the defendant proposes to offer evidence described in subsection (1), the defendant, prior to presenting his defense shall file a written motion and offer of proof. The court shall order an in-camera hearing to determine whether the proposed evidence is admissible under subsection (1). If new evidence is discovered during the presentation of the defense that may make the evidence described in subsection (1) admissible, the judge may order an in-camera hearing to determine whether the proposed evidence is admissible under subsection (1).


CREDIT(S)


HISTORY: 1977 Act No. 157, § 10; 1994 Act No. 295, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-660


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-660. Deposition testimony of rape victim or victim of assault with intent to ravish.


Before or during the trial of a person charged with rape or assault with intent to ravish, when the female who is alleged to have been assaulted is a witness, the judge of the court in which the case is to be tried may, in his discretion, by an order direct that the deposition of such witness be taken at a time and place designated in such order within the county in which the trial is to be had upon such notice to the accused as the judge may direct.


CREDIT(S)


HISTORY: 1962 Code § 16-73; 1952 Code § 16-73; 1942 Code § 1016; 1932 Code § 1016; Cr. P. '22 § 107; Cr. C. '12 § 92; 1909 (26) 206.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-670


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-670. Procedure for taking deposition.


Such deposition shall be taken by the clerk of the court of general sessions for the county in which the case is to be tried or by such other officer as the presiding judge may name in his order, at the taking of which the accused shall be present and shall have the same rights in regard to the examination of the witness as if she were testifying in open court. No persons other than the attorneys for the State and accused shall be present unless expressly admitted by the judge, and the accused shall have the right to object to the admissibility of the testimony of such witness, either at the time of the taking of the deposition or when the same is offered in evidence on the trial in open court.


CREDIT(S)


HISTORY: 1962 Code § 16-74; 1952 Code § 16-74; 1942 Code § 1016; 1932 Code § 1016; Cr. P. '22 § 107; Cr. C. '12 § 92; 1909 (26) 206.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-680


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-680. Sheriff shall procure attendance of accused; absence of counsel.


The sheriff of the county shall secure the personal attendance of the accused at the time and place of taking such depositions, and the absence of either the attorney for the State or for the accused, after notice prescribed in the order, shall not prevent or delay the taking of such depositions.


CREDIT(S)


HISTORY: 1962 Code § 16-79; 1952 Code § 16-79; 1942 Code § 1016; 1932 Code § 1016; Cr. P. '22 § 107; Cr. C. '12 § 92; 1909 (26) 206.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-690


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-690. Custody of deposition.


Such depositions, when taken, shall be signed by the witness in the presence of the clerk or other officer taking the same, placed in a sealed envelope, the title of the case endorsed thereon, and be retained by the clerk of court until the same is opened in court; and if taken by another officer he shall deliver the same to the clerk, to be retained by him as herein provided.


CREDIT(S)


HISTORY: 1962 Code § 16-77; 1952 Code § 16-77; 1942 Code § 1016; 1932 Code § 1016; Cr. P. '22 § 107; Cr. C. '12 § 92; 1909 (26) 206.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-700


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-700. Reading deposition to jury.


Such deposition shall be read to the jury upon the trial and shall be considered by them as though such testimony had been given orally in court.


CREDIT(S)


HISTORY: 1962 Code § 16-75; 1952 Code § 16-75; 1942 Code § 1016; 1932 Code § 1016; Cr. P. '22 § 107; Cr. C. '12 § 92; 1909 (26) 206.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-710


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-710. Depositions in rebuttal.


The judge may, in like manner, direct other depositions of such witness, in rebuttal or otherwise, which shall be taken and read in the manner and under the conditions herein prescribed as to the first deposition.


CREDIT(S)


HISTORY: 1962 Code § 16-76; 1952 Code § 16-76; 1942 Code § 1016; 1932 Code § 1016; Cr. P. '22 § 107; Cr. C. '12 § 92; 1909 (26) 206.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-720


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-720. Destruction of deposition.


The clerk of the court in which such case is tried, in the event no appeal is taken, shall, as soon as the time for appealing has elapsed, withdraw the deposition from the record of the case and destroy it. And in case there is an appeal, as soon as the case is finally disposed of, the clerk shall destroy the depositions herein provided for.


CREDIT(S)


HISTORY: 1962 Code § 16-78; 1952 Code § 16-78; 1942 Code § 1016; 1932 Code § 1016; Cr. P. '22 § 107; Cr. C. '12 § 92; 1909 (26) 206.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-730


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-730. Publishing name of victim of criminal sexual conduct unlawful.


Whoever publishes or causes to be published the name of any person upon whom the crime of criminal sexual conduct has been committed or alleged to have been committed in this State in any newspaper, magazine or other publication shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars or imprisonment of not more than three years. The provisions of this section shall not apply to publications made by order of court.


CREDIT(S)


HISTORY: 1962 Code § 16-81; 1952 Code § 16-81; 1942 Code § 1275; 1932 Code § 1275; Cr. C. '22 § 170; Cr. C. '12 § 317; 1909 (26) 208; 1979 Act No. 23.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-740


Effective: June 7, 2011


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-740. Testing of certain convicted offenders for Hepatitis B and HIV.


(A) For purposes of this section:


(1) “Body fluid” means blood, amniotic fluid, pericardial fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen or vaginal secretions, or any body fluid visibly contaminated with blood.


(2) “HIV” means the Human Immunodeficiency Virus.


(3) “Offender” includes adults and juveniles.


(B) Upon the request of a person who is the victim of a criminal offense which involves the sexual penetration of the victim's body or who has been exposed to body fluids during the commission of a criminal offense, or upon the request of the legal guardian of a person who is the victim of a criminal offense which involves the sexual penetration of the victim's body or who has been exposed to body fluids during the commission of a criminal offense, the solicitor, after the offender is charged, must petition the court for an order to have the offender tested for Hepatitis B and HIV. An offender must be tested pursuant to this section for Hepatitis B and HIV as soon as practicable after the court order is issued but not later than forty-eight hours after the date the person is indicted for the offense or waives indictment for the offense. If the offender is subject to the jurisdiction of the family court, he must be tested not later than forty-eight hours after the petition is filed with the family court alleging he is delinquent for committing the offense. If the offender cannot be located before the end of the forty-eight hour period as provided in this subsection, the forty-eight hour period is tolled until the offender is located by law enforcement. To obtain a court order, the solicitor must demonstrate the following, that the:


(1) victim or the victim's legal guardian requested the tests;


(2) offender has been charged with, indicted for, or waived indictment for an offense which involved the sexual penetration of the victim's body or that there is probable cause that during the commission of the criminal offense there was a risk that body fluids were transmitted from one person to another; and


(3) offender has received notice of the petition and notice of his right to have counsel represent him at a hearing.


The results of the tests must be kept confidential but disclosed to the solicitor who obtained the court order. As soon as practicable, the solicitor shall notify only those persons designated in subsection (C) of the results of the initial Hepatitis B and HIV tests and the results of any follow-up HIV tests.


(C) The tests must be administered by the Department of Health and Environmental Control through the local county health department or the medical professional at the state or local detention facility where the offender is imprisoned or detained. The solicitor shall notify the following persons of the tests results:


(1) the victim or the legal guardian of a victim who is a minor or is a person with intellectual disability or mentally incapacitated;


(2) the victim's attorney;


(3) the offender and a juvenile offender's parent or guardian; and


(4) the offender's attorney.


The results of the tests shall be provided to the designated recipients with the following disclaimer: “The tests were conducted in a medically approved manner, but tests cannot determine infection by Hepatitis B or HIV with absolute accuracy. Additionally, the testing does not determine exposure to, or infection by, other sexually transmitted diseases. Persons receiving the test results should continue to monitor their own health, seek retesting in approximately six months, and should consult a physician as appropriate”.


The solicitor also shall provide to the state or local correctional facility where the offender is imprisoned or detained and the Department of Health and Environmental Control the test results for HIV and Hepatitis B which indicate that the offender is infected with the disease. The state or local correctional facility where the offender is imprisoned or detained shall use this information solely for the purpose of providing medical treatment to the offender while the offender is imprisoned or detained. The State shall pay for the tests. If the offender is subsequently convicted or adjudicated delinquent, the offender or the parents of an adjudicated offender must reimburse the State for the costs of the tests unless the offender or the parents of the adjudicated offender are determined to be indigent.


If the tests given pursuant to this section indicate infection by Hepatitis B or HIV, the Department of Health and Environmental Control shall be provided with all test results and must provide counseling to the offender regarding the disease, syndrome, or virus. The Department of Health and Environmental Control must provide counseling for the victim, advise the victim of available medical treatment options, refer the victim to appropriate health care and support services, and, at the request of the victim or the legal guardian of a victim, test the victim for HIV and Hepatitis B and provide post-testing counseling to the victim.


(D) If deemed medically appropriate, the offender must undergo follow-up testing for HIV. The follow-up testing, and any counseling which may be ordered, shall be performed on dates that occur six weeks, three months, and six months following the initial test. Any follow-up testing shall be terminated if the offender obtains an acquittal on, dismissal of, or is not adjudicated delinquent for all charges for which testing was ordered.


(E) If, for any reason, the testing requested under subsection (B) has not been undertaken, upon request of the victim or the victim's legal guardian, the court shall order the offender to undergo testing for Hepatitis B and HIV following conviction or delinquency adjudication. The testing shall be administered by the Department of Health and Environmental Control through the local county health department or the medical professional at the state or local detention facility where the offender is imprisoned or detained. The results shall be disclosed in accordance with the provisions of subsection (C).


(F) Upon a showing of probable cause that the offender committed a crime, the collection of additional samples, including blood, saliva, head or pubic hair may be contemporaneously ordered by the court so that the State may conduct scientific testing, including DNA analysis. The results of the scientific testing, including DNA analysis, may be used for evidentiary purposes in any court proceeding.


(G) Any person or entity who administers tests ordered pursuant to this section and who does so in accordance with this section and accepted medical standards for the administration of these tests shall be immune from civil and criminal liability arising from his conduct.


(H) Any person who discloses information in accordance with the provisions of this section or who participates in any judicial proceeding resulting from the disclosure and who does so in good faith and without malice shall have immunity from civil or criminal liability that might otherwise be incurred or imposed in an action resulting from the disclosure.


(I) Results of tests performed pursuant to this section shall not be used as evidence in any criminal trial of the offender except as provided for in subsection (F).


CREDIT(S)


HISTORY: 1988 Act No. 490, § 17; 1994 Act No. 430, § 1; 2000 Act No. 218, § 1; 2009 Act No. 59, §§ 2, 3, eff June 2, 2009; 2010 Act No. 292, § 2, eff August 27, 2010; 2011 Act No. 36, § 1, eff June 7, 2011.



Current through End of 2012 Reg. Sess.




Code 1976 § 16-3-750


Effective: June 2, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-750. Request that victim submit to polygraph examination.


A law enforcement officer, prosecuting officer, or other governmental official may request that the victim of an alleged criminal sexual conduct offense as defined under federal or South Carolina law submit to a polygraph examination or other truth telling device as part of the investigation, charging, or prosecution of the offense if the credibility of the victim is at issue; however, the officer or official must not require the victim to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation, charging, or prosecution of the offense.


CREDIT(S)


HISTORY: 2009 Act No. 59, § 4, eff June 2, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-755


Effective: June 24, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 7. Assault and Criminal Sexual Conduct

§ 16-3-755. Sexual battery with a student.


(A) For purposes of this section:


(1) “Aggravated coercion” means that the person affiliated with a public or private secondary school in an official capacity threatens to use force or violence of a high and aggravated nature to overcome the student, if the student reasonably believes that the person has the present ability to carry out the threat, or threatens to retaliate in the future by the infliction of physical harm, kidnapping, or extortion, under circumstances of aggravation, against the student.


(2) “Aggravated force” means that the person affiliated with a public or private secondary school in an official capacity uses physical force or physical violence of a high and aggravated nature to overcome the student or includes the threat of the use of a deadly weapon.


(3) “Person affiliated with a public or private secondary school in an official capacity” means an administrator, teacher, substitute teacher, teacher's assistant, student teacher, law enforcement officer, school bus driver, guidance counselor, or coach who is affiliated with a public or private secondary school but is not a student enrolled in the school.


(4) “Secondary school” means either a junior high school or a high school.


(5) “Sexual battery” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.


(6) “Student” means a person who is enrolled in a school.


(B) If a person affiliated with a public or private secondary school in an official capacity engages in sexual battery with a student enrolled in the school who is sixteen or seventeen years of age, and aggravated coercion or aggravated force is not used to accomplish the sexual battery, the person affiliated with the public or private secondary school in an official capacity is guilty of a felony and, upon conviction, must be imprisoned for not more than five years.


(C) If a person affiliated with a public or private secondary school in an official capacity engages in sexual battery with a student enrolled in the school who is eighteen years of age or older, and aggravated coercion or aggravated force is not used to accomplish the sexual battery, the person affiliated with the public or private secondary school in an official capacity is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for thirty days, or both.


(D) If a person affiliated with a public or private secondary school in an official capacity has direct supervisory authority over a student enrolled in the school who is eighteen years of age or older, and the person affiliated with the public or private secondary school in an official capacity engages in sexual battery with the student, and aggravated coercion or aggravated force is not used to accomplish the sexual battery, the person affiliated with the public or private secondary school in an official capacity is guilty of a felony and, upon conviction, must be imprisoned for not more than five years.


(E) This section does not apply if the person affiliated with a public or private secondary school in an official capacity is lawfully married to the student at the time of the act.


CREDIT(S)


HISTORY: 2010 Act No. 265, § 1, eff June 24, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-800


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-800. Definitions.


As used in this article:


(1) “Sexual performance” means any performance or part thereof that includes sexual conduct by a child younger than eighteen years of age.


(2) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.


(3) “Performance” means any play, motion picture, photograph, dance, or other visual representation that is exhibited before an audience.


(4) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-810


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-810. Engaging child for sexual performance; penalty.


(a) It is unlawful for any person to employ, authorize, or induce a child younger than eighteen years of age to engage in a sexual performance. It is unlawful for a parent or legal guardian or custodian of a child younger than eighteen years of age to consent to the participation by the child in a sexual performance.


(b) Any person violating the provisions of subsection (a) of this section is guilty of criminal sexual conduct of the second degree and upon conviction shall be punished as provided in § 16-3-653.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-820


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-820. Producing, directing or promoting sexual performance by child; penalty.


(a) It is unlawful for any person to produce, direct, or promote a performance that includes sexual conduct by a child younger than eighteen years of age.


(b) Any person violating the provisions of subsection (a) of this section is guilty of criminal sexual conduct of the third degree and upon conviction shall be punished as provided in § 16-3-654.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-830


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-830. Reasonable belief as to majority of child as affirmative defense.


It is an affirmative defense to a prosecution under this article that the defendant, in good faith, reasonably believed that the person who engaged in the sexual conduct was eighteen years of age or older.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-840


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-840. Methods of judicial determination of age of child.


When it becomes necessary for the purposes of this article to determine whether a child who participated in sexual conduct was younger than eighteen years of age, the court or jury may make this determination by any of the following methods:


(1) personal inspection of the child;


(2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance;


(3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;


(4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or


(5) any other method authorized by law or by rules of evidence.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-850


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-850. Film processor or computer technician to report film or computer images containing sexually explicit pictures of minors.


Any retail or wholesale film processor or photo finisher who is requested to develop film, and any computer technician working with a computer who views an image of a child younger than eighteen years of age or appearing to be younger than eighteen years of age who is engaging in sexual conduct, sexual performance, or a sexually explicit posture must report the name and address of the individual requesting the development of the film, or of the owner or person in possession of the computer to law enforcement officials in the state and county or municipality from which the film was originally forwarded. Compliance with this section does not give rise to any civil liability on the part of anyone making the report.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 4; 2001 Act No. 81, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-910


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 9. Kidnapping and Human Trafficking

§ 16-3-910. Kidnapping.


Whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed thirty years unless sentenced for murder as provided in Section 16-3-20.


CREDIT(S)


HISTORY: 1962 Code § 16-91; 1952 Code § 16-91; 1942 Code § 1122; 1937 (40) 137; 1966 (54) 2151; 1974 (58) 2361; 1976 Act No. 684; 1991 Act No. 117, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-920


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 9. Kidnapping and Human Trafficking

§ 16-3-920. Conspiracy to kidnap.


If two or more persons enter into an agreement, confederation, or conspiracy to violate the provisions of Section 16-3-910 and any of such persons do any overt act towards carrying out such unlawful agreement, confederation, or conspiracy, each such person shall be guilty of a felony and, upon conviction, shall be punished in like manner as provided for the violation of Section 16-3-910.


CREDIT(S)


HISTORY: 1962 Code § 16-92; 1952 Code § 16-92; 1942 Code § 1122; 1937 (40) 137; 1991 Act No. 117, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-930


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 9. Kidnapping and Human Trafficking

§ 16-3-930. Repealed by 2012 Act No. 258, § 2, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1010


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1010. Failing to remove doors from abandoned airtight containers.


Any person who abandons or discards any icebox, refrigerator, ice chest or other type of airtight container of a capacity sufficient to contain any child and who neglects prior to such abandonment to remove the door, lid or other device for the closing thereof and any owner, lessee or other person in charge of property who knowingly permits any abandoned icebox, refrigerator, ice chest or other type of airtight container to remain thereon accessible to children without removing the door, lid or other closing device therefrom shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-94; 1954 (48) 1479.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1020


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1020. Maintaining open and unprotected abandoned wells.


It shall be unlawful for any owner or tenant to permit or allow any abandoned well to remain open and unprotected, curbed or fenced in on any place or premises owned or occupied in this State. Any person convicted of allowing any such abandoned well to remain open and unprotected, curbed or fenced in shall be fined in the sum of ten dollars or imprisoned not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-95; 1952 Code § 16-95; 1942 Code § 1189; 1932 Code § 1189; Cr. C. '22 § 80; Cr. C. '12 § 240; 1904 (24) 383.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1040


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1040. Threatening life, person or family of public official or public employee; punishment.


(A) It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities.


(B) It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities.


(C) A person who violates the provisions of subsection (A), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.


(D) A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.


(E) For purposes of this section:


(1) “Public official” means an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.


(2) “Public employee” means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a “public employee” does not include a teacher or principal of an elementary or secondary school.


(3) “Immediate family” means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee.


CREDIT(S)


HISTORY: 1982 Act No. 299; 1990 Act No. 579, § 8; 1998 Act No. 435, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1045


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1045. Use or employment of person under eighteen to commit certain crimes.


(A) It is unlawful for any person at least eighteen years of age to knowingly and intentionally:


(1) use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under eighteen years of age to commit a violent crime as defined in Section 16-1-60, the crime of lynching as a result of mob violence prohibited by Article 3, Chapter 3 of this title, or the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD;


(2) conspire to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under eighteen years of age to commit a violent crime as defined in Section 16-1-60, the crime of lynching as a result of mob violence prohibited by Article 3, Chapter 3 of this title, or the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD.


(B) Any person who violates subsections (A)(1) or (A)(2) is guilty of a felony and, upon conviction, must be punished by a term of imprisonment of not less than five years nor more than fifteen years. Each violation of this section constitutes a separate offense.


(C) The felonies established in this section are supplemental to and do not supersede any other provisions of law which make the conduct referred to in subsection (A) unlawful.


CREDIT(S)


HISTORY: 1996 Act No. 290, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1050


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1050. Failure to report, perpetrating or interfering with an investigation of abuse, neglect or exploitation of a vulnerable adult; penalties.


(A) A person required to report abuse, neglect, or exploitation of a vulnerable adult under Chapter 35 of Title 43 who has actual knowledge that abuse, neglect, or exploitation has occurred and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year. A person required to report abuse, neglect, or exploitation of a vulnerable adult under Chapter 35 of Title 43 who has reason to believe that abuse, neglect, or exploitation has occurred or is likely to occur and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is subject to disciplinary action as may be determined necessary by the appropriate licensing board.


(B) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.


(C) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully neglects a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.


(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution.


(E) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in great bodily injury is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.


(F) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in death is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.


(G) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years.


(H) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to Chapter 35 of Title 43, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned not more than three years.


As used in this section, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.


CREDIT(S)


HISTORY: 1999 Act No. 56, § 5.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1060


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1060. Receipt of compensation for relinquishing custody of child for adoption; penalty.


No person may sell or buy a minor child, or request, or accept, receive, or pay any fee, compensation, or any other thing of value as consideration for relinquishing the custody of a child for adoption. Provided, however, release or termination of prior support obligations shall not be construed as compensation or any other thing of value within the meaning of this section. However, reasonable costs may be assessed if they are reimbursements for expenses incurred or fees for services rendered, as provided for in Section 63-9-310(F). This section does not prohibit the assumption by a prospective adoptive parent of child support obligations previously established by the order of any court.


Any person violating the provisions of this section or the provisions of Section 63-9-310(F) is guilty of a felony and, upon conviction or plea of guilty, must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both, in the discretion of the court.


CREDIT(S)


HISTORY: 1984 Act No. 474, § 1; 1988 Act No. 653, § 18A.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1072


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1072. Reporting medical treatment for gunshot wound; immunity; physician-patient privilege abrogated; penalties.


(A) Any physician, nurse, or any other medical or emergency medical services personnel of a hospital, clinic, or other health care facility or provider who knowingly treats any person suffering from a gunshot wound or who receives a request for such treatment shall report within a reasonable time the existence of the gunshot wound to the sheriff's department of the county in which the treatment is administered or a request is received. However, no report is necessary if a law enforcement officer is present with the victim while treatment is being administered.


(B) The reports provided for in subsection (A) may be made orally, or otherwise. A hospital, clinic, or other health care facility or provider may designate an individual to make the reports provided for in this section. However, a report must be made as soon as possible, but no later than the time of the victim's release from that facility.


(C) A person required to make a report pursuant to this section or who participates in judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil and criminal proceedings, good faith is rebuttably presumed.


(D) For purposes of this section, the confidential or privileged nature of communication between physician and patient and any other professional person and his patient or client is abrogated and does not constitute grounds for failure to report or the exclusion of evidence resulting from a report made pursuant to this section.


(E) A person required to report the existence of a gunshot wound who knowingly fails to do so is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars.


CREDIT(S)


HISTORY: 1999 Act No. 69, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1075


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1075. Felony of carjacking; penalties.


(A) For purposes of this section, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.


(B) A person is guilty of the felony of carjacking who takes, or attempts to take, a motor vehicle from another person by force and violence or by intimidation while the person is operating the vehicle or while the person is in the vehicle. Upon conviction for this offense, a person must:


(1) be imprisoned not more than twenty years; or


(2) if great bodily injury results, be imprisoned not more than thirty years.


CREDIT(S)


HISTORY: 1993 Act No. 163, § 1; 1998 Act No. 402, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1080


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1080. Committing or attempting to commit a violent crime while wearing body armor a felony.


(A) Except as provided in subsection (B), a person who commits or attempts to commit a violent crime, as defined in Section 16-1-60 , or threatens to commit a violent crime, as defined in Section 16-1-60, while wearing body armor is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both. A term of imprisonment imposed for violating this section may be served consecutively to any term of imprisonment imposed for the crime committed or attempted.


(B) Subsection (A) does not apply to:


(1) a peace officer of this State or another state, or of a local unit of government of this State or another state, or of the United States, while in the performance of his official duties; or


(2) a security officer while in the performance of his official duties.


(C) As used in this section:


(1) “Body armor” means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm;


(2) “Security officer” means a person lawfully employed to protect another person or to protect the property of another person.


CREDIT(S)


HISTORY: 2001 Act No. 100, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1083


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1083. Death or injury of child in utero due to commission of violent crime.


(A)(1) A person who commits a violent crime, as defined in Section 16-1-60, that causes the death of, or bodily injury to, a child who is in utero at the time that the violent crime was committed, is guilty of a separate offense under this section.


(2)(a) Except as otherwise provided in this subsection, the punishment for a separate offense, as provided for in subsection (A)(1), is the same as the punishment provided for that criminal offense had the death or bodily injury occurred to the unborn child's mother.


(b) Prosecution of an offense under this section does not require proof that:


(i) the person committing the violent offense had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or


(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.


(c) If the person engaging in the violent offense intentionally killed or attempted to kill the unborn child, that person must, instead of being punished under subsection (A)(2)(a), be punished for murder or attempted murder.


(d) Notwithstanding any provision of this section or any other provision of law, the death penalty must not be imposed for an offense prosecuted under this section.


(B) Nothing in this section may be construed to permit the prosecution under this section:


(1) of a person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;


(2) of a person for any medical treatment of the pregnant woman or her unborn child; or


(3) of a woman with respect to her unborn child.


(C) As used in this section, the term “unborn child” means a child in utero, and the term “child in utero” or “ child who is in utero” means a member of the species homo sapiens, at any state of development, who is carried in the womb.


(D) Nothing in this section shall be construed to broaden or restrict any other rights currently existing for the child who is in utero.


CREDIT(S)


HISTORY: 2006 Act No. 325, § 2, eff June 2, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1085


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1085. Violent offender prohibited from purchasing, owning, or using body armor; exceptions.


(A) Except as otherwise provided in this section, it is unlawful for a person who has been convicted of a violent crime, as defined in Section 16-1-60, to purchase, own, possess, or use body armor.


(B)(1) A person who has been convicted of a violent crime whose employment, livelihood, or safety is dependent on his ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he resides or, if he does not reside in a local unit of government that has a police department, he may petition the county sheriff for written permission to purchase, own, possess, or use body armor.


(2) The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions the chief of police or county sheriff under subsection (B)(1) written permission to purchase, own, possess, or use body armor as provided in this section if the chief of police or county sheriff determines that the petitioner:


(a) is likely to use body armor in a safe and lawful manner; and


(b) has reasonable need for the protection provided by body armor.


(3) In making the determination required under subsection (B)(1), the chief of police or county sheriff must consider:


(a) the petitioner's continued employment;


(b) the interests of justice; and


(c) other circumstances justifying issuance of written permission to purchase, own, possess, or use body armor.


(4) The chief of police or county sheriff may restrict written permission issued to a petitioner under this section in any manner determined appropriate by that chief of police or county sheriff. If permission is restricted, the chief of police or county sheriff must state the restrictions in the permission document.


(5) Chiefs of police and county sheriffs must exercise broad discretion in determining whether to issue written permission to purchase, own, possess, or use body armor under this section. However, nothing in this section requires a chief of police or county sheriff to issue written permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use body armor under this section does not relieve any person or entity from criminal liability that might otherwise be imposed.


(6) A person who receives written permission from a chief of police or county sheriff to purchase, own, possess, or use body armor must have the written permission in his possession when he is purchasing, owning, possessing, or using body armor.


(C) A law enforcement agency may issue body armor to a person who is in the custody of a law enforcement agency or a local or state correctional facility or who is a witness to a crime for his protection without a petition being filed under subsection (B). If the law enforcement agency issues body armor to a person under this subsection, the law enforcement agency must document the reasons for issuing the body armor and retain a copy of that document as an official record. The law enforcement agency must issue written permission to the person to possess and use body armor under this section.


(D) A person who violates this section is guilty of:


(1) a felony for a violation of subsection (A) and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both;


(2) a misdemeanor for a violation of subsection (B)(6) and, upon conviction, must be imprisoned not more than ninety days or fined not more than one hundred dollars, or both.


(E) As used in this section “body armor” means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm.


CREDIT(S)


HISTORY: 2001 Act No. 100, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1090


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 11. Miscellaneous Offenses

§ 16-3-1090. Assisted suicide; penalties; injunctive relief.


(A) As used in this section:


(1) “Licensed health care professional” means a duly licensed physician, surgeon, podiatrist, osteopath, osteopathic physician, osteopathic surgeon, physician assistant, nurse, dentist, or pharmacist.


(2) “Suicide” means the act or instance of taking one's life voluntarily and intentionally.


(B) It is unlawful for a person to assist another person in committing suicide. A person assists another person in committing suicide if the person:


(1) by force or duress intentionally causes the other person to commit or attempt to commit suicide; or


(2) has knowledge that the other person intends to commit or attempt to commit suicide and intentionally:


(a) provides the physical means by which the other person commits or attempts to commit suicide; or


(b) participates in a physical act by which the other person commits or attempts to commit suicide.


(C) None of the following may be construed to violate subsection (B):


(1) the withholding or withdrawing of a life sustaining procedure or compliance with any other state or federal law authorizing withdrawal or refusal of medical treatments or procedures;


(2) the administering, prescribing, or dispensing of medications or procedures, by or at the direction of a licensed health care professional, for the purpose of alleviating another person's pain or discomfort, even if the medication or procedure may increase the risk of death, as long as the medication or procedure is not also intentionally administered, prescribed, or dispensed for the purpose of causing death, or the purpose of assisting in causing death, for any reason; or


(3) the administering, prescribing, or dispensing of medications or procedures to a patient diagnosed with a medical condition that includes an element of suicidal ideation, even if the medication or procedure may increase the risk of death, as long as the medication or procedure is not also intentionally administered, prescribed, or dispensed for the purpose of causing death, or the purpose of assisting in causing death, for any reason.


(D) Subsection (C) must not be construed to affect the duty of care or legal requirements other than those in this section concerning acts or omissions under subsection (C).


(E) A person who violates subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years or fined not more than one hundred thousand dollars, or both.


(F) Injunctive relief may be sought against a person who it is reasonably believed is about to violate or who is in the course of violating subsection (B) by a person who is:


(1) the spouse, parent, child, or sibling of the person who would commit suicide;


(2) entitled to inherit from the person who would commit suicide;


(3) a current or former health care provider of the person who would commit suicide;


(4) a legally appointed guardian or conservator of the person; or


(5) a public official with the appropriate jurisdiction to prosecute or enforce the laws of this State.


An injunction shall legally prevent the person from assisting any suicide in this State regardless of who is being assisted.


(G) The licensing agency which issued a license or certification to a licensed health care professional who assists in a suicide in violation of subsection (B) shall revoke or suspend the license or certification of that person upon receipt of a copy of the record of:


(1) a criminal conviction, plea of guilty, or plea of nolo contendere for the violation of subsection (B); or


(2) a judgment of contempt of court for violating an injunction issued under subsection (F).


CREDIT(S)


HISTORY: 1998 Act No. 398, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1110


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1110. Definitions.


For the purpose of this article and Articles 14 and 15 of this chapter:


(1) “Board” means the South Carolina Crime Victim's Advisory Board.


(2) “Claimant” means any person filing a claim pursuant to this article.


(3) “Fund” means the South Carolina Victim's Compensation Fund, which is a division of the Office of the Governor.


(4) “Director” means the Director of the Victim's Compensation Fund who is appointed by the Governor. The director shall be in charge of the State Office of Victim's Assistance which is part of this division under the supervision of the Governor.


(5) “Field representative” means a field representative of the State Victim's Compensation Fund assigned to handle a claim.


(6) “Crime” means an act which is defined as a crime by state, federal, or common law, including terrorism as defined in Section 2331 of Title 18, United States Code. Unless injury or death was recklessly or intentionally inflicted, “crime” does not include an act involving the operation of a motor vehicle, boat, or aircraft.


(7) “Recklessly or intentionally” inflicted injury or death includes, but is not limited to, injury or death resulting from an act which violates Sections 56-5-1210, 56-5-2910, 56-5-2920, or 56-5-2930 or from the use of a motor vehicle, boat, or aircraft to flee the scene of a crime in which the driver of the motor vehicle, boat, or aircraft knowingly participated.


(8) “Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor.


(9) “Intervenor” means a person other than a law enforcement officer performing normal duties, who goes to the aid of another, acting not recklessly, to prevent the commission of a crime or lawfully apprehend a person reasonably suspected of having committed a crime.


(10) “Deputy director” means the Deputy Director of the Victim's Compensation Fund.


(11) “Panel” means a three-member panel of the board designated by the board chairman to hear appeals.


(12)(a) “Restitution” means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:


(i) medical and psychological counseling expenses;


(ii) specific damages and economic losses;


(iii) funeral expenses and related costs;


(iv) vehicle impoundment fees;


(v) child care costs; and


(vi) transportation related to a victim's participation in the criminal justice process.


Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium.


Restitution orders do not limit any civil claims a crime victim may file.


Notwithstanding any other provision of law, the applicable statute of limitations for a crime victim, who has a cause of action against an incarcerated offender based upon the incident which made the person a victim, is tolled and does not expire until three years after the offender's release from the sentence including probation and parole time or three years after release from commitment pursuant to Chapter 48 of Title 44, whichever is later. However, this provision shall not shorten any other tolling period of the statute of limitations which may exist for the crime victim.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1988 Act No. 405, § 1; 1993 Act No. 181, § 271; 1996 Act No. 437, § 6; 1997 Act No. 45, § 1; 1998 Act No. 321, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1120


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1120. Director of Victim's Compensation Fund; powers and duties.


A director of the Victim's Compensation Fund must be appointed by the Governor and shall serve at his pleasure. The director is responsible for administering the provisions of this article. Included among the duties of the director is the responsibility, with approval of the South Carolina Crime Victim's Advisory Board as established in this article, for developing and administering a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for the benefits.


The director, upon approval by the South Carolina Crime Victim's Advisory Board, has the following additional powers and duties:


(1) to appoint a deputy director of the Victim's Compensation Fund, and staff necessary for the operation thereof, and to contract for services. The director shall recommend the salary for the deputy director and other staff members, as allowed by statute or applicable law;


(2) the board shall promulgate regulations to carry out the provisions and purposes of this article and Article 14 of this chapter. Regulations pertaining to this article and Article 14 of this chapter in effect on July 1, 1993, shall remain in full force and effect until otherwise amended as provided by law;


(3) to request from the Attorney General, South Carolina Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments, and any other agency or department such assistance and data as will enable the director to determine whether, and the extent to which, a claimant qualifies for awards. Any person, agency, or department listed above is authorized to provide the director with the information requested upon receipt of a request from the director. Any provision of law providing for confidentiality of juvenile records does not apply to a request of the deputy director, the director, the board, or a panel of the board pursuant to this section;


(4) to reinvestigate or reopen previously decided award cases as the deputy director considers necessary;


(5) to require the submission of medical records as are needed by the board, a panel of the board, or deputy director or his staff and, when necessary, to direct medical examination of the victim;


(6) to take or cause to be taken affidavits or depositions within or without the State. This power may be delegated to the deputy director or the board or its panel;


(7) to render each year to the Governor and to the General Assembly a written report of the activities of the Victim's Compensation Fund pursuant to this article;


(8) to delegate the authority to the deputy director to reject incomplete claims for awards or assistance;


(9) to render awards to victims of crime or to those other persons entitled to receive awards in the manner authorized by this article. The power may be delegated to the deputy director;


(10) to apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime;


(11) to delegate to the board or a panel of the board on appeal matters any power of the director or deputy director.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1988 Act No. 658, Part II, § 16; 1993 Act No.181, § 272.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1130


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1130. Claims; assignment to field representative; investigation and reports.


(1) A claim, once accepted for filing and completed, must be assigned to a field representative. The field representative shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include but not be limited to an examination of police, court, and official records and reports concerning the crime and an examination of medical and hospital reports relating to the injury upon which the claim is based. All claims arising from the death of an individual as a direct result of a crime must be considered together by a single field representative.


(2) Claims must be investigated and determined, regardless of whether the alleged criminal has been apprehended, prosecuted, or convicted of any crime based upon the same incident or whether the alleged criminal has been acquitted or found not guilty of the crime in question.


(3) The field representative conducting the investigation shall file with the deputy director a written report setting forth a recommendation and his reason for the recommendation. The deputy director shall render a written decision and furnish the claimant with a copy of the decision.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1989 Act No. 181, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1140


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1140. Application for review of decision; appeals; subpoenas; report on review.


(1) The claimant may, within thirty days after receipt of the report of the decision of the Deputy Director, make an application in writing to the Deputy Director for review of the decision.


(2) Upon receipt of an application for review pursuant to subsection (1) of this section, the Deputy Director shall forward all relevant documents and information to the Chairman of the Crime Victim's Advisory Board. The Chairman shall appoint a three-member panel of the Board which shall review the records and affirm or modify the decision of the Deputy Director; provided, that the Chairman may order, in his discretion, that any particular case must be heard by the full Board. If considered necessary by the Board or its panel or if requested by the claimant, the Board or its panel shall order a hearing prior to rendering a decision. At the hearing any relevant evidence, not legally privileged, is admissible. The Board or its panel shall render a decision within ninety days after completion of the investigation. The action of the Board or its panel is final and nonappealable. If the Deputy Director receives no application for review pursuant to subsection (1), his decision becomes the final decision of the Victim's Compensation Fund.


(3) The Board or its panel, for purposes of this article, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.


(4) The Deputy Director shall within ten days after receipt of the Board's or panel's final decision make a report to the claimant including a copy of the final decision and the reasons why the decision was made.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1150


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1150. Emergency awards.


Notwithstanding the provisions of § 16-3-1130, if it appears to the deputy director that the claim is one with respect to which an award probably will be made and undue hardship will result to the claimant, if immediate payment is not made, the deputy director may make one or more emergency awards to the claimant pending a final decision in the case, provided that (a) the amount of each emergency award shall not exceed five hundred dollars, (b) the total amount of such emergency awards shall not exceed one thousand dollars, (c) the amount of such emergency awards must be deducted from any final award made to the claimant, and (d) the excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, must be repaid by the claimant to the Victim's Compensation Fund as created by this article.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1986 Act No. 540, Part II, § 27A.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1160


Effective: June 4, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1160. South Carolina Crime Victim's Advisory Board; appointments; term of office; vacancies in office; meetings; subsistence, mileage, and per diem.


There is created a board to be known as the South Carolina Crime Victim's Advisory Board to consist of eleven members to be appointed by the Governor. Of the original seven members, at least two of the members shall have been admitted to practice law in this State for not less than five years next preceding their appointment, one member shall be a physician licensed to practice medicine under the laws of this State, and one member shall have at least four years' administrative experience in a court-related Victim's Assistance Fund, provided that such a qualified person is available. Of the four additional members, one must be a law enforcement officer with at least five years' administrative experience, one shall have at least five years' experience in directing sexual assault prevention or treatment services, one shall have at least five years' experience in providing services for domestic violence victims, and one shall have been a victim of crime.


The term of office of each appointed member is five years and until his successor is appointed and qualified. Of those seven members first appointed, two shall serve for a term of one year, two for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, with the initial terms to be designated by the Governor when making the initial appointments. The initial terms of four additional members to be appointed as provided herein are for two, three, four, and five years, respectively, the initial term of each member to be designated by the Governor when making the appointment. The Governor shall select a chairman. The board may elect a secretary and other officers as deemed necessary.


Any vacancy must be filled for the remainder of the unexpired term by appointment in the same manner of the initial appointments.


The board shall meet at least twice each year and must be subject to the call of the chairman, to consider improvements in and monitor the effectiveness of the Victim's Compensation Fund, and to review and comment on the budget and approve the regulations pertaining to the Victim's Compensation Fund of this article and the Victim/Witness Assistance Program of Article 14 of this chapter. The members of the board shall receive the same subsistence, mileage, and per diem as is provided by law for members of state boards, committees, and commissions, to be paid from the Victim's Compensation Fund as created by this article.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 2008 Act No. 273, § 4, eff June 4, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1170


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1170. Basis for award.


(A) No award may be made unless:


(1) a crime was committed;


(2) the crime directly resulted in physical or psychic trauma to the victim;


(3) the crime was promptly reported to the proper authority and recorded in police records; and


(4) the claimant or other award recipient has fully cooperated with all law enforcement agencies and with the South Carolina Victim's Compensation Fund.


(B) For the purposes of item (3) of subsection (A), a crime reported more than forty-eight hours after its occurrence is not “promptly reported”, absent a showing of special circumstances or causes which justify the delay.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1988 Act No. 405, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1180


Effective: January 1, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1180. Amount of award; apportionment among multiple claimants; rejection of application for award.


(A) An award may be made for:


(1) reasonable and customary charges as periodically determined by the board for medical services, including mental health counseling, required and rendered as a direct result of the injury on which the claim is based, as long as these services are rendered by a licensed professional. Payment for mental health counseling is limited to the number of sessions during a one hundred eighty-day period beginning on the date of the first counseling session or twenty sessions, whichever is greater. Upon recommendation of the director, the board may allow victims who max out the current benefit of twenty mental health counseling sessions to request up to an additional twenty sessions for a total of forty sessions;


(2) reasonable and customary charges as periodically determined by the board for other services required and rendered as a direct result of the injury upon which the claim is based, as long as the service is rendered by a professional or paraprofessional who holds a license, certificate, or other documentary evidence of specific training and qualification in a field of service which, by regulation, the board recognizes as a service required by and beneficial to crime victims;


(3) loss of earning or support, provided that:


(a) claimant is deprived of that income for at least two consecutive weeks;


(b) the loss is not reimbursable;


(c) the amount may not exceed the maximum rate provided in Section 42-1-50;


(d) conditions (a), (b), and (c) may be waived in severe hardship cases;


(4) reasonable and customary charges for employment-oriented retraining or rehabilitative services incurred as a direct result of the injury; and


(5) burial expenses not to exceed four thousand dollars.


(B) If there are two or more family members as specified in Section 16-3-1210(c) who are entitled to an award as a result of the death of a person, the award must be apportioned among the claimants; however, the amount awarded for burial expenses must be paid to or on behalf of the person who has paid or is responsible for that expense.


(C) The aggregate of award to and on behalf of victims may not exceed fifteen thousand dollars unless the Crime Victim's Advisory Board, by two-thirds vote, and the director concur that extraordinary circumstances exist. In this case, the award may not exceed twenty-five thousand dollars.


(D) An award may be made only if and to the extent that the amount of compensable loss exceeds one hundred dollars; however, this limitation may be waived in the interest of justice and must be waived upon a showing that the claimant is at least sixty-five years old.


(E) A previously decided award may be reopened for the purpose of increasing the compensation previously awarded, subject to the maximum provided in this article. In this case the State Office of Victim Assistance shall send immediately to the claimant a copy of the notice changing the award. This review may not affect the award as regards any monies paid, and the review may not be made after eighteen months from the date of the last payment of compensation pursuant to an award under this article unless the director determines there is a need to reopen the case as specified in Section 16-3-1120(4).


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1986 Act No. 540, Part II, §§ 27B, 2C; 1988 Act No. 406; 1990 Act No. 480, § 1; 1991 Act No. 144, § 1; 1995 Act No. 83, § 12; 1996 Act No. 458, Part II, § 51A; 2008 Act No. 271, § 1, eff January 1, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1190


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1190. Reduction of award.


Any award made pursuant to this article may be reduced by or set off by the amount of any payments received or to be received as a result of the injury (a) from or on behalf of the person who committed the crime, (b) from any other private or public source, including an award of workers' compensation pursuant to the laws of this State or (c) as an emergency award pursuant to § 16-3-1150; provided, that private sources shall not include contributions received from family members, or persons or private organizations making charitable donations to a victim.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1200


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1200. Conduct of victim or intervenor contributing to infliction of injury; reduction of award; rejection of claim.


In determining the amount of an award, the Deputy Director, the Board, or its panel shall determine whether because of his conduct the victim or intervenor of such crime contributed to the infliction of his injury, and the Deputy Director, the Board, or its panel may reduce the amount of the award or reject the claim altogether in accordance with such determination; provided, however, the Deputy Director, the Board, or its panel may disregard for this purpose the contribution of an intervenor for his own injury or death where the record shows that the contribution was attributable to efforts by the intervenor as set forth in subsection (8) of § 16-3-1110.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1210


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1210. Persons eligible for award.


Except as provided in Section 16-3-1220, a victim, surviving spouse, or a parent or legally dependent child of a victim is entitled to file for benefits under this article if either:


(a) the offense was committed in this State; or


(b) the victim was a resident of this State when the crime was committed in either another state or outside the United States if the crime is terrorism. In either case the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim; or


(c) the victim was a resident of this State when the offense was committed in another state. In any case, the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim.


A surviving spouse, parent, or legally dependent child is not entitled to file for benefits under this section if that person is the subject of an investigation, has been charged with, convicted of, or pled guilty or nolo contendere to the offense in question, or acted on behalf of the suspect, juvenile offender, or defendant.


CREDIT(S)


HISTORY: 1982 Act No. 455 § 2. 1984 Act No. 489, § 1; 1989 Act No. 181, § 2; 1997 Act No. 45, § 2; 1997 Act No. 141, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1220


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1220. Persons ineligible for award.


A person listed in Section 16-3-1210(1) is not eligible to recover under this article if the person:


(1) committed or aided in the commission of the crime upon which the claim is based or engaged in other unlawful activity which contributed to or aggravated the resulting injury;


(2) is the surviving parent, spouse, or dependent of a deceased victim who would have been barred by subsection (1) had he survived;


(3) is a dependent of the offender who committed the crime upon which the claim is based, and the offender would be a principal beneficiary of the award.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2. 1984 Act No. 489, § 1; 1989 Act No. 181, § 3; 1991 Act No. 144, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1230


Effective: January 1, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1230. Claim filed on behalf of minor or incompetent; time limitations.


(1) A claim may be filed by a person eligible to receive an award, as provided in Section 16-3-1210 , or, if the person is an incompetent or a minor, by his parent or legal guardian or other individual authorized to administer his affairs.


(2) A claim must be filed by the claimant not later than one hundred eighty days after the latest of the following events:


(a) the occurrence of the crime upon which the claim is based;


(b) the death of the victim;


(c) the discovery by the law enforcement agency that the occurrence was the result of crime; or


(d) the manifestation of a mental or physical injury is diagnosed as a result of a crime committed against a minor.


(3) Upon good cause shown, the time for filing may be extended for a period not to exceed four years after the occurrence, diagnosed manifestation, or death. “Good cause” for the above purposes includes reliance upon advice of an official victim assistance specialist who either misinformed or neglected to inform a victim of rights and benefits of the Victim's Compensation Fund but does not mean simply ignorance of the law.


(4) Claims must be filed in the office of the director by conventional mail, facsimile, in person, or through another electronic submission mechanism approved by the director. The director shall accept for filing all claims submitted by persons eligible pursuant to subsection (1) and meeting the requirements as to the form of the claim contained in the regulations of the board.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1989 Act No. 181, § 4; 2006 Act No. 380, § 5, eff upon approval (became law without the Governor's signature on June 14, 2006); 2008 Act No. 271, § 2, eff January 1, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1240


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1240. Disclosure of records as to claims; confidentiality; applicability of Freedom of Information Act.


It is unlawful, except for purposes directly connected with the administration of the victim's compensation program, for any person to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in or acquiesce in the use of any list, or names of, or information concerning persons applying for or receiving awards hereunder without the written consent of the applicant or recipient. The records, papers, files, and communications of the Board, its panel and the Director and his staff must be regarded as confidential information and privileged and not subject to disclosure under the Freedom of Information Act as contained in Chapter 3 of Title 30.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1250


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1250. Subrogation of State to right of action accruing to claimant, victim, or intervenor.


Payment of an award pursuant to this article subrogates the State to the extent of the payment to any right of action accruing to the claimant or to the victim or intervenor to recover losses resulting from the crime with respect to which the award is made, except that subrogation shall not reduce the financial recovery by the victim, claimant, or intervenor to less than one hundred percent of actual losses or expenses. The subrogation amount must be reduced if there is a jury award or judicial award in a bench trial, which results in a loss to the victim, claimant, or intervenor. Subrogation shall not be reduced if the action is terminated other than by a jury award or judicial award in a bench trial.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1996 Act No. 458, Part II, § 51B.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1260


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1260. Reimbursement of State by convicted person for payment by State Office of Victim Assistance.


(1) A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article creates a debt due and owing to the State by a person as determined by a court of competent jurisdiction of this State, who has committed the criminal act.


(2) The Circuit Court, when placing on probation a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may set the schedule or amounts of payments subject to modification based on change of circumstances.


(3) The Department of Probation, Parole, and Pardon Services shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole or community supervision.


(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments ordered may be made a condition of probation as provided in Section 63-19-1410.


(5) Payments authorized or required under this section must be paid to the State Office of Victim Assistance. The Director of the State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the Department of Juvenile Justice, the South Carolina Office of Court Administration, the Department of Probation, Parole, and Pardon Services, and the South Carolina Board of Probation, Parole, and Pardon Services to assure that victim restitution programs are administered in an effective manner to increase payments into the State Office of Victim Assistance.


(6) Restitution payments to the State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders' wages must not be used for this purpose if monthly wages are at or below minimums required to purchase basic necessities.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1995 Act No. 83, § 13.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1270


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1270. Restitution by offender; lien against offender; filing of lien.


If a person is unable at the time of sentencing or at any other time the court may set to pay a restitution charge imposed by the court pursuant to §§ 24-23-210 through 24-23-230, such restitution charge shall constitute a lien against the offender and against any real or personal property of the offender. A restitution charge shall not constitute a lien if it is waived by the Director pursuant to § 24-23-210. Such lien may be filed by the Attorney General in the respective offices of the clerks of court and registers of deeds of this State in the same manner state tax liens are filed and may be enforced and collected by the Attorney General in the same manner state tax liens are enforced and collected.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1997 Act No. 34, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1280


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1280. False claim; penalties.


Any person who knowingly makes a false claim or a false statement in connection with any claim hereunder is guilty of a misdemeanor and upon conviction must be punishable by a fine of not less than five hundred dollars or by a term of imprisonment for not less than one year, or both, and shall further forfeit all money received hereunder, if any.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1290


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1290. State Office of Victim Assistance; payment of claims, expenses and administrative costs.


(1) There is hereby created a special fund to be known as the Victim's Compensation Fund for the purpose of providing for the payment of all necessary and proper expenses incurred by the operation of the Victim's Compensation Fund and the payment of claims. The State Treasurer is the custodian of the fund and all monies in the fund are held by the State Treasurer.


(2) The funds placed in the Victim's Compensation Fund shall consist of all money appropriated by the General Assembly, if any, for the purpose of compensating claimants under this article and money recovered on behalf of the State pursuant to this article by subrogation or other action, recovered by court order, received from the federal government, received from additional court costs, received from assessments or fines, or received from any other public or private source, pursuant to this article.


(3) All administrative costs of this article, except the Director's salary, must be paid out of money collected pursuant to this article which has been deposited in the Victim's Compensation Fund.


(4) Interest earned on all monies held in the Victim's Compensation Fund shall be remitted to the general fund of the State.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1984 Act No. 512, Part II, § 73.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1300


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1300. Payment of award; exemption from garnishment, execution, or attachment.


Any award made under this article must be paid in accordance with the discretion and decision of the Deputy Director as to the manner of payment, subject to the regulations of the board and not inconsistent with the Board's or panel's award. No award made pursuant to this article is subject to garnishment, execution, or attachment other than for expenses resulting from the injury which is the basis for the claim. In every case providing for an award to a claimant under this article, the Deputy Director, the Board or its panel may, if in its opinion the facts and circumstances of the case warrant it, convert the award to be paid into a partial or total lump sum, without discount.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1310


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1310. Payment of award to victim or intervenor confined in correctional facility.


No award of any kind must be made under this article to a victim or intervenor injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1320


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1320. Payment of award as not constituting ordinary income for tax purposes.


An award made pursuant to this article shall not constitute a payment which is treated as ordinary income under either the provisions of Chapter 7 of Title 12 of the 1976 Code, or to the extent lawful, under the United States Internal Revenue Code.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1330


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1330. Insufficient funds for payment of claims.


When the director determines that projected revenue in any fiscal year will be insufficient to pay projected claims or awards in the amounts provided herein, he shall reduce the amount of all claims or awards by an amount equal to the ratio of projected revenue to the total projected claims or awards cost. When these reductions are required, the director shall inform the public through the media of the reductions as promptly as possible. The reductions apply to all claims or awards not paid as of the effective date of the reductions order.


Any award hereunder is specifically not a claim against the State if it cannot be paid due to a lack of funds in the Victim's Compensation Fund.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1988 Act No. 367, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1340


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1340. Attorney for claimant; fees; attorney for State Office of Victim Assistance; soliciting employment to pursue claim or award; penalties.


A claimant may be represented by an attorney in proceedings under this article. Fees for such attorney must be paid from the Victim's Compensation Fund, subject to the approval of the Director, except that in the event of an appeal pursuant to § 16-3-1140, attorneys' fees are subject to the approval of the Board or its panel hearing the appeal. Attorneys for the South Carolina State Accident Fund shall represent the South Carolina Victim's Compensation Fund in proceedings under this article.


Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the Deputy Director, or who makes it a business to solicit employment for a lawyer or for himself in respect to any claim or award for compensation is guilty of a misdemeanor and, upon conviction must for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment.


CREDIT(S)


HISTORY: 1982 Act No. 455, § 2; 1984 Act No. 489, § 1; 1993 Act No. 181, § 996.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1350


Effective: June 2, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1350. Medicolegal examinations for victims of criminal sexual conduct or child sex abuse.


(A) The State must ensure that a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse must not bear the cost of his or her routine medicolegal exam following the assault.


(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division, the South Carolina Hospital Association, and the Governor's Office Division of Victim Assistance with production costs to be paid from funds appropriated for the Victim's Compensation Fund. These exams must include treatment for sexually transmitted diseases, and must include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division must distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency immediately must transport the victim to the nearest licensed health care facility which performs sexual assault exams. A health care facility providing sexual assault exams must use the standardized protocol described in this subsection.


(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in subsection (B) performed on a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund if the offense occurred in South Carolina. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel must obtain information necessary for the claim at the time of the exam, if possible. The South Carolina Crime Victim's Compensation Fund must reimburse eligible health care facilities directly.


(D) The Governor's Office Division of Victim Assistance must utilize existing funds appropriated from the general fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. When the director determines that projected reimbursements in a fiscal year provided in this section exceed funds appropriated for payment of these reimbursements, he must direct the payment of the additional services from the Victim's Compensation Fund. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund must develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities.


CREDIT(S)


HISTORY: 1997 Act No. 141, § 1; 2009 Act No. 59, § 5, eff June 2, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1360


Effective: June 11, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 13. Compensation of Victims of Crime

§ 16-3-1360. Debt collection activities prohibited until award is made or denied; suspension of statute of limitations; definition.


(A) When a person files a claim pursuant to this article, a health care provider that has received written notice of a pending claim is prohibited from all debt collection activities relating to medical and psychological treatment received by the person in connection with the claim until an award is made on the claim or the claim is determined to be noncompensable and is denied, or ninety days have passed after the health care provider first received notice of a pending claim. The statute of limitations for collection of the debt is suspended during the period in which the applicable health care provider is required to refrain from debt collection activities.


(B) For purposes of this section, “debt collection activities” means repeatedly calling or writing to the claimant and threatening to turn the matter over to a debt collection agency or to an attorney for collection, enforcement, or filing of other process. The term does not include routine billing or inquiries about the status of the claim.


CREDIT(S)


HISTORY: 2010 Act No. 241, § 1, eff June 11, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1400


Effective: August 27, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 14. Victim Assistance Program

§ 16-3-1400. Definitions.


For purposes of this article:


(1) “Victim service provider” means a person:


(a) who is employed by a local government or state agency and whose job duties involve providing victim assistance as mandated by South Carolina law; or


(b) whose job duties involve providing direct services to victims and who is employed by an organization that is incorporated in South Carolina, holds a certificate of authority in South Carolina, or is registered as a charitable organization in South Carolina, and the organization's mission is victim assistance or advocacy and the organization is privately funded or receives funds from federal, state, or local governments to provide services to victims.


“Victim service provider” does not include a municipal court judge, magistrates court judge, circuit court judge, special circuit court judge, or family court judge.


(2) “Witness” means a person who has been or is expected to be summoned to testify for the prosecution or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding is commenced.


CREDIT(S)


HISTORY: 1984 Act No. 489, § 2; 1988 Act No. 405, § 3; 2008 Act No. 271, § 3, eff January 1, 2009; 2010 Act No. 293, § 1, eff August 27, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1410


Effective: January 1, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 14. Victim Assistance Program

§ 16-3-1410. Victim assistance services; membership of Victim Services Coordinating Council.


(A) The Victim Compensation Fund is authorized to provide the following victim assistance services, contingent upon the availability of funds:


(1) provide information, training, and technical assistance to state and local agencies and groups involved in victim and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters;


(2) provide recommendations to the Governor and General Assembly on needed legislation and services for victims;


(3) serve as a clearinghouse of victim information;


(4) develop ongoing public awareness and programs to assist victims, such as newsletters, brochures, television and radio spots and programs, and news articles;


(5) provide staff support for a Victim Services Coordinating Council representative of all agencies and groups involved in victim and domestic violence services to improve coordination efforts, suggest policy and procedural improvements to those agencies and groups as needed, and recommend needed statutory changes to the General Assembly; and


(6) coordinate the development and implementation of policy and guidelines for the treatment of victims with appropriate agencies.


(B) The Victim Services Coordinating Council shall consist of the following twenty-two members:


(1) the director of the State Office of Victim Assistance, or his designee;


(2) the director of the South Carolina Department of Probation, Parole and Pardon Services, or his designee;


(3) the director of the South Carolina Department of Corrections, or his designee;


(4) the director of the South Carolina Department of Juvenile Justice, or his designee;


(5) the director of the South Carolina Commission on Prosecution Coordination, or his designee;


(6) the Governor's Crime Victims' Ombudsman, or his designee;


(7) the director of the South Carolina Sheriffs' Association, or his designee;


(8) the president of the South Carolina Police Chiefs Association, or his designee;


(9) the president of the South Carolina Jail Administrators' Association, or his designee;


(10) the president of the Solicitors' Advocate Forum, or his designee;


(11) the president of the Law Enforcement Victim Advocate Association, or his designee;


(12) the director of the South Carolina Coalition Against Domestic Violence and Sexual Assault, or his designee;


(13) the Attorney General, or his designee;


(14) the administrator of the Office of Justice Programs, Department of Public Safety, or his designee;


(15) four representatives appointed by the State Office of Victim Assistance for a term of two years and until their successors are appointed and qualified for each of the following categories:


(a) one representative of university or campus services;


(b) one representative of a statewide crime victim organization;


(c) one representative of a statewide child advocacy organization; and


(d) one crime victim; and


(16) four at-large seats elected upon two-thirds vote of the other eighteen members of the Victim Services Coordinating Council for a term of two years and until their successors are appointed and qualified, at least one of whom must be a crime victim and two of which must be representatives of community-based nongovernmental organizations.


The Victim Services Coordinating Council shall solicit input on issues affecting relevant stakeholders when those stakeholders are not explicitly represented. The Victim Services Coordinating Council shall meet at least four times per year.


CREDIT(S)


HISTORY: 1984 Act No. 489, § 2; 2008 Act No. 271, § 3, eff January 1, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1420


Effective: January 1, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 14. Victim Assistance Program

§ 16-3-1420. Director.


The director of the State Victim Assistance Program is the director of the South Carolina State Office of Victim Assistance.


CREDIT(S)


HISTORY: 1984 Act No. 489, § 2; 2008 Act No. 271, § 3, eff January 1, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1505


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1505. Legislative intent.


In recognition of the civic and moral duty of victims of and witnesses to a crime to cooperate fully and voluntarily with law enforcement and prosecution agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal and juvenile justice systems of this State, and to implement the rights guaranteed to victims in the Constitution of this State, the General Assembly declares its intent, in this article, to ensure that all victims of and witnesses to a crime are treated with dignity, respect, courtesy, and sensitivity; that the rights and services extended in this article to victims of and witnesses to a crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services for victims of a crime, including victims of domestic violence and criminal sexual assault.


CREDIT(S)


HISTORY: 1997 Act No. 141, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1510


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1510. Definitions.


For the purpose of this article:


(1) “Victim” means any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. “Victim” also includes any individual's spouse, parent, child, or the lawful representative of a victim who is:


(a) deceased;


(b) a minor;


(c) incompetent; or


(d) physically or psychologically incapacitated.


“Victim” does not include any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. “Victim” also does not include any individual, including a spouse, parent, child, or lawful representative, who is acting on behalf of the suspect, juvenile offender, or defendant unless his actions are required by law. “Victim” also does not include any individual who was imprisoned or engaged in an illegal act at the time of the offense.


(2) “Individual” means a human being.


(3) “Criminal offense” means an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, “criminal offense” specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.


For purposes of this article, a victim of any misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms “crime”, “criminal conduct”, “charge”, or any variation of these terms as used in this article mean all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article.


(4) “Witness” means a person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to be called or likely to be called as a witness for the prosecution or defense for criminal offenses defined in this section, whether or not any action or proceeding has been commenced.


(5) “Prosecuting agency” means the solicitor, Attorney General, special prosecutor, or any person or entity charged with the prosecution of a criminal case in general sessions or family court.


(6) “Summary court” means magistrate or municipal court.


(7) “Initial offense incident report” means a uniform traffic accident report or a standardized incident report form completed at the time of the initial law enforcement response. “Initial offense incident report” does not include supplementary reports, investigative notes or reports, statements, letters, memos, other communications, measurements, sketches, or diagrams not included in the initial offense incident report, or any material that may be considered the work product of a law enforcement officer or witness.


(8) “In writing” means any written communication, including electronically transmitted data.


CREDIT(S)


HISTORY: 1984 Act No. 418, § 1; 1997 Act No. 141, § 3; 1998 Act No. 343, § 1A.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1515


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1515. Victim or witness wishing to receive services under article to supply certain information; requirements for receiving restitution; victims wishing to be present in court to notify prosecuting agency or summary court judge; victim impact statement.


(A) A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article, or both, must provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and current telephone number upon which the agency must rely in the discharge of its duties under this article.


(B) A victim who wishes to receive restitution must, within appropriate time limits set by the prosecuting agency or summary court judge, provide the prosecuting agency or summary court judge with an itemized list which includes the values of property stolen, damaged, or destroyed; property recovered; medical expenses or counseling expenses, or both; income lost as a result of the offense; out-of-pocket expenses incurred as a result of the offense; any other financial losses that may have been incurred; an itemization of financial recovery from insurance, the offense victim's compensation fund, or other sources. The prosecuting agency, court, or both, may require documentation of all claims. This information may be included in a written victim impact statement.


(C) A victim who wishes to be present for any plea, trial, or sentencing must notify the prosecuting agency or summary court judge of his desire to be present. This notification may be included in a written victim impact statement.


(D) A victim who wishes to submit a written victim impact statement must provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.


(E) A victim who wishes to make an oral victim impact statement to the court at sentencing must notify the prosecuting agency or summary court judge of this desire in advance of the sentencing.


CREDIT(S)


HISTORY: 1997 Act No. 141, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1520


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1520. Victim entitled to copy of initial incident report; assistance in applying for victim's compensation benefits; information on progress of case.


(A) A law enforcement agency must provide a victim, free of charge, a copy of the initial incident report of his case, and a document which:


(1) describes the constitutional rights the State grants victims in criminal cases;


(2) describes the responsibilities of victims in exercising these rights;


(3) lists local victim assistance and social service providers;


(4) provides information on eligibility and application for victim's compensation benefits; and


(5) provides information about the rights of victims and witnesses who are harassed or threatened.


(B) A law enforcement agency, within a reasonable time of initial contact, must assist each eligible victim in applying for victim's compensation benefits and other available financial, social service, and counseling assistance.


(C) Law enforcement victim advocates, upon request, may intervene with, and seek special consideration from, creditors of a victim who is temporarily unable to continue payments as a result of an offense and with the victim's employer, landlord, school, and other parties as considered appropriate through the investigative process.


(D) A law enforcement agency, upon request, must make a reasonable attempt to inform a victim of the status and progress of his case from initial incident through:


(1) disposition in summary court;


(2) the referral of a juvenile offender to the Department of Juvenile Justice; or


(3) transmittal of a general sessions warrant to the prosecuting agency.


CREDIT(S)


HISTORY: 1984 Act No. 418, § 2; 1988 Act No. 405, § 4; 1997 Act No. 141, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1525


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1525. Arrest or detention of person accused of committing offense; notification to victims; protection of witnesses; notification of bond proceedings; juvenile detention hearings.


(A) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.


(B) A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.


(C) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility, including a mental health facility, having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility, including a mental health facility, are confidential and must not be disclosed directly or indirectly, except as necessary to provide notification.


(D) A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim. The law enforcement officer detaining the juvenile, regardless of where the juvenile is physically detained, retains the responsibility of notifying the victims of the pretrial, bond, and detention hearings, or pretrial releases that are not delegated pursuant to this article.


(E) Upon detention of a person, other than a juvenile, accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.


(F) Upon detention of a person, other than a juvenile, accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.


(G) A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.


(H) In cases in which a defendant has bond set by a summary court judge:


(1) the arresting agency of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;


(2) the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and


(3) the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.


(I) In cases in which a defendant has a bond proceeding before a circuit court judge:


(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;


(2) the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and


(3) the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.


(J) In cases in which a juvenile has a detention hearing before a family court judge:


(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;


(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and


(3) the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.


(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend.


(L) A diversion program, except a diversion program administered by the South Carolina Prosecution Coordination Commission or by a circuit solicitor, reasonably must attempt to notify the victim of a crime prior to the defendant's release from the program unless the defendant is released to a law enforcement agency.


(M) In every case when there is a court-ordered or mandatory mental evaluation, which takes place in an inpatient facility, the organization or facility responsible for the evaluation reasonably must attempt to notify the victim of the crime prior to the defendant's release from the facility unless the defendant is released to a law enforcement agency.


(N)(1) Notification of a victim pursuant to the provisions of this section may be by electronic or other automated communication or recording. However, after three unsuccessful attempts to reach the victim in cases involving criminal domestic violence, criminal sexual conduct, and stalking and harassment, and those cases when physical injury has occurred as a result of a physical or sexual assault and in cases where a pattern of conduct exists by the offender or suspected offender that would cause a reasonable person to believe he may be at risk of physical assault the appropriate agency or diversion program shall attempt to make personal contact with the victim, or the victim's guardian, upon the judicial or administrative release or the escape of the offender.


(2) For purposes of this section, “pattern” means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose.


CREDIT(S)


HISTORY: 1997 Act No. 141, § 3;1998 Act No. 343, § 1B; 2005 Act No. 106, §§ 3, 4, eff January 1, 2006; 2006 Act No. 380, § 4, eff upon approval (became law without the Governor's signature on June 14, 2006).



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1530


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1530. Notification of victim of release, escape or transfer of accused.


(A) Notwithstanding another provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:


(1) notwithstanding the provisions of Section 22-5-510, a department or agency having custody or custodial supervision of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, before the release of the person;


(2) a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person;


(3) a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, before any nonintradepartmental transfer of the person to a less secure facility or to a diversionary program including, but not limited to, a drug court program or a mental health court. The provisions of this item do not apply to transfers to other law enforcement agencies and transfers to other nonlaw enforcement locations if the person remains under security supervision. All victims, upon request, must be notified of intradepartmental transfers after the transfer occurs; and


(4) a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person.


(B) Notification of a victim pursuant to the provisions of this section may not be only by electronic or other automated communication or recording except in the case of an intradepartmental transfer.


CREDIT(S)


HISTORY: 1984 Act No. 418, § 3; 1991 Act No. 68, § 1; 1995 Act No. 83, §§ 14, 15; 1997 Act No. 141, § 3; 1998 Act No. 343, § 1C; 2005 Act No. 106, § 5, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1535


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1535. Summary court's duty to notify victim of victim's rights; form for victim impact statement.


(A) The summary court, upon retaining jurisdiction of an offense involving one or more victims, reasonably must attempt to notify each victim of his right to:


(1) be present and participate in all hearings;


(2) be represented by counsel;


(3) pursue civil remedies; and


(4) submit an oral or written victim impact statement, or both, for consideration by the summary court judge at the disposition proceeding.


(B) The summary court must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense, including:


(1) the victim's personal information and supplementary contact information;


(2) an itemized list of the victim's economic loss and recovery from any insurance policy or any other source;


(3) details of physical or psychological injuries, or both, including their seriousness and permanence;


(4) identification of psychological services requested or obtained by the victim;


(5) a description of any changes in the victim's personal welfare or family relationships; and


(6) any other information the victim believes to be important and pertinent.


(C) The summary court judge must inform a victim of the applicable procedures and practices of the court.


(D) The summary court judge reasonably must attempt to notify each victim related to the case of each hearing, trial, or other proceeding.


(E) A law enforcement agency and the summary court must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics for use as evidence when possible.


(F) The summary court judge must recognize and protect the rights of victims and witnesses as diligently as those of the defendant.


(G) In cases in which the sentence is more than ninety days, the summary court judge must forward, as appropriate and within fifteen days, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole and Pardon Services, or the Board of Juvenile Parole, the Department of Juvenile Justice, and a diversion program. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.


CREDIT(S)


HISTORY: 1996 Act No. 437, § 1; 1997 Act No. 141, § 3; 2005 Act No. 106, § 6, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1540


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1540. Department of Juvenile Justice to confer with victims before taking certain actions.


(A) The Department of Juvenile Justice, upon referral of a juvenile accused of committing an offense involving one or more victims, must make a reasonable effort to confer with each victim before:


(1) placing the juvenile in a diversion program;


(2) issuing a recommendation for diversion;


(3) referring the juvenile to the prosecuting agency for prosecution;


(4) issuing a recommendation for evaluation at the agency's reception and evaluation center; or


(5) taking other action.


(B) The Department of Juvenile Justice must make a reasonable effort to keep each victim reasonably informed of the status and progress of a case from the time it is referred by law enforcement until it is referred to the prosecuting agency.


CREDIT(S)


HISTORY: 1984 Act No. 418, § 4; 1997 Act No. 141, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1545


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1545. Juvenile cases; notification to victims of right to submit victim impact statement for disposition proceeding; form of statement; other required information for victims.


(A) The prosecuting agency, when a juvenile case is referred or a general sessions charge is received involving one or more victims, reasonably must attempt to notify each victim of his right to submit an oral or written victim impact statement, or both, for consideration by the circuit or family court judge at the disposition proceeding. The victim also must be informed that a written victim impact statement may be submitted at any postadjudication proceeding by the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The prosecuting agency must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense that may include:


(1) the victim's personal information and supplementary contact information;


(2) an itemization of the victim's economic loss and recovery from any insurance policy or another source;


(3) details of physical or psychological injuries, or both, including their seriousness and permanence;


(4) identification of psychological services requested or obtained by the victim;


(5) a description of any changes in the victim's personal welfare or family relationships; and


(6) any other information the victim believes to be important and pertinent.


(B) The prosecuting agency must offer the victim assistance in preparing a comprehensive victim impact statement and assistance in reviewing and updating the statement, as appropriate, before the case is disposed.


(C) The prosecuting agency must inform victims and witnesses of the applicable procedures and practices of the criminal or juvenile justice system, or both.


(D) The prosecuting agency must inform each victim of his right to legal counsel and of any available civil remedies.


(E) A law enforcement agency, the prosecuting agency, and the circuit and family courts must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics to use as evidence when possible.


(F) The prosecuting agency must inform victims and prosecution witnesses of financial assistance, compensation, and fees to which they may be entitled and must offer to the victims and witnesses assistance with applications for these items.


(G) The prosecuting agency, upon request, must make a reasonable attempt to keep each victim informed of the status and progress of a case, with the exception of preliminary hearings, from the time a juvenile case is referred to, or a general sessions charge is received by, the prosecuting agency for disposition of the case in general sessions or family court.


(H) The prosecuting agency must discuss a case with the victim. The agency must confer with each victim about the disposition of the case including, but not limited to, diversions and plea negotiations.


(I) The prosecuting agency reasonably must attempt to notify each victim of each hearing, trial, or other proceeding. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article. When proceedings are canceled or rescheduled, the prosecuting agency must reasonably attempt to inform victims and witnesses in a timely manner.


(J) The prosecuting agency victim advocate, upon request, may intercede with, and seek special consideration from, employers of victims and witnesses to prevent loss of pay or benefits, or both, resulting from their participation in the criminal or juvenile justice system and with the victim's creditors, landlord, school, and other parties, as appropriate, throughout the prosecution process.


(K) If a victim or witness is threatened, the prosecuting agency immediately must refer the incident to the appropriate law enforcement agency for prompt investigation and make a reasonable attempt to prosecute the case.


(L) The prosecuting agency must take reasonable and appropriate steps to minimize inconvenience to victims and witnesses throughout court preparation and court proceedings and must familiarize victims and witnesses with courtroom procedure and protocol.


(M) The prosecuting agency must refer victims to counselors, social service agencies, and victim assistance providers, as appropriate.


CREDIT(S)


HISTORY: 1997 Act No. 141, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1550


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1550. Restriction on employers of victims and witnesses; protection of rights of victims and witnesses.


(A) Employers of victims and witnesses must not retaliate against or suspend or reduce the wages and benefits of a victim or witness who lawfully responds to a subpoena. A wilful violation of this provision constitutes contempt of court.


(B) A person must not be sequestered from a proceeding adjudicating an offense of which he was a victim.


(C) For proceedings in the circuit or family court, the law enforcement and prosecuting agency must make reasonable efforts to provide victims and prosecution witnesses waiting areas separate from those used by the defendant and defense witnesses.


(D) The circuit or family court judge must recognize and protect the rights of victims and witnesses as diligently as those of the defendant. A circuit or family court judge, before proceeding with a trial, plea, sentencing, or other dispositive hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice.


(E) The circuit or family court must treat sensitively witnesses who are very young, elderly, handicapped, or who have special needs by using closed or taped sessions when appropriate. The prosecuting agency or defense attorney must notify the court when a victim or witness deserves special consideration.


(F) The circuit or family court must hear or review any victim impact statement, whether written or oral, before sentencing. Within a reasonable period of time before sentencing, the prosecuting agency must make available to the defense any written victim impact statement and the court must allow the defense an opportunity to respond to the statement. However, the victim impact statement must not be provided to the defense until the defendant has been found guilty by a judge or jury. The victim impact statement and its contents are not admissible as evidence in any trial.


(G) The circuit and family court must address the issue of restitution as provided by statute.


CREDIT(S)


HISTORY: 1984 Act No. 418, § 5; 1987 Act No. 9, § 1; 1988 Act No. 579; 1995 Act No. 83, § 16; 1997 Act No. 141, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1555


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1555. Expert witness fees; distribution, maintenance and use of victim's impact statements.


(A) The circuit or family court must order, in a timely manner, reasonable expert witness fees and reimbursement to victims of reasonable out-of-pocket expenses associated with lawfully serving a subpoena.


(B) In cases in which the sentence is more than ninety days, the prosecuting agency must forward, as appropriate and within fifteen days, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole and Pardon Services, or the Board of Juvenile Parole, the Department of Juvenile Justice, and a diversion program. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.


(C) The prosecuting agency must maintain the victim's original impact statement. The victim's impact statement must not be provided to the defendant until the defendant has been adjudicated, found guilty, or has pled guilty. The victim's impact statement and its contents are not admissible as evidence in any trial.


(D) The prosecuting agency must inform the victim and the prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, as appropriate, their legal names, current addresses, and telephone numbers.


(E) The prosecuting agency must inform the victim about the collection of restitution, fees, and expenses, the recovery of property used as evidence, and how to contact the Department of Corrections, the Board of Juvenile Parole, the Department of Probation, Parole and Pardon Services, the Department of Juvenile Justice, or the Attorney General, as appropriate.


CREDIT(S)


HISTORY: 1997 Act No. 141, § 3; 1998 Act No. 343, § 1D; 2005 Act No. 106, § 10, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1560


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1560. Notification to victim of post-conviction proceedings affecting probation, parole, or release, and of victim's right to attend.


(A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings.


(B) The Attorney General, upon receiving notice of appeal or other post-conviction action by an offender convicted of or adjudicated guilty for committing an offense involving one or more victims, must request from the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.


(C) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction proceeding, must supply the requested information within a reasonable period of time.


(D) The Attorney General must confer with victims regarding the defendant's appeal and other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44.


(E) The Attorney General must keep each victim reasonably informed of the status and progress of the appeal or other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, until their resolution.


(F) The Attorney General reasonably must attempt to notify a victim of all post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to post-conviction proceedings.


CREDIT(S)


HISTORY: 1984 Act No. 418, § 6; 1988 Act No. 367, § 2; 1996 Act No. 458, Part II, § 51C; 1997 Act No. 141, § 3; 1998 Act No. 321, § 3; 1998 Act No. 343, § 1E.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1565


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 15. Victim and Witness Service

§ 16-3-1565. No cause of action against public employees or agencies under this article.


(A) Nothing in this article creates a cause of action on behalf of a person against a public employee, public agency, the State, or an agency responsible for the enforcement of rights and provision of services set forth in this article.


(B) A sentence must not be invalidated because of failure to comply with the provisions of this article.


(C) This article must not be construed to create a cause of action for monetary damages.


CREDIT(S)


HISTORY: 1997 Act No. 141, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1610


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 16. Crime Victims' Ombudsman of the Office of the Governor

§ 16-3-1610. Definitions.


As used in this article:


(1) “Criminal and juvenile justice system” means circuit solicitors and members of their staffs; the Attorney General and his staff; law enforcement agencies and officers; adult and juvenile probation, parole, and correctional agencies and officers; officials responsible for victims' compensation and other services which benefit victims of crime, and state, county, and municipal victim advocacy and victim assistance personnel.


(2) “Victim assistance program” means an entity, whether governmental, corporate, nonprofit, partnership, or individual, which provides, is required by law to provide, or claims to provide services or assistance, or both to victims on an ongoing basis.


(3) “Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor.


CREDIT(S)


HISTORY: 1994 Act No. 433, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1620


Effective: January 1, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 16. Crime Victims' Ombudsman of the Office of the Governor

§ 16-3-1620. Crime Victims' Ombudsman of the Office of the Governor; Office of Victim Services Education and Certification.


(A) The Crime Victims' Ombudsman of the Office of the Governor is created. The Crime Victims' Ombudsman is appointed by the Governor with the advice and consent of the Senate and serves at the pleasure of the Governor.


(B) The Crime Victims' Ombudsman of the Office of the Governor shall:


(1) refer crime victims to the appropriate element of the criminal and juvenile justice systems or victim assistance programs, or both, when services are requested by crime victims or are necessary as determined by the ombudsman;


(2) act as a liaison between elements of the criminal and juvenile justice systems, victim assistance programs, and victims when the need for liaison services is recognized by the ombudsman; and


(3) review and attempt to resolve complaints against elements of the criminal and juvenile justice systems or victim assistance programs, or both, made to the ombudsman by victims of criminal activity within the state's jurisdiction.


(C) There is created within the Crime Victims' Ombudsman of the Office of the Governor, the Office of Victim Services Education and Certification which shall:


(1) provide oversight of training, education, and certification of victim assistance programs;


(2) with approval of the Victim Services Coordinating Council, promulgate training standards and requirements;


(3) approve training curricula for credit hours toward certification;


(4) provide victim service provider certification; and


(5) maintain records of certified victim service providers.


(D) Public victim assistance programs shall ensure that all victim service providers employed in their respective offices are certified through the Office of Victim Services Education and Certification within the Office of the Crime Victims' Ombudsman.


(1) Private, nonprofit programs shall ensure that all victim service providers in these nonprofit programs are certified by a Victim Services Coordinating Council approved certification program. Victim Services Coordinating Council approval must include review of the program to ensure that requirements are commensurate with the certification requirements for public victim assistance service providers.


(2) Victim service providers, serving in public or private nonprofit programs, employed on the effective date of this chapter are exempt from basic certification requirements but shall meet annual continuing education requirements to maintain certification. Victim service providers, serving in public or private nonprofit programs, employed after the effective date of this chapter are required to complete the basic certification requirements within one year from the date of employment and to meet annual continuing education requirements to maintain certification throughout their employment.


(3) The mandatory minimum certification requirements, as promulgated by the Crime Victims' Ombudsman, may not exceed fifteen hours, and the mandatory minimum requirements for continuing advocacy education, as promulgated by the Crime Victims' Ombudsman, may not exceed twelve hours.


(4) Nothing in this section shall prevent an entity from requiring or an individual from seeking additional certification credits beyond the basic required hours.


CREDIT(S)


HISTORY: 1994 Act No. 433, § 1; 2008 Act No. 271, § 4, eff January 1, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1630


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 16. Crime Victims' Ombudsman of the Office of the Governor

§ 16-3-1630. Ombudsman; responsibilities; authority; annual report.


Upon receipt of a written complaint that contains specific allegations and is signed by a victim of criminal activity within the state's jurisdiction, the ombudsman shall forward copies of the complaint to the person, program, and agency against whom it makes allegations, and conduct an inquiry into the allegations stated in the complaint.


In carrying out the inquiry, the ombudsman is authorized to request and receive information and documents from the complainant, elements of the criminal and juvenile justice systems, and victim assistance programs that are pertinent to the inquiry. Following each inquiry, the ombudsman shall issue a report verbally or in writing to the complainant and the persons or agencies that are the object of the complaint and recommendations that in the ombudsman's opinion will assist all parties. The persons or agencies that are the subject of the complaint shall respond, within a reasonable time, to the ombudsman regarding actions taken, if any, as a result of the ombudsman's report and recommendations.


The ombudsman shall prepare a public annual report, not identifying individual agencies or individuals, summarizing his activity. The annual report must be submitted directly to the Governor, General Assembly, elements of the criminal and juvenile justice systems, and victim assistance programs.


CREDIT(S)


HISTORY: 1994 Act No. 433, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1640


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 16. Crime Victims' Ombudsman of the Office of the Governor

§ 16-3-1640. Confidentiality of information and files.


Information and files requested and received by the ombudsman are confidential and retain their confidential status at all times. Juvenile records obtained under this section may be released only in accordance with provisions of the Children's Code.


CREDIT(S)


HISTORY: 1994 Act No. 433, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1650


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 16. Crime Victims' Ombudsman of the Office of the Governor

§ 16-3-1650. Cooperation with the criminal and juvenile justice systems and victim assistance programs.


All elements of the criminal and juvenile justice systems and victim assistance programs shall cooperate with the ombudsman in carrying out the duties described in Sections 16-3-1620 and 16-3-1630.


CREDIT(S)


HISTORY: 1994 Act No. 433, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1660


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 16. Crime Victims' Ombudsman of the Office of the Governor

§ 16-3-1660. Grounds for dismissal.


A victim's exercise of rights granted by this article is not grounds for dismissing a criminal proceeding or setting aside a conviction or sentence.


CREDIT(S)


HISTORY: 1994 Act No. 433, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1670


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 16. Crime Victims' Ombudsman of the Office of the Governor

§ 16-3-1670. Purpose.


This article does not create a cause of action on behalf of a person against an element of the criminal and juvenile justice systems, victim assistance programs, the State, or any agency or person responsible for the enforcement of rights and provision of services set forth in this chapter.


CREDIT(S)


HISTORY: 1994 Act No. 433, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1680


Effective: January 1, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 16. Crime Victims' Ombudsman of the Office of the Governor

§ 16-3-1680. Authority to promulgate rules and regulations.


The Crime Victims' Ombudsman of the Office of the Governor may promulgate those regulations necessary to assist it in performing its required duties as provided by this chapter.


CREDIT(S)


HISTORY: 2008 Act No. 271, § 5, eff January 1, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1700


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1700. Definitions.


As used in this article:


(A) “Harassment in the first degree” means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. Harassment in the first degree may include, but is not limited to:


(1) following the targeted person as he moves from location to location;


(2) visual or physical contact that is initiated, maintained, or repeated after a person has been provided oral or written notice that the contact is unwanted or after the victim has filed an incident report with a law enforcement agency;


(3) surveillance of or the maintenance of a presence near the targeted person's:


(a) residence;


(b) place of work;


(c) school; or


(d) another place regularly occupied or visited by the targeted person; and


(4) vandalism and property damage.


(B) “Harassment in the second degree” means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. Harassment in the second degree may include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.


(C) “Stalking” means a pattern of words, whether verbal, written, or electronic, or a pattern of conduct that serves no legitimate purpose and is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:


(1) death of the person or a member of his family;


(2) assault upon the person or a member of his family;


(3) bodily injury to the person or a member of his family;


(4) criminal sexual contact on the person or a member of his family;


(5) kidnapping of the person or a member of his family; or


(6) damage to the property of the person or a member of his family.


(D) “Pattern” means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose.


(E) “Family” means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person.


(F) “Electronic contact” means any transfer of signs, signals, writings, images, sounds, data, intelligence, or information of any nature transmitted in whole or in part by any device, system, or mechanism including, but not limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.


(G) This section does not apply to words or conduct protected by the Constitution of this State or the United States, a law enforcement officer or a process server performing official duties, or a licensed private investigator performing services or an investigation as described in detail in a contract signed by the client and the private investigator pursuant to Section 40-18-70.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2001 Act No. 81, § 4; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1705


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1705. Electronic mail service provider; immunity; definition.


(A) An electronic mail service provider must not be charged with or have a penalty assessed based upon a violation of this article or have a cause of action filed against it based on the electronic mail service provider's:


(1) being an intermediary between the sender and recipient in the transmission of an electronic contact that violates this article; or


(2) providing transmission of an electronic contact over the provider's computer network or facilities that violates this article.


(B) For purposes of this article, “electronic mail service provider” means a person or entity which:


(1) is an intermediary in sending or receiving electronic mail; and


(2) provides to users of electronic mail services the ability to send or receive electronic mail.


CREDIT(S)


HISTORY: 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1710


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1710. Penalties for conviction of harassment in the second degree.


(A) Except as provided in subsection (B), a person who engages in harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both.


(B) A person convicted of harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both if:


(1) the person has a prior conviction of harassment or stalking within the preceding ten years; or


(2) at the time of the harassment an injunction or restraining order was in effect prohibiting the harassment.


(C) In addition to the penalties provided in this section, a person convicted of harassment in the second degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 1996 Act No. 458, Part II, § 31B; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1720


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1720. Penalties for conviction of harassment in the first degree.


(A) Except as provided in subsections (B) and (C), a person who engages in harassment in the first degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than three years, or both.


(B) A person who engages in harassment in the first degree when an injunction or restraining order is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than three years, or both.


(C) A person who engages in harassment in the first degree and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.


(D) In addition to the penalties provided in this section, a person convicted of harassment in the first degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 1996 Act No. 458, Part II, § 31C; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1730


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1730. Penalties for conviction of stalking.


(A) A person who engages in stalking is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.


(B) A person who engages in stalking when an injunction or restraining order is in effect prohibiting this conduct is guilty of a felony and, upon conviction, must be fined not more than seven thousand dollars, imprisoned not more than ten years, or both.


(C) A person who engages in stalking and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, imprisoned not more than fifteen years, or both.


(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4, Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense pursuant to this section must be fined one thousand dollars or imprisoned one year, or both.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1735


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1735. Law enforcement officer empowered to sign warrant in place of victim.


A law enforcement officer or another person with knowledge of the circumstances may sign a warrant in place of the victim for a person alleged to have committed a harassment or stalking offense as provided in Section 16-3-1710, 16-3-1720, or 16-3-1730.


CREDIT(S)


HISTORY: 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1740


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1740. Mental health evaluations of persons convicted of stalking or harassment; notice to victim in person of unsupervised release.


(A) Before sentencing a person convicted of stalking or harassment in the first or second degree, the court may require the person to undergo a mental health evaluation. If the court determines from the results of the evaluation that the person needs mental health treatment or counseling, the court shall require him to undergo mental health treatment or counseling by a court-approved mental health professional, mental health facility, or facility operated by the State Department of Mental Health as a part of his sentence.


(B) When the court orders a mental health evaluation, the evaluation may not take place until the facility conducting the evaluation has received all of the documentation including, but not limited to, warrants, incident reports, and NCIC reports associated with the charges.


(C) If the evaluation results in the unsupervised release of the person, the victim must be notified prior to the person's release. All reasonable efforts must be made to notify the victim personally to assure the notice is received.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1750


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1750. Action seeking a restraining order against a person engaged in harassment or stalking; jurisdiction and venue; forms; enforceability.


(A) Pursuant to this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment in the first or second degree or stalking.


(B) An action for a restraining order must be filed in the county in which:


(1) the defendant resides when the action commences;


(2) the harassment in the first or second degree or stalking occurred; or


(3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found.


(C) A complaint and motion for a restraining order may be filed by any person. The complaint must:


(1) allege that the defendant is engaged in harassment in the first or second degree or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;


(2) be verified; and


(3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.


(D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking. However, the court shall assess a filing fee against the nonprevailing party in an action for a restraining order. The court may hold a person in contempt of court for failure to pay this filing fee.


(E) A restraining order remains in effect for a fixed period of time of not less than one year, as determined by the court on a case-by-case basis.


(F) Notwithstanding another provision of law, a restraining order or a temporary restraining order issued pursuant to this article is enforceable throughout this State.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2002 Act No. 175, § 1, eff March 5, 2002; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1760


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1760. When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order.


(A) Within twenty-four hours after the filing of a complaint and motion seeking a restraining order pursuant to Section 16-3-1750, the court, for good cause shown, may hold an emergency hearing and, if the plaintiff proves his allegation by a preponderance of the evidence, may issue a temporary restraining order without giving the defendant notice of the motion for the order. A prima facie showing of present danger of bodily injury, verified by supporting affidavits, constitutes good cause.


(B) A temporary restraining order granted without notice must be served upon the defendant together with a copy of the complaint and a Rule to Show Cause why the order should not be extended for the full one-year period. The Rule to Show Cause must provide the date and time of the hearing for the Rule to Show Cause. The defendant must be served within five days before the hearing in the same manner required for service as provided in the South Carolina Rules of Civil Procedure.


(C) In cases not provided in subsection (A), the court shall cause a copy of the complaint and motion to be served upon the defendant at least five days before the hearing in the same manner required for service as provided in the South Carolina Rules of Civil Procedure.


(D) The court shall hold a hearing on a motion for a restraining order within fifteen days of the filing of a complaint and motion, but not sooner than five days after service has been perfected upon the defendant.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1770


Effective: June 11, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1770. Form and content of temporary restraining order.


(A) A temporary restraining order granted without notice must be endorsed with the date and hour of issuance and entered of record with the magistrates court.


(B) The terms of the restraining order must protect the plaintiff and may include temporarily enjoining the defendant from:


(1) abusing, threatening to abuse, or molesting the plaintiff or members of the plaintiff's family;


(2) entering or attempting to enter the plaintiff's place of residence, employment, education, or other location; and


(3) communicating or attempting to communicate with the plaintiff in a way that would violate the provisions of this article.


(C) A restraining order issued pursuant to this article conspicuously must bear the following language:


(1) “Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both.”; and


(2) “Pursuant to Section 16-25-125, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.”.


(D) A restraining order issued by a court may not contain the social security number of a party to the order and must contain as little identifying information as is necessary of the party it seeks to protect.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006; 2008 Act No. 319, § 2, eff June 11, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1780


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1780. Expiration of temporary restraining orders and restraining orders; extensions and modifications.


(A) A temporary restraining order remains in effect until the hearing on the Rule to Show Cause why the order should not be extended for the full one-year period. The temporary restraining order must be for a fixed period in accordance with subsection (B) if the court finds the defendant in default at the hearing.


(B) In cases not provided for in subsection (A), a restraining order must be for a fixed period not to exceed one year but may be extended by court order on a motion by the plaintiff, showing good cause, with notice to the defendant. The defendant is entitled to a hearing on the extension of an order issued pursuant to this subsection within thirty days of the date upon which the order will expire.


(C) Notwithstanding subsection (B), the provisions included in a restraining order granting relief pursuant to Section 16-3-1770 dissolve one year following the issuance of the order unless, prior to the expiration of this period, the court has charged the defendant with the crime of harassment in the first or second degree or stalking and has scheduled a date for trial on the charge. If the trial has been scheduled, relief granted pursuant to Section 16-3-1770 remains in effect beyond the one-year period only until the conclusion of the trial.


(D) The court may modify the terms of an order issued pursuant to this section.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1790


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1790. Service of certified copies of restraining orders.


A magistrates court shall serve the defendant with a certified copy of an order issued pursuant to this article and provide a copy to the plaintiff and to the local law enforcement agencies having jurisdiction over the area where the plaintiff resides. Service must be made without charge to the plaintiff.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1800


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1800. Arrest upon violation of restraining order.


Law enforcement officers shall arrest a defendant who is acting in violation of a restraining order after service and notice of the order is provided. An arrest warrant is not required.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1810


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1810. Law enforcement officer's responsibilities when responding to a harassment or stalking incident.


(A) The primary responsibility of a law enforcement officer when responding to a harassment in the first or second degree or stalking incident is to enforce the law and protect the complainant.


(B) The law enforcement officer shall notify the complainant of the right to initiate criminal proceedings and to seek a restraining order.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1820


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1820. Immunity from liability for filing a report or complaint or participating in a judicial proceeding concerning alleged harassment or stalking; rebuttable presumption of good faith.


A person who reports an alleged harassment in the first or second degree or stalking, files a criminal complaint, files a complaint for a restraining order, or who participates in a judicial proceeding pursuant to this article and who is acting in good faith is immune from criminal and civil liability that might otherwise result from these actions. A rebuttable presumption exists that the person was acting in good faith.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1830


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1830. Availability of other civil and criminal remedies.


A proceeding commenced pursuant to this article is in addition to other civil and criminal remedies.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-1840


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 17. Harassment and Stalking

§ 16-3-1840. Mental health evaluation prior to setting bail; purpose; report.


Prior to setting bail, a magistrate or a municipal judge may order a defendant charged with harassment in the first or second degree or stalking pursuant to this article to undergo a mental health evaluation performed by the local mental health department. The purpose of this evaluation is to determine if the defendant needs mental health treatment or counseling as a condition of bond. The evaluation must be scheduled within ten days of the order's issuance. Once the evaluation is completed, the examiner must, within forty-eight hours, issue a report to the local solicitor's office, summary court judge, or other law enforcement agency. Upon receipt of the report, the solicitor, summary court judge, or other law enforcement agency must arrange for a bond hearing before a circuit court judge or summary court judge.


CREDIT(S)


HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-2010


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 19. Trafficking in Persons

§ 16-3-2010. Definitions.


As used in this article:


(1) “Business” means a corporation, partnership, proprietorship, firm, enterprise, franchise, organization, or self-employed individual.


(2) “Charitable organization” means a charitable organization pursuant to Section 33-56-20.


(3) “Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his personal services or those of a person under his control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined or if the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.


(4) “Forced labor” means any type of labor or services performed or provided by a person rendered through another person's coercion of the person providing the labor or services.


This definition does not include labor or services performed or provided by a person in the custody of the Department of Corrections or a local jail, detention center, or correctional facility.


(5) “Involuntary servitude” means a condition of servitude induced through coercion.


(6) “Person” means an individual, corporation, partnership, charitable organization, or another legal entity.


(7) “Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for one of the following when it is induced by force, fraud, or coercion or the person forced to perform the act is under the age of eighteen years and anything of value is given, promised to, or received, directly or indirectly, by another person:


(a) criminal sexual conduct pursuant to Section 16-3-651;


(b) criminal sexual conduct in the first degree pursuant to Section 16-3-652;


(c) criminal sexual conduct in the second degree pursuant to Section 16-3-653;


(d) criminal sexual conduct in the third degree pursuant to Section 16-3-654;


(e) criminal sexual conduct with a minor pursuant to Section 16-3-655;


(f) engaging a child for sexual performance pursuant to Section 16-3-810;


(g) performance pursuant to Section 16-3-800;


(h) producing, directing, or promoting sexual performance by a child pursuant to Section 16-3-820;


(i) sexual battery pursuant to Section 16-3-651;


(j) sexual conduct pursuant to Section 16-3-800; or


(k) sexual performance pursuant to Section 16-3-800.


(8) “Services” means an act committed at the behest of, under the supervision of, or for the benefit of another person.


(9) “Trafficking in persons” means when a victim is subjected to or a person attempts to subject a victim to sex trafficking, forced labor or services, involuntary servitude, or debt bondage by employing one of the following:


(a) physically restraining or threatening to physically restrain another person;


(b) knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or other immigration document, or another actual or purported government identification document, of the victim;


(c) extortion or blackmail;


(d) causing or threatening to cause financial harm to the victim;


(e) facilitating or controlling a victim's access to a controlled substance; or


(f) coercion.


(10) “Victim of trafficking in persons” or “victim” means a person who has been subjected to the crime of trafficking in persons.


CREDIT(S)


HISTORY: 2012 Act No. 258, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-2020


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 19. Trafficking in Persons

§ 16-3-2020. Trafficking in persons; penalties; defenses.


(A) A person who recruits, entices, solicits, isolates, harbors, transports, provides, or obtains, or so attempts, a victim, knowing that the victim will be subjected to sex trafficking, forced labor or services, involuntary servitude or debt bondage through any means or who benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in this subsection, is guilty of trafficking in persons.


(B) A person who recruits, entices, solicits, isolates, harbors, transports, provides, or obtains, or so attempts, a victim, for the purposes of sex trafficking, forced labor or services, involuntary servitude or debt bondage through any means or who benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in subsection (A), is guilty of trafficking in persons.


(C) For a first offense, the person is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.


(D) For a second offense, the person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.


(E) For a third or subsequent offense, the person is guilty of a felony, and upon conviction, must be imprisoned not more than forty-five years.


(F) If the victim of an offense contained in this section is under the age of eighteen, an additional term of fifteen years may be imposed in addition and must be consecutive to the penalty prescribed for a violation of this section.


(G) A person who aids, abets, or conspires with another person to violate the criminal provisions of this section must be punished in the same manner as provided for the principal offender and is considered a trafficker.


(H) A business owner who uses his business in a way that participates in a violation of this article, upon conviction, must be imprisoned for not more than ten years in addition to the penalties provided in this section for each violation.


(I) A plea of guilty or the legal equivalent entered pursuant to a provision of this article by an offender entitles the victim of trafficking in persons to all benefits, rights, and compensation granted pursuant to Section 16-3-1110.


(J) In a prosecution of a person who is a victim of trafficking in persons, it is an affirmative defense that he was under duress or coerced into committing the offenses for which he is subject to prosecution, if the offenses were committed as a direct result of, or incidental or related to, trafficking.


(K) Evidence of the following facts or conditions do not constitute a defense in a prosecution for a violation of this article, nor does the evidence preclude a finding of a violation:


(1) the victim's sexual history or history of commercial sexual activity, the specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct;


(2) the victim's connection by blood or marriage to a defendant in the case or to anyone involved in the victim's trafficking;


(3) the implied or express consent of a victim to acts which violate the provisions of this section do not constitute a defense to violations of this section;


(4) age of consent to sex, legal age of marriage, or other discretionary age; and


(5) mistake as to the victim's age, even if the mistake is reasonable.


(L) A person who violates the provisions of this section may be prosecuted by the State Grand Jury, pursuant to Section 14-7-1600, when a victim is trafficked in more than one county or a trafficker commits the offense of trafficking in persons in more than one county.


CREDIT(S)


HISTORY: 2012 Act No. 258, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-2030


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 19. Trafficking in Persons

§ 16-3-2030. Criminal liability of principal owners of business; penalties.


(A) The principal owners of a business, a business entity, including a corporation, partnership, charitable organization, or another legal entity, that knowingly aids or participates in an offense provided in this article is criminally liable for the offense and will be subject to a fine or loss of business license in the State, or both.


(B) If the principal owners of a business entity are convicted of violating a section of this article, the court or Secretary of State, when appropriate, may:


(1) order its dissolution or reorganization;


(2) order the suspension or revocation of any license, permit, or prior approval granted to it by a state or local government agency; or


(3) order the surrender of its charter if it is organized under state law or the revocation of its certificate to conduct business in the State if it is not organized under state law.


CREDIT(S)


HISTORY: 2012 Act No. 258, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-2040


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 19. Trafficking in Persons

§ 16-3-2040. Restitution for victims of trafficking.


(A) An offender convicted of a violation of this article must be ordered to pay mandatory restitution to the victim as provided in this section.


(B) If the victim of trafficking dies as a result of being trafficked, a surviving spouse of the victim is eligible for restitution. If no surviving spouse exists, restitution must be paid to the victim's issue or their descendants per stirpes. If no surviving spouse or issue or descendants exist, restitution must be paid to the victim's estate. A person named in this subsection may not receive funds from restitution if he benefited or engaged in conduct described in this article.


(C) If a person is unable to pay restitution at the time of sentencing, or at any other time, the court may set restitution pursuant to Section 16-3-1270.


(D) Restitution for this section, pursuant to Section 16-3-1270, means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct pursuant to Section 16-3-1110(12)(a).


(E) Notwithstanding another provision of law, the applicable statute of limitations for a victim of trafficking in persons is pursuant to Section 16-3-1110(12)(a).


(F) Restitution must be paid to the victim promptly upon the conviction of the defendant. The return of the victim to his home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.


CREDIT(S)


HISTORY: 2012 Act No. 258, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-2050


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 19. Trafficking in Persons

§ 16-3-2050. Interagency task force established to develop and implement State Plan for Prevention of Trafficking in Persons; members; responsibilities.


(A) The Attorney General shall establish an interagency task force to develop and implement a State Plan for the Prevention of Trafficking in Persons. The task force shall meet at least quarterly and should include all aspects of trafficking in persons, including sex trafficking and labor trafficking of both United States citizens and foreign nationals, as defined in Section 16-3-2010. The Attorney General also shall collect and publish relevant data to this section on their website.


(B) The task force shall consist of, at a minimum, representatives from:


(1) the Office of the Attorney General, who must be chair;


(2) the South Carolina Labor, Licensing and Regulation;


(3) the South Carolina Police Chiefs Association;


(4) the South Carolina Sheriffs' Association;


(5) the State Law Enforcement Division;


(6) the Department of Health and Environmental Control Board;


(7) the United States Department of Labor;


(8) the State Office of Victim Assistance;


(9) the South Carolina Commission on Prosecution Coordination;


(10) the Department of Social Services;


(11) a representative from the Office of the Governor;


(12) a representative from the Department of Employment and Workforce; and


(13) two persons appointed by the Attorney General from nongovernmental organizations, especially those specializing in trafficking in persons, those representing diverse communities disproportionately affected by trafficking, agencies devoted to child services and runaway services, and academic researchers dedicated to the subject of trafficking in persons.


(C) The Attorney General shall invite representatives of the United States Attorneys' offices and of federal law enforcement agencies' offices within the State, including the Federal Bureau of Investigations and the United States Immigration and Customs Enforcement office, to be members of the task force.


(D) The task force shall carry out the following activities either directly or through one or more of its constituent agencies:


(1) develop the state plan within eighteen months of the effective date of this act;


(2) coordinate the implementation of the state plan; and


(3) starting one year after the formation of the task force, submit an annual report of its findings and recommendations to the Governor, the Speaker of the House of Representatives, and the President of the Senate on or before December thirty-first of each calendar year.


(E) The task force shall consider carrying out the following activities either directly or through one or more of its constituent agencies:


(1) coordinate the collection and sharing of trafficking data among government agencies, which data collection must respect the privacy of victims of trafficking in persons;


(2) coordinate the sharing of information between agencies for the purposes of detecting criminal groups engaged in trafficking in persons;


(3) explore the establishment of state policies for time limits for the issuance of Law Enforcement Agency (LEA) endorsements as described in C.F.R. Chapter 8, Section 214.11(f)(1);


(4) establish policies to enable state government to work with nongovernmental organizations and other elements of civil society to prevent trafficking in persons and provide assistance to United States citizens and foreign national victims;


(5) review the existing services and facilities to meet trafficking victims' needs and recommend a system to coordinate services including, but not limited to, health services, including mental health, housing, education and job training, English as a second language classes, interpreting services, legal and immigration services, and victim compensation;


(6) evaluate various approaches used by state and local governments to increase public awareness of the trafficking in persons, including United States citizens and foreign national victims of trafficking in persons;


(7) mandatory training for law enforcement agencies, prosecutors, and other relevant officials in addressing trafficking in persons;


(8) collect and periodically publish statistical data on trafficking, that must be posted on the Attorney General's website;


(9) prepare public awareness programs designed to educate potential victims of trafficking in persons and their families on the risks of victimization. These public awareness programs must include, but are not limited to:


(a) information about the risks of becoming a victim, including information about common recruitment techniques, use of debt bondage, and other coercive tactics, risk of maltreatment, rape, exposure to HIV or AIDS and other sexually transmitted diseases, and psychological harm related to victimization in trafficking cases;


(b) information about the risks of engaging in commercial sex and possible punishment;


(c) information about victims' rights in the State;


(d) methods for reporting suspected recruitment activities; and


(e) information on hotlines and available victims' services;


(10) preparation and dissemination of awareness materials to the general public to educate the public on the extent of trafficking in persons, both United States citizens and foreign nationals, within the United States and to discourage the demand that fosters the exploitation of persons that leads to trafficking in persons.


(a) The general public awareness materials may include information on the impact of trafficking on individual victims, whether United States citizens or foreign nationals, aggregate information on trafficking in persons worldwide and domestically, and warnings of the criminal consequences of engaging in trafficking in persons. These materials may include pamphlets, brochures, posters, advertisements in mass media, and other appropriate media. All materials must be designed to communicate to the target population.


(b) Materials described in this section may include information on the impact of trafficking in persons on individual victims. However, information on the experiences of individual victims must preserve the privacy of the victim and the victim's family.


(c) All public awareness programs must be evaluated periodically by the task force to ensure their effectiveness.


CREDIT(S)


HISTORY: 2012 Act No. 258, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-2060


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 19. Trafficking in Persons

§ 16-3-2060. Civil action for victim of trafficking; statute of limitations.


(A) A person who is a victim of trafficking in persons may bring a civil action in the court of common pleas. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and other appropriate relief. A prevailing plaintiff also must be awarded attorney's fees and costs. Treble damages must be awarded on proof of actual damages when the defendant's acts were wilful and malicious.


(B) Pursuant to Section 16-3-1110, the applicable statute of limitations for a crime victim who has a cause of action against an incarcerated offender is tolled and does not expire until three years after the offender's sentence is completed, including probation and parole, or three years after release from commitment pursuant to Chapter 48, Title 44, whichever is later. However, this provision does not shorten any other tolling period of the statute of limitations which may exist for the victim.


(C) The statute of limitations for the filing of a civil suit does not begin to run until a minor victim has reached the age of majority.


(D) If a victim entitled to sue is under a disability at the time the cause of action accrues, so that it is impossible or impractical for him to bring an action, then the time of the disability is not part of the time limited for the commencement of the action. Disability includes, but is not limited to, insanity, imprisonment, or other incapacity or incompetence.


(E) The running of the statute of limitations may be suspended when a victim could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services.


(F) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the victim to delay the filing of the action or placing the victim under duress.


CREDIT(S)


HISTORY: 2012 Act No. 258, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-2070


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 19. Trafficking in Persons

§ 16-3-2070. Compensation for victims of trafficking; identity of victim and victim’s family confidential.


(A) Victims of trafficking in persons pursuant to this article are considered victims for purposes of the Victims' Bill of Rights and are entitled to all appropriate forms of compensation available pursuant to the State Crime Victim's Compensation Fund in accordance with the provisions of Article 13, Chapter 3, Title 16. Victims of trafficking in persons pursuant to this article also are entitled to the rights provided in Article 15, Chapter 3, Title 16.


(B) In addition to the provisions of subsection (A), in a prosecution for violations of the criminal provisions of this article, the identity of the victim and the victim's family must be kept confidential by ensuring that names and identifying information of the victim and victim's family are not released to the public, including by the defendant.


(C) Pursuant to Section 16-3-1240, it is unlawful, except for purposes directly connected with the administration of the victim's compensation fund, for any person to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in or acquiesce in the use of any list, or names of, or information concerning persons applying for or receiving awards without the written consent of the applicant or recipient. The records, papers, files, and communications of the board, its panel and the director and his staff must be regarded as confidential information and privileged and not subject to disclosure under the Freedom of Information Act as contained in Chapter 4, Title 30.


CREDIT(S)


HISTORY: 2012 Act No. 258, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-2080


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 19. Trafficking in Persons

§ 16-3-2080. Unlawful disclosure; trespassing notice; unlawful entrance or presence on grounds of domestic violence or trafficking shelter; exceptions; penalties.


(A) For purposes of this section:


(1) “Domestic violence shelter” means a facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence and that provides services as a shelter.


(2) “Trafficking shelter” means a confidential location which provides emergency housing for victims of trafficking in persons.


(3) “Grounds” means the real property of the parcel of land upon which a domestic violence or trafficking shelter or a domestic violence or trafficking shelter's administrative offices are located, whether fenced or unfenced.


(B) A person who maliciously or with criminal negligence publishes, disseminates, or otherwise discloses the location of a trafficking victim, a trafficking shelter, a domestic violence shelter, or another place designated as a trafficking shelter or domestic violence shelter, without the authorization of that trafficking victim, trafficking shelter, or domestic violence shelter, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.


(C) It is unlawful for a person who has been charged with or convicted of a violation of Section 16-3-2020 to enter or remain upon the grounds or structure of a domestic violence or trafficking shelter in which the victim resides or the domestic violence shelter's administrative offices or the trafficking shelter's administrative offices.


(D) The domestic violence shelter and trafficking shelter must post signs at conspicuous places on the grounds of the domestic violence shelter, trafficking shelter, the domestic violence shelter's administrative offices, and the trafficking shelter's administrative offices which, at a minimum, must read substantially as follows: “NO TRESPASSING--VIOLATORS WILL BE SUBJECT TO CRIMINAL PENALTIES”.


(E) This section does not apply if the person has legitimate business or any authorization, license, or invitation to enter or remain upon the grounds or structure of the domestic violence or trafficking shelter or the domestic violence or trafficking shelter's administrative offices.


(F) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.


CREDIT(S)


HISTORY: 2012 Act No. 258, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-2090


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 19. Trafficking in Persons

§ 16-3-2090. Forfeiture.


(A)(1) The following are subject to forfeiture:


(a) all monies used, or intended for use, in violation of Section 16-3-2020;


(b) all property constituting the proceeds obtained directly or indirectly, for a violation of Section 16-3-2020;


(c) all property derived from the proceeds obtained, directly or indirectly, from any sale or exchange for pecuniary gain from a violation of Section 16-3-2020;


(d) all property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation for pecuniary gain of Section 16-3-2020;


(e) all books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or which have been positioned for use, in violation of Section 16-3-2020;


(f) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels, which are used or intended for use unlawfully to conceal or transport or facilitate a violation of Section 16-3-2020. No motor vehicle may be forfeited to the State under this item unless it is used, intended for use, or in any manner facilitates a violation of Section 16-3-2020;


(g) all property including, but not limited to, monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for any kind of services under Section 16-3-2020, and all proceeds including, but not limited to, monies, and real and personal property traceable to any exchange under Section 16-3-2020; and


(h) overseas assets of persons convicted of trafficking in persons also are subject to forfeiture to the extent they can be retrieved by the government.


(2) Any property subject to forfeiture may be seized by the investigating agency having authority upon warrant issued by any court having jurisdiction over the property. Seizure without process may be made if the:


(a) seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;


(b) property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding based upon Section 16-3-2020;


(c) the investigating agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or


(d) the investigating agency has probable cause to believe that the property was used or is intended to be used in violation of Section 16-3-2020.


(3) In the event of seizure, proceedings under this section regarding forfeiture and disposition must be instituted within a reasonable time.


(4) Any property taken or detained under this section is not subject to replevin but is considered to be in the custody of the investigating agency making the seizure subject only to the orders of the court having jurisdiction over the forfeiture proceedings. Property is forfeited and transferred to the government at the moment of illegal use. Seizure and forfeiture proceedings confirm the transfer.


(5) For the purposes of this section, whenever the seizure of property subject to seizure is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.


(6) Law enforcement agencies seizing property pursuant to this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidential nature and provides for security in another manner.


(7) When property and monies of any value as defined in this article or anything else of any value is seized, the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecution agency.


(a) The report must provide the following information with respect to the property seized:


(i) description;


(ii) circumstances of seizure;


(iii) present custodian and where the property is being stored or its location;


(iv) name of owner;


(v) name of lienholder; and


(vi) seizing agency.


(b) If the property is a conveyance, the report shall include the:


(i) make, model, serial number, and year of the conveyance;


(ii) person in whose name the conveyance is registered; and


(iii) name of any lienholders.


(c) In addition to the report, the law enforcement agency shall prepare for dissemination to the public upon request a report providing the following information:


(i) a description of the quantity and nature of the property and money seized;


(ii) the seizing agency;


(iii) the make, model, and year of a conveyance; and


(iv) the law enforcement agency responsible for the property or conveyance seized.


(d) Property or conveyances seized by a law enforcement agency or department may not be used by officers for personal purposes.


(B)(1) Forfeiture of property must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall provide the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances also shall include the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.


(2) The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. The Attorney General or his designee or the circuit solicitor or his designee has the burden of proof to establish by a preponderance of the evidence that the property is subject to forfeiture. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to this section.


(3) If there is a dispute as to the division of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to this section.


(4) All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred may not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its use and retainage by that agency is at the discretion and approval of the State Budget and Control Board.


(5) If a defendant or his attorney sends written notice to the petitioner or the seizing agency of his interest in the subject property, service may be made by mailing a copy of the petition to the address provided, and service may not be made by publication. In addition, service by publication may not be used for a person incarcerated in a Department of Corrections facility, a county detention facility, or other facility where inmates are housed for the county where the seizing agency is located. The seizing agency shall check the appropriate institutions after receiving an affidavit of nonservice before attempting service by publication.


(6) Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.


(7) Disposition of forfeited property under this section must be accomplished as follows:


(a) Property forfeited under this subsection shall first be applied to payment to the victim. The return of the victim to his home country or other absence of the victim from the jurisdiction shall not prevent the victim from receiving compensation.


(b) The victim and the South Carolina Victims' Compensation Fund shall each receive one-fourth, and law enforcement shall receive one-half of the value of the forfeited property.


(c) If no victim is named, or reasonable attempts to locate a named victim for forfeiture and forfeiture fails, then all funds shall revert to the South Carolina Victims' Compensation Fund and law enforcement to be divided equally.


(d) If federal law enforcement becomes involved in the investigation, they shall equitably split the share local law enforcement receives under this section, if they request or pursue any of the forfeiture. The equitable split must be pursuant to 21 U.S.C. Section 881(e)(1)(A) and (e)(3), 18 U.S.C. Section 981(e)(2), and 19 U.S.C. Section 1616a.


(C)(1) An innocent owner, manager, or owner of a licensed rental agency or any common carrier or carrier of goods for hire may apply to the court of common pleas for the return of any item seized. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice. If the judge denies the application, the hearing may proceed as a forfeiture hearing.


(2) The court may return any seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:


(a) in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture; or


(b) in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that any agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.


If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.


(3) The lien of an innocent person or other legal entity, recorded in public records, shall continue in force upon transfer of title of any forfeited item, and any transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture.


(D) A person who uses property or a conveyance in a manner which would make the property or conveyance subject to forfeiture except for innocent owners, rental agencies, lienholders, and the like as provided for in this section, is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than one year, fined not more than five thousand dollars, or both. The penalties prescribed in this section are cumulative and must be construed to be in addition to any other penalty prescribed by another provision of this article.


CREDIT(S)


HISTORY: 2012 Act No. 258, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-10. Conspiracy against civil rights.


It is unlawful for two or more persons to band or conspire together or go in disguise upon the public highway or upon the premises of another with the intent to injure, oppress, or violate the person or property of a citizen because of his political opinion or his expression or exercise of the same or attempt by any means, measures, or acts to hinder, prevent, or obstruct a citizen in the free exercise and enjoyment of any right or privilege secured to him by the Constitution and laws of the United States or by the Constitution and laws of this State.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. A person convicted under this section is ineligible to hold, and disabled from holding, any office of honor, trust, or profit in this State.


CREDIT(S)


HISTORY: 1962 Code § 16-101; 1952 Code § 16-101; 1942 Code § 1380; 1932 Code § 1380; Cr. C. '22 § 310; Cr. C. '12 § 320; Cr. C. '02 § 233; G. S. 2567; R. S. 198; 1871 (14) 560; 1960 (51) 1602; 1993 Act No. 184, § 22.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-20. Punishment for commission of additional crimes.


If in violating any of the provisions of § 16-5-10 or 16-5-50 any other crime, misdemeanor or felony shall be committed, the offender or offenders shall, on conviction thereof, be subjected to such punishment for the same as is attached to such crime, misdemeanor and felony by the existing laws of this State.


CREDIT(S)


HISTORY: 1962 Code § 16-102; 1952 Code § 16-102; 1942 Code § 1381; 1932 Code § 1381; Cr. C. '22 § 311; Cr. C. '12 § 321; Cr. C. '02 § 234; G. S. 2568; R. S. 199; 1871 (14) 560.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-30. Duty and liability of officers.


Any constable, sheriff or magistrate, upon receipt of notice from any person that he has knowledge of an intention or attempt to destroy his property or to collect a mob for that purpose, shall take all legal means necessary for the protection of such property as is attacked or threatened to be attacked, and if such constable, sheriff or magistrate, upon receipt of such notice or upon knowledge of such intention or attempt to destroy such property in any wise received, shall neglect or refuse to perform his duty in the premises, he shall be liable for the damages done to such property, to be recovered by action, and shall also be deemed guilty of a misdemeanor in office and, on conviction thereof, shall forfeit his commission.


CREDIT(S)


HISTORY: 1962 Code § 16-103; 1952 Code § 16-103; 1942 Code § 1386; 1932 Code § 1386; Cr. C. '22 § 316; Cr. C. '12 § 326; Cr. C. '02 § 239; G. S. 2573; R. S. 204; 1871 (14) 561.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-40. Duty of officers to execute warrants.


All sheriffs, constables, and other officers specially empowered shall obey and execute all warrants and other processes issued under the provisions of Sections 16-5-10, 16-5-20, or 16-5-50 and directed to them. If a sheriff, constable, or other officer specially empowered refuses to receive a warrant or other process when tendered to him or neglects or refuses to execute the same, he is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned not more than three years. Fines collected are for use of citizens deprived of the rights secured by the provisions of this chapter.


Warrants and other processes run with and are executed by officers anywhere within the circuit or county in which they are issued.


CREDIT(S)


HISTORY: 1962 Code § 16-104; 1952 Code § 16-104; 1942 Code § 1382; 1932 Code § 1382; Cr. C. '22 § 312; Cr. C. '12 § 322; Cr. C. '02 § 235; G. S. 2569; R. S. 200; 1871 (14) 560; 1993 Act No. 184, § 163.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-50


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-50. Penalty for hindering officers or rescuing prisoners.


Any person who shall (a) hinder, prevent, or obstruct any officer or other person charged with the execution of any warrant or other process issued under the provisions of this chapter in arresting any person for whose apprehension such warrant or other process may have been issued, (b) rescue or attempt to rescue such person from the custody of the officer or person or persons lawfully assisting him, as aforesaid, (c) aid, abet, or assist any person so arrested, as aforesaid, directly or indirectly, to escape from the custody of the officer or person or persons assisting him, as aforesaid, or (d) harbor or conceal any person for whose arrest a warrant or other process shall have been issued, so as to prevent his discovery and arrest, after notice or knowledge of the fact of the issuing of such warrant or other process, shall, on conviction for any such offense, be subject to a fine of not more than three thousand dollars or imprisonment for not more than three years, or both, at the discretion of the court having jurisdiction.


CREDIT(S)


HISTORY: 1962 Code § 16-105; 1952 Code § 16-105; 1942 Code § 1383; 1932 Code § 1383; Cr. C. '22 § 313; Cr. C. '12 § 323; Cr. C. '02 § 236; G. S. 2570; R. S. 201; 1871 (14) 561; 2010 Act No. 273, § 19, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-60. Suits against county for damages to person or property resulting from violation of person's civil rights.


Any citizen who shall be hindered, prevented or obstructed in the exercise of the rights and privileges secured to him by the Constitution and laws of the United States or by the Constitution and laws of this State or shall be injured in his person or property because of his exercise of the same may claim and prosecute the county in which the offense shall be committed for any damages he shall sustain thereby, and the county shall be responsible for the payment of such damages as the court may award, which shall be paid by the county treasurer of such county on a warrant drawn by the governing body thereof. Such warrant shall be drawn by the governing body as soon as a certified copy of the judgment roll is delivered to them for file in their office.


CREDIT(S)


HISTORY: 1962 Code § 16-106; 1952 Code § 16-106; 1942 Code § 1384; 1932 Code § 1384; Cr. C. '22 § 314; Cr. C. '12 § 324; Cr. C. '02 § 237; G. S. 2571; R. S. 202; 1871 (14) 561.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-70


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-70. Indemnity for property destroyed by mob or riot.


When any dwelling house, building or other property, real or personal, shall be destroyed in consequence of any mob or riot it shall be lawful for any person owning or interested in such property to bring a suit against the county in which such property was situated and being for the recovery of such damages as he may have sustained by reason of the destruction thereof. The amount which shall be recovered in such action shall be paid in the manner provided by § 16-5-60.


CREDIT(S)


HISTORY: 1962 Code § 16-107; 1952 Code § 16-107; 1942 Code § 1385; 1932 Code § 1385; Cr. C. '22 § 315; Cr. C. '12 § 325; Cr. C. '02 § 238; G. S. 2572; R. S. 203; 1871 (14) 561.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-80


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-80. Damages shall not be recoverable from county when property damage results from plaintiff's illegal or negligent conduct.


No person shall be entitled to the recovery of such damages if it shall appear that the destruction of his property was caused by his illegal conduct, nor unless it shall appear that he, upon knowledge had of the intention or attempt to destroy his property or to collect a mob for that purpose and sufficient time intervening, gave notice thereof to a constable, sheriff or magistrate of the county in which such property was situated and being.


CREDIT(S)


HISTORY: 1962 Code § 16-108; 1952 Code § 16-108; 1942 Code § 1386; 1932 Code § 1386; Cr. C. '22 § 316; Cr. C. '12 § 326; Cr. C. '02 § 239; G. S. 2573; R. S. 204; 1871 (14) 561.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-90


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-90. Preservation of property owner's right of action against participants in mob or riot resulting in damage to property.


Nothing in this chapter shall be construed to prevent the person whose property is so injured or destroyed from having and maintaining his action against every person engaged or participating in such mob or riot to recover full damages for any injury sustained; provided, however, that no damages shall be recovered by such person against any of such rioters for the same injury for which compensation shall be made by the county.


CREDIT(S)


HISTORY: 1962 Code § 16-109; 1952 Code § 16-109; 1942 Code § 1387; 1932 Code § 1387; Cr. C. '22 § 317; Cr. C. '12 § 327; Cr. C. '02 § 240; G. S. 2574; R. S. 205; 1871 (14) 562.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-100


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-100. Jurisdiction of circuit courts.


The circuit courts of this State within their respective circuits in the counties of which the circuits are respectively composed shall have cognizance of all actions arising under the provisions of §§ 16-5-30, 16-5-70 and 16-5-110.


CREDIT(S)


HISTORY: 1962 Code § 16-110; 1952 Code § 16-110; 1942 Code § 988; 1932 Code § 988; Cr. P. '22 § 79; Cr. C. '12 § 330; Cr. C. '02 § 243; G. S. 2577; R. S. 208; 1871 (14) 562.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-110


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-110. County's right of action against participants in mob or riot resulting in county's liability for damages to property.


The governing body of the county against which damages shall be recovered under the provisions of this chapter may bring suit in the name of the county against any and all persons engaged or in any manner participating in any such mob or riot and against any constable, sheriff, magistrate or other officer charged with the maintenance of the public peace who may be liable, by neglect of duty, to the provisions of this chapter for the recovery of all damages, costs and expenses incurred by the county and such suits shall not abate or fail by reason of too many or too few parties defendant being named therein.


CREDIT(S)


HISTORY: 1962 Code § 16-111; 1952 Code § 16-111; 1942 Code § 1388; 1932 Code § 1388; Cr. C. '22 § 318; Cr. C. '12 § 328; Cr. C. '02 § 241; G. S. 2575; R. S. 206; 1871 (14) 562.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-120


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-120. Penalty for engaging in riot where weapon was not used.


Any person, upon conviction of engaging in a riot, rout or affray when no weapon was actually used and no wound inflicted shall be subject and liable for each offense to a fine not to exceed one hundred dollars or to imprisonment for a term not exceeding thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-113; 1952 Code § 16-113; 1942 Code § 1737; 1932 Code § 1737; Cr. C. '22 § 719; Cr. C. '12 § 23; Cr. C. '02 § 15; R. S. 14; 1892 (21) 93; 1893 (21) 411; 1894 (21) 824.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-130


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-130. Penalties for instigating, aiding or participating in riot.


A person who is convicted of riot, or of participating in a riot, either by being personally present, or by instigating, promoting, or aiding the same, is guilty of a:


(1) felony and must be imprisoned not more than five years or fined not more than one thousand dollars, or both, if the purpose of the assembly, or of the acts done or threatened or intended by the persons engaged, is to resist the enforcement of a statute of this State, or of the United States, or to obstruct any public officer of this State, or of the United States, in serving or executing any process or other mandate of a court of competent jurisdiction, or in the performance of any other duty; or if the offender carries, at the time of the riot, firearms, or any other dangerous weapon, or is disguised;


(2) misdemeanor and must be imprisoned not more than two years or fined not more than five hundred dollars, or both, if the offender directs, advises, encourages, or solicits other persons, present or participating in the riot or assembly, to acts of force or violence;


(3) misdemeanor and must be imprisoned not more than two years or fined not more than two hundred and fifty dollars, or both, in any case, not embraced within the foregoing subdivisions of this section.


This section must not be construed to prevent the peaceable assembling of persons for lawful purposes of protest or petition.


CREDIT(S)


HISTORY: 1962 Code § 16-113.1; 1968 (55) 2286; 1993 Act No. 184, § 164.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-5-140


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 5. Offenses Against Civil Rights

§ 16-5-140. Enforcement of chapter.


Sheriffs, constables and other officers in the several circuits or counties vested with powers of arresting, imprisoning and bailing offenders against the laws of this State shall institute proceedings against every person who shall violate the provisions of this chapter and cause them to be arrested, imprisoned or bailed, as the case may require, for a trial before such court as shall have jurisdiction of the offense.


CREDIT(S)


HISTORY: 1962 Code § 16-112; 1952 Code § 16-112; 1942 Code § 1389; 1932 Code § 1389; Cr. C. '22 § 319; Cr. C. '12 § 329; Cr. C. '02 § 242; G. S. 2576; R. S. 207; 1871 (14) 566.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 1. Offenses During State of Emergency

§ 16-7-10. Illegal acts during state of emergency.


(A) In any area designated by the Governor in his proclamation that a state of emergency exists, and during the duration of the proclamation, it is unlawful for a person to:


(1)(a) violate a provision in the proclamation including, but not limited to, any curfew set forth by the proclamation;


(b) congregate, unless authorized or in their homes, in groups of three or more and to refuse to disperse upon order of a law enforcement officer; or


(c) wilfully fail or refuse to comply with any lawful order or direction of any law enforcement officer.


A person violating the provisions of this item is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.


(2)(a) enter into the property of another, without lawful authority and with criminal intent;


(b) damage the property of another; or


(c) take possession or otherwise disturb the property of another in any manner.


A person violating a provision of this item is guilty of the felony of looting and, upon conviction, must be fined or imprisoned, or both, in the discretion of the court. The court must order restitution pursuant to Section 17-25-322;


(3) charge unconscionable prices during a declared state of emergency or disaster, as described in Section 39-5-145, or knowingly and wilfully use a misleading practice or device to solicit the contribution or sale of goods or services for charitable purposes in connection with a declared state of emergency or disaster, as described in Section 39-5-147.


(B) Penalties provided in this article are cumulative of and in addition to those provided in Sections 39-5-145 and 39-5-147.


CREDIT(S)


HISTORY: 1962 Code § 16-171; 1968 (55) 2741; 2002 Act No. 339, § 8, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 1. Offenses During State of Emergency

§ 16-7-20. Powers of law-enforcement officers.


All law-enforcement officers of the State or any of its subdivisions who may be called to duty in the area designated by the Governor in his proclamation, when engaged in the performance of duties in such area, shall have the full powers of constable at all places within such area and may pursue and arrest offenders against the laws of this State or the provisions of the proclamation.


CREDIT(S)


HISTORY: 1962 Code § 16-172; 1968 (55) 2741.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 1. Offenses During State of Emergency

§ 16-7-30. Powers of national guardsmen.


Members of the South Carolina National Guard shall have the powers of peace officers when they are (1) called or ordered into active State service by the Governor pursuant to §§ 25-1-1840, 25-1-1860 and 25-1-1890, (2) serving within the area wherein military assistance is required, and (3) directly assisting civil authorities. Any person arrested or taken into custody by a member of the Guard, under the provisions of this section, shall be dealt with as required by law of peace officers. No person arrested and taken into custody, under no circumstances, shall be detained or confined at any military installation.


CREDIT(S)


HISTORY: 1962 Code § 16-173; 1968 (55) 2741.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 1. Offenses During State of Emergency

§ 16-7-40. Article is cumulative.


The provisions of this article are cumulative and in addition to existing criminal laws.


CREDIT(S)


HISTORY: 1962 Code § 16-174; 1968 (55) 2741.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-110


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 3. Offenses Tending to Breach of Peace

§ 16-7-110. Wearing masks and the like.


No person over sixteen years of age shall appear or enter upon any lane, walk, alley, street, road, public way or highway of this State or upon the public property of the State or of any municipality or county in this State while wearing a mask or other device which conceals his identity. Nor shall any such person demand entrance or admission to or enter upon the premises or into the enclosure or house of any other person while wearing a mask or device which conceals his identity. Nor shall any such person, while wearing a mask or device which conceals his identity, participate in any meeting or demonstration upon the private property of another unless he shall have first obtained the written permission of the owner and the occupant of such property.


CREDIT(S)


HISTORY: 1962 Code § 16-114; 1952 Code § 16-114; 1951 (47) 132.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-120


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 3. Offenses Tending to Breach of Peace

§ 16-7-120. Placing burning or flaming cross in public place.


It shall be unlawful for any person to place or to cause to be placed in a public place in the State a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is the whole or a part or to place or cause to be placed on the property of another in the State a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is the whole or a part, without first obtaining written permission of the owner or occupier of the premises so to do.


CREDIT(S)


HISTORY: 1962 Code § 16-116; 1952 Code § 16-116; 1951 (47) 132.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-130


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 3. Offenses Tending to Breach of Peace

§ 16-7-130. Exceptions to §§ 16-7-110 and 16-7-120.


The provisions of §§ 16-7-110 and 16-7-120 shall not affect the following:


(1) Any person wearing traditional holiday costume;


(2) Any person engaged in a trade or employment in which a mask is worn for the purpose of ensuring the physical safety of the wearer or because of the nature of the occupation, trade or profession;


(3) Any person using a mask in a theatrical production or masquerade ball; or


(4) Any person wearing a gas mask prescribed in a civil defense drill or exercise or in an emergency.


CREDIT(S)


HISTORY: 1962 Code § 16-115; 1952 Code § 16-115; 1951 (47) 132.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-140


Effective: June 11, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 3. Offenses Tending to Breach of Peace

§ 16-7-140. Violations of §§ 16-7-110 and 16-7-120.


A person who violates any provision of Sections 16-7-110 and 16-7-120 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or by imprisonment for a period not to exceed twelve months.


CREDIT(S)


HISTORY: 1962 Code § 16-117; 1952 Code § 16-117; 1951 (47) 132; 2010 Act No. 237, § 89, eff June 11, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-150


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 3. Offenses Tending to Breach of Peace

§ 16-7-150. Slander and libel.


Any person who shall with malicious intent originate, utter, circulate or publish any false statement or matter concerning another the effect of which shall tend to injure such person in his character or reputation shall be guilty of a misdemeanor and, upon conviction therefor, be subject to punishment by fine not to exceed five thousand dollars or by imprisonment for a term not exceeding one year, or by both fine and imprisonment, in the discretion of the court; provided, that nothing herein shall be construed to abridge any right any person may have by way of an action for damages for libel or slander under the existing law.


CREDIT(S)


HISTORY: 1962 Code § 16-161; 1952 Code § 16-161; 1942 Code § 1395; 1932 Code § 1395; Cr. C. '22 § 326; 1912 (27) 775.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-160


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 3. Offenses Tending to Breach of Peace

§ 16-7-160. Illegal use of stink bombs or other devices containing foul or offensive odors.


It is unlawful for a person, other than a peace officer engaged in the discharge of his duty, to place or throw a stink bomb, tear-gas bomb, smoke bomb, or similar device which contains foul or offensive odors, may inflict injury, or cause fear sufficient to incite a riot or conditions of panic in or in close proximity to a public building, storehouse, theater, stadium, arena, motion picture theater, private residence, boardinghouse, or other building or structure where people lodge, congregate, or reside.


A person who violates the provisions of this section is guilty of a:


(1) misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than three thousand dollars, or both.


(2) felony if he causes serious bodily harm or injury and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. The court may order all or a portion of a fine to be paid to persons injured as a result of the violation to recover necessary medical expenses.


CREDIT(S)


HISTORY: 1962 Code § 16-162; 1952 Code § 16-162; 1942 Code § 1177-1; 1932 (38) 1534; 1933 (38) 137; 1987 Act No. 50 § 1; 1993 Act No. 184, § 23.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-7-170


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 7. Offenses Against the Peace

Article 3. Offenses Tending to Breach of Peace

§ 16-7-170. Entering public building for purpose of destroying records or other property.


Any person who enters into any private or public school, college or university building, or a public building, for the purpose of destroying records or other property, or destroys or damages records or other property, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years.


CREDIT(S)


HISTORY: 1962 Code § 16-163; 1969 (56) 318; 1993 Act No. 184, § 165.



Current through End of 2012 Reg. Sess.



Code 1976 T. 16, Ch. 8, Art. 1, Refs & Annos


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 1. General Provisions



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 1. General Provisions (Refs & Annos)

§ 16-8-10. Definitions.


As used in this chapter:


(1) “Bacteriological weapon” and “biological weapon” mean devices which are designed in a manner as to permit the intentional release into the population or environment of microbiological or other biological materials, toxins, or agents, whatever their origin or method of production, in a manner not authorized by law, or any device, the development, production, or stockpiling of which is prohibited pursuant to the “Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction”, 26 U.S.T. 583, TIAS 8063.


(2) “Bomb” includes a destructive device capable of being detonated, triggered, or set off to release any substance or material that is destructive, irritating, odoriferous, or otherwise harmful to one or more organisms including, but not limited to, human beings, livestock, animals, crops or vegetation, or to earth, air, water, or any other material or substance necessary or required to sustain human or any other individual form of life, or to real or personal property.


(3) “Civil disorder” means a public disturbance involving acts of violence by three or more persons which causes an immediate danger of or results in damage or injury to another person or his property.


(4) “Destructive device” means:


(a) a bomb, incendiary device, or any thing that can detonate, explode, be released, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gas, or toxic substance (chemical, biological, or nuclear materials) including, but not limited to, an incendiary or over-pressure device, or any other device capable of causing damage, injury, or death;


(b) a bacteriological weapon or biological weapon; or


(c) a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, or death.


(5) “Device” means an object, contrivance, instrument, technique, or means that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction.


(6) “Explosive” means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or one containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury, death, or damage to property. Explosives include, but are not limited to, the list of explosive materials published and periodically updated by the Bureau of Alcohol, Tobacco and Firearms.


(7) “Firearm” means a weapon which is designed to or readily may be converted to expel a projectile by the action of an explosive, or the frame or receiver of that weapon.


(8) “Incendiary” means any material that:


(a) causes, or is capable of causing, fire when it is lit or ignited; and


(b) is used to ignite a flammable liquid or compound in an unlawful manner.


(9) “Incendiary device” means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. Incendiary device includes, but is not limited to, any form of explosive, explosive bomb, grenade, missile, or similar device, whether capable of being carried or thrown by a person acting alone or with one or more persons, but does not include a device manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, or bridges, when used in a lawful manner.


(10) “Law enforcement officer” means:


(a) an officer or employee of the United States, a state, political subdivision of a state, or the District of Columbia, who is authorized to enforce laws and is acting within his official capacity;


(b) members of the National Guard;


(c) members of the organized militia of a state or territory;


(d) members of the Armed Forces of the United States.


(11) “Over-pressure device” means a container filled with an explosive gas or expanding gas or liquid which is designed or constructed so as to cause the container to break, fracture, or rupture in such a manner which is capable of causing death, bodily harm, or property damage, and includes, but is not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb.


(12) “Parts” means a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device.


(13) “Poisonous gases” means a toxic chemical or its precursors that through its chemical action or properties on life processes, causes death or injury to human beings or other living organisms. Poisonous gases do not include:


(a) riot control agents, smoke and obscuration materials, or medical products which are manufactured, possessed, transported, or used in accordance with the laws of this State or the United States;


(b) tear gas devices designed to be carried on or about the person which contain not more than fifty cubic centimeters of the chemical; or


(c) pesticides, as used in agriculture and household products.


(14) “Weapon of mass destruction” means:


(a) any destructive device as defined in item (4);


(b) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;


(c) any weapon involving a disease organism; or


(d) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.


CREDIT(S)


HISTORY: 1989 Act No. 42, § 1; 2000 Act No. 237, § 4; 2002 Act No. 339, § 39, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 1. General Provisions (Refs & Annos)

§ 16-8-20. Teaching or demonstrating use of or making of destructive device; penalties.


(A) A person may not:


(1) teach or demonstrate to another person the use, application, or making of a firearm or destructive device which is capable of causing injury or death if the person knows, has reason to know, or intends that what is taught or demonstrated will be employed unlawfully for use in, or in furtherance of, a civil disorder; nor


(2) assemble with one or more persons for the purpose of training, practicing, or instructing in the use of a firearm or destructive device which is capable of causing injury or death to persons if the training, practice, or instruction is used in furtherance of an unlawful purpose or a civil disorder.


(B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction:


(1) for a first offense must be fined not more than five thousand dollars or imprisoned for not more than five years, or both;


(2) for a second or subsequent offense must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both.


CREDIT(S)


HISTORY: 1989 Act No. 42, § 1; 2000 Act No. 237, § 5.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 1. General Provisions (Refs & Annos)

§ 16-8-30. Exceptions.


Nothing contained in this chapter prohibits:


(1) an act of a law enforcement officer performed within his official capacity;


(2) training for law enforcement officers conducted by or for an agency or a political subdivision of a state or an agency of the United States;


(3) activities of the National Guard or of the armed forces of the United States; or


(4) classes intended to teach the safe handling of legal firearms for hunting, recreation, competition, or self-defense.


CREDIT(S)


HISTORY: 1989 Act No. 42, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-210


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-210. Citation of article.


This article may be cited as the “Criminal Gang Prevention Act”.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-230


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-230. Definitions.


As used in this article:


(1) “Contraband” means any real or personal property, including money, that is owned by, in the possession of, or subject to the control of a criminal gang member and which is acquired by, derived from, or traceable to criminal gang activity.


(2) “Criminal gang” means a formal or informal ongoing organization, association, or group that consists of five or more persons who form for the purpose of committing criminal activity and who knowingly and actively participate in a pattern of criminal gang activity.


(3) “Criminal gang member” means an individual who is an active member of a criminal gang.


(4) “Pattern of criminal gang activity” means the commission or attempted commission of, commission as an accessory before or after the fact to, or solicitation or conspiracy to commit, by a criminal gang member, while knowingly and actively participating in criminal gang activity, four or more of the following offenses occurring within a two-year period, provided that at least three of these offenses occurred after July 1, 2007:


(a) a violent offense as defined in Section 16-1-60 committed as a part of criminal gang activity;


(b) financial transaction card crimes as defined in Chapter 14 of Title 16 committed as a part of criminal gang activity;


(c) first degree lynching as defined in Section 16-3-210 committed as a part of criminal gang activity;


(d) second degree lynching as defined in Section 16-3-220 committed as a part of criminal gang activity;


(e) breaking into a motor vehicle as defined in Section 16-13-160 committed as a part of criminal gang activity;


(f) grand larceny as defined in Section 16-13-30 committed as a part of criminal gang activity;


(g) blackmail as defined in Section 16-17-640 committed as a part of criminal gang activity;


(h) malicious injury to property as defined in Sections 16-11-510, 16-11-520, 16-11-530, and 16-11-535 committed as a part of criminal gang activity;


(i) drug offense as defined in Sections 44-53-370 and 44-53-375 committed as a part of criminal gang activity;


(j) harassment, stalking, or aggravated stalking as defined in Article 17, Chapter 3 of Title 16 committed as a part of criminal gang activity;


(k) pointing a firearm at any person as defined in Section 16-23-410 committed as a part of criminal gang activity;


(l) discharging a firearm at or into dwellings, structures, enclosures, vehicles, or equipment as defined in Section 16-23-440 committed as a part of criminal gang activity;


(m) the common law offense of assault and battery of a high and aggravated nature committed as a part of criminal gang activity; or


(n) the common law offense of obstruction of justice committed as a part of criminal gang activity.


(5) “Gang-related incident” means an incident that, upon investigation, meets any of the following conditions:


(a) the participants are identified as criminal gang members acting collectively to further a criminal purpose of the criminal gang;


(b) a reliable informant identifies an incident as criminal gang activity based upon first-hand knowledge or personal observation; or


(c) a person other than a reliable informant provides information that identifies an incident as criminal gang activity, and it is corroborated by independent information.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-240


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-240. Use of or threat of physical violence by criminal gang member; penalties.


(A) It is unlawful for a criminal gang member to use or threaten to use physical violence against another person with the intent to coerce, induce, or solicit that person or another person to actively participate in criminal gang activity, or to prevent another criminal gang member from withdrawing from or leaving a criminal gang. A criminal gang member who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. A criminal gang member convicted for a second or subsequent offense pursuant to this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.


(B) A criminal gang member who uses a firearm, any other deadly weapon, or physical violence to coerce, induce, or solicit another person to actively participate in a criminal gang, or to prevent another criminal gang member from withdrawing or leaving a criminal gang, in addition to the punishment prescribed in subsection (A), may be punished by an additional fine of not more than ten thousand dollars or by imprisonment for an additional period of not more than ten years, or both.


(C) If the person solicited, recruited, coerced, or threatened in violation of this section is under the age of eighteen, an additional term of three years may be imposed in addition and consecutive to the penalty prescribed for a violation of this section.


(D) A person who has been coerced, intimidated, threatened, or injured in violation of this section has a civil cause of action against a criminal gang or criminal gang member violating this section for treble the amount of the actual damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs from the criminal gang or criminal gang member.


(E) Nothing in this section limits prosecution under any other provision of law.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-250


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-250. Preventing witness or victim from testifying; penalty; coerced person's right to bring civil action.


(A) It is unlawful for a criminal gang member by threat or force to:


(1) prevent a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law that concerns or relates to any criminal activity; or


(2) attempt to prevent a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law that concerns or relates to any criminal activity.


(B) A criminal gang member who violates a provision of this section is guilty of a felony and, upon conviction, must be punished by a fine of not more than ten thousand dollars or imprisoned for not more than ten years, or both.


(C) A person who has been coerced, intimidated, threatened, or injured in violation of this section has a civil cause of action against a criminal gang or criminal gang member violating this section for treble the amount of his actual damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs from the criminal gang or criminal gang member.


(D) Nothing in this section limits prosecution under any other provision of law.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-260


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-260. Seizure of firearms, ammunition, electronic records, money, etc.; forfeiture actions.


(A)(1) Any firearm, ammunition to be used in a firearm, or dangerous weapon in the possession of a member of a criminal gang may be seized by a law enforcement officer or agency when the law enforcement officer or agency reasonably believes that the firearm, ammunition to be used in a firearm, or dangerous weapon is or has been used in a pattern of criminal gang activity or in the commission of a criminal act for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.


(2) Any written or electronic communications, records, money, negotiable instruments, or valuables may be seized by a law enforcement officer or agency when the law enforcement officer or agency reasonably believes that the written or electronic communications, records, money, negotiable instruments, or valuables have been used in a pattern of criminal gang activity or have been used for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.


(3) Any contraband, as defined in Section 16-8-230, or other asset owned or titled in the name of the gang or an individual gang member may be seized by a law enforcement officer or agency when the law enforcement officer or agency reasonably believes that the contraband or asset has been used in a pattern of criminal gang activity or has been used for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.


(B) The solicitor or another prosecuting attorney shall initiate, in a civil action, forfeiture proceedings by petition in a court of competent jurisdiction regarding any property seized pursuant to the provisions of this section within ninety days of seizure. The solicitor or another prosecuting attorney must provide notice of the filing of the petition to those criminal gang members who become known to law enforcement officials as a result of the seizure and any related arrests, and to any person learned by law enforcement officials to be the owner of any of the property involved. After initial notice of the filing of the petition, the court must ensure that all persons so notified continue to receive notice of all subsequent proceedings related to the property.


(C) A person who claims an interest in any seized property, in order to assert a claim that the property should not be forfeited, must file a notice with the court, without the necessity of paying costs, of the intent to establish either of the following:


(1) that the person asserting the claim did not know and could not have known of the property's use in the commission of a pattern of criminal gang activity or in furthering the interests of the criminal gang; or


(2) that the law enforcement officer lacked the requisite reasonable belief that the property was or would be used in the commission of a pattern of criminal gang activity or in furtherance of the interests of the criminal gang.


(D) In any hearings held and determinations made, pursuant to this section, the court may receive and consider, in making a determination of reasonable cause, all evidence admissible in determining reasonable or probable cause at a preliminary hearing together with inferences arising from the evidence presented.


(E) An acquittal or dismissal in a criminal proceeding must not preclude civil proceedings under this section. However, for good cause shown, on motion by the solicitor or another prosecuting attorney, the court may stay civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a violation of this section. A stay is not available pending an appeal.


(F) Except as otherwise provided by this section, all proceedings under this section are governed according to the common law, by statutory provisions relating to civil remedies and procedures, and the rules of civil procedure established for the circuit court. Additionally, any action under the provisions of this section may be consolidated with any other action or proceeding pursuant to this section relating to the same property on motion of the solicitor or prosecuting attorney.


(G) The forfeiture provided for in this section must be decided by the court. The hearing on the claim must be held within sixty days after service of the petition, unless continued for good cause. The solicitor or prosecuting attorney has the burden of proof to establish by a preponderance of the evidence that the property is subject to forfeiture.


(H) A person who asserts a successful claim in accordance with subsection (C) must be awarded the seized property by the court. All property to which no claim is filed, or to which no successful claim is made may be destroyed, sold at a public or private sale, retained for use by the seizing agency, or transferred without charge to any law enforcement agency of the State for use by the agency.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-270


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-270. Civil cause of action in favor of State of South Carolina or political entity; actions for injunction; venue; service of process.


(A) A civil cause of action is created in favor of the State of South Carolina, a county, municipality, or another political subdivision, or an agency or instrumentality of them, that sustains any damage, impairment, or injury proximately caused by a pattern of criminal gang activity as defined in this article, or the commission of a criminal act for the purpose of benefiting, promoting, or furthering the interests of a criminal gang. The cause of action created by this section may be brought against a criminal gang, a criminal gang member, or any other person who intentionally directs, participates, conducts, furthers, or assists in the commission of a pattern of criminal gang activity, or any other person who commits a criminal act or delinquency for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.


(B) Except as provided in this section, an action for injunction, damages, or other relief filed pursuant to this section must proceed according to the common law, statutory provisions relating to civil remedies and procedures, and the rules of civil procedure established for the circuit court.


(C) For purposes of venue, an action under this section for the recovery of damages may be brought in the county where the wrongful conduct occurred, or in the county where the damages were sustained. An action to enjoin the commission of an offense or an unlawful act may be brought in the county where the wrongful conduct occurred or may occur. For purposes of service of process, service of process upon a member of a criminal gang or a person representing a criminal gang member by appointment of court, operation of law, or mandate constitutes adequate service upon a criminal gang.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-280


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-280. Identity of informant exempt from disclosure.


In all civil actions brought under the provisions of this article, the identity of an informant, identifying information relating to an informant, and all matters exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, are exempt from discovery or disclosure under the rules of civil procedure.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-290


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-290. Notification of police or sheriff of release of criminal gang member from prison.


When a criminal gang member is released from the custody of a jail, prison, or corrections facility, and the criminal gang member was in the custody of the jail, prison, or corrections facility for a violation of the provisions of this article, the jail, prison, or corrections facility must transmit notice of the release of the criminal gang member to the sheriff of the county in which the crime was committed. Notice also must be given to a sheriff that the criminal gang member is being released and has provided an address within the jurisdiction of that sheriff for the county in which the criminal gang member intends to reside. If the crime was committed in a municipality, or if the criminal gang member will reside in a municipality upon release, that law enforcement agency must transmit the same notice to the chiefs of police of those municipalities.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-310


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-310. Local ordinances.


Nothing in this article prohibits the governing body of a county, a municipality, or another political subdivision of the State from adopting and enforcing ordinances consistent with this article relating to criminal gangs, criminal gang members, and gang violence. When local ordinances duplicate or supplement this article, this article provides alternative remedies.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-320


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-320. Access to and maintenance of records of criminal gang activity.


The State Law Enforcement Division must include the Violent Gang and Terrorist Organization File of the Federal Bureau of Investigation's National Crime Information Center among those National Crime Information Center data available for direct access by authorized criminal justice agencies. State, county, and municipal law enforcement agencies must maintain a record of all persons who are found to be criminal gang members in the Violent Gang and Terrorist Organization File in accordance with the National Crime Information Center entry criteria. All gang-related incidents must be appropriately annotated in the South Carolina Incident-Based Reporting System pursuant to the intent and purpose of this article.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-330


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-330. Development and management of statewide criminal gang database.


(A) Pursuant to achieving the intent and purpose of this article, the State Law Enforcement Division must develop and manage a statewide criminal gang database to facilitate the exchange of information between federal, state, county, and municipal law enforcement agencies pursuant to the intent and purpose of this article.


(B) All state, county, and municipal law enforcement agencies must furnish information they acquire relating to criminal gangs and gang-related incidents to the State Law Enforcement Division to be included in the database.


(C) The State Law Enforcement Division may determine if information relating to criminal gangs, gang-related incidents, patterns of gang activity, or members or associates of criminal gangs received from federal law enforcement agencies and law enforcement agencies of other states is to be included in the database.


(D) Criminal information relating to a criminal gang and collected pursuant to this article must be consistent with the criteria required on the effective date of this act by the Violent Gang and Terrorist Organization File of the Federal Bureau of Investigation's National Crime Information Center. The State Law Enforcement Division is authorized pursuant to the Administrative Procedures Act in Chapter 23, Title 1:


(1) to promulgate emergency regulations to make the criteria effective for collection of database information until such time as permanent regulations are promulgated and affirmatively approved by the General Assembly;


(2) to promulgate permanent regulations consistent with the criteria required on the effective date of this act, which are to be affirmatively approved by the General Assembly, and to amend those regulations to reflect changes made in the criteria; and


(3) to promulgate permanent regulations concerning the punishment associated with intentional misuse of the database.


(E) Information relating to a person who does not have a criminal arrest record and is not a member of a criminal gang must be used only for intelligence, investigative, and tracking purposes.


(F) The information contained in this database is not subject to the provisions of the Freedom of Information Act.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 5, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-8-340


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 8. Offenses Promoting Civil Disorder

Article 3. Criminal Gang Prevention Act

§ 16-8-340. Community anti-gang matching grants program.


There is established in the appropriate office of the State Budget and Control Board a Community Safety Anti-Gang Matching Grants program to provide funding for local programs to prevent youth idleness and intervene with at-risk youth. These grants may be awarded to counties and municipalities upon application for after school programs, summer youth employment programs, and police and sheriff anti-gang task forces. Grants must be awarded on a two-for-one matching basis with the local match component consisting of cash. Grant applications must be reviewed and rated by the Governor's Committee on Criminal Justice, Crime, and Delinquency, but responsibility for the award of grants is solely with the board. Funding for these grants must be in the amount as the General Assembly shall provide by law.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 7, eff June 12, 2007.



Current through End of 2012 Reg. Sess.




Code 1976 § 16-9-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 1. Perjury

§ 16-9-10. Perjury and subornation of perjury.


(A)(1) It is unlawful for a person to wilfully give false, misleading, or incomplete testimony under oath in any court of record, judicial, administrative, or regulatory proceeding in this State.


(2) It is unlawful for a person to wilfully give false, misleading, or incomplete information on a document, record, report, or form required by the laws of this State.


(B)(1) A person who violates the provisions of subsection (A)(1) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.


(2) A person who violates the provisions of subsection (A)(2) is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not less than one hundred dollars, or both.


(C) A person may be convicted under this section if he induces, procures, or persuades another person to commit perjury or if he commits perjury by his own act, consent, or agreement.


CREDIT(S)


HISTORY: 1962 Code § 16-201; 1952 Code § 16-201; 1942 Code § 1397; 1932 Code § 1397; Cr. C. '22 § 332; Cr. C. '12 § 340; Cr. C. '02 § 253; G. S. 2531; R. S. 217; 1712 (2) 487; 1993 Act No. 184, § 89.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 1. Perjury

§ 16-9-20. Subornation of perjury in civil actions.


(A) It is unlawful for a person to:


(1) wilfully induce, procure, or persuade another person by any means to commit perjury in initiating a civil action or proceeding; or


(2) wilfully induce, procure, or persuade another person to give false, misleading, or incomplete testimony while under oath in a civil action or proceeding.


(B) A person who violates the provision of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months and fined not less than two hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-202; 1952 Code § 16-202; 1942 Code § 1398; 1932 Code § 1398; Cr. C. '22 § 333; Cr. C. '12 § 341; Cr. C. '02 § 254; G. S. 2532; R. S. 218; 1712 (2) 487; 1993 Act No. 184, § 90.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 1. Perjury

§ 16-9-30. False swearing before persons authorized to administer oaths.


It is unlawful for a person to wilfully and knowingly swear falsely in taking any oath required by law that is administered by a person directed or permitted by law to administer such oath.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-203; 1952 Code § 16-203; 1942 Code § 1400; 1932 Code § 1400; Cr. C. '22 § 335; Cr. C. '12 § 343; Cr. C. '02 § 256; G. S. 2534; R. S. 220; 1833 (2) 485; 1993 Act No. 184, § 166.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 1. Perjury

§ 16-9-50. Disposition of fines.


The one moiety of the fines imposed by this article shall be for the State and the other moiety to such person as shall be grieved, hindered or molested by reason of the offense or offenses before mentioned that will sue for the same by action in any court of competent jurisdiction.


CREDIT(S)


HISTORY: 1962 Code § 16-205; 1952 Code § 16-205; 1942 Code § 1399; 1932 Code § 1399; Cr. C. '22 § 334; Cr. C. '12 § 342; Cr. C. '02 § 255; G. S. 2533; R. S. 219; 1712 (2) 488.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-210


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-210. Giving or offering bribes to officers.


Whoever corruptly gives, offers or promises to any executive, legislative or judicial officer, after his election or appointment, either before or after he is qualified or has taken his seat, any gift or gratuity whatever, with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be pending or may by law come or be brought before him in his official capacity, shall be punished by imprisonment in the State Penitentiary at hard labor not exceeding five years or by a fine not exceeding three thousand dollars and imprisonment in jail not exceeding one year.


CREDIT(S)


HISTORY: 1962 Code § 16-211; 1952 Code § 16-211; 1942 Code § 1402; 1932 Code § 1402; Cr. C. '22 § 337; Cr. C. '12 § 348; Cr. C. '02 § 261; G. S. 2536; R. S. 225; 1869 (14) 308.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-220


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-220. Acceptance of bribes by officers.


Every executive, legislative or judicial officer who corruptly accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to such an officer under an agreement or with an understanding that his vote, opinion or judgment shall be given in any particular manner or on any particular side of any question, cause or proceeding which is or may be by law brought before him in his official capacity or that, in such capacity, he shall make any particular nomination or appointment shall forfeit his office, be forever disqualified to hold any public office, trust or appointment under the laws of this State and be punished by imprisonment in the State Penitentiary at hard labor not exceeding ten years or by fine not exceeding five thousand dollars and imprisonment in jail not exceeding two years.


CREDIT(S)


HISTORY: 1962 Code § 16-212; 1952 Code § 16-212; 1942 Code § 1403; 1932 Code § 1403; Cr. C. '22 § 338; Cr. C. '12 § 349; Cr. C. '02 § 262; G. S. 2537; R. S. 226; 1869 (14) 308.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-230


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-230. Acceptance of rebates or extra compensation.


No person holding an office or position of trust or profit in this State or in the public institutions thereof shall accept rebates or extra compensation in addition to that provided by law. Any person violating the provisions of this section shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars or be imprisoned for not less than three months nor more than five years.


This section shall not apply to officers accepting rebates not for their individual use but for the benefit and in behalf of the State.


CREDIT(S)


HISTORY: 1962 Code § 16-213; 1952 Code § 16-213; 1942 Code § 1518; 1932 Code § 1518; Cr. C. '22 § 466; Cr. C. '12 § 539; Cr. C. '02 § 382; 1899 (23) 96.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-240


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-240. Taking of consideration or the like by sheriff or other officer for not performing duties.


If a sheriff, deputy sheriff, constable or other officer authorized to serve legal process receives from the defendant or any other person any money or other valuable thing as a consideration, reward or inducement for omitting or delaying to arrest a defendant or to carry him before a magistrate, for delaying to take a person to prison, for postponing the sale of property under an execution or for omitting or delaying to perform any duty pertaining to his office he shall be punished by a fine not exceeding three hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-214; 1952 Code § 16-214; 1942 Code § 1522; 1932 Code § 1522; Cr. C. '22 § 470; Cr. C. '12 § 543; Cr. C. '02 § 386; G. S. 2554; R. S. 303; 1869 (14) 308.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-250


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-250. Unlawful acceptance of remuneration by peace officers for performing official duties.


It shall be a misdemeanor for any sheriff or other peace officer in South Carolina to make any charge for the arrest, detention, conveying or delivering of any person charged with the commission of crime in this State, except the mileage and necessary expenses as now provided by law. Any sheriff or other officer who shall violate the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned not less than thirty days and not more than six months, or both fined and imprisoned at the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-215; 1952 Code § 16-215; 1942 Code § 1523; 1932 Code § 1523; 1931 (37) 76.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-260


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-260. Corrupting jurors, arbitrators, umpires or referees.


Whoever corrupts or attempts to corrupt any juror, arbitrator, umpire or referee by giving, offering or promising any gift or gratuity whatever with intent to bias the opinion or influence the decision of such juror, arbitrator, umpire or referee in relation to any cause or matter pending in the court or before an inquest or for the decision of which such arbitrator, umpire or referee has been chosen or appointed shall be punished by imprisonment in the State Penitentiary at hard labor not exceeding five years or by fine not exceeding one thousand dollars and imprisonment in jail not exceeding one year.


CREDIT(S)


HISTORY: 1962 Code § 16-217; 1952 Code § 16-217; 1942 Code § 1404; 1932 Code § 1404; Cr. C. '22 § 339; Cr. C. '12 § 350; Cr. C. '02 § 263; G. S. 2538; R. S. 227; 1869 (14) 309.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-270


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-270. Acceptance of bribes by jurors, arbitrators, umpires or referees.


If any person summoned as a juror or chosen or appointed as an arbitrator, umpire or referee corruptly receives any gift or gratuity whatever from a party to a suit, cause or proceeding for the trial or decision of which such juror has been summoned or for the hearing or determination of which such arbitrator, umpire or referee has been chosen or appointed, he shall be punished by imprisonment in the State Penitentiary at hard labor not exceeding five years or by fine not exceeding one thousand dollars and imprisonment in jail not exceeding one year.


CREDIT(S)


HISTORY: 1962 Code § 16-218; 1952 Code § 16-218; 1942 Code § 1405; 1932 Code § 1405; Cr. C. '22 § 340; Cr. C. '12 § 351; Cr. C. '02 § 264; G. S. 2639; R. S. 228; 1869 (14) 309.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-280


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-280. Offering bribe for purpose of inducing another to procure public office.


If any person shall, directly or indirectly, offer to give or engage to pay any sum of money or other valuable consideration to another in order to induce such other person to procure for him by his interest, influence or any other means whatsoever any office or place of trust within this State, whether such office is to be obtained through any general, special or primary election or from any elective tribunal, or shall offer, give, promise or bestow any reward by meat, drink or otherwise, for the aforesaid purpose, and be thereof convicted, he shall forfeit the sum of not less than one hundred nor more than five hundred dollars and suffer imprisonment for a term not exceeding six months.


CREDIT(S)


HISTORY: 1962 Code § 16-558.1; 1952 Code § 16-558.1; 1950 (46) 2059.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-290


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-290. Accepting bribes for purpose of procuring public office.


If any person shall receive of another any sum of money or reward of meat, drink or other valuable consideration for procuring or assisting to procure any office or place of trust in this State, whether such office is to be obtained through any general, special or primary election or from any elective tribunal, for any other person whatever and be convicted thereof, he shall forfeit the sum of not more than one hundred dollars and suffer imprisonment at the discretion of the court having cognizance of the same. And if such offender be in any office he shall, on conviction, be disabled from holding such office.


CREDIT(S)


HISTORY: 1962 Code § 16-558.2; 1952 Code § 16-558.2; 1950 (46) 2059.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-300


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 3. Bribery, Corruption of Jurors and the Like

§ 16-9-300. Trial of offenses against §§ 16-9-280 and 16-9-290.


All offenses against the provisions of §§ 16-9-280 and 16-9-290 shall be heard, tried and determined before the court of general sessions after the indictment.


CREDIT(S)


HISTORY: 1962 Code § 16-558.3; 1952 Code § 16-558.3; 1950 (46) 2059.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-310


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 4. Interference with Judicial Process

§ 16-9-310. “Law enforcement officer” defined.


For purposes of this article “law enforcement officer” shall mean any duly appointed or commissioned law enforcement officer of the State, a county or municipality.


CREDIT(S)


HISTORY: 1980 Act No. 511, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-320


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 4. Interference with Judicial Process

§ 16-9-320. Opposing or resisting law enforcement officer serving process; assaulting officer engaged in serving process.


(A) It is unlawful for a person knowingly and wilfully to oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or both.


(B) It is unlawful for a person to knowingly and wilfully assault, beat, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both.


CREDIT(S)


HISTORY: 1980 Act No. 511, § 3; 1990 Act No. 598, § 2; 1993 Act No. 184, § 24.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-330


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 4. Interference with Judicial Process

§ 16-9-330. Refusal or wilful failure to obey subpoena; refusal to take oath or answer questions as required by court.


Any person who:


(a) Being duly served with a subpoena legally issued in any cause pending in any court or in any matter before any legal authority, shall refuse or wilfully fail to obey such subpoena or shall secret himself shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both;


(b) Being present before any court and being called upon to give testimony, shall refuse to take an oath or affirmation or, being sworn or affirmed, shall refuse to answer any questions required by such court shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned for not more than six months, or both. Nothing in this item shall be construed to prohibit or punish the exercise by any person of his right not to be compelled to incriminate himself, as set forth in the Constitutions of this State and the United States and construed by the courts of this State and the United States.


CREDIT(S)


HISTORY: 1980 Act No. 511, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-340


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 4. Interference with Judicial Process

§ 16-9-340. Intimidation of court officials, jurors or witnesses.


(A) It is unlawful for a person by threat or force to:


(1) intimidate or impede a judge, magistrate, juror, witness, or potential juror or witness, arbiter, commissioner, or member of any commission of this State or any other official of any court, in the discharge of his duty as such; or


(2) destroy, impede, or attempt to obstruct or impede the administration of justice in any court.


(B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.


CREDIT(S)


HISTORY: 1980 Act No. 511, § 3; 1993 Act No. 184, § 25; 1996 Act No. 255, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-350


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 4. Interference with Judicial Process

§ 16-9-350. Attempting to influence juror by written or oral communication; communications authorized by court not prohibited.


Any person who attempts personally or through third parties to influence the action or decision of any grand or petit juror of any court in this State or any prospective juror, upon any issue or matter which is or may be pending before such juror or before the jury of which he is or may become a member, by writing or sending him any written communication or making any oral communication relating to such issue or matter, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.


Nothing in this section shall be construed to prohibit the communication of a request to appear before the grand jury, or other communication authorized by the court.


CREDIT(S)


HISTORY: 1980 Act No. 511, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-360


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 4. Interference with Judicial Process

§ 16-9-360. Unauthorized recording of grand or petit jury proceedings.


Any person who knowingly and wilfully, without authorization of the court, by any means or device, records or attempts to record the proceedings of any grand or petit jury in any court of this State while such jury is investigating or deliberating shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.


CREDIT(S)


HISTORY: 1980 Act No. 511, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-370


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 4. Interference with Judicial Process

§ 16-9-370. Taking money or reward to compound or conceal offense.


Any person who, knowing of the commission of an offense, takes any money or reward, upon an agreement or undertaking expressed or implied, to compound or conceal such offense or not to prosecute or give evidence shall:


(a) If such offense is a felony be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned not more than one year, or both;


(b) If such offense is a misdemeanor be deemed guilty of a misdemeanor and upon conviction be fined not more than one hundred dollars or imprisoned not more than three months, or both.


CREDIT(S)


HISTORY: 1980 Act No. 511, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-380


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 4. Interference with Judicial Process

§ 16-9-380. Relationship between Article 4, common law, civil relief and other statutes.


This article codifies various common law crimes and supersedes them but no person shall be prosecuted or convicted for the commission of the crimes defined herein if a contempt proceeding is instituted against him in any court of this State on account of conduct defined as a crime herein nor shall injunctive or other civil relief against such conduct be denied upon the ground that the conduct constitutes a crime. If any other statute of this State more specifically describes and prohibits the conduct also prohibited in this article and provides penalties, that statute shall govern and no prosecution may be instituted under this article.


CREDIT(S)


HISTORY: 1980 Act No. 511, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-410


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 5. Aiding or Permitting Escape or Taking of Prisoners

§ 16-9-410. Aiding escapes from prison; rescuing prisoners.


(A) It is unlawful for a person to:


(1) convey into a jail, correctional facility, or other like place of confinement any disguise, instrument, tool, weapon, or other thing adapted or useful to aid a prisoner in making his escape, with intent to facilitate the escape of a prisoner lawfully committed or detained; or


(2) aid or assist a prisoner by any means in his endeavor to escape, whether the escape is effected or attempted or not.


(B) It is unlawful for a person to forcibly rescue a prisoner held in custody.


(C) A person who violates the provisions of this section is guilty of a:


(1) felony and, upon conviction, must be imprisoned not more than ten years;


(2) misdemeanor and, upon conviction, must be imprisoned not more than two years or fined not more than five hundred dollars if the person whose escape or rescue was effected or intended was charged with a noncapital offense.


CREDIT(S)


HISTORY: 1962 Code § 16-231; 1952 Code § 16-231; 1942 Code § 1409; 1932 Code § 1409; Cr. C. '22 § 344; Cr. C. '12 § 355; Cr. C. '02 § 268; G. S. 2543; R. S. 232; 1824 (6) 244; 1993 Act No. 184, § 167.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-420


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 5. Aiding or Permitting Escape or Taking of Prisoners

§ 16-9-420. Aiding escape from custody of officers.


Whoever aids or assists a prisoner in escaping or attempting to escape from an officer or person who has the lawful custody of such prisoner shall be punished by imprisonment in the State Penitentiary, at hard labor, not exceeding two years or by fine not exceeding five hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-232; 1952 Code § 16-232; 1942 Code § 1410; 1932 Code § 1410; Cr. C. '22 § 345; Cr. C. '12 § 356; Cr. C. '02 § 269; G. S. 2544; R. S. 233; 1824 (6) 244.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-430


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 5. Aiding or Permitting Escape or Taking of Prisoners

§ 16-9-430. Jailer or other officer wilfully suffering escapes.


If a jailer or other officer wilfully suffers a prisoner in his custody upon conviction or on any criminal charge to escape he shall suffer the like punishment and penalties as the prisoner suffered to escape was sentenced to or would be liable to suffer upon conviction of the crime or offense wherein he stood charged.


CREDIT(S)


HISTORY: 1962 Code § 16-233; 1952 Code § 16-233; 1942 Code § 1411; 1932 Code § 1411; Cr. C. '22 § 346; Cr. C. '12 § 357; Cr. C. '02 § 270; G. S. 2545; R. S. 234; 1824 (6) 244.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-440


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 5. Aiding or Permitting Escape or Taking of Prisoners

§ 16-9-440. Officer permitting prisoner to be taken by a mob or other unlawful assemblage of persons.


If any prisoner lawfully in the charge, custody or control of any officer, State, county or municipal, shall be seized and taken from such officer through his negligence, permission or connivance by a mob or other unlawful assemblage of persons and at their hands suffering bodily violence or death, the officer shall be deemed guilty of a misdemeanor and, upon true bill found, shall be deposed from his office pending his trial and, upon conviction, shall forfeit his office and shall, unless pardoned by the Governor, be ineligible to hold any office of trust or profit within this State.


CREDIT(S)


HISTORY: 1962 Code § 16-234; 1952 Code § 16-234; 1942 Code § 1128; 1932 Code § 1128; Cr. C. '22 § 27; Cr. C. '12 § 173; Cr. C. '02 § 142; 1896 (22) 213; 1908 (25) 1019.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-450


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 5. Aiding or Permitting Escape or Taking of Prisoners

§ 16-9-450. Prosecution of officers violating § 16-9-440; fees and costs.


It shall be the duty of the prosecuting attorney within whose circuit or county any such offense as is described in § 16-9-440 may be committed to forthwith institute a prosecution against such officer. The officer shall be tried in such county in the same circuit, other than the one in which the offense was committed, as the Attorney General may elect. The fees and mileage of all material witnesses, both for the State and the defense, shall be paid by the county treasurer of the county in which the case originated on a certificate issued by the clerk and signed by the presiding judge showing the amounts due the witnesses.


CREDIT(S)


HISTORY: 1962 Code § 16-235; 1952 Code § 16-235; 1942 Code § 1128; 1932 Code § 1128; Cr. C. '22 § 27; Cr. C. '12 § 173; Cr. C. '02 § 142; 1896 (22) 213; 1908 (25) 1019.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-9-460


Effective: January 1, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 9. Offenses Against Public Justice

Article 5. Aiding or Permitting Escape or Taking of Prisoners

§ 16-9-460. Unlawful entry into the United States; furthering illegal entry by or avoidance of detection of undocumented alien; penalties; exceptions.


(A) It is a felony for a person who has come to, entered, or remained in the United States in violation of law to allow themselves to be transported, moved, or attempted to be transported within the State or to solicit or conspire to be transported or moved within the State with intent to further the person's unlawful entry into the United States or avoiding apprehension or detection of the person's unlawful immigration status by state or federal authorities.


(B) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.


(C) It is a felony for a person who has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter themselves from detection or to solicit or conspire to conceal, harbor, or shelter themselves from detection in any place, including a building or means of transportation, with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of the person's unlawful immigration status by state or federal authorities.


(D) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.


(E) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.


(F) A person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to a violation of this section must not be permitted to seek or obtain any professional license offered by the State or any agency or political subdivision of the State.


(G) This section does not apply to programs, services, or assistance including soup kitchens, crisis counseling, and intervention; churches or other religious institutions that are recognized as 501(c)(3) organizations by the Internal Revenue Service; or short-term shelters specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:


(i) deliver in-kind services at the community level, including through public or private nonprofit agencies;


(ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and


(iii) are necessary for the protection of life or safety.


Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as the shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States.


(H) Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section.


CREDIT(S)


HISTORY: 2008 Act No. 280, § 9, eff June 4, 2008; 2011 Act No. 69, § 4, eff January 1, 2012.


VALIDITY


<For validity of this section, see U.S. v. South Carolina, 840 F.Supp.2d 898 (D.S.C. December 22, 2011).>



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 1. General Provisions

§ 16-11-10. “Dwelling house” defined in case of burglary, arson and other criminal offenses.


With respect to the crimes of burglary and arson and to all criminal offenses which are constituted or aggravated by being committed in a dwelling house, any house, outhouse, apartment, building, erection, shed or box in which there sleeps a proprietor, tenant, watchman, clerk, laborer or person who lodges there with a view to the protection of property shall be deemed a dwelling house, and of such a dwelling house or of any other dwelling house all houses, outhouses, buildings, sheds and erections which are within two hundred yards of it and are appurtenant to it or to the same establishment of which it is an appurtenance shall be deemed parcels.


CREDIT(S)


HISTORY: 1962 Code § 16-301; 1952 Code § 16-301; 1942 Code § 1140; 1932 Code § 1140; Cr. C. '22 § 34; Cr. C. '12 § 179; Cr. C. '02 § 146; G. S. 2483; R. S. 143; 1866 (13) 405.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 1. General Provisions

§ 16-11-20. Making, mending or possessing tools or other implements capable of being used in crime.


It is unlawful for a person to make or mend, cause to be made or mended, or have in his possession any engine, machine, tool, false key, picklock, bit, nippers, nitroglycerine, dynamite cap, coil or fuse, steel wedge, drill, tap-pin, or other implement or thing adapted, designed, or commonly used for the commission of burglary, larceny, safecracking, or other crime, under circumstances evincing an intent to use, employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same are intended to be so used.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-302; 1952 Code § 16-302; 1942 Code § 1165; 1932 Code § 1165; Cr. C. '22 § 58; Cr. C. '12 § 195; 1907 (25) 580; 1993 Act No. 184, § 26.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 1. General Provisions

§ 16-11-30. Possession of master keys and nonowner key sets.


(A) As used in this section:


(1) “Master key” means a key which unlocks more than one locking device.


(2) “Nonowner key sets” means a set of keys designed to open locking devices in a group of products, machines, or vehicles of a particular manufacturer, which differ in configuration from the keys issued by the manufacturer at the time of sale for the locking devices.


(B) A person who has in his possession, actual or constructive, while engaged in the commission of a crime against the person or property of another, a master key or nonowner key set as defined in subsection (A), or if a master key is used in the commission of any such offense against the laws of this State, he is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.


CREDIT(S)


HISTORY: 1962 Code § 16-303; 1968 (55) 2587; 1993 Act No. 184, § 168.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-110


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-110. Arson.


(A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a dwelling house, building, structure, or any property whether the property of himself or another, which results, either directly or indirectly, in the death of a person is guilty of the felony of arson in the first degree and, upon conviction, must be imprisoned not less than thirty years.


(B) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a dwelling house, building, structure, or any property whether the property of himself or another, which results, either directly or indirectly, in serious bodily injury to a person is guilty of the felony of arson in the second degree and, upon conviction, must be imprisoned not less than three nor more than twenty-five years.


(C) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a dwelling house, building, structure, or any property, whether the property of himself or another, which results, either directly or indirectly, in bodily injury to a person or damage to the property is guilty of the felony of arson in the third degree and, upon conviction, must be imprisoned not more than fifteen years.


(D) For purposes of this section, “damage” means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section.


CREDIT(S)


HISTORY: 1962 Code § 16-311; 1952 Code § 16-311; 1942 Code § 1132; 1932 Code § 1132; 1928 (35) 1226; 1982 Act No. 449, 1996 Act No. 356, § 1; 1997 Act No. 113, § 1; 2002 Act No. 224, § 2, eff May 1, 2002; 2010 Act No. 273, § 3, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-125


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-125. Making false claim or statement in support of claim to obtain insurance benefits for fire or explosion loss.


Any person who wilfully and knowingly presents or causes to be presented a false or fraudulent claim, or any proof in support of such claim, for the payment of a fire loss or loss caused by an explosion, upon any contract of insurance or certificate of insurance which includes benefits for such a loss, or prepares, makes, or subscribes to a false or fraudulent account, certificate, affidavit, or proof of loss, or other documents or writing, with intent that such documents may be presented or used in support of such claim, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than five years or both in the discretion of the court.


The provisions of this section are supplemental to and not in lieu of existing law relating to falsification of documents and penalties therefor.


CREDIT(S)


HISTORY: 1982 Act No. 401; 1989 Act No. 148, § 24.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-130


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-130. Burning personal property to defraud insurer.


Any person who (a) wilfully and with intent to injure or defraud an insurer sets fire to or burns or causes to be burned or (b) aids, counsels, or procures the burning of any goods, wares, merchandise, or other chattels or personal property of any kind, whether the property of himself or of another, which is at the time insured by any person against loss or damage by fire is guilty of a felony and, upon conviction, must be imprisoned for not less than one nor more than five years.


CREDIT(S)


HISTORY: 1962 Code § 16-313; 1952 Code 16-313; 1942 Code § 1135; 1932 Code § 1135; 1928 (35) 1226; 1989 Act No. 148, § 25.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-140


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-140. Burning of crops, fuel or lumber.


It is unlawful for a person to (a) wilfully and maliciously set fire to or burn or cause to be burned, or (b) aid, counsel, or procure the burning of any:


(1) barracks, cock, crib, rick or stack of hay, corn, wheat, oats, barley, or other grain or vegetable product of any kind;


(2) field of standing hay or grain of any kind;


(3) pile of coal, wood, or other fuel;


(4) pile of planks, boards, posts, rails, or other lumber.


A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.


CREDIT(S)


HISTORY: 1962 Code § 16-314; 1952 Code § 16-314; 1942 Code § 1134; 1932 Code § 1134; 1928 (35) 11993 Act No. 184, § 91; 1997 Act No. 113, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-150


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-150. Burning lands of another without consent.


It shall be unlawful for any person without prior written consent of the landowner or his agent to intentionally set fire to lands of another, or to intentionally cause or allow fire to spread to lands of another, whereby any woods, fields, fences or marshes of any other person are burned. Any person violating the provisions of this section shall, upon conviction, be punished as follows: (a) For the first offense, by a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both, (b) for a second or subsequent offense, by a fine of not more than five thousand dollars or imprisonment for not more than five years.


CREDIT(S)


HISTORY: 1962 Code § 16-315; 1967 (55) 265.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-160


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-160. Carrying fire on lands of another without permit.


It shall be unlawful for any person to carry a lighted torch, chunk or coals of fire in or under any mill or wooden building or over and across any of the enclosed or unenclosed lands of another person at any time without the special permit of the owner of such lands, mill or wooden building, whether any damage result therefrom or not. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to imprisonment in the county jail for a term not to exceed thirty days or to a fine not to exceed one hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-316; 1952 Code § 16-316; 1942 Code § 1181; 1932 Code § 1181; Cr. C. '22 § 71; Cr. C. '12 § 216; Cr. C. '02 § 161; R. S. 158; 1891 (20) 1045.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-170


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-170. Wilfully burning lands of another.


It is unlawful for a person to wilfully and maliciously set fire to or burn any grass, brush, or other combustible matter, causing any woods, fields, fences, or marshes of another person to be set on fire or cause the burning or fire to spread to or to be transmitted to the lands of another, or to aid or assist in such conduct.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. A person convicted under this section is liable to any person who may have sustained damage.


CREDIT(S)


HISTORY: 1962 Code § 16-317; 1952 Code § 16-317; 1942 Code § 1208; 1932 Code § 1208; Cr. C. '22 § 96; Cr. C. '12 § 215; Cr. C. '02 § 160; G. S. 2497; R. S. 157; 1787 (5) 125; 1857 (12) 617; 1891 (20) 1195; 1919 (31) 59; 1940 (41) 1820; 1956 (49) 1609; 1960 (51) 1602; 1993 Act No. 184, § 27.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-180


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-180. Negligently allowing fire to spread to lands or property of another.


Any person who carelessly or negligently sets fire to or burns any grass, brush, leaves, or other combustible matter on any lands so as to cause or allow fire to spread or to be transmitted to the lands or property of another, or to burn or injure the lands or property of another, or who causes the burning to be done or who aids or assists in the burning, is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than five days nor more than thirty days or be fined not less than twenty-five dollars nor more than two hundred dollars. For a second or subsequent offense the sentence must be imprisonment for not less than thirty days nor more than one year, or a fine of not less than one hundred dollars nor more than five hundred dollars, or both, in the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-318; 1952 Code § 16-318; 1942 Code § 1208-1; 1940 (41) 1820; 1958 (50) 1596; 1987 Act No. 113 § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-190


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-190. Attempts to burn.


It is unlawful for a person to wilfully and maliciously attempt to set fire to, burn, or aid, counsel, or procure the burning of any of the buildings or property mentioned in Sections 16-11-110 to 16-11-140 or commit an act in furtherance of burning these buildings.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars.


CREDIT(S)


HISTORY: 1962 Code §§ 16-319; 1952 Code § 16-319; 1942 Code § 1136; 1932 Code § 1136; 1928 (35) 1226; 1982 Act No. 449, § 2; 1993 Act No. 184, § 169.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-200


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 3. Arson and Other Offenses Involving Fire

§ 16-11-200. Placing or distributing combustible materials and the like in buildings and property as constituting attempt.


The placing or distributing of any inflammable, explosive or combustible materials or substance or any device in any building or property mentioned in §§ 16-11-110 to 16-11-140 in an arrangement or preparation with intent eventually wilfully and maliciously to set fire to or burn the same or to procure the setting fire to or burning of the same shall for the purposes of § 16-11-190 constitute an attempt to burn such building or property.


CREDIT(S)


HISTORY: 1962 Code § 16-320; 1952 Code § 16-320; 1942 Code § 1137; 1932 Code § 1137; 1928 (35) 1226.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-310


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-310. Definitions.


For purposes of §§ 16-11-311 through 16-11-313:


(1) “Building” means any structure, vehicle, watercraft, or aircraft:


(a) Where any person lodges or lives; or


(b) Where people assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is deemed both a separate building in itself and a part of the main building.


(2) “Dwelling” means its definition found in § 16-11-10 and also means the living quarters of a building which is used or normally used for sleeping, living, or lodging by a person.


(3) “Enters a building without consent” means:


(a) To enter a building without the consent of the person in lawful possession; or


(b) To enter a building by using deception, artifice, trick, or misrepresentation to gain consent to enter from the person in lawful possession.


CREDIT(S)


HISTORY: 1962 Code § 16-331; 1952 Code § 16-331; 1942 Code § 1138; 1932 Code § 1138; Cr. C. '22 § 32; Cr. C. '12 § 177; Cr. C. '02 § 144; G. S. 2481; R. S. 141; 1883 (18) 290; 1985 Act No. 159, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-311


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-311. Burglary; first degree.


(A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either:


(1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:


(a) is armed with a deadly weapon or explosive; or


(b) causes physical injury to a person who is not a participant in the crime; or


(c) uses or threatens the use of a dangerous instrument; or


(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or


(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or


(3) the entering or remaining occurs in the nighttime.


(B) Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, “life” means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years.


CREDIT(S)


HISTORY: 1985 Act No. 159, § 2; 1995 Act No. 83, § 17.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-312


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-312. Burglary; second degree.


(A) A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.


(B) A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:


(1) When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:


(a) Is armed with a deadly weapon or explosive; or


(b) Causes physical injury to any person who is not a participant in the crime; or


(c) Uses or threatens the use of a dangerous instrument; or


(d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or


(2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or


(3) The entering or remaining occurs in the nighttime.


(C)(1) Burglary in the second degree pursuant to subsection (A) is a felony punishable by imprisonment for not more than ten years.


(2) Burglary in the second degree pursuant to subsection (B) is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree pursuant to subsection (B) shall be eligible for parole except upon service of not less than one-third of the term of the sentence.


CREDIT(S)


HISTORY: 1985 Act No. 159, § 2; 2010 Act No. 273, § 11, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-313


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-313. Burglary; third degree.


(A) A person is guilty of burglary in the third degree if the person enters a building without consent and with intent to commit a crime therein.


(B) Burglary in the third degree is a felony punishable by imprisonment for not more than five years for conviction on a first offense and for not more than ten years for conviction of a second offense according to the discretion of the Court.


CREDIT(S)


HISTORY: 1985 Act No. 159, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-325


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-325. Common law robbery classified as felony; penalty.


The common law offense of robbery is a felony. Upon conviction, a person must be imprisoned not more than fifteen years.


CREDIT(S)


HISTORY: 1993 Act No. 184, § 9, eff January 1, 1994.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-330


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-330. Robbery and attempted robbery while armed with deadly weapon.


(A) A person who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years or more than thirty years, no part of which may be suspended or probation granted. A person convicted under this subsection is not eligible for parole until the person has served at least seven years of the sentence.


(B) A person who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.


CREDIT(S)


HISTORY: 1962 Code § 16-333; 1952 Code § 16-333; 1942 Code § 1140-1; 1941 (42) 86; 1966 (54) 2102; 1975 (59) 743; 1993 Act No. 184, § 170,; 1995 Act No. 7, Part I § 4; 1996 Act No. 362, § 1; 1996 Act No. 441, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-340


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-340. Required placards in retail establishments as to consequences of conviction of armed robbery.


The South Carolina Department of Revenue, with funds already appropriated to the department, shall print and distribute to each business establishment in this State, to which has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:


“BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY ANY PERSON CONVICTED OF ARMED ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN SEVEN YEARS AT HARD LABOR WITHOUT PAROLE.”


Such placard shall be prominently displayed in all retail establishments to which they are issued.


CREDIT(S)


HISTORY: 1975 (59) 743; 1993 Act No.181, § 273.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-345


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-345. Cardboard placards.


The cardboard placard described in Section 16-11-340 also shall be provided to operators of motor vehicles being used for the transportation of passengers for hire by the Department of Revenue. The size of the placard for this purpose shall be approximately two and one-half inches by five and one-half inches with appropriately sized letters. The placard shall be prominently displayed in the operator's vehicle.


CREDIT(S)


HISTORY: 1994 Act No. 444, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-350


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-350. Train robbery by stopping train.


Any person or persons who (a) may stop, cause to be stopped, impede or cause to be impeded any locomotive engine or any car on any railroad in this State by force or threats or by intimidation of those in charge thereof or otherwise for the purpose of taking therefrom or causing to be delivered up to such persons or person anything of value to be appropriated to his or their own use or (b) may conspire together so to do shall be guilty of train robbery and, on conviction thereof, shall be punished by confinement in the Penitentiary not less than two years nor more than twenty years.


CREDIT(S)


HISTORY: 1962 Code § 16-334; 1952 Code § 16-334; 1942 Code § 1151; 1932 Code § 1151; Cr. C. '22 § 45; Cr. C. '12 § 192; 1902 (23) 1095.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-360


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-360. Robbery after entry upon train.


Any and all persons who may hereafter enter upon any locomotive engine or car on any railroad in this State and by threats, the exhibition of deadly weapons or the discharge of any pistol or gun on or near any such engine or car induce or compel any person on such engine or car to submit and deliver up or allow to be taken therefrom or from him or them anything of value shall be guilty of train robbery and, on conviction thereof, shall be punished by imprisonment in the Penitentiary not less than ten years nor more than twenty years.


CREDIT(S)


HISTORY: 1962 Code § 16-335; 1952 Code § 16-335; 1942 Code § 1152; 1932 Code § 1152; Cr. C. '22 § 46; Cr. C. '12 § 193; 1902 (23) 1095.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-370


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-370. Robbery of operators of motor vehicles for hire.


A person who, while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, robs or attempts the robbery of a person engaged in the performance of his duties as an operator of a motor vehicle being used for the transportation of passengers for hire is guilty of a felony and, upon conviction, must be sentenced as provided by Section 16-11-330.


CREDIT(S)


HISTORY: 1962 Code § 16-335.1; 1962 (52) 2180; 1994 Act No. 444, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-380


Effective: June 13, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-380. Entering bank, depository or building and loan association with intent to steal; theft or solicitation of person using automated teller machine.


(A) It is unlawful for a person to enter a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal money, securities for money, or property, either by force, intimidation, or threats.


(B) It is unlawful for a person to steal money, securities for money, or property, either by force, intimidation, or threats, from a person who is using or who has just finished using a bank night depository, an automated teller machine (ATM), or another automated banking device, as defined in Section 16-14-10, or in the vicinity of a bank depository, an ATM, or another automated banking device.


(C) It is unlawful for a person to beg, panhandle, or solicit money from, or otherwise harass, a person using, who has just finished using, or who is in the vicinity of a bank night depository, an ATM, or another automated banking device.


(D) A person who violates the provisions of:


(1) subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years;


(2) subsection (B) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than twenty years, or both; and


(3) subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.


(E) A separate location code, premise code, or designation for a bank night depository, an ATM, or other automated banking device offense must be added to the South Carolina Incident Based Reporting System. Law enforcement personnel are required to use this location code, premise code, or designation when completing incident reports for all criminal activity occurring at or in the vicinity of a bank night depository, an ATM, or another automated banking device in accordance with the provisions of this section.


(F) To the extent that this section applies to bank night depositories, ATMs, and other automated banking devices, it applies only to these devices which are not located in a building or structure and those to which banking customers have access when they are outside a building or structure. A building or structure does not include an enclosure erected solely for the purpose of containing an otherwise outdoor or detached ATM or automated banking device. However, the provisions of this section do apply to drive-through banking terminals.


(G) As used in this section, “vicinity” means within the sight of a reasonable person.


CREDIT(S)


HISTORY: 1962 Code § 16-336; 1952 Code § 16-336; 1942 Code § 1141; 1932 Code § 1141; Cr. C. '22 § 35; Cr. C. '12 § 180; 1908 (25) 1112; 1956 (49) 1743; 1993 Act No. 184, § 171; 2007 Act No. 72, § 2, eff June 13, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-390


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 5. Burglary, Housebreaking, Robbery and the Like

§ 16-11-390. Safecracking.


It is unlawful for a person to use explosives, tools, or any other implement in or about a safe used for keeping money or other valuables with intent to commit larceny or any other crime.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.


CREDIT(S)


HISTORY: 1962 Code § 16-337; 1952 Code § 16-337; 1942 Code § 1150; 1932 Code § 1150; Cr. C. '22 § 44; Cr. C. '12 § 191; 1904 (14) 396; 1907 (25) 580; 1955 (49) 65; 1993 Act No. 184, § 172.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-410


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 6. Protection of Persons and Property

§ 16-11-410. Citation of article.


This article may be cited as the “Protection of Persons and Property Act”.


CREDIT(S)


HISTORY: 2006 Act No. 379, § 1, eff June 9, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-420


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 6. Protection of Persons and Property

§ 16-11-420. Intent and findings of General Assembly.


(A) It is the intent of the General Assembly to codify the common law Castle Doctrine which recognizes that a person's home is his castle and to extend the doctrine to include an occupied vehicle and the person's place of business.


(B) The General Assembly finds that it is proper for law-abiding citizens to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.


(C) The General Assembly finds that Section 20, Article I of the South Carolina Constitution guarantees the right of the people to bear arms, and this right shall not be infringed.


(D) The General Assembly finds that persons residing in or visiting this State have a right to expect to remain unmolested and safe within their homes, businesses, and vehicles.


(E) The General Assembly finds that no person or victim of crime should be required to surrender his personal safety to a criminal, nor should a person or victim be required to needlessly retreat in the face of intrusion or attack.


CREDIT(S)


HISTORY: 2006 Act No. 379, § 1, eff June 9, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-430


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 6. Protection of Persons and Property

§ 16-11-430. Definitions.


As used in this article, the term:


(1) “Dwelling” means a building or conveyance of any kind, including an attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging there at night.


(2) “Great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.


(3) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.


(4) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.


CREDIT(S)


HISTORY: 2006 Act No. 379, § 1, eff June 9, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-440


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 6. Protection of Persons and Property

§ 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.


(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:


(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and


(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.


(B) The presumption provided in subsection (A) does not apply if the person:


(1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or


(2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or


(3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or


(4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer.


(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.


(D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.


(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.


CREDIT(S)


HISTORY: 2006 Act No. 379, § 1, eff June 9, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-450


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 6. Protection of Persons and Property

§ 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs.


(A) A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.


(B) A law enforcement agency may use standard procedures for investigating the use of deadly force as described in subsection (A), but the agency may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.


(C) The court shall award reasonable attorneys' fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of a civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (A).


CREDIT(S)


HISTORY: 2006 Act No. 379, § 1, eff June 9, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-510


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-510. Malicious injury to animals and other personal property.


(A) It is unlawful for a person to wilfully and maliciously cut, shoot, maim, wound, or otherwise injure or destroy any horse, mule, cattle, hog, sheep, goat, or any other kind, class, article, or description of personal property, or the goods and chattels of another.


(B) A person who violates the provisions of this section is guilty of a:


(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth ten thousand dollars or more;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than two thousand dollars but less than ten thousand dollars;


(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the injury to the property or the property loss is worth two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned, not more than thirty days, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-381; 1952 Code § 16-381; 1942 Code § 1183; 1932 Code § 1183; Cr. C. '22 § 73; Cr. C. '12 § 222; Cr. C. '02 § 170; G. S. 2500; R. S. 165; 1712 (2) 478, 521; 1857 (12) 605; 1861 (12) 903; 1892 (21) 115; 1894 (21) 824; 1964 (53) 1724; 1981 Act No. 76, § 1; 1993 Act No. 171, § 3; 1993 Act No. 184, § 104; 1998 Act No. 272, § 1; 2010 Act No. 273, § 16.A, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-520


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-520. Malicious injury to tree, house, outside fence, or fixture; trespass upon real property.


(A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure a tree, house, outside fence, or fixture of another or commit any other trespass upon real property of another.


(B) A person who violates the provisions of this section is guilty of a:


(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth ten thousand dollars or more;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than two thousand dollars but less than ten thousand dollars;


(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the injury to the property or the property loss is worth two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-382; 1952 Code § 16-382; 1942 Code § 1184; 1932 Code § 1184; Cr. C. '22 § 74; Cr. C. '12 § 223; Cr. C. '02 § 171; G. S. 2501; R. S. 166; 1857 (12) 605; 1892 (21) 93; 1893 (21) 411; 1894 (21) 824; 1935 (39) 262; 1964 (53) 1724; 1981 Act No. 76, § 2; 1993 Act No. 171, § 4; 1993 Act No. 184, § 105; 1998 Act No. 272, § 2; 2010 Act No. 273, § 16.B, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-523


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-523. Obtaining nonferrous metals unlawfully; disruption of communication or electrical service.


(A) For purposes of this section, “nonferrous metals” means metals not containing significant quantities of iron or steel, including, but not limited to, copper wire, copper clad steel wire, copper pipe, copper bars, copper sheeting, aluminum other than aluminum cans, a product that is a mixture of aluminum and copper, catalytic converters, lead-acid batteries, steel propane gas tanks, and stainless steel beer kegs or containers.


(B) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any personal or real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals in any amount.


(C) A person who violates a provision of this section is guilty of a:


(1) misdemeanor, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is less than five thousand dollars; or


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is five thousand dollars or more.


(D)(1) A person who violates the provisions of this section and the violation results in great bodily injury to another person is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. For purposes of this subsection, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.


(2) A person who violates the provisions of this section and the violation results in the death of another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.


(E) A person who violates the provisions of this section and the violation results in disruption of communication or electrical service to critical infrastructure or more than ten customers of the communication or electrical service is guilty of a misdemeanor, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.


(F) If a person is convicted of violating the provisions of this section and the person has been issued a permit pursuant to Section 16-17-680, the permit must be revoked.


(G)(1) A public or private owner of personal or real property is not civilly liable to a person who is injured during the theft or attempted theft, by the person or a third party, of nonferrous metals in any amount.


(2) A public or private owner of personal or real property is not civilly liable for a person's injuries caused by a dangerous condition created as a result of the theft or attempted theft of nonferrous metals in any amount, of the owner when the owner of personal or real property did not know and could not have reasonably known of the dangerous condition.


(3) This subsection does not create or impose a duty of care upon a owner of personal or real property that would not otherwise exist under common law.


CREDIT(S)


HISTORY: 2008 Act No. 260, § 2, eff June 4, 2008; 2009 Act No. 26, § 1, eff June 2, 2009; 2010 Act No. 273, § 16.C, eff June 2, 2010; 2011 Act No. 68, § 1, eff August 17, 2011; 2012 Act No. 242, § 1, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-525


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-525. Commissioners deemed owners of Housing Authority property for certain purposes; exemption from liability.


For the sole purpose of determining whether or not any public housing authority property has been maliciously injured as the offense of malicious mischief is defined in Section 16-11-520, and as to whether or not there has been a trespass upon the property as this offense is defined under Section 16-11-600, in all prosecutions under these penal statutes and other statutes of a like nature, the members of the board of commissioners of each state, county, or municipal housing authority in this State, in their official capacity, are deemed to be the owners and possessors of all property of each particular housing authority under their jurisdiction. Nothing in this section may be construed to create personal liability for a commissioner for loss, injury, or damage to the person or property of any other person or entity who suffers injury while on or adjacent to housing authority property as a tenant, an invitee, or a trespasser.


CREDIT(S)


HISTORY: 1994 Act No. 419, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-530


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-530. Malicious injury to real property; school trustees deemed owners of school property.


For the purpose of determining whether or not any school property has been maliciously injured as the offense of malicious mischief is defined in § 16-11-520 and as to whether or not there has been a trespass upon such property as this offense is defined in § 16-11-600 and for all prosecutions under these penal statutes and other statutes of a like nature, the trustees of the respective school districts in this State in their official capacity shall be deemed to be the owners and possessors of all school property.


CREDIT(S)


HISTORY: 1962 Code § 16-383; 1952 Code § 16-383; 1942 Code § 1184; 1932 Code § 1184; Cr. C. '22 § 74; Cr. C. '12 § 223; Cr. C. '02 § 171; G. S. 2501; R. S. 166; 1857 (12) 605; 1892 (21) 93; 1893 (21) 411; 1894 (21) 824; 1935 (39) 262.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-535


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-535. Malicious injury to place of worship.


Whoever shall wilfully, unlawfully, and maliciously vandalize, deface, damage, or destroy or attempt to vandalize, deface, damage, or destroy any place, structure, or building of worship or aid, agree with, employ, or conspire with any person to do or cause to be done any of the acts mentioned above is guilty of a felony and, upon conviction, must be imprisoned not less than six months nor more than ten years or fined not more than ten thousand dollars, or both.


CREDIT(S)


HISTORY: 1986 Act No. 485; 1996 Act No. 356, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-560


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-560. Burning or cutting untenanted or unfinished buildings.


It is unlawful for a person to maliciously, unlawfully, and wilfully burn or cause to be burned, cut or cause to be cut, or destroyed any untenanted or unfinished house or building or any frame of timber of another person made and prepared for or towards the making of a house, so that the house is not suitable for the purposes for which it was prepared.


A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-384; 1952 Code § 16-384; 1942 Code § 1182; 1932 Code § 1182; Cr. C. '22 § 72; Cr. C. '12 § 217; Cr. C. '02 § 162; G. S. 2845; R. S. 159; 1712 (2) 478; 1887 (19) 794; 1911 (27) 129; 1993 Act No. 184, § 173.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-570


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-570. Injury or destruction of buildings or crops by tenant.


It is unlawful for a tenant to wilfully and maliciously cut, deface, mutilate, burn, destroy, or otherwise injure a dwelling house, outhouse, erection, building, or crops in his possession.


A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-385; 1952 Code § 16-385; 1942 Code § 1182; 1932 Code § 1182; Cr. C. '22 § 72; Cr. C. '12 § 217; Cr. C. '02 § 162; G. S. 2845; R. S. 159; 1712 (2) 478; 1887 (19) 794; 1911 (27) 129; 1993 Act No. 184, § 174.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-580


Effective: July 1, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-580. Cutting, removing, or transporting forest products without consent of landowner; fraudulently acquiring forest products; penalties.


(A) It is unlawful for a person to knowingly and wilfully:


(1) cut, destroy, or remove forest products without the consent of the landowner;


(2) aid, hire, or counsel another person to cut, destroy, or remove forest products without the consent of the landowner;


(3) obtain or acquire forest products under false pretenses or with fraudulent intent; or


(4) transport forest products if the person knows that the forest products have been cut, removed, obtained, or acquired from the property of a landowner in violation of the provisions of this subsection.


(B) If the value of the forest products is one thousand dollars or less, a person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction:


(1) for a first offense, must be fined not more than fifteen hundred dollars or imprisoned for not more than thirty days, or both; and


(2) for a second or subsequent offense, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than sixty days, or both.


(C) If the value of the forest products is more than one thousand dollars but less than five thousand dollars, a person who violates the provisions of subsection (A):


(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars and not more than ten thousand dollars or imprisoned for not more than five years, or both; and


(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars and not more than twenty thousand dollars or imprisoned for not more than ten years.


(D) If the value of the forest products is five thousand dollars or more, a person who violates the provisions of subsection (A):


(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not less than ten thousand dollars and not more than twenty thousand dollars or imprisoned for not more than ten years, or both; and


(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars and not more than twenty thousand dollars or imprisoned for not more than ten years.


(E) As used in this section, “forest products” include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, and which are located on any land in this State, whether publicly or privately owned.


CREDIT(S)


HISTORY: 1962 Code § 16-385.1; 1960 (51) 1706; 1963 (53) 37; 2004 Act No. 273, § 1, eff July 16, 2004 and applicable to offenses committed on or after that date; 2012 Act No. 225, § 1, eff July 1, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-590


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-590. Destruction of sea oat or Venus's flytrap plants.


It shall be unlawful for any person to cut, collect, break or otherwise destroy sea oat plants, Venus's-flytrap plants or any part on public property or on private property without the owner's consent. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned not more than thirty days nor less than five days. Each violation shall constitute a separate offense.


CREDIT(S)


HISTORY: 1962 Code § 16-385.2; 1961 (52) 427; 1980 Act No. 417.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-600


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-600. Entry on another's pasture or other lands after notice; posting notice.


Every entry upon the lands of another where any horse, mule, cow, hog or any other livestock is pastured, or any other lands of another, after notice from the owner or tenant prohibiting such entry, shall be a misdemeanor and be punished by a fine not to exceed one hundred dollars, or by imprisonment with hard labor on the public works of the county for not exceeding thirty days. When any owner or tenant of any lands shall post a notice in four conspicuous places on the borders of such land prohibiting entry thereon, a proof of the posting shall be deemed and taken as notice conclusive against the person making entry, as aforesaid, for the purpose of trespassing.


CREDIT(S)


HISTORY: 1962 Code § 16-386; 1952 Code § 16-386; 1942 Code § 1190; 1932 Code § 1190; Cr. C. '22 § 81; Cr. C. '12 § 241; Cr. C. '02 § 186; G. S. 2507; R. S. 176; 1866 (13) 406; 1883 (18) 43; 1898 (22) 811; 1954 (48) 1705.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-610


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-610. Entry on another's lands for various purposes without permission.


Any person entering upon the lands of another for the purpose of hunting, fishing, trapping, netting; for gathering fruit, wild flowers, cultivated flowers, shrubbery, straw, turf, vegetables or herbs; or for cutting timber on such land, without the consent of the owner or manager, shall be deemed guilty of a misdemeanor and upon conviction shall, for a first offense, be fined not more than two hundred dollars or imprisoned for not more than thirty days, for a second offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days and, for a third or subsequent offense, be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months or both. A first or second offense prosecution resulting in a conviction shall be reported by the magistrate or city recorder hearing the case to the communications and records division of the South Carolina Law Enforcement Division which shall keep a record of such conviction so that any law enforcement agency may inquire into whether or not a defendant has a prior record. Only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.


CREDIT(S)


HISTORY: 1962 Code § 16-387; 1952 Code § 16-387; 1942 Code § 1191; 1932 Code § 1191; Cr. C. '22 § 82; Cr. C. '12 § 242; 1905 (24) 906; 1927 (35) 377; 1979 Act No. 62 § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-615


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-615. Payment of treble damages; discharge from further penalty.


In all criminal prosecutions for violation of the provisions of §§ 16-11-520, 16-11-580, and 16-11-610, relating to cutting or destroying timber, the defendant may plead the payment of not to exceed exactly three times the fair market value of the timber as determined by a registered forester and upon the plea being legally established and the payment of all costs accrued at the time of the plea he must be discharged from further penalty. If it is necessary to institute civil action to recover the fair market value of the timber, the State, in case of state lands, and the owner, in case of private lands, shall receive damages of not to exceed exactly three times the fair market value of the timber established by a registered forester if judgment is in favor of the State or the owner.


CREDIT(S)


HISTORY: 1985 Act No. 33.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-617


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-617. Entry on another's land for purpose of cultivating marijuana.


It is unlawful for a person to enter on the land of another for the purpose of cultivating or attempting to cultivate marijuana. The provisions of this section are cumulative to other provisions of law. To constitute a violation of this section, a minimum of twenty-five marijuana plants must be cultivated. A person violating the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years and fined not more than five thousand dollars.


CREDIT(S)


HISTORY: 1986 Act No. 486; 1993 Act No. 184, § 28.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-620


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-620. Entering premises after warning or refusing to leave on request; jurisdiction and enforcement.


Any person who, without legal cause or good excuse, enters into the dwelling house, place of business, or on the premises of another person after having been warned not to do so or any person who, having entered into the dwelling house, place of business, or on the premises of another person without having been warned fails and refuses, without good cause or good excuse, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative shall, on conviction, be fined not more than two hundred dollars or be imprisoned for not more than thirty days.


All municipal courts of this State as well as those of magistrates may try and determine criminal cases involving violations of this section occurring within the respective limits of such municipalities and magisterial districts. All peace officers of the State and its subdivisions shall enforce the provisions hereof within their respective jurisdictions.


The provisions of this section shall be construed as being in addition to, and not as superseding, any other statutes of the State relating to trespass or entry on lands of another.


CREDIT(S)


HISTORY: 1962 Code § 16-388; 1960 (51) 1729; 1981 Act No. 76, § 3; 1996 Act No. 279, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-630


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-630. Refusing to leave certain public premises during hours when they are regularly closed.


Any person who, during those hours of the day or night when the premises owned or occupied by a state, county or municipal agency are regularly closed to the public, shall refuse or fail, without justifiable cause, to leave those premises upon being requested to do so by a law-enforcement officer or guard, watchman or custodian responsible for the security or care of the premises, shall be deemed guilty of a misdemeanor and upon conviction, be fined not more than one hundred dollars or be imprisoned for not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-388.1; 1968 (56) 657.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-640


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-640. Unlawful entry into enclosed places.


It shall be unlawful for any person not an occupant, owner or invitee to enter any private property enclosed by walls or fences with closed gates between the hours of six P.M. and six A.M. The provisions of this section shall not apply to any justifiable emergency entry or to premises which are not posted with clearly visible signs prohibiting trespass upon the enclosed premises. The provisions of this section are supplemental to existing law relating to trespass and punishment therefor. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-388.2; 1974 (58) 2636.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-650


Effective: June 3, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-650. Removing, destroying or leaving down fences; penalties; magistrate court jurisdiction; easement holder's rights.


(A) A person, other than the owner or a person acting under the authority of the owner, who wilfully and knowingly removes, destroys, or leaves down any portion of a fence in this State intended to enclose animals of any kind or crops or uncultivated lands or who wilfully and knowingly leaves open or removes a gate or leaves down bars or other structure intended for the same purpose is guilty of a misdemeanor and must be punished by a fine of one thousand dollars or imprisonment for thirty days, or both.


(B) The magistrates court is vested with jurisdiction to hear and dispose of these cases.


(C) Nothing in this section shall affect an easement holder's right and ability to maintain such easement and rights of way consistent with the provisions of the document granting such easement.


CREDIT(S)


HISTORY: 1962 Code § 16-389; 1952 Code § 16-389; 1942 Code § 1222; 1932 Code § 1222; Cr. C. '22 § 110; Cr. C. '12 § 229; Cr. C. '02 § 176; G. S. 1190; R. S. 171; 1881 (17) 593; 1903 (24) 111; 1921 (32) 200; 2009 Act No. 56, § 1, eff upon approval (became law without the Governor's signature on June 3, 2009).



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-660


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-660. Traveling outside of road on cultivated lands.


It shall be a misdemeanor for any person wilfully to walk, drive or ride or to allow his team to travel outside of the road on the cultivated lands of another, punishable as provided in § 16-11-650; provided, that in case any person charged with this misdemeanor be brought before or reported to a magistrate he may discharge himself from any further proceedings therein by paying such fine within the above limits as the magistrate may impose.


CREDIT(S)


HISTORY: 1962 Code § 16-390; 1952 Code § 16-390; 1942 Code § 1224; 1932 Code § 1224; Cr. C. '22 § 112; Cr. C. '12 § 232; Cr. C. '02 § 178; G. S. 1192; R. S. 173; 1881 (17) 593.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-670


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-670. Pleading satisfaction in prosecutions under §§ 16-11-650 and 16-11-660.


In all criminal prosecutions for violation of the provisions of §§ 16-11-650 and 16-11-660 the defendant may plead, as a matter of defense, the full satisfaction of all reasonable demands of the person aggrieved by such violation, and upon such plea being legally established and upon payment of all costs accrued up to the time of such plea he shall be discharged from further penalty.


CREDIT(S)


HISTORY: 1962 Code § 16-391; 1952 Code § 16-391; 1942 Code § 1225; 1932 Code § 1225; Cr. C. '22 § 113; Cr. C. '12 § 233; Cr. C. '02 § 179; G. S. 1193; R. S. 173; 1881 (17) 594.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-680


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-680. Altering and removing landmarks.


If any person shall knowingly, wilfully, maliciously or fraudulently cut, fell, alter or remove any certain boundary tree or other allowed landmark, such person so offending shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding one hundred dollars or imprisoned not exceeding thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-392; 1952 Code § 16-392; 1942 Code § 1166; 1932 Code § 1166; Cr. C. '22 § 59; Cr. C. '12 § 197; 1902 (23) 1094.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-690


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-690. Failure to return boat, flat or tool used for mining phosphate.


Any person being entrusted with any boat, flat or tools for gathering phosphate rock by the owner thereof for the purpose of mining or gathering phosphate rock who shall fail to return the same to the owner within two days after being required by such owner so to do shall be guilty of a misdemeanor and, upon conviction thereof before a court of competent jurisdiction, shall be fined in the sum of not more than fifty dollars or imprisoned not more than thirty days, in the discretion of the court. It shall be a complete defense to any indictment or prosecution instituted under this section if the defendant shall make it appear that his failure to return the property was due to his inability so to return the same, such inability not being the result of the defendant's act, or that the agreed time in which such property was to be returned had not expired at the time of his failure to return the same.


CREDIT(S)


HISTORY: 1962 Code § 16-393; 1952 Code § 16-393; 1942 Code § 1205; 1932 Code § 1205; Cr. C. '22 § 93; Cr. C. '12 § 254; Cr. C. '02 § 195; 1900 (23) 445.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-700


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-700. Dumping litter on private or public property prohibited; exceptions; responsibility for removal; penalties.


(A) A person, from a vehicle or otherwise, may not dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste, as defined by Section 44-96-40(46), upon public or private property or waters in the State including, but not limited to, a highway, park, beach, campground, forest land, recreational area, trailer park, road, street, or alley except:


(1) on property designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose; or


(2) into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.


(B) Responsibility for the removal of litter from property or receptacles is upon the person convicted pursuant to this section of littering the property or receptacles. If there is no conviction for littering, the responsibility is upon the owner of the property.


(C)(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days for a first or second conviction, or fined five hundred dollars or imprisoned for not more than thirty days for a third or subsequent conviction. In addition to the fine or term of imprisonment, the court also must impose eight hours of litter-gathering labor for a first conviction, sixteen hours of litter-gathering labor for a second conviction, and twenty-four hours of litter-gathering labor for a third or subsequent conviction, or other form of public service, under the supervision of the court, as the court may order because of physical or other incapacities.


(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage. This item does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense pursuant to the provisions of this item, the court also shall impose a minimum of five hours of litter-gathering labor or other form of public service, under the supervision of the court, as the court may order because of physical or other incapacities.


(3) The court, instead of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service, under the supervision of the court, as it may order because of physical or other incapacities not to exceed one hour for each five dollars of fine imposed.


(4) In addition to other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner of the property upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by any person before the date of execution of sentence.


(D) A person who violates the provisions of this section in an amount exceeding fifteen pounds in weight or twenty-seven cubic feet in volume, but not exceeding five hundred pounds or one hundred cubic feet, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed, up to one hundred hours.


(E)(1) A person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned not more than one year, or both. In addition, the court may order the violator to:


(a) remove or render harmless the litter that he dumped in violation of this subsection;


(b) repair or restore property damaged by, or pay damages for damage arising out of, his dumping of litter in violation of this subsection; or


(c) perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.


(2) A court may enjoin a violation of this subsection.


(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.


(4) If a person sustains damages in connection with a violation of this subsection that gives rise to a felony against the person or his property, a court, in a civil action for those damages, shall order the wrongdoer to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the wrongdoer to pay the injured party's court costs and attorney's fees.


(5) A fine imposed pursuant to this subsection must not be suspended, in whole or in part.


(F)(1) When the penalty for a violation of this section includes litter-gathering labor in addition to a fine or imprisonment, the litter-gathering portion of the penalty is mandatory and must not be suspended; however, the court, upon the request of a person convicted of violating this section, may direct that the person pay an additional monetary penalty instead of the litter-gathering portion of the penalty that must be equal to the amount of five dollars an hour of litter-gathering labor. Probation must not be granted instead of the litter-gathering requirement, except for a person's physical or other incapacities.


(2) Funds collected pursuant to this subsection instead of the mandatory litter-gathering labor must be remitted to the county or municipality where the littering violation took place. The money collected may be used for the litter-gathering supervision.


(G) For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters.


(H) A prior violation within the meaning of this section means only a violation of this section which occurred within a period of five years including and immediately preceding the date of the last violation.


(I) Magistrates and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section.


CREDIT(S)


HISTORY: 1962 Code § 16-396; 1952 Code § 33-551; 1949 (46) 466; 1953 (48) 160; 1957 (50) 269; 1959 (51) 140; 1966 (54) 2290; 1967 (55) 209, 478; 1971 (57) 853; 1972 (57) 2563; 1973 (58) 205; 1978 Act No. 496 § 7; 1987 Act No. 135 § 1; 1988 Act No. 530, §§ 1, 3; 1991 Act No. 63, § 2; 1992 Act No. 307, § 1; 1993 Act No. 184, § 92; 1994 Act No. 288, § 1; 1994 Act No. 497, Part II, § 36U; 1999 Act No. 100, Part II, § 106; 2000 Act No. 387, Part II, § 54B; 2000 Act No; 387, Part II, § 92A; 2004 Act No. 306, § 1, eff September 8, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-710


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-710. Acceptance of cash bond in lieu of immediate court appearance in litter control prosecutions.


When any person is charged with a violation of 16-11-700 or any county ordinance relating to litter control, any officer authorized to enforce such law or ordinance may accept a cash bond in lieu of requiring an immediate court appearance. Such bond shall not exceed the maximum fine provided for a conviction of the offense charged and may be forfeited to the court by the enforcement officer if the person charged fails to appear in court.


CREDIT(S)


HISTORY: 1962 Code § 16-396.1; 1975 (59) 317.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-720


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-720. Dumping trash in or along shoreline of Lake Greenwood; penalties.


(1) It shall be unlawful for any person to dump, leave or throw any rubbish, trash, garbage, cans, bottles, containers, paper, oil, grease or other similar substances or dead animals into the waters or along the shoreline of Lake Greenwood.


(2) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-396.1; 1971 (57) 490.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-725


Effective: December 31, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-725. Rummaging through or stealing household garbage for purposes of committing identity theft; penalty; exception for officers of the law.


(A) It is unlawful for a person to rummage through or steal another person's household garbage or litter, as defined in Section 44-67-30(4), for the purpose of committing financial identity fraud or identity fraud or identity theft as defined in Sections 16-13-510 and 37-20-110.


(B)(1) A person that violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars for the first violation and one thousand dollars for each subsequent violation.


(2) A person who knowingly and wilfully violates the provisions of this section is guilty of a Class F felony and, upon conviction, must be imprisoned not more than five years and fined not more than one thousand dollars, or both.


(C) A conviction pursuant to the provisions of this section and the possession of identifying information as defined in Section 16-13-510 is prima facie evidence of financial identity fraud, identity fraud, or identity theft pursuant to Sections 16-13-510 and 37-20-110.


(D) This section does not prohibit a duly constituted officer of the law from performing his official duties in ferreting out offenders or suspected offenders against violating the laws of this State or a county or municipality for the purpose of apprehending the suspected violator. The provisions of this section must not be construed to give an officer any additional rights or powers upon private property but must be construed as preserving only his previous powers.


CREDIT(S)


HISTORY: 2008 Act No. 190, § 5, eff December 31, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-730


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-730. Malicious injury to or interference with microwave radio or television facilities; unauthorized use of such facilities.


Any person who shall (1) wilfully or maliciously break, injure or otherwise destroy or damage any of the posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, or a microwave radio system or a community antenna television system or (2) wilfully or maliciously interfere with such structure so erected or (3) in any way attempt to lead from its uses or make use of the electrical signal or any portion thereof properly belonging to or in use or in readiness to be made use of for the purposes of using said electrical signal from any television coaxial cable company or microwave system or a community antenna television system or owner of such property shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one thousand dollars or by imprisonment for not more than one year, or both, in the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-397; 1964 (53) 1742.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-740


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-740. Malicious injury to telegraph, telephone or electric utility system.


It is unlawful for a person, without the consent of the owner, to wilfully:


(1) destroy, damage, or in any way injure a telegraph, telephone, electric utility system, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances;


(2) obstruct, impede, or impair their services or transmissions or;


(3) aid, agree with, employ, or conspire with a person to do or cause to be done any of the acts mentioned in this section.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years.


CREDIT(S)


HISTORY: 1962 Code § 16-399; 1969 (56) 651; 1989 Act No. 21, § 1; 1993 Act No. 184, § 29.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-750


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-750. Unlawful injury or interference with electric lines.


It shall be unlawful for any person within this State, wilfully and wantonly and without the consent of the owner, (a) to take down, remove, injure, obstruct, displace or destroy any line erected or constructed for the transmission of electrical current or any poles, towers, wires, conduits, cables, insulators or support upon which wires or cables may be suspended or any part of any such line or appurtenances or apparatus connected therewith, (b) to sever any wire or cable thereof or in any manner interrupt the transmission of electrical current over and along any such line, (c) to take down, remove, injure or destroy any house, shop, building or other structure or machinery connected with or necessary to the use of any line erected or constructed for the transmission of electrical current or (d) to wantonly or wilfully cause injury to any of the property mentioned in this section by means of fire. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than five hundred dollars or imprisoned not longer than one year, or both fined and imprisoned, in the discretion of the court. But nothing herein contained shall operate to prevent any person from removing any such wires or apparatus affixed to his private property without his consent.


CREDIT(S)


HISTORY: 1962 Code § 24-453; 1952 Code § 24-453; 1942 Code § 1202; 1932 Code § 1202; Cr. C. '22 § 91; Cr. C. '12 § 252; 1902 (23) 1102; 1904 (24) 443; 1908 (25) 1078.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-755


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-755. Operation of certain motor vehicles on utility rights of way unlawful; penalties.


(1) It shall be unlawful for any person other than the landowner or someone who specifically acts with his permission, or an employee or agent of the utility which owns the utility right-of-way concerned to operate a mini-bike, motor-bike, motorcycle, jeep, dune buggy, automobile, truck or other power driven vehicle on the land which constitutes the utility right-of-way if the utility, after obtaining permission of the landowner in writing, posts signs at conspicuous places on such right-of-way which read substantially as follows:


“NO TRESPASSING


It is unlawful to operate a mini-bike, motor-bike, motorcycle, jeep, dune buggy, automobile, or truck upon this right-of-way. Violators will be subject to a fine of two hundred dollars.”


(2) The prohibition of trespass as provided for in this section does not contradict or in any manner diminish the property rights of the owner of the land subject to the easement or of the utility's rights in its easement.


(3) Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars for each offense.


CREDIT(S)


HISTORY: 1979 Act No. 86 § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-760


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-760. Parking on private property without permission; removal of vehicles; lien for towing and storage; sale of vehicles; penalty for violation.


(A) It is unlawful for a person to park a vehicle, as defined in Section 56-5-5630, on the private property of another without the owner's consent. If the property is for commercial use, the owner must post a notice in a conspicuous place on the borders of the property near each entrance prohibiting parking. Proof of the posting is considered notice conclusive against the person making entry.


(B) A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, and charges for towing, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.


(C) If the vehicle is not claimed by the owner, lienholder, or his agent, the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.


(D) A person violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than thirty days. This punishment is in addition to the other remedies authorized in this section.


CREDIT(S)


HISTORY: 1962 Code § 46-807; 1958 (50) 1670; 1966 (54) 2075; 1987 Act No. 185 § 1; 2003 Act No. 71, § 2, eff June 25, 2003; 2004 Act No. 269, § 10, eff July 6, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-770


Effective: June 12, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-770. Illegal graffiti vandalism; penalty; removal or restitution.


(A) As used in this section, “illegal graffiti vandalism” means an inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property and that are publicly viewable, without the consent of the owner, manager, or agent in charge of the property.


(B) It is unlawful for a person to engage in the offense of illegal graffiti vandalism and, upon conviction, for a:


(1) first offense, is guilty of a misdemeanor and must be fined not more than one thousand dollars or imprisoned not less than thirty days nor more than ninety days;


(2) second offense, within ten years, is guilty of a misdemeanor and must be fined not more than two thousand five hundred dollars or imprisoned not more than one year; and


(3) third or subsequent offense within ten years of a first offense, is guilty of a misdemeanor and must be fined not more than three thousand dollars or imprisoned not more than three years.


(C) In addition to the penalties provided in subsection (B), a person convicted of the offense of illegal graffiti vandalism also may be ordered by the court to remove the illegal graffiti, pay the cost of the removal of the graffiti, or make further restitution in the discretion of the court.


CREDIT(S)


HISTORY: 2007 Act No. 82, § 9, eff June 12, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-780


Effective: June 11, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 7. Trespasses and Unlawful Use of Property of Others

§ 16-11-780. Prohibition on entering certain lands to discover, uncover, move, remove, or attempt to remove archaeological resource; definitions; penalty; exception.


(A) As used in this section:


(1) “Archaeological resource” means all artifacts, relics, burial objects, or material remains of past human life or activities that are at least one hundred years old and possess either archaeological or commercial value, including pieces of pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, rock paintings, rock carving, intaglios, graves, or human skeletal materials.


(2) “Archaeological value” means the value of the data associated with the archaeological resource. This value may be appraised in terms of the costs of the retrieval of the scientific information that would have been obtainable prior to the violation. These costs may include, but need not be limited to, the cost of preparing a research design, conducting field work, carrying out laboratory analysis, and preparing reports as would be necessary to realize the information potential.


(3) “Commercial value” means the fair market value of the archaeological resource. When a violation has resulted in damage to the archaeological resource, the fair market value may be determined using the condition of the archaeological resource prior to the violation, to the extent its prior condition can be ascertained.


(4) “Cost of restoration and repair” means the sum of the costs incurred for emergency restoration or repairs to an archaeological resource, plus those costs projected to be necessary to complete restoration and repair, which may include, but need not be limited to, the costs of the following:


(a) reconstruction of the archaeological resource;


(b) stabilization of the archaeological resource;


(c) ground contour reconstruction and surface stabilization;


(d) physical barriers or other protective devices, necessitated by the disturbance of the archaeological resource, to protect it from further disturbance;


(e) examination and analysis of the archaeological resource, including recording remaining archaeological information, where necessitated by disturbance, in order to salvage remaining resources that cannot be otherwise conserved; or


(f) preparation of reports relating to any of the activities described in this section.


(5) “Posted lands” means lands where the State has complied with the notice or warning requirement which must either be posted or given to an offender pursuant to Section 16-11-600.


(B) The court may call upon the Office of the State Archaeologist to provide evidence to assist in determining, calculating, or computing archaeological value, commercial value, or the cost of restoration and repair of an archaeological resource.


(C) It is unlawful for a person to wilfully, knowingly, or maliciously enter upon the lands of another or the posted lands of the State and disturb or excavate a prehistoric or historic site for the purpose of discovering, uncovering, moving, removing, or attempting to remove an archaeological resource. Each unlawful entry and act of disturbance or excavation of a prehistoric or historic site constitutes a separate and distinct offense.


(D) For a first offense, a person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined, imprisoned, or both, pursuant to the jurisdiction of magistrates as provided in Section 22-3-550.


(E) For a second offense for violating this section on the same property as the first offense or on another posted property, a person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or more than three thousand dollars or imprisoned not more than three years, or both.


(F) For a third or subsequent offense for violating this section on the same property as the first offense or on another posted property, a person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.


(G) For the purposes of subsections (E) and (F) of this section, a second, third, or subsequent offense on the same property as the first offense or on another posted property must include no offense that occurs more than ten years after conviction for the first offense.


(H) All equipment and conveyances including, but not limited to, trailers, motor vehicles, and watergoing vessels that were used in connection with felony violations of this section are subject to forfeiture to the State in the same manner as equipment and conveyances are subject to forfeiture pursuant to Section 44-53-520, if the offender either owns the equipment or conveyance or is a resident of the equipment or conveyance owner's household.


(1) All equipment and conveyances subject to confiscation and forfeiture under this section may be confiscated by any law enforcement officer as provided in this section. The confiscating officer shall deliver the confiscated property immediately to the county or municipality where the offense occurred. The county or municipality shall notify the registered owner of the confiscated property by certified mail within seventy-two hours of the confiscation. Upon notice, the registered owner has ten days to request a hearing before the court. The confiscation hearing must be held within ten days from the date of receipt of the request. The confiscated property must be returned to the registered owner if the registered owner shows by a preponderance of the evidence that he did not know the confiscated property was used in the commission of the crime, that he did not give permission for the confiscated property to be used in the commission of the crime, and that the confiscated property had not been used for a previous violation of this section on the posted land where this offense occurred or other posted land.


(2) The county or municipality in possession of the confiscated property shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.


(3) Forfeiture of property is subordinate in priority to all valid liens and encumbrances.


(4) A person whose property is subject to forfeiture under this section is entitled to a jury trial if requested.


(I) The landowner, in the case of private lands, or the State, in the case of state lands, may bring a civil action for a violation of this section to recover the greater of the archaeological resource's archaeological value or commercial value, and the cost of restoration and repair of the site where the archaeological resource was located, plus attorney's fees and court costs.


(J) Nothing contained in this section shall limit or interfere with a landowner's lawful use of his property or with the state's ability to conduct archaeological investigations or excavations on either state lands or private lands with the consent of the landowner.


(K) Nothing contained in this section shall limit or interfere with:


(1) a landowner's lawful use of his property;


(2) the lawful acts of a landowner's employee, agent, or independent contractor acting in the scope of and in the course of his employment, agreement, or contract;


(3) the lawful acts of a utility worker acting in the scope of and in the course of his employment; or


(4) the state's ability to conduct archaeological investigations or excavations on either state lands or private lands with the consent of the landowner.


CREDIT(S)


HISTORY: 2010 Act No. 255, § 1, eff June 11, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-810


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-810. Short title.


This article may be cited as the Theft of Cable Television Service Act.


CREDIT(S)


HISTORY: 1984 Act No. 407.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-815


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-815. Definitions.


As used in this article, “cable television service” includes (1) services provided by or through the facilities of any cable television system or closed circuit coaxial cable communication system, and (2) any transmission service used in connection with any cable television system or similar closed circuit coaxial cable communication system.


CREDIT(S)


HISTORY: 1984 Act No. 407.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-820


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-820. Use of service without authorization or payment; presumption arising from connection of device to cable or closed circuit system.


It is unlawful for any person knowingly to obtain or use cable television service without the authorization of, or payment to, the operator of the service. It is permissible to infer that the existence of any connection, wire, conductor, or other device whatsoever, between facilities of a cable television system or closed circuit coaxial cable communication system and the premises occupied by the person which makes possible the use of cable television service by any person without that use being specifically authorized by, or compensation paid to, the operator of cable television service indicates that the occupant of the premises has violated this section. If any person pays the amount charged for service provided by the operator of the cable television system, whether or not the amount billed is in conformity with the established charges for the service, the person is not guilty of any offense hereunder by reason of the use of the service.


CREDIT(S)


HISTORY: 1984 Act No. 407; 1987 Act No. 95 § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-825


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-825. Unauthorized connection or use of device to cable television system.


It is unlawful for any person to make or use a connection not authorized by the operator of a cable television service, whether physical, electrical, mechanical, electronic, induction, or otherwise, or to attach any unauthorized device, or permit the attachment of any unauthorized connection or device to any cable, wire, or other component of a cable television system or service or to a television set connected into the system or service, for the purpose of permitting the reception and viewing of signals which are intended to be received and viewed only upon payment to the operator of the cable television system of the lawful charge therefor.


CREDIT(S)


HISTORY: 1984 Act No. 407.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-830


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-830. Aiding or abetting another person in obtaining cable service without payment therefor.


It is unlawful for any person to assist, instruct, aid or abet, or attempt to assist, instruct, aid or abet any other person in obtaining any cable television service without payment of the lawful charge therefor.


CREDIT(S)


HISTORY: 1984 Act No. 407.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-835


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-835. Sale, lease, or advertising of equipment for avoidance of cable service charge.


It is unlawful for any person, firm, or corporation to advertise, promote the sale of, sell, rent, install, or use any instrument, apparatus, equipment, or device, or plans or instructions for making or assembling the same, designed or adapted to avoid the lawful charge for any cable television service.


CREDIT(S)


HISTORY: 1984 Act No. 407.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-840


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-840. Unauthorized device designed to decode or descramble cable television signal.


It is unlawful for any person, without the express authorization of a franchised or other duly licensed cable television system, knowingly and wilfully to manufacture, import into this State, distribute, sell, offer to sell, possess for sale, advertise for sale, or install any device, or any plan or kit for a device or for a printed circuit, designed in whole or in part to decode, descramble, or otherwise make intelligible any encoded, scrambled, or other nonstandard signal carried by that cable television system. For the purposes of this section, “encoded, scrambled, or other nonstandard signal” includes, but is not limited to, any type of signal not intended to produce an intelligible program or service without the aid of a decoder, descrambler, filter, trap, or similar device.


CREDIT(S)


HISTORY: 1984 Act No. 407.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-845


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-845. Use, sale, or installation of converter for unauthorized reception of intelligible signals.


It is unlawful for any person (a) to use a converter or similar device for the reception of intelligible signals without the authorization of the operator of the cable television system, (b) to sell a converter or similar device to any other person with knowledge that the person intends to use it for the reception of intelligible signals without the authorization of the operator of the cable television system or, (c) to install a converter or similar device for any other person with knowledge that the person intends to use it for the reception of intelligible signals without the authorization of the operator of the cable television system. This section does not prohibit the manufacture, distribution, or sale of any television receiver in which a converter has been incorporated by the manufacturer.


CREDIT(S)


HISTORY: 1984 Act No. 407.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-850


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-850. Receipt of signals from air by use of satellite dish or antenna.


Nothing in this article makes it unlawful to receive or capture signals from the air by use of a satellite dish, antenna, or otherwise.


CREDIT(S)


HISTORY: 1984 Act No. 407.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-855


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 8. Theft of Cable Television Service

§ 16-11-855. Penalties.


Any person who violates any section of this article is guilty of a misdemeanor and upon conviction for a first offense must be fined not more than two hundred dollars or imprisoned for not more than thirty days and for a second and subsequent offense fined not more than one thousand dollars or imprisoned for not more than one year, or both.


CREDIT(S)


HISTORY: 1984 Act No. 407.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-910


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-910. Prohibitions relative to sound recordings; application of section.


(A) It is unlawful for a person to:


(1) knowingly and wilfully transfer or cause to be transferred, for commercial advantage or private financial gain, without the consent of the owner, any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with intent to sell or cause to be sold, or to use or cause to be used for profit through public performance, the article on which such sounds are transferred;


(2) advertise, offer for sale or resale, or sell or resell, or cause the sale or resale, or rent or cause the rental of, or possess for any of these purposes any article described in item (1) with the knowledge that the sounds on it have been transferred without the consent of the owner;


(3) offer or make available for a fee, rental, or other form of compensation, directly or indirectly, any equipment or machinery with the knowledge that it will be used by another to reproduce, without the consent of the owner, a phonograph record, disc, wire, tape, film, or other article on which sounds have been transferred. The provisions of this item do not apply to reproduction in the home for private use and with no purpose of otherwise capitalizing commercially on the reproduction; or


(4) transport for commercial advantage or private financial gain within this State or cause to be transported within this State an article with the knowledge that the sounds on it have been transferred without the consent of the owner.


A person who violates this section, upon conviction, must be punished as provided for in Section 16-11-920.


(B) As used in this section:


(1) “Person” means an individual, partnership, corporation, company, association, any communications media including, but not limited to, radio or television, broadcasters or licensees, newspapers, magazines, or other publications, or media which offer facilities for the purposes stated in this chapter, or other legal entity.


(2) “Owner” means the person who owns the original fixed sounds embodied in the master phonograph record, master disc, master tape, master film, or other article used for reproducing recorded sounds on phonograph records, discs, tapes, films, or other articles on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived.


(3) “Fixed” means embodied in a tangible medium of expression when its embodiment in an article, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.


(4) “Article” means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.


This section neither enlarges nor diminishes the right of parties in private litigation nor does it apply to the transfer by a radio or television broadcaster of any sounds (other than from the sound tract of a motion picture) intended for, or in connection with, broadcast transmission or related uses or for archival purposes. An owner of a record, disc, wire, tape, film, or other article or device which is transferred unlawfully or used in violation of this section has a cause of action in the circuit court of this State against the party committing the violation for all damages resulting therefrom, including actual, compensatory, incidental, and punitive.


CREDIT(S)


HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-911


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-911. Definitions; unlawful recording of motion pictures.


(A) As used in this section:


(1) “Article” means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.


(2) “Audiovisual recording device” means any device, camera, or audio or video recorder with the capability of recording, transferring, or transmitting sounds or images of a motion picture in part or in whole, including any device now existing or later developed.


(3) “Person” means an individual, partnership, corporation, company, association, or other legal entity.


(4) “Motion picture theater” means a movie theater, screening room, or other venue used primarily for the exhibition of a motion picture but does not include the lobby or other common areas, a personal residence, or retail establishment.


(5) “Theater owner” means the owner, operator, or lessee of a motion picture theater and includes an employee or agent of the owner, operator, or lessee.


(B) It shall be unlawful for any person to knowingly and wilfully operate an audiovisual recording device in a motion picture theater, with intent to record a motion picture, without written consent from the theater owner.


(C) In any action brought by reason of having been delayed by a theater employee or agent on or near the premises of a theater establishment for the purpose of investigation concerning the unlawful operation of an audiovisual recording device, it shall be a defense to such action if:


(1) the person was delayed in a reasonable manner and for a reasonable time to permit such investigation; and


(2) reasonable cause existed to believe that the person delayed had committed the crime of unlawful operation of a recording device.


(D) This section does not prevent any lawfully authorized investigative agency, law enforcement agency, protective services agency, or intelligence-gathering agency of the local, state, or federal government from operating an audiovisual recording device in a motion picture theater where a motion picture is being exhibited as part of a lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activity.


CREDIT(S)


HISTORY: 2005 Act No. 64, § 1, eff May 23, 2005.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-915


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-915. Prohibitions relative to live performances; persons considered proper witnesses; application of section.


(A) It is unlawful for a person to:


(1) advertise or offer for sale or resale, or sell or resell, or cause the sale or resale, or rent or cause the rental of, or transport or cause to be transported, or possess for any of these purposes for commercial advantage or private financial gain any article containing a live performance with the knowledge that the live performance has been fixed without the consent of the owner of the live performance; or


(2) record or fix or cause to be recorded or fixed on an article with the intent to sell for commercial advantage or private financial gain, the live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner of the live performance. The provisions of this item (2) shall not apply to reproduction in the home for private use and with no purpose of otherwise capitalizing commercially on the reproduction.


A person who violates this section, upon conviction, must be punished as provided for in Section 16-11-920.


(B) As used in this section:


(1) “Person” means an individual, partnership, corporation, company, association, or other legal entity.


(2) “Owner”, in the absence of a written agreement or operation of law to the contrary, is presumed to be the performer of the live performance.


(3) “Fixed” means embodied in a tangible medium of expression when its embodiment in an article, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.


(4) “Article” means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or a copy or reproduction which duplicates in whole or in part, the original.


(5) “Live performance” means the recitation, rendering, or playing of a series of images or musical, spoken, or other sounds in any audible sequence.


(C) For the purposes of this section, a person who is authorized to maintain custody and control over business records which reflect whether or not the owner consented to having the live performance recorded or fixed is a proper witness in any proceeding regarding the issue of consent.


(D) A witness called pursuant to this section is subject to all rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered.


(E) This section neither enlarges nor diminishes the rights and remedies of parties in private litigation nor does it apply to the transfer by a radio or television broadcaster of any such sounds, other than from the sound tract of a motion picture, intended for, or in connection with, broadcast transmission or related uses or for archival purposes.


CREDIT(S)


HISTORY: 1989 Act No. 92, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-920


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-920. Penalties.


(A) A person who violates the provisions of Section 16-11-911 is guilty of a misdemeanor and, upon conviction:


(1) for a first offense, must be fined not more than five thousand dollars or imprisoned not more than one year, or both;


(2) for a second offense, must be fined not more than ten thousand dollars or imprisoned not more than two years, or both;


(3) for a third and each subsequent offense, must be fined not more than fifteen thousand dollars or imprisoned not more than three years, or both.


(B) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both, if the offense:


(1) involves at least one thousand unauthorized articles embodying sound or sixty-five unauthorized audio visual articles during any one hundred eighty-day period; or


(2) is a second or subsequent conviction under Section 16-11-910 or 16-11-915.


(C) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years, or both, if the offense involved:


(1) more than one hundred but less than one thousand unauthorized articles embodying sound during any one hundred eighty-day period; or


(2) more than ten but less than sixty-five unauthorized audiovisual articles during any one hundred eighty-day period.


(D) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than:


(1) twenty-five unauthorized articles embodying sound during any one hundred eighty-day period; or


(2) ten unauthorized audiovisual articles during any one hundred eighty- day period.


(E) A person who violates any other provision of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.


(F) If a person is convicted of a violation of Section 16-11-910, 16-11-911, or 16-11-915, the court shall order the forfeiture and destruction or other disposition of all:


(1) infringing articles;


(2) implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.


These penalties are not exclusive but are in addition to other penalties provided by law.


CREDIT(S)


HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1; 1993 Act No. 184, § 93; 2005 Act No. 64, § 2, eff May 23, 2005.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-930


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-930. Illegal distribution of recordings without name and address of manufacturer and designation of featured artist.


It is unlawful for a person to manufacture or knowingly sell, distribute, circulate, or cause to be sold, distributed, or circulated, advertise, resell or offer for sale or resale, or cause the sale or resale, or rent or cause the rental, or transport or cause to be transported, or possess for any of these purposes for commercial advantage or private financial gain, a phonograph record, tape, album of phonograph records or tapes, or any other article without the actual name and street address of the manufacturer, and the name of the actual performer or group prominently disclosed on the outside cover, box, or jacket containing the record, tape, album of records or tapes, or any other article. A person who violates this section, upon conviction, must be punished as provided for in Section 16-11-940. A law enforcement officer in this State, when charging a person with a violation of this section, if possible at the time of arrest, shall confiscate any records, tapes, albums, or other articles and, upon conviction of the person, the records, tapes, albums, or other articles must be destroyed.


As used in this section:


(1) “Person” means an individual, partnership, corporation, association, or other legal entity.


(2) “Manufacturer” means a person who actually transfers or causes the transfer of any sound or images recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded or assembles and transfers any product containing such transferred sounds or images as a component of it.


(3) “Article” means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.


CREDIT(S)


HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-940


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-940. Penalties for violations of § 16-11-930.


(A) A person who violates the provisions of Section 16-11-930 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both, if the offense involves at least one thousand unauthorized articles embodying sound or at least sixty-five unauthorized audio-visual articles, or is a second or subsequent conviction under Section 16-11-930.


(B) A person violating the provisions of Section 16-11-930 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years, or both, if the offense involves more than one hundred but less than one thousand unauthorized articles embodying sound or more than ten but less than sixty-five unauthorized audio-visual articles.


(C) A person violating the provisions of Section 16-11-930 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than twenty-five unauthorized articles embodying sound or not more than ten unauthorized audio-visual articles.


(D) A person violating the provisions of Section 16-11-930 is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both, in any other case.


(E) If a person is convicted of a violation of Section 16-11-930, the court shall order the forfeiture and destruction or other disposition of all:


(1) infringing articles;


(2) implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.


The penalties provided in this section are not exclusive and are in addition to any other penalties provided by law.


(F) Each violation of Section 16-11-930 constitutes a separate offense.


CREDIT(S)


HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1; 1993 Act No. 184, § 94.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-11-950


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 11. Offenses Against Property

Article 9. Bootleg and Counterfeit Records, Tapes, and Recordings

§ 16-11-950. Exceptions.


The provisions of this article do not apply to sounds or calls of wild birds or animals.


CREDIT(S)


HISTORY: 1975 (59) 592; 1989 Act No. 92, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-10


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-10. Forgery.


(A) It is unlawful for a person to:


(1) falsely make, forge, or counterfeit; cause or procure to be falsely made, forged, or counterfeited; or wilfully act or assist in the false making, forging, or counterfeiting of any writing or instrument of writing;


(2) utter or publish as true any false, forged, or counterfeited writing or instrument of writing;


(3) falsely make, forge, counterfeit, alter, change, deface, or erase; or cause or procure to be falsely made, forged, counterfeited, altered, changed, defaced, or erased any record or plat of land; or


(4) willingly act or assist in any of the premises, with an intention to defraud any person.


(B) A person who violates the provisions of this section is guilty of a:


(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the amount of the forgery is ten thousand dollars or more;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than ten thousand dollars.


(C) If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor under the jurisdiction of the magistrates or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-351; 1952 Code § 16-351; 1942 Code § 1211; 1932 Code § 1211; Cr. C. '22 § 99; Cr. C. '12 § 528; Cr. C. '02 § 373; G. S. 2527; R. S. 295; 1736-7 (3) 470-1 §§ 3-7; 1783 (4) 543; 1801 (5) 397; 1845 (11) 341; 1930 (36) 1203; 1993 Act No. 184, § 106; 1995 Act No. 7, Part I § 5; 2010 Act No. 273, § 16.D, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-15


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-15. Falsifying or altering transcript or diploma; fraudulent use of falsified or altered transcript or diploma; penalty.


(A) It is unlawful for any person to falsify or alter a transcript, a diploma, or the high school equivalency diploma known as the GED from any high school, college, university, or technical college of this State, from the South Carolina Department of Education, or from any other transcript or diploma issuing entity.


(B) It is also unlawful for any person to use in this State a falsified or altered transcript, diploma, or high school equivalency diploma known as the GED from the South Carolina Department of Education, or from any in-state or out-of-state high school, college, university, or technical school, or from any other transcript or diploma issuing entity with the intent to defraud or mislead another person.


(C) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.


CREDIT(S)


HISTORY: 1982 Act No. 295; 2002 Act No. 219, § 1, eff April 22, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-30


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-30. Petit larceny; grand larceny.


(A) Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed, or of any fixture, part, or product of the soil severed from the soil by an unlawful act, or has a value of two thousand dollars or less, is petit larceny, a misdemeanor, triable in the magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days.


(B) Larceny of goods, chattels, instruments, or other personalty valued in excess of two thousand dollars is grand larceny. Upon conviction, the person is guilty of a felony and must be fined in the discretion of the court or imprisoned not more than:


(1) five years if the value of the personalty is more than two thousand dollars but less than ten thousand dollars;


(2) ten years if the value of the personalty is ten thousand dollars or more.


CREDIT(S)


HISTORY: 1962 Code § 16-353; 1952 Code § 16-353; 1942 Code § 1160; 1932 Code § 1160; Cr. C. '22 § 53; Cr. C. '12 § 203; Cr. C. '02 § 164; G. S. 2498; R. S. 160; 1866 (13) 407; 1887 (19) 820; 1964 (53) 1725; 1981 Act No. 76, § 4; 1993 Act No. 171, § 5; 1993 Act No. 184, § 107; 2010 Act No. 273, § 16.E, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-35


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-35. Presumed value of credit card subject to larceny.


Notwithstanding any other provision of law, in any criminal prosecution where a credit card currently in force is the subject of a larceny, the value of the same shall be prima facie presumed to be greater than fifty dollars.


As used in this section “credit card” shall mean an identification card, credit number, credit device or other credit document issued to a person by a business organization which permits such person to purchase or obtain goods, property or services on the credit of such organization.


CREDIT(S)


HISTORY: 1978 Act No. 526.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-40


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-40. Stealing of bonds and the like.


(A) It is unlawful for a person to steal or take by robbery a bond, warrant, bill, or promissory note for the payment or securing the payment of money belonging to another.


(B) A person who violates the provisions of this section is guilty of a:


(1) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the instrument stolen or taken has a value of two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the instrument stolen or taken is more than two thousand dollars but less than ten thousand dollars;


(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the instrument stolen or taken has a value of ten thousand dollars or more.


CREDIT(S)


HISTORY: 1962 Code § 16-354; 1952 Code § 16-354; 1942 Code § 1142; 1932 Code § 1142; Cr. C. '22 § 36; Cr. C. '12 § 181; Cr. C. '02 § 147; G. S. 2486; R. S. 144; 1737 (3) 470; 1993 Act No. 184, § 108; 2010 Act No. 273, § 16.F, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-50


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-50. Stealing livestock; confiscation of motor vehicle or other chattel.


(A) A person convicted of the larceny of a horse, mule, cow, hog, or any other livestock is guilty of a:


(1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than twenty-five hundred dollars, or both, if the value of the livestock is ten thousand dollars or more;


(2) felony and, upon conviction, must be imprisoned not more than five years or fined not more than five hundred dollars, or both, if the value of the livestock is more than two thousand dollars but less than ten thousand dollars;


(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the livestock is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.


(B) A motor vehicle or other chattel used by or found in possession of a person engaged in the commission of a crime under this section is subject to confiscation and must be confiscated and sold under the provisions of Section 27-21-10.


CREDIT(S)


HISTORY: 1962 Code § 16-355; 1952 Code § 16-355; 1942 Code § 1144; 1932 Code § 1144; Cr. C. '22 § 38; Cr. C. '12 § 183; Cr. C. '02 § 149; G. S. 2489; R. S. 146; 1878 (16) 632; 1929 (36) 101; 1954 (48) 1705; 1964 (53) 1722; 1971 (57) 478; 1993 Act No. 171, § 6; 1993 Act No. 184, § 109; 2010 Act No. 273, § 16.G, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-60. Stealing dogs.


(1) It shall be unlawful for any person to steal a dog in which any other person has a right of property.


(2) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars or imprisoned for a term not to exceed six months, or both, in the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-355.1; 1972 (57) 2354.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-65


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-65. Aquaculture operations; stealing or damaging products or facilities.


(A) All wildlife including finfish, shellfish, crustacean, and plant species held and cultivated by bonafide aquaculture operations remain the private property of the culturist until sold, traded, or bartered.


(B) It is unlawful for a person to steal or attempt to steal or otherwise take without prior authorization any cultured wildlife including finfish, shellfish, crustacean, or plants from a bonafide aquaculture operation, posted as such, in this State.


(C) It is unlawful for a person to transfer, damage, vandalize, poison, or attempt to transfer, damage, vandalize, or poison the product or facilities of a bonafide aquaculture operation, posted as such, in this State. No person may cast or cause to be cast poison, impurities, or other substances which are injurious to aquaculture species into the waters or water supply of a bonafide aquaculture operation, posted as such, in this State. No person may attempt to impair or impede an aquaculturist or his employees while in pursuit of lawful activities associated with aquaculture.


Nothing in this section precludes the enforcement of or the applicability of a statute contained in Title 50.


CREDIT(S)


HISTORY: 1989 Act No. 121, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-66


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-66. Penalties for violating Section 16-13-65.


(A) A person violating the provision of Section 16-13-65 is guilty of a misdemeanor and, upon conviction:


(1) for the first offense, must be fined an amount not to exceed one thousand dollars or imprisoned for a term not to exceed one year, or both, and shall pay restitution to the culturist an amount determined by the court. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, an offense punishable under this item may be tried in magistrates or municipal court.


(2) for a second offense, must be fined an amount not to exceed two thousand dollars or imprisoned for a term not less than two months and thirty days community service nor more than one year, or both, and shall pay restitution to the culturist an amount determined by the court. Furthermore, all equipment, including, but not limited to, vehicles, fishing devices, coolers, and nets must be seized and forfeited to the court.


(3) for a third or subsequent offense, must be fined an amount not to exceed five thousand dollars or imprisoned for a term not less than six months nor more than two years, or both, and shall pay restitution to the culturist an amount determined by the court. Furthermore, all equipment, including, but not limited to, vehicles, fishing devices, coolers, and nets must be seized and forfeited to the court.


(B) If the value of such property stolen or damaged is less than two hundred dollars, the case shall be tried in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and the punishment shall be a fine of not more than one thousand dollars or imprisonment for not more than thirty days, or both.


CREDIT(S)


HISTORY: 1989 Act No. 121, § 2; 2010 Act No. 273, § 16.H, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-70


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-70. Stealing of vessels and equipment pertaining thereto; payment of damages.


(A) It is unlawful for a person to steal, take away, or let loose any boat, piragua, or canoe; or steal or take away any grappling, painter, rope, sail, or oar from any landing or place where the owner or person in whose service or employ the thing stolen, taken away, or let loose was last attached or laid, except boats or canoes let loose from another boat, canoe, or vessel.


(B) A person who violates the provisions of this section is guilty of a:


(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the value of the property is ten thousand dollars or more;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the property is more than two thousand dollars but less than ten thousand dollars;


(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the property is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than thirty days.


(C) In addition to the punishment specified in this section, the person must make good to the person injured all damages sustained and, if the matter be a trespass only, the person committing the offense shall make good to the person injured all damages that accrued.


CREDIT(S)


HISTORY: 1962 Code § 16-356; 1952 Code § 16-356; 1942 Code § 1143; 1932 Code § 1143; Cr. C. '22 § 37; Cr. C. '12 § 182; Cr. C. '02 § 148; G. S. 2488; R. S. 145; 1695 (2) 105; 1897 (22) 422; 1963 (53) 551; 1993 Act No. 184, § 110; 2010 Act No. 273, § 16.I, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-80


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-80. Larceny of bicycles.


The larceny of a bicycle is a misdemeanor and, upon conviction, the person must be punishable at the discretion of the court. When the value of the bicycle is less than two thousand dollars, the case is triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-357; 1952 Code § 16-357; 1942 Code § 1145; 1932 Code § 1145; Cr. C. '22 § 39; Cr. C. '12 § 184; Cr. C. '02 § 150; 1901 (23) 749; 1919 (31) 215; 1931 (37) 343; 1964 (53) 1720; 1981 Act No. 76, § 5; 1993 Act No. 171, § 7; 2010 Act No. 273, § 16.J, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-100


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-100. Stealing crude turpentine.


Whoever shall steal any crude turpentine of the value of five dollars, whether dipped or scraped from the trees or not or whether barreled or not, from any place whatsoever shall be guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine of not more than one hundred dollars or imprisonment not exceeding thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-359; 1952 Code § 16-359; 1942 Code § 1207; 1932 Code § 1207; Cr. C. '22 § 95; Cr. C. '12 § 257; Cr. C. '02 § 197; R. S. 184; 1893 (21) 506.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-105


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-105. Definitions as to shoplifting and similar offenses.


When used in §§ 16-13-110, 16-13-120 and 16-13-140 the terms listed below shall have the following meanings:


(1) “Conceal” means to hide merchandise on the person or among the belongings of a person so that, although there may be some notice of its presence, it is not visible through ordinary observation.


(2) “Full retail value” means the merchant's stated or advertised price of merchandise.


(3) “Merchandise” means any goods, chattels, foodstuffs or wares of any type and description, regardless of value.


(4) “Merchant” means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of the owner or operator.


(5) “Store or other retail mercantile establishment” means a place where merchandise is displayed, held, stored or sold or offered to the public for sale.


CREDIT(S)


HISTORY: 1978 Act No. 507 § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-110


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-110. Shoplifting.


(A) A person is guilty of shoplifting if he:


(1) takes possession of, carries away, transfers from one person to another or from one area of a store or other retail mercantile establishment to another area, or causes to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of the merchandise without paying the full retail value;


(2) alters, transfers, or removes any label, price tag marking, indicia of value, or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale in a store or other retail mercantile establishment and attempts to purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of the merchandise;


(3) transfers any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment from the container in which it is displayed to any other container with intent to deprive the merchant of the full retail value.


(B) A person who violates the provisions of this section is guilty of a:


(1) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days if the value of the shoplifted merchandise is two thousand dollars or less;


(2) felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both, if the value of the shoplifted merchandise is more than two thousand dollars but less than ten thousand dollars;


(3) felony and, upon conviction, must be imprisoned not more than ten years if the value of the shoplifted merchandise is ten thousand dollars or more.


CREDIT(S)


HISTORY: 1962 Code § 16-359.1; 1956 (49) 1770; 1978 Act No. 507 § 2; 1985 Act No. 67; 1993 Act No. 171, § 8; 1993 Act No. 184, § 111; 2010 Act No. 273, § 16.K, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-111


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-111. Reports of shoplifting convictions.


A first offense shoplifting prosecution or second offense resulting in a conviction shall be reported by the magistrate or city recorder hearing the case to the Communications and Records Division of the South Carolina Law Enforcement Division which shall keep a record of such conviction so that any law enforcement agency can inquire into whether or not a defendant has a prior record.


CREDIT(S)


HISTORY: 1978 Act No. 507 § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-120


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-120. Shoplifting; presumptions from concealment of unpurchased goods.


It is permissible to infer that any person wilfully concealing unpurchased goods or merchandise of any store or other mercantile establishment either on the premises or outside the premises of the store has concealed the article with the intention of converting it to his own use without paying the purchase price thereof within the meaning of § 16-13-110. It is also permissible to infer that the finding of the unpurchased goods or merchandise concealed upon the person or among the belongings of the person is evidence of wilful concealment. If the person conceals or causes to be concealed the unpurchased goods or merchandise upon the person or among the belongings of another, it is also permissible to infer that the person so concealing such goods wilfully concealed them with the intention of converting them to his own use without paying the purchase price thereof within the meaning of § 16-13-110.


CREDIT(S)


HISTORY: 1962 Code § 16-359.2; 1956 (49) 1770; 1987 Act No. 95 § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-130


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-130. Sections 16-13-110 and 16-13-120 are cumulative.


The offense created by § 16-13-110 and the inferences provided in § 16-13-120 are not exclusive and are in addition to previously existing offenses and those rights and presumptions as were heretofore provided by law.


CREDIT(S)


HISTORY: 1962 Code § 16-359.3; 1956 (49) 1770; 1987 Act No. 95 § 4.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-140


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-140. Defense to action for delay to investigate ownership of merchandise.


In any action brought by reason of having been delayed by a merchant or merchant's employee or agent on or near the premises of a mercantile establishment for the purpose of investigation concerning the ownership of any merchandise, it shall be a defense to such action if: (1) The person was delayed in a reasonable manner and for a reasonable time to permit such investigation, and (2) reasonable cause existed to believe that the person delayed had committed the crime of shoplifting.


CREDIT(S)


HISTORY: 1962 Code § 16-359.4; 1965 (54) 537.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-150


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-150. Purse snatching.


It is unlawful for a person to snatch suddenly and carry away from another a purse or other thing of value with intent to deprive the owner or person lawfully in possession of the article in circumstances not constituting grand larceny or robbery.


A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.


CREDIT(S)


HISTORY: 1962 Code § 16-359.5; 1965 (54) 266; 1993 Act No. 184, § 175.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-160


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-160. Breaking into motor vehicles or tanks, pumps and other containers wherein fuel or lubricants are stored.


(A) It is unlawful for a person to:


(1) break or attempt to break into a motor vehicle or its compartment with the intent to steal it or anything of value from it, or attached or annexed to it, or used in connection with it or in the perpetration of any criminal offense; or


(2) break or attempt to break any tank, pump, or other vessel where kerosene, gasoline, or lubricating oil is stored or kept with intent to steal any such product.


(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than one thousand dollars, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-360; 1952 Code § 16-360; 1942 Code § 1154-1; 1935 (39) 478; 1936 (39) 1342; 1993 Act No. 184, § 30.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-170


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-170. Entering house or vessel without breaking with intent to steal; attempt to enter.


It is unlawful for a person to:


(1) enter, without breaking, or attempt to enter a house or vessel, with intent to steal or commit any other crime; or


(2) conceal himself in a house or vessel, with intent to commit a crime.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-361; 1952 Code § 16-361; 1942 Code § 1154; 1932 Code § 1154; Cr. C. '22 § 48; Cr. C. '12 § 198; 1905 (24) 849; 1993 Act No. 184, § 31.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-175


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-175. Confiscation and forfeiture of motor vehicle used in larceny; hearing.


(A) In addition to the penalties for larceny of property, the motor vehicle used in the commission of the larceny may be confiscated and forfeited to the jurisdiction where the larceny occurred if the offender is the registered owner of the motor vehicle and the offender used the motor vehicle during the commission of the offense.


(B) A motor vehicle subject to confiscation and forfeiture under this section may be confiscated by any law enforcement officer upon a warrant issued by any court having jurisdiction or upon probable cause to believe that the motor vehicle was used pursuant to subsection (A). The confiscating officer shall deliver the motor vehicle immediately to the county or municipality where the larceny occurred. The county or municipality shall notify the registered owner of the motor vehicle by certified mail within seventy-two hours of the confiscation. Upon notice, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The confiscation hearing must be held within ten days from the date of receipt of the request. The motor vehicle must remain confiscated unless the registered owner can show by a preponderance of the evidence that the confiscation and forfeiture would cause an undue hardship on his family. The county or municipality in possession of the motor vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.


(C) Upon the conviction of the person owning and using the motor vehicle in the larceny of property, or upon his plea of guilty or nolo contendere to this offense, the county or municipality where the larceny occurred may initiate an action in the circuit court of the county in which the motor vehicle was seized to accomplish forfeiture by giving notice to registered owners of record, lienholders of record, and other persons claiming an interest in the motor vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the motor vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the motor vehicle to appear at this proceeding after having been given notice constitutes a waiver of the claim. However, the failure to appear does not alter or affect the claim of a lienholder of record. The court, after hearing, may order that the motor vehicle be forfeited to the county or municipality and sold as provided in this section or returned to the registered owner. The court may order a motor vehicle returned to the registered owner if it is shown by a preponderance of the evidence that forfeiture of the motor vehicle would cause an undue hardship on the registered owner's family. Forfeiture of a motor vehicle is subordinate in priority to all valid liens and encumbrances. Under this subsection, a person is entitled to a jury trial if requested.


(D) If the person fails to file an appeal within ten days after the conviction, the forfeited motor vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. However, if the fair market value of the motor vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids.


(E) All costs relating to the confiscation and forfeiture of a motor vehicle under this section, including expenses for court costs and storage of the motor vehicle, must be paid from the proceeds of the sale of the motor vehicle.


CREDIT(S)


HISTORY: 1995 Act No. 56, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-177


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-177. Timber theft; forfeiture of property.


(A) In addition to the penalties provided by law, when an offense in violation of Section 16-11-580, 16-13-30, 16-13-230, or 16-13-240 involves timber theft valued in excess of five thousand dollars, all motor vehicles, conveyances, tractors, trailers, watercraft, vessels, tools, and equipment of any kind, used or positioned for use, in acquiring, cutting, harvesting, manufacturing, producing, processing, delivering, importing, or exporting timber or timber products that are known by the owner to be used in the commission of the offense may be confiscated and forfeited to the jurisdiction where the offense occurred if the offender is the owner or registered owner of the property and the offender or someone under his direction or control knowingly used the property during the commission of the offense.


(B) Property subject to forfeiture under this section may be seized or confiscated by any law enforcement officer incident to a lawful arrest or a warrant issued for the purpose by a court of competent jurisdiction pursuant to subsection (A). The confiscating officer must deliver the property immediately to the county or municipality where the offense occurred. The county or municipality must notify the registered owner of the property by certified mail within seventy-two hours of the confiscation. Upon notice, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The forfeiture hearing must be held within ten days from the date of receipt of the request. The property confiscated must be returned to the registered owner unless the Forestry Commission, a county, or a municipality can show by a preponderance of the evidence that the property seized was knowingly used in the commission of the crime. In the event the commission, a county, or municipality is unable to make such a showing, all property seized under this section must be returned to the owner upon proof of ownership and the posting of a bond in a sufficient amount not to exceed ten thousand dollars. The county or municipality in possession of the property must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.


(C) Upon conviction of a person owning and using the seized property or upon his plea of nolo contendre to an offense subjecting the property to forfeiture, the county or municipality where the offense occurred or the Forestry Commission may initiate an action in the circuit court of the county in which the property was seized to accomplish forfeiture by giving notice to registered owners of record, lienholders of record, and other persons claiming an interest in the property subject to forfeiture and by giving these persons notice and an opportunity to appear and show cause why the property should not be forfeited and disposed of as provided in this section. Failure of a person claiming an interest in the property to appear at this proceeding after having been given notice constitutes a waiver of the claim. However, the failure to appear does not affect the claim of a lienholder of record. The court, after hearing, may order the property forfeited to the county or municipality and sold as provided in this section or returned to the owner or registered owner. Forfeiture of property is subordinate in priority to all valid liens and encumbrances. A person whose property is subject to forfeiture under this section is entitled to a jury trial if requested.


(D) When property is forfeited under this section, the judge must order the property sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds of any sale pursuant to this section shall be distributed to the victim of the offense in an amount to be determined by the presiding judge and any remaining proceeds shall be disbursed to the South Carolina Commission on Forestry to be used exclusively for timber theft enforcement, prevention, and awareness.


CREDIT(S)


HISTORY: 2002 Act No. 288, § 1, eff May 28, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-180


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-180. Receiving stolen goods.


(A) It is unlawful for a person to buy, receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property is stolen. A person is guilty of this offense whether or not anyone is convicted of the theft of the property.


(B) A person who violates the provisions of this section is guilty of a:


(1) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the property is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days;


(2) felony and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than five years if the value of the property is more than two thousand dollars but less than ten thousand dollars;


(3) felony and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than ten years if the value of the property is ten thousand dollars or more.


(C) For the purposes of this section, the receipt of multiple items in a single transaction or event constitutes a single offense.


CREDIT(S)


HISTORY: 1962 Code § 16-362; 1952 Code § 16-362; 1942 Code § 1161; 1932 Code § 1161; Cr. C. '22 § 54; Cr. C. '12 § 204; Cr. C. '02 § 165; G. S. 25, 26a; R. S. 161; 1712 (2) 543; 1760 (4) 309; 1887 (19) 814; 1964 (53) 1721; 1981 Act No. 76, § 6; 1988 Act No. 640; 1993 Act No. 171, § 9; 1993 Act No. 184, § 112; 2010 Act No. 273, § 16.L, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-181


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-181. Action for damages resulting from violation of § 16-13-180.


Any person who has been injured or suffered damages because of a violation of § 16-13-180 may bring an action in the circuit court against the person convicted of the violation for three times the amount of damages suffered, if any, plus costs of the action and reasonable attorney fees.


CREDIT(S)


HISTORY: 1980 Act No. 489.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-185


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-185. Failure to pay for gasoline; penalties.


(A) No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which gasoline offered for retail sale was dispensed into the fuel tank of the motor vehicle unless due payment or authorized charge for the gasoline so dispensed has been made.


(B) A person who intentionally violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both, and, at the discretion of the sentencing judge, the person's driver's license may be suspended for a period not to exceed thirty days for a first offense and for a period not to exceed ninety days for a second or subsequent offense.


CREDIT(S)


HISTORY: 2000 Act No. 223, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-210


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-210. Embezzlement of public funds.


(A) It is unlawful for an officer or other person charged with the safekeeping, transfer, and disbursement of public funds to embezzle these funds.


(B) A person who violates the provisions of this section is guilty of a:


(1) felony and, upon conviction, must be fined in the discretion of the court to be proportioned to the amount of the embezzlement and imprisoned not more than ten years if the amount of the embezzled funds is ten thousand dollars or more;


(2) felony and, upon conviction, must be fined in the discretion of the court to be proportioned to the amount of embezzlement and imprisoned not more than five years if the amount of the embezzled funds is less than ten thousand dollars.


(C) The person convicted of a felony is disqualified from holding any office of honor or emolument in this State; but the General Assembly, by a two-thirds vote, may remove this disability upon payment in full of the principal and interest of the sum embezzled.


CREDIT(S)


HISTORY: 1962 Code § 16-363; 1952 Code § 16-363; 1942 Code § 1510; 1932 Code § 1510; Cr. C. '22 § 459; Cr. C. '12 § 534; Cr. C. '02 § 378; 1898 (22) 810; 1934 (38) 1197; 1993 Act No. 184, § 113; 1995 Act No. 7, Part I § 6; 2010 Act No. 273, § 16.M, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-220


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-220. Embezzlement of public funds; presumption on proof of failure to account for receipts.


In trials under § 16-13-210, upon production of evidence tending to prove that any such officer or other person has received public funds and failed to account for the funds as required by law, it is permissible to infer that the funds received and unaccounted for have been fraudulently appropriated by the officer or person.


CREDIT(S)


HISTORY: 1962 Code § 16-364; 1952 Code § 16-364; 1942 Code § 1510; 1932 Code § 1510; Cr. C. '22 § 459; Cr. C. '12 § 534; Cr. C. '02 § 378; 1898 (22) 810; 1934 (38) 1197; 1987 Act No. 95 § 5.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-230


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-230. Breach of trust with fraudulent intent.


(A) A person committing a breach of trust with a fraudulent intention or a person who hires or counsels another person to commit a breach of trust with a fraudulent intention is guilty of larceny.


(B) A person who violates the provisions of this section is guilty of a:


(1) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the amount is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount is more than two thousand dollars but less than ten thousand dollars;


(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount is ten thousand dollars or more.


CREDIT(S)


HISTORY: 1962 Code § 16-365; 1952 Code § 16-365; 1942 Code § 1149; 1932 Code § 1149; Cr. C. '22 § 43; Cr. C. '12 § 188; Cr. C. '02 § 154; G. S. 2493; R. S. 150; 1866 (13) 406; 1993 Act No. 171, § 10; 1993 Act No. 184, § 114; 2010 Act No. 273, § 16.N, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-240


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-240. Obtaining signature or property by false pretenses.


A person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty of a:


(1) felony and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than ten years if the value of the property is ten thousand dollars or more;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the property is more than two thousand dollars but less than ten thousand dollars;


(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the property is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-366; 1952 Code § 16-366; 1942 Code § 1171; 1932 Code § 1171; Cr. C. '22 § 64; Cr. C. '12 § 220; Cr. C. '02 § 168; G. S. 2499; R. S. 162; 1876 (26) 39; 1893 (21) 507; 1894 (21) 824; 1960 (51) 1598; 1981 Act No. 76, § 7; 1993 Act No. 171, § 11; 1993 Act No. 184, § 115; 2010 Act No. 273, § 16.O, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-250


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-250. Effect when obtaining signature or property by false pretenses amounts to larceny.


If upon the trial of any person indicted for a misdemeanor under the provisions of § 16-13-240 it shall be proved that he obtained the property in such a manner as to amount in law to larceny he shall not, by reason thereof, be entitled to be acquitted of such misdemeanor. No person tried for such misdemeanor shall be liable to be afterwards prosecuted for larceny upon the same facts.


CREDIT(S)


HISTORY: 1962 Code § 16-367; 1952 Code § 16-367; 1942 Code § 1171; 1932 Code § 1171; Cr. C. '22 § 64; Cr. C. '12 § 220; Cr. C. '02 § 168; G. S. 2499; R. S. 162; 1876 (26) 39; 1893 (21) 507; 1894 (21) 824.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-260


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-260. Obtaining property under false tokens or letters.


A person who falsely and deceitfully obtains or gets into his hands or possession any money, goods, chattels, jewels, or other things of another person by color and means of any false token or counterfeit letter made in another person's name is guilty of a:


(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the property is ten thousand dollars or more;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than two thousand dollars but less than ten thousand dollars;


(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the property is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-368; 1952 Code § 16-368; 1942 Code § 1170; 1932 Code § 1170; Cr. C. '22 § 63; Cr. C. '12 § 219; Cr. C. '02 § 167; 1712 (2) 476; 1894 (21) 824; 1964 (53) 1723; 1993 Act No. 171, § 12; 1993 Act No. 184, § 116; 2010 Act No. 273, § 16.P, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-290


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-290. Securing property by fraudulent impersonation of officer.


It is unlawful for a person, with intent to defraud either the State, a county, or municipal government or any person, to act as an officer and demand, obtain, or receive from a person or an officer of the State, county, or municipal government any money, paper, document, or other valuable things. A person who violates the provisions of this section is guilty of a:


(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the property or thing obtained has a value of more than four hundred dollars.


(2) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days if the property or thing obtained has a value of four hundred dollars or less.


CREDIT(S)


HISTORY: 1962 Code § 16-369; 1952 Code § 16-369; 1942 Code § 1173; 1932 Code § 1173; Cr. C. '22 § 66; 1920 (31) 753; 1993 Act No. 184, § 32; 2010 Act No. 273, § 16.Q, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-300


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-300. Fraudulent removal or secreting of personal property attached or levied on.


Whoever, with intent to defraud, removes or secretes personal property which has been attached or levied on by the sheriff or any other officer authorized by law to make such attachment or levy shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for a period not less than sixty days nor more than one year or by fine of not less than one hundred dollars nor more than two hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-370; 1952 Code § 16-370; 1942 Code § 1279; 1932 Code § 1279; Cr. C. '22 § 174; Cr. C. '12 § 452; Cr. C. '02 § 339; G. S. 2516; R. S. 278; 1873 (15) 448; 1879 (17) 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-310


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-310. Taking official records without authority.


Any person who shall take any record from the office of the clerk of the court, judge of probate or master in equity without the consent of the officer having control of such record shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of fifty dollars for the first offense and for the second and any subsequent offense by a fine of one hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-371; 1952 Code § 16-371; 1942 Code § 1526; 1932 Code § 1526; Cr. C. '22 § 473; Cr. C. '12 § 547; Cr. C. '02 § 390; G. S. 2557; R. S. 307; 1882 (17) 871; 1885 (19) 415.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-320


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-320. Swindling.


Whoever shall (a) inveigle or entice by any arts or devices any person to play at cards, dice or any other game or bear a share or part in the stakes, wagers or adventures or bet on the sides or hands of such as do or shall play as aforesaid, (b) sell, barter or expose to sale any kind of property which has been before sold, bartered or exchanged by the person so selling, bartering or exchanging or by anyone for the benefit or advantage of the person so selling, bartering or exchanging in any house or other place within this State or be a party thereto or (c) overreach, cheat or defraud by any other cunning, swindling arts and devices, so that the ignorant and unwary, who are deluded thereby, lose their money or other property, shall, on conviction thereof in any court of competent jurisdiction, be guilty of a misdemeanor and shall be fined at the discretion of the court and, besides, shall refund to the party aggrieved double the sum he was so defrauded of.


And if the same be not immediately paid, with costs, every such person shall be committed to the common jail or house of correction, if there be any, of the county in which such person shall be convicted, there to continue for any time not exceeding six months, unless such fine, with costs, be sooner paid and discharged.


CREDIT(S)


HISTORY: 1962 Code § 16-566; 1952 Code § 16-566; 1942 Code § 1746; 1932 Code § 1746; Cr. C. '22 § 728; Cr. C. '12 § 713; Cr. C. '02 § 515; G. S. 2508; R. S. 400; 1791 (5) 177.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-330


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-330. Stealing or damaging works of literature or objects of art.


Any person who shall steal or unlawfully take or wilfully or maliciously write upon, cut, tear, deface, disfigure, soil, obliterate, break or destroy, or who shall sell or buy or receive, knowing it to have been stolen, any book, pamphlet, document, newspaper, periodical, map, chart, picture, portrait, engraving, statue, coin, medal, equipment, specimen, recording, film or other work of literature or object of art belonging to or in the care of a library, gallery, museum, collection, exhibition or belonging to or in the care of any department or office of the State or local government, or belonging to or in the care of a library, gallery, museum, collection or exhibition which belongs to any incorporated college or university or which belongs to any institution devoted to educational, scientific, literary, artistic, historical or charitable purposes shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-372; 1958 (50) 1929.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-331


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-331. Unauthorized removal or concealment of library property prohibited; penalty.


Whoever, without authority, with the intention of depriving the library or archive of the ownership of such property, wilfully conceals a book or other library or archive property, while still on the premises of such library or archive, or wilfully or without authority removes any book or other property from any library or archive or collection shall be deemed guilty of a misdemeanor under the jurisdiction of the magistrates or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon conviction, shall be punished in accordance with the following: by a fine of not more than six hundred dollars or imprisonment for not more than six months; provided, however, that if the value of the library or archive property is less than one hundred dollars, the punishment shall be a fine of not more than two hundred dollars or imprisonment for not more than thirty days. Proof of the wilful concealment of any book or other library or archive property while still on the premises of such library or archive shall be prima facie evidence of intent to commit larceny thereof.


CREDIT(S)


HISTORY: 1980 Act No. 334; 2010 Act No. 273, § 16.R, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-332


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-332. Library personnel exempt from liability for arrest of persons suspected of concealment or removal of library property.


A library or agent or employee of the library causing the arrest of any person pursuant to the provisions of § 16-13-331 shall not be held civilly liable for unlawful detention, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested, unless excessive or unreasonable force is used; whether such arrest takes place on the premises by such agent or employee; provided that, in causing the arrest of such person, the library or agent or employee of the library had at the time of such arrest probable cause to believe that the person committed willful concealment of books or other library property.


CREDIT(S)


HISTORY: 1980 Act No. 334.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-340


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-340. Failure to return books, newspapers, magazines and the like borrowed from library and other institutions.


Whoever borrows from any county library or municipal, school, college or other institutional library or gallery, museum, collection or exhibition any book, newspaper, magazine, manuscript, pamphlet, publication, recording, film or other article belonging to or in the care of such library, gallery, museum, collection or exhibition under any agreement to return it and thereafter fails to return such book, newspaper, magazine, manuscript, pamphlet, publication, recording, film or other article shall be given written notice, mailed to his last known address or delivered in person, to return such book, newspaper, magazine, manuscript, pamphlet, publication, recording, film or other article within fifteen days, and in the event that such person shall thereafter wilfully and knowingly fail to return such borrowed article within fifteen days, such person shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days, provided the notice required by this section shall bear upon its face a copy of this section.


CREDIT(S)


HISTORY: 1962 Code § 16-373; 1958 (50) 1929.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-350


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-350. Posting copies of §§ 16-13-330 to 16-13-370.


Every county library or municipal, school, college or other institutional library or gallery, museum, collection or exhibition or any such institution belonging to any incorporated college or library or belonging to any incorporated institution devoted to educational, scientific, literary, artistic, historical or charitable purposes whose books, newspapers, magazines, manuscripts, pamphlets, publications, recordings, films or other articles are covered by or protected by §§ 16-13-330 and 16-13-340, shall post and display in at least two public places within such institution or library a copy of §§ 16-13-330 to 16-13-370 so that they may be read by anyone going into, visiting or belonging to such institution and borrowing books or other documents from such institution.


CREDIT(S)


HISTORY: 1962 Code § 16-374; 1958 (50) 1929.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-360


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-360. Disposition of fines collected under §§ 16-13-330 and 16-13-340.


Any and all fines collected pursuant to the terms of §§ 16-13-330 and 16-13-340 shall be paid into the fund of the county library or municipal, school, college or other institutional library or gallery, museum, collection or exhibition injured by the act of the person so fined.


CREDIT(S)


HISTORY: 1962 Code § 16-375; 1958 (50) 1929.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-370


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-370. Cumulative effect of §§ 16-13-330 to 16-13-360.


The provisions of §§ 16-13-330 to 16-13-360 are not intended as a substitute for or a replacement of any penalties now provided by law, but shall be considered accumulative and in addition thereto.


CREDIT(S)


HISTORY: 1962 Code § 16-376; 1958 (50) 1929.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-380


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-380. Theft of electric current.


Any person who (a) has no contract, agreement, license, or permission with or from any person authorized to manufacture, sell, or use electricity for the purpose of light, heat, or power or with or from any authorized agent of the person for the use of electrical current belonging to or produced or furnished by the person and (b) wilfully withdraws or causes to be withdrawn in any manner and appropriate for his own use or for the use of any other person the current from the wires of the person authorized to manufacture, sell, or use electricity is guilty of a misdemeanor and, upon conviction for a first offense, must be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding thirty days. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both. Any person who shall aid, abet, or assist the person in the withdrawing and appropriating of the current from the wires to or for the use of the other person or to or for the use of any other person is guilty of a misdemeanor and, upon conviction, must be punished in like manner.


CREDIT(S)


HISTORY: 1962 Code § 24-451; 1952 Code § 24-451; 1942 Code § 1155; 1932 Code § 1155; Cr. C. '22 § 49; Cr. C. '12 § 199; 1904 (24) 409; 1929 (36) 50; 1996 Act No. 369, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-385


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-385. Altering, tampering with or bypassing electric, gas or water meters.


(A) It is unlawful for an unauthorized person to alter, tamper with, or bypass a meter which has been installed for the purpose of measuring the use of electricity, gas, or water.


A meter found in a condition which would cause electricity, gas, or water to be diverted from the recording apparatus of the meter or to cause the meter to inaccurately measure the use of electricity, gas, or water or the attachment to a meter or distribution wire of any device, mechanism, or wire which would permit the use of unmetered electricity, gas, or water or would cause a meter to inaccurately measure the use is prima facie evidence that the person in whose name the meter was installed or the person for whose benefit electricity, gas, or water was diverted caused the electricity, gas, or water to be diverted from going through the meter or the meter to inaccurately measure the use of the electricity, gas, or water.


(B) A person who violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both.


CREDIT(S)


HISTORY: 1962 Code 16-400; 1976 Act No. 650; 1993 Act No. 184, § 176; 1995 Act No. 7, Part I § 7.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-390


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-390. Cheating producers of electricity.


Any person who (a) has a contract, agreement, license or permission, oral or written, with or from any person authorized to manufacture, sell or use electricity for the purpose of light, heat or power or with or from any authorized agent of such person for the use of the electrical current belonging to or produced or furnished by any such person, for certain specified purposes and (b) shall wilfully and intentionally withdraw or cause to be withdrawn, in any manner, and appropriate to his own use or to the use of any other person electrical current for purposes other than those specified shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in § 16-13-380. And any such person to whom such electrical current is furnished from or by means of a meter who shall wilfully and with intention to cheat and defraud any person, alter or interfere with such meter or by any contrivance whatsoever withdraw or take off electrical current in any manner except through such meter shall be guilty of a misdemeanor and be punished as provided in § 16-13-380.


CREDIT(S)


HISTORY: 1962 Code § 24-452; 1952 Code § 24-452; 1942 Code § 1158; 1932 Code § 1158; Cr. C. '22 § 52; Cr. C. '12 § 202; 1904 (24) 410.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-400


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-400. Avoiding or attempting to avoid payment of telecommunications services.


Any person who knowingly avoids or attempts to avoid, or causes another to avoid, the lawful charges or payments, in whole or in part, for any telecommunications service or for the transmission of a message, signal, or other telecommunication over telephone or telegraph facilities:


(1) By charging such service to an existing telephone number or credit card number without the authority of the subscriber thereto or the lawful holder thereof;


(2) By charging such service to a nonexistent telephone number or credit card number, or to a number associated with telephone service which is suspended or terminated, or to a revoked or canceled credit card number;


(3) By use of a code, prearranged scheme, or other similar stratagem or device whereby such person, in effect, sends or receives information;


(4) By rearranging, tampering with, or making connection with any facilities or equipment of a telephone company, whether physically, inductively, acoustically, or otherwise; or


(5) By the use of any other fraudulent means, method, trick or device; is guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than one thousand dollars or imprisoned not more than one year, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-565.1; 1961 (52) 569; 1965 (54) 680.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-410


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-410. Making or possessing device, plans or instructions which can be used to violate § 16-13-400.


(1) Any person who knowingly makes or possesses any device or any plans or instructions for making the same which can be used to violate the provisions of § 16-13-400 or to conceal from any supplier of telecommunication service the existence, origin or destination of any telecommunication shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than one thousand dollars or imprisoned not more than one year, or both.


(2) Any magistrate may issue a warrant to search for and seize any such device upon application supported by oath of the complainant which shall set forth the facts upon which the application is based, specifically designating the place and the object of the search or seizure. Any such device seized under warrant or as an incident to a lawful arrest shall after conviction of the owner or possessor thereof be destroyed by the sheriff of the county in which such person was convicted.


CREDIT(S)


HISTORY: 1962 Code § 16-565.2; 1965 (54) 682.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-420


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-420. Failure to return leased or rented property; fraudulent appropriation of leased or rented property.


(A) A person having any property in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he:


(1) wilfully and fraudulently fails to return the property within seventy-two hours after the lease or rental agreement has expired;


(2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of the lease or rental agreement.


The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts.


(B) A person who violates the provisions of this section is guilty of a:


(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is ten thousand dollars or more;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than two thousand dollars but less than ten thousand dollars;


(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the rented or leased item is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.


CREDIT(S)


HISTORY: 1962 Code § 46-150.87:1; 1964 (53) 1880; 1970 (56) 2498; 1993 Act No. 171, § 13; 1993 Act No. 184, § 117; 2000 Act No. 409, § 1; 2010 Act No. 273, § 16.S, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-425


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-425. Repealed by 2010 Act No. 273, § 17, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-430


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-430. Fraudulent acquisition or use of food stamps.


(A) It is unlawful for a person to:


(1) obtain, attempt to obtain, aid, abet, or assist any person to obtain, by means of a false statement or representation, false impersonation, fictitious transfer, conveyance, or other fraudulent device, food stamps or coupons to which an applicant is not entitled or a greater amount of food stamps or coupons than that which an applicant is justly entitled; or


(2) to acquire, possess, use, or transfer food stamps or coupons except as authorized by law and the rules and regulations of the United States Department of Agriculture relating to these matters.


(B) It is unlawful for a person to acquire or transfer food stamps or coupons except in exchange for food or food products for human consumption, which do not include alcoholic beverages, tobacco, beer, or wine.


(C) A person who violates the provisions of this section is guilty of a:


(1) felony if the amount of food stamps fraudulently acquired or used is of a value of ten thousand dollars or more. Upon conviction, the person must be fined not more than five thousand dollars or imprisoned not more than ten years, or both;


(2) felony if the amount of food stamps fraudulently acquired or used is of a value of more than two thousand dollars but less than ten thousand dollars. Upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than five years, or both;


(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the amount of food stamps fraudulently acquired or used is of a value of two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.


(D) A mercantile establishment which allows purchases of prohibited items in exchange for food stamps or coupons or currency of the United States must be disqualified from participation in the food stamp program for a period not to exceed two years and fined not more than five thousand dollars, or both.


CREDIT(S)


HISTORY: 1976 Act No. 548; 1993 Act No. 184, § 119; 2010 Act No. 273, § 16.T, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-437


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-437. False statement or representation as to income, to public housing agency, to obtain or retain public housing or with respect to determining rent; misdemeanor; penalties; restitution.


It is unlawful for a person knowingly to make a false statement or representation with respect to the person's individual or family income to a public housing agency in obtaining or retaining public housing or with respect to the determination of rent due from the person for public housing. For purposes of this section public housing includes private housing provided through a housing program managed by a public housing agency. For purposes of this section, public housing agency means an agency of state, regional, county, or municipal government, including housing authorities, which administer state or federal housing programs. A person violating this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than two years or fined not more than one thousand dollars and the person convicted must be ordered to pay restitution to the public housing agency.


CREDIT(S)


HISTORY: 1994 Act No. 458, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-440


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-440. Use of false or fictitious name or address to obtain refund from business establishment for merchandise.


(A) It is unlawful for any person to give a false or fictitious name or address, or to give the name or address of any other person without that person's approval, for the purpose of obtaining or attempting to obtain a refund from a business establishment for merchandise.


(B) Any person who violates the provisions of subsection (A) of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred dollars or by imprisonment for a term not to exceed thirty days.


CREDIT(S)


HISTORY: 1982 Act No. 375, §§ 1, 2.



Current through End of 2012 Reg. Sess.




Code 1976 § 16-13-450


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-450. Unlawful issuance, sale, or offer to sell identification card or document purporting to contain age or date of birth.


(1) It is unlawful for any person to sell or issue, or to offer to sell or issue, in this State any identification card or document purporting to contain the age or date of birth of the person in whose name it was issued unless:


(a) Prior to selling or issuing an identification card or document, the person has first obtained from the applicant and retains for a period of three years from the date of sale:


1. an authenticated or certified copy of proof of age as provided in subsection (2) of this section;


2. a notarized affidavit from the applicant attesting to the applicant's age and that the evidence of age required by subitem 1 of item (a) of this subsection is for the applicant.


(b) Prior to offering to sell identification cards in this State, the person has included in any offer for sale of identification cards or documents that the cards or documents may not be sold without the applicant first submitting the documents required by item (a) of this section.


(c) The identification card or document contains the business name and street address of the person selling or issuing the identification card or document.


(2) For purposes of this section acceptable evidence of age is:


1. a duly attested copy of the person's birth certificate;


2. a duly attested transcript of a certificate of baptism showing the date of birth and place of baptism, accompanied by an affidavit sworn to by the parent;


3. an insurance policy on the person's life which has been in force for at least two years;


4. a passport or certificate of arrival in the United States showing the person's age;


5. a transcript of record of age shown in the person's school record at least four years prior to application, stating date of birth; or


6. if none of the evidences in subitems 1 through 5 may be produced, an affidavit of age sworn to by the parent, accompanied by a certificate of age signed by a public health officer or licensed practicing physician, which certificate shall state that the health officer or physician has examined the person and believes that the age as stated in the affidavit is substantially correct.


(3) For purposes of this section, the term “offer to sell” includes every inducement, solicitation, attempt, printed or media advertisement to encourage a person to purchase an identification card.


(4) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than six months, or both.


CREDIT(S)


HISTORY: 1986 Act No. 526, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-451


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-451. Unlawful submission of documentation required under Section 16-13-450.


It is unlawful for any person to submit documentation as required by subitem 1 of item (a) of subsection (1) of § 16-13-450, which contains false information. Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days.


CREDIT(S)


HISTORY: 1986 Act No. 526, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-452


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-452. Law enforcement or intelligence activities not subject to Sections 16-13-450 and 16-13-451.


Sections 16-13-450 and 16-13-451 do not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or intelligence agency of the United States, a state, or a political subdivision of a state.


CREDIT(S)


HISTORY: 1986 Act No. 526, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-460


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-460. Church to separate and use money only for cemetery maintenance when so designated; penalties.


Any church which receives money specifically designated for the maintenance of a cemetery on its property shall account for the money separately, and it may be used only for the maintenance of the cemetery. Any person or member of the church governing board who knowingly approves or permits the use of the fund for any other purpose is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.


CREDIT(S)


HISTORY: 1987 Act No. 115 § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-470


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-470. Defrauding drug and alcohol screening tests; penalty.


(A) It is unlawful for a person to:


(1) sell, give away, distribute, or market urine in this State or transport urine into this State with the intent of using the urine to defraud a drug or alcohol screening test;


(2) attempt to foil or defeat a drug or alcohol screening test by the substitution or spiking of a sample or the advertisement of a sample substitution or other spiking device or measure;


(3) adulterate a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test;


(4) possess adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test; or


(5) sell adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test.


Intent is presumed if a heating element or any other device used to thwart a drug-screening test accompanies the sale, giving, distribution, or marketing of urine or if instructions which provide a method for thwarting a drug-screening test accompany the sale, giving, distribution, or marketing of urine.


(B) A person who violates a provision of subsection (A):


(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both; and


(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.


CREDIT(S)


HISTORY: 1999 Act No. 65, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-480


Effective: January 1, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 1. Miscellaneous Offenses

§ 16-13-480. Providing false identifications for use by unlawful aliens; penalty.


Unless otherwise provided by law, it is unlawful for a person to make, issue, or sell, or offer to make, issue, or sell, a false, fictitious, fraudulent, or counterfeit picture identification that is for use by an alien who is unlawfully present in the United States. A person who violates this section is guilty of a felony, and, upon conviction, must be fined twenty-five thousand dollars or imprisoned for not more than five years, or both.


CREDIT(S)


HISTORY: 2011 Act No. 69, § 15, eff January 1, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-500


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 2. Personal Financial Security Act

§ 16-13-500. Citation of article.


This article may be cited as the “Personal Financial Security Act”.


CREDIT(S)


HISTORY: 2000 Act No. 305, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-510


Effective: December 31, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 2. Personal Financial Security Act

§ 16-13-510. “Financial identity fraud” and “identifying information” defined; penalty and restitution.


(A) It is unlawful for a person to commit the offense of financial identity fraud or identity fraud.


(B) A person is guilty of financial identity fraud when he, without the authorization or permission of another person and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party knowingly and wilfully:


(1) obtains or records identifying information which would assist in accessing the financial records of the other person; or


(2) accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (D).


(C) A person is guilty of identity fraud when he uses identifying information, as defined in subsection (D), of another person for the purpose of obtaining employment or avoiding identification by a law enforcement officer, criminal justice agency, or another governmental agency including, but not limited to, law enforcement, detention, and correctional agencies or facilities.


(D) “Personal identifying information” means the first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of this State, when the data elements are neither encrypted nor redacted:


(1) social security number;


(2) driver's license number or state identification card number issued instead of a driver's license;


(3) financial account number, or credit card or debit card number in combination with any required security code, access code, or password that would permit access to a resident's financial account; or


(4) other numbers or information which may be used to access a person's financial accounts or numbers or information issued by a governmental or regulatory entity that uniquely will identify an individual.


The term does not include information that is lawfully obtained from publicly available information, or from federal, state, or local government records lawfully made available to the general public.


(E) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322.


CREDIT(S)


HISTORY: 2000 Act No. 305, § 1; 2006 Act No. 350, § 2, eff June 12, 2006; 2008 Act No. 190, § 8, eff December 31, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-512


Effective: December 31, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 2. Personal Financial Security Act

§ 16-13-512. Printing credit and debit card numbers on sales receipts; exceptions; penalties.


(A) Except as provided in this section, a person, firm, partnership, association, corporation, limited liability company, or any other entity which accepts credit cards or debit cards for the transaction of business must not print on a receipt provided to the cardholder at the point of sale:


(1) more than five digits of the credit card or debit card account number; and


(2) the expiration date of the credit card or debit card.


(B) This section does not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card.


(C)(1) A person that violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars for the first violation and one thousand dollars for each subsequent violation.


(2) A person that knowingly and wilfully violates the provisions of this section is guilty of a Class F felony and, upon conviction, must be imprisoned not more than five years and fined not more than one thousand dollars, or both.


(D) This section, in compliance with Public Law 108-159, Section 113 of Title 1, is effective:


(1) three years after its enactment as to a cash register or other machine or device that electronically prints receipts for credit card or debit card transactions and that is in use before January 1, 2005; or


(2) one year after its enactment for those machines and devices first put into use on or after January 1, 2005.


CREDIT(S)


HISTORY: 2008 Act No. 190, § 6, eff December 31, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-515


Effective: December 31, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 2. Personal Financial Security Act

§ 16-13-515. Repealed by 2008 Act No. 190, § 9, eff December 31, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-520


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 2. Personal Financial Security Act

§ 16-13-520. Venue.


In a criminal proceeding brought pursuant to this article, the crime is considered to have been committed in a county in which a part of the financial identity fraud took place, regardless of whether the defendant was ever actually in that county.


CREDIT(S)


HISTORY: 2000 Act No. 305, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-525


Effective: June 4, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 2. Personal Financial Security Act

§ 16-13-525. Financial identity fraud enabling unlawfully present alien to live or work in United States; penalties.


(A) In addition to the penalties provided for in this chapter, a person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable an alien who is unlawfully present in the United States to live or work in the United States, or to receive benefits administered by an agency or political subdivision of this State, must disgorge any benefit received or make restitution to the agency or political subdivision that administered the benefit or entitlement program, or both. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties.


(B) A person who suffers an ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of financial identity fraud or identity fraud involving a matter described in subsection (A), may bring an action individually, or in a representative capacity, to recover actual damages against any person convicted of the violation. If a court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing this action pursuant to this section reasonable attorney's fees and costs.


(C) A person convicted of a violation of this subsection is jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.


(D)(1) It is unlawful for a person to display, cause or permit to be displayed, or have in his possession a false, fictitious, fraudulent, or counterfeit identity document including, but not limited to, a driver's license or social security card for the purpose of offering proof of United States citizenship or classification by the United States as an alien lawfully admitted for temporary or permanent residence under federal immigration law.


(2) A person who violates the provisions of this section:


(a) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days; and


(b) for a second offense or subsequent offenses, is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years.


(E) A violation of the provisions of this section is considered a separate criminal offense and does not preclude prosecution for perjury pursuant to Section 16-9-10 in addition to prosecution pursuant to the provisions of this section.


(F) In enforcing the terms of this section, no state officer shall attempt to make an independent judgment of an alien's immigration status. State officials must verify any alien's status with the federal government in accordance with 8 USC Section 1373(c).


CREDIT(S)


HISTORY: 2008 Act No. 280, § 10, eff June 4, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-13-530


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 13. Forgery, Larceny, Embezzlement, False Pretenses and Cheats

Article 2. Personal Financial Security Act

§ 16-13-530. Exceptions from application of article.


Nothing in this article may be construed to apply to:


(1) the lawful acquisition and use of credit or other information in the course of a bona fide consumer or commercial transaction or in connection with an account by any financial institution or entity defined in or required to comply with the Federal Fair Credit Reporting Act, 15 U.S.C.A. Section 1681, or the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338;


(2) the lawful, good faith exercise of a security interest or a right to offset exercised by a creditor, agency, or financial institution; or


(3) the lawful, good faith compliance by a party when required by a warrant, levy, attachment, court order, or other judicial or administrative order, decree, or directive.


CREDIT(S)


HISTORY: 2000 Act No. 305, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-10. Definitions.


The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:


(1) “Automated banking device” means any machine which when properly activated by a financial transaction card or personal identification code may be used for any of the purposes for which a financial transaction card may be used.


(2) “Cardholder” means the person or organization named on the face of a financial transaction card to whom or for whose benefit the financial transaction card is issued by an issuer.


(3) “Expired financial transaction card” means a financial transaction card which is no longer valid because the term shown on it has elapsed.


(4) “Financial transaction card” or “FTC” means any instrument or device whether known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, or by any other name, issued with or without fee by an issuer for the use of the cardholder;


(a) in obtaining money, goods, services, or anything else of value on credit;


(b) in certifying or guaranteeing to a person or business the availability to the cardholder of funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such person or business;


(c) in providing the cardholder access to a demand deposit account or time deposit account for the purpose of:


1. making deposits of money or checks therein;


2. withdrawing funds in the form of money, money orders, or traveler's checks therefrom;


3. transferring funds from any demand deposit account or time deposit account to any other demand deposit account or time deposit account;


4. transferring funds from any demand deposit account or time deposit account to any credit card accounts, overdraft privilege accounts, loan accounts, or any other credit accounts in full or partial satisfaction of any outstanding balance owed existing therein;


5. for the purchase of goods, services or anything else of value;


6. obtaining information pertaining to any demand deposit account or time deposit account.


(5) “issuer” means the business organization or financial institution or its duly authorized agent which issues a financial transaction card.


(6) “Personal identification code” means a numeric or alphabetical code assigned to the cardholder of a financial transaction card by the issuer to permit authorized electronic use of that FTC.


(7) “Presenting” means those actions taken by a cardholder or any person to introduce a financial transaction card into an automated banking device, including utilization of a personal identification code, or merely displaying or showing a financial transaction card to the issuer, or to any person or organization providing money, goods, services, or anything else of value, or any other entity with intent to defraud.


(8) “Receives” or “receiving” means acquiring possession or control or accepting a financial transaction card as security for a loan.


(9) “Revoked financial transaction card” means a financial transaction card which is no longer valid because permission to use it has been suspended or terminated by the issuer.


(10) “Acquirer” means a business organization, financial institution, or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card for money, goods, services, or anything else of value.


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1; 1991 Act No. 126, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-20. Financial transaction card or number theft.


A person is guilty of financial transaction card theft when he:


(1) takes, obtains, or withholds a financial transaction card or number from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card or number with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;


(2) receives a financial transaction card or number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;


(3) is not the issuer, and sells a financial transaction card or number or buys a financial transaction card or number from a person other than the issuer;


(4) is not the issuer, and during any twelve-month period, receives financial transaction cards or numbers issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and Section 16-14-60(A)(3).


A person who commits financial transaction card or number theft is guilty of a felony and, upon conviction, must be sentenced as provided in Section 16-14-100(B).


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1; 1995 Act No. 7, Part I § 9; 2001 Act No. 81, § 5.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-30. Possession of two or more cards issued to other persons prima facie evidence of violation.


When a person has in his possession or under his control financial transaction cards issued in the names of two or more other persons other than members of his immediate family, such possession shall be prima facie evidence that such financial transaction cards have been obtained in violation of § 16-14-20(a).


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-40. Financial transaction card forgery.


(a) A person is guilty of financial transaction card forgery when:


(1) With intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, he falsely makes or falsely embosses a purported financial transaction card or utters such a financial transaction card;


(2) With intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, he falsely encodes, duplicates or alters existing encoded information on a financial transaction card or utters such a financial transaction card;


(3) He, not being the cardholder or a person authorized by him with intent to defraud the issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a financial transaction card.


(b) A person falsely makes a financial transaction card when he makes or draws, in whole or in part, a device or instrument which purports to be the financial transaction card of a named issuer but which is not such a financial transaction card because the issuer did not authorize the making or drawing, or alters a financial transaction card which was validly issued.


(c) A person falsely embosses a financial transaction card when, without authorization of the named issuer, he completes a financial transaction card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder.


(d) A person falsely encodes a financial transaction card when, without authorization of the purported issuer, he records magnetically, electronically, electro-magnetically or by other means, information on a financial transaction card which will permit acceptance of that card by any automated banking device.


(e) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than five years, or both.


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1; 1993 Act No. 184, §§ 95, 96; 1995 Act No. 7, Part I § 10.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-50. Possession of two or more cards falsely made or embossed prima facie evidence of violation.


(a) When a person, other than the purported issuer, possesses two or more financial transaction cards which are falsely made or falsely embossed, such possession shall be prima facie evidence that such cards were obtained in violation of § 16-14-40(a)(1) or § 16-14-40(a)(2).


(b) When a person, other than the cardholder or a person authorized by him possesses two or more financial transaction cards which are signed, such possession shall be prima facie evidence that such cards were obtained in violation of § 16-14-40(a)(3).


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-60. Financial transaction card fraud.


(a) A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he:


(1) uses for the purpose of obtaining money, goods, services, or anything else of value a financial transaction card obtained or retained, or which was received with knowledge that it was obtained or retained, in violation of Section 16-14-20 or 16-14-40 or a financial transaction card which he knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of Section 16-14-40(c);


(2) obtains money, goods, services, or anything else of value by:


a. representing without the consent of the specified cardholder that he has permission to use it;


b. presenting the financial transaction card without the authorization or permission of the cardholder;


c. representing that he is the holder of a card and the card has not in fact been issued;


d. using a financial transaction card to knowingly and wilfully exceed:


(i) the actual balance of a demand deposit account or time deposit account;


(ii) an authorized credit line in an amount which exceeds the authorized credit line by five hundred dollars or fifty percent of the authorized credit line, whichever is greater, if the cardholder has not paid to the issuer of the financial transaction card the total amount of the excess over the authorized credit line within ten days after notice to the cardholder by certified mail to the last known address that the credit line has been exceeded. Failure to pay the amount in excess of the authorized credit line after the notice is prima facie evidence of an intent to defraud;


(3) obtains control over a financial transaction card as security for debt;


(4) deposits into his account or any account, by means of an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document not his lawful or legal property;


(5) receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document having been deposited into an account by means of an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document deposited was false, fictitious, forged, altered, or counterfeit or that the above deposited item was not his lawful or legal property.


A person who violates the provisions of this subsection except subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, a person is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars or more than five thousand dollars or imprisoned not more than five years, or both.


A person who violates the provisions of subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.


(b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person is guilty of a financial transaction card fraud when, with intent to defraud the issuer or the cardholder, he:


(1) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Section 16-14-20, or a financial transaction card which he knows is forged, expired, or revoked;


(2) fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished.


A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, a person is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than five years, or both.


(c) A person is guilty of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, financial condition, assets, or liabilities; or wilfully and substantially overvalues any assets, or wilfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.


(d) A cardholder is guilty of financial transaction card fraud when he wilfully, knowingly, and with an intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, submits, verbally or in writing, to the issuer or any other person, any false notice or report of the theft, loss, disappearance, or nonreceipt of his financial transaction card. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.


(e) In any prosecution for violation of Section 16-14-60, the State is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this State or within one city, county, or local jurisdiction.


(f) For purposes of this section, revocation is construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card or personal identification code was issued. Notice of revocation is immediate when notice is given in person. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to the person at his last address known to the issuer, is prima facie evidence that the notice was duly received after seven days from the date of the deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice is presumed to have been received ten days after mailing by registered or certified mail.


(g)(1) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any employee of that person, who presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by that person or employee, violates this subsection and is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than five years, or both.


(2) A person without the acquirer's express authorization, employs, or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b).


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1; 1991 Act No. 126, § 2; 1993 Act No. 184, § 97; 1995 Act No. 7, Part I § 11.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-70


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-70. Criminal possession of financial transaction card forgery devices.


(A) A person is guilty of criminal possession of financial transaction card forgery devices when:


(1) he is a person other than the cardholder and possesses two or more incomplete financial transaction cards, with intent to complete them without the consent of the issuer;


(2) he possesses, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.


(B) A financial transaction card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, encoded, or written upon it.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than five years, or both.


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1; 1993 Act No. 184, § 98; 1995 Act No. 7, Part I § 12.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-80


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-80. Criminally receiving goods and services fraudulently obtained.


(A) It is unlawful for a person to receive money, goods, and services, or anything else of value fraudulently obtained in violation of Section 16-14-60(a) and with the knowledge or belief that the same were obtained in violation of Section 16-14-60(a).


(B) A person who violates the provisions of this section is guilty of a:


(1) misdemeanor under the jurisdiction of the magistrates or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon conviction, must be sentenced pursuant to Section 16-14-100(a) if the value of the money, goods, services, and anything else of value, is one thousand dollars or less in any six-month period;


(2) felony and, upon conviction, must be sentenced pursuant to Section 16-14-100(b) if the value of the money, goods, services, or anything of value is more than one thousand dollars in any six-month period.


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1; 1993 Act No. 184, § 177; 2010 Act No. 273, § 16.U, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-90


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-90. Presumption of knowledge that transportation ticket obtained at discount was fraudulently acquired.


It is permissible to infer that a person who obtains at a discount price a ticket issued by an airline, railroad, steamship, or other transportation company from other than an authorized agent of the company which was acquired in violation of § 16-14-60(a) without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess knew that the ticket was acquired under circumstances constituting a violation of § 16-14-60(a).


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1; 1987 Act No. 95 § 6.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-14-100


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 14. Financial Transaction Card Crime Act

§ 16-14-100. Penalties for violation of Financial Transaction Card Crime Act.


(a) A crime punishable under this subsection is a misdemeanor under the jurisdiction of the magistrates or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon conviction, the person must be fined not more than two thousand dollars or imprisoned not more than one year, or both.


(b) A crime punishable under this subsection is a felony and, upon conviction, the person must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than five years, or both.


CREDIT(S)


HISTORY: 1980 Act No. 427, § 1; 1993 Act No. 184, § 178; 2010 Act No. 273, § 16.V, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-10. Bigamy.


Any person who is married who shall marry another person shall, unless:


(1) His or her husband or wife has remained continually for seven years beyond the sea or continually absented himself or herself from such person for the space of seven years together, such person not knowing his or her wife or husband to be living within that time;


(2) He or she was married before the age of consent;


(3) His or her wife or husband is under sentence of imprisonment for life; or


(4) His or her marriage has been annulled or he or she has been divorced by decree of a competent tribunal having jurisdiction both of the cause and the parties;


On conviction, be punished by imprisonment in the Penitentiary for not more than five years nor less than six months or by imprisonment in the jail for six months and by a fine of not less than five hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-401; 1952 Code § 16-401; 1942 Code § 1434; 1932 Code § 1434; Cr. C. '22 § 374; Cr. C. '12 § 381; Cr. C. '02 § 289; G. S. 2587; R. S. 250; 1712 (2) 508; 1874 (15) 603.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-20. Incest.


Any persons who shall have carnal intercourse with each other within the following degrees of relationship, to wit:


(1) A man with his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister or mother's sister; or


(2) A woman with her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother or mother's brother;


Shall be guilty of incest and shall be punished by a fine of not less than five hundred dollars or imprisonment not less than one year in the Penitentiary, or both such fine and imprisonment.


CREDIT(S)


HISTORY: 1962 Code § 16-402; 1952 Code § 16-402; 1942 Code § 1440; 1932 Code § 1440; Cr. C. '22 § 381; Cr. C. '12 § 388; Cr. C. '02 § 295; R. S. 258; 1884 (19) 801.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-50. Seduction under promise of marriage.


A male over the age of sixteen years who by means of deception and promise of marriage seduces an unmarried woman in this State is guilty of a misdemeanor and, upon conviction, must be fined at the discretion of the court or imprisoned not more than one year. There must not be a conviction under this section on the uncorroborated testimony of the woman upon whom the seduction is charged, and no conviction if at trial it is proved that the woman was at the time of the alleged offense lewd and unchaste. If the defendant in any action brought under this section contracts marriage with the woman, either before or after the conviction, further proceedings of this section are stayed.


CREDIT(S)


HISTORY: 1962 Code § 16-405; 1952 Code § 16-405; 1942 Code § 1441; 1932 Code § 1441; Cr. C. '22 § 382; Cr. C. '12 § 389; 1905 (24) 937; 1993 Act No. 184, § 179.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-60. Adultery or fornication.


Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-406; 1952 Code § 16-406; 1942 Code § 1435; 1932 Code § 1435; Cr. C. '22 § 375; Cr. C. '12 § 382; Cr. C. '02 § 290; G. S. 2588; R. S. 251; 1880 (17) 328.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-70


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-70. “Adultery” defined.


“Adultery” is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person.


CREDIT(S)


HISTORY: 1962 Code § 16-407; 1952 Code § 16-407; 1942 Code § 1436; 1932 Code § 1436; Cr. C. '22 § 376; Cr. C. '12 § 383; Cr. C. '02 § 291; G. S. 2589; R. S. 252; 1880 (17) 328.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-80


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-80. “Fornication” defined.


“Fornication” is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman, both being unmarried.


CREDIT(S)


HISTORY: 1962 Code § 16-408; 1952 Code § 16-408; 1942 Code § 1437; 1932 Code § 1437; Cr. C. '22 § 277; Cr. C. '12 § 384; Cr. C. '02 § 292; G. S. 2590; R. S. 253; 1880 (17) 328.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-90


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-90. Prostitution; lewdness, assignation and prostitution generally.


It shall be unlawful to:


(1) Engage in prostitution;


(2) Aid or abet prostitution knowingly;


(3) Procure or solicit for the purpose of prostitution;


(4) Expose indecently the private person for the purpose of prostitution or other indecency;


(5) Reside in, enter or remain in any place, structure, building, vehicle, trailer or conveyance for the purpose of lewdness, assignation or prostitution;


(6) Keep or set up a house of ill fame, brothel or bawdyhouse;


(7) Receive any person for purposes of lewdness, assignation or prostitution into any vehicle, conveyance, trailer, place, structure or building;


(8) Permit any person to remain for the purpose of lewdness, assignation or prostitution in any vehicle, conveyance, trailer, place, structure or building;


(9) Direct, take or transport, offer or agree to take or transport or aid or assist in transporting any person to any vehicle, conveyance, trailer, place, structure or building or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation;


(10) Lease or rent or contract to lease or rent any vehicle, conveyance, trailer, place, structure or building or part thereof believing or having reasonable cause to believe that it is intended to be used for any of the purposes herein prohibited; or


(11) Aid, abet, or participate knowingly in the doing of any of the acts herein prohibited.


CREDIT(S)


HISTORY: 1962 Code § 16-409; 1952 Code § 16-409; 1942 (42) 1734.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-100


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-100. Prostitution; further unlawful acts.


It shall further be unlawful to:


(1) Procure a female inmate for a house of prostitution;


(2) Cause, induce, persuade or encourage by promise, threat, violence or by any scheme or device a female to become a prostitute or to remain an inmate of a house of prostitution;


(3) Induce, persuade or encourage a female to come into or leave this State for the purpose of prostitution or to become an inmate in a house of prostitution;


(4) Receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any female to become a prostitute or an inmate in a house of prostitution;


(5) Accept or receive knowingly any money or other thing of value without consideration from a prostitute; or


(6) Aid, abet or participate knowingly in the doing of any of the acts herein prohibited.


CREDIT(S)


HISTORY: 1962 Code § 16-410; 1952 Code § 16-410; 1942 (42) 1734.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-110


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-110. Prostitution; violations.


Any person violating any provision of §§ 16-15-90 and 16-15-100 must, upon conviction, be punished as follows:


(1) for the first offense, a fine not exceeding two hundred dollars or confinement in prison for a period of not more than thirty days;


(2) for the second offense, a fine not exceeding one thousand dollars or imprisonment for not exceeding six months, or both;


(3) for the third or any subsequent offense, a fine not exceeding three thousand dollars or imprisonment for not less than one year, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-411; 1952 Code § 16-411; 1942 (42) 1734; 1979 Act No. 74; 1986 Act No. 534.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-120


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-120. Buggery.


Whoever shall commit the abominable crime of buggery, whether with mankind or with beast, shall, on conviction, be guilty of felony and shall be imprisoned in the Penitentiary for five years or shall pay a fine of not less than five hundred dollars, or both, at the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-412; 1952 Code § 16-412; 1942 Code § 1439; 1932 Code § 1439; Cr. C. '22 § 380; Cr. C. '12 § 387; Cr. C. '02 § 294; G. S. 2591; R. S. 254; 25 H. 8, c. 1 (2) 465.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-130


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-130. Indecent exposure; breastfeeding.


(A)(1) It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.


(2) This subsection does not apply to a woman who breastfeeds her own child in a public place, on property of others, to the view of any person on a street or highway, or any other place where a woman and her child are authorized to be.


(B) A person who violates the provisions of subsection (A)(1) is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-413; 1952 Code § 16-413; 1942 Code § 1442; 1932 Code § 1442; Cr. C. '22 § 383; Cr. C. '12 § 390; 1906 (25) 84; 1965 (54) 577; 1993 Act No. 184, § 180; 2006 Act No. 269, § 2, eff May 2, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-140


Effective: June 18, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-140. Repealed by 2012 Act No. 255, § 14, eff June 18, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-250


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-250. Communicating obscene messages to other persons without consent.


It is unlawful for a person to anonymously write, print, telephone, transmit a digital electronic file, or by other manner or means communicate, send, or deliver to another person within this State, without that person's consent, any obscene, profane, indecent, vulgar, suggestive, or immoral message.


A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-552; 1952 Code § 16-552; 1943 (43) 26; 1967 (55) 626; 1993 Act No. 184, § 181; 2001 Act No. 81, § 6.



Current through End of 2012 Reg. Sess.



Code 1976 T. 16, Ch. 15, Art. 3, Refs & Annos


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-305


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-305. Disseminating, procuring or promoting obscenity unlawful; definitions; penalties; obscene material designated contraband.


(A) It is unlawful for any person knowingly to disseminate obscenity. A person disseminates obscenity within the meaning of this article if he:


(1) sells, delivers, or provides or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, digital electronic file, or other representation or description of the obscene;


(2) presents or directs an obscene play, dance, or other performance, or participates directly in that portion thereof which makes it obscene;


(3) publishes, exhibits, or otherwise makes available anything obscene to any group or individual; or


(4) exhibits, presents, rents, sells, delivers, or provides; or offers or agrees to exhibit, present, rent, or to provide: any motion picture, film, filmstrip, or projection slide, or sound recording, sound tape, or sound track, video tapes and recordings, or any matter or material of whatever form which is a representation, description, performance, or publication of the obscene.


(B) For purposes of this article any material is obscene if:


(1) to the average person applying contemporary community standards, the material depicts or describes in a patently offensive way sexual conduct specifically defined by subsection (C) of this section;


(2) the average person applying contemporary community standards relating to the depiction or description of sexual conduct would find that the material taken as a whole appeals to the prurient interest in sex;


(3) to a reasonable person, the material taken as a whole lacks serious literary, artistic, political, or scientific value; and


(4) the material as used is not otherwise protected or privileged under the Constitutions of the United States or of this State.


(C) As used in this article:


(1) “sexual conduct” means:


(a) vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted, whether between human beings, animals, or a combination thereof;


(b) masturbation, excretory functions, or lewd exhibition, actual or simulated, of the genitals, pubic hair, anus, vulva, or female breast nipples including male or female genitals in a state of sexual stimulation or arousal or covered male genitals in a discernably turgid state;


(c) an act or condition that depicts actual or simulated bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;


(d) an act or condition that depicts actual or simulated touching, caressing, or fondling of, or other similar physical contact with, the covered or exposed genitals, pubic or anal regions, or female breast nipple, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of actual or apparent sexual stimulation or gratification; or


(e) an act or condition that depicts the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.


(2) “patently offensive” means obviously and clearly disagreeable, objectionable, repugnant, displeasing, distasteful, or obnoxious to contemporary standards of decency and propriety within the community.


(3) “prurient interest” means a shameful or morbid interest in nudity, sex, or excretion and is reflective of an arousal of lewd and lascivious desires and thoughts.


(4) “person” means any individual, corporation, partnership, association, firm, club, or other legal or commercial entity.


(5) “knowingly” means having general knowledge of the content of the subject material or performance, or failing after reasonable opportunity to exercise reasonable inspection which would have disclosed the character of the material or performance.


(D) Obscenity must be judged with reference to ordinary adults except that it must be judged with reference to children or other especially susceptible audiences or clearly defined deviant sexual groups if it appears from the character of the material or the circumstances of its dissemination to be especially for or directed to children or such audiences or groups.


(E) As used in this article, “community standards” used in determining prurient appeal and patent offensiveness are the standards of the area from which the jury is drawn.


(F) It is unlawful for any person knowingly to create, buy, procure, or process obscene material with the purpose and intent of disseminating it.


(G) It is unlawful for a person to advertise or otherwise promote the sale of material represented or held out by them as obscene.


(H) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.


(I) Obscene material disseminated, procured, or promoted in violation of this section is contraband and may be seized by appropriate law enforcement authorities.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 1995 Act No. 7, Part I § 13; 2001 Act No. 81, § 7.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-315


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-315. Condition on certain sales for resale or on franchising rights that obscene material be received for resale prohibited; penalties.


No person shall, as a condition to any sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication, digital electronic file require that the purchaser or consignee receive for resale any other article, book, publication, or digital electronic file which is obscene within the meaning of Section 16-15-305 nor shall any person deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept the articles, books, publications, or digital electronic files, or by reason of the return thereof. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3, eff October 1, 1987; 2001 Act No. 81, § 8.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-325


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-325. Participation in preparation of obscene material prohibited; penalties.


Any individual who knowingly:


(a) photographs himself or any other individual or animal for purposes of preparing an obscene film, photograph, negative, slide, videotapes, motion picture, or digital electronic files for the purpose of dissemination; or


(b) models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide, videotapes, motion picture, or digital electronic files for the purpose of dissemination is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year and fined not more than one thousand dollars.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 2001 Act No. 81, § 9.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-335


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-335. Permitting minor to engage in any act constituting violation of this article prohibited; penalties.


An individual eighteen years of age or older who, in any manner, knowingly hires, employs, uses, or permits a person under the age of eighteen years to do or assist in doing an act or thing constituting an offense pursuant to this article and involving any material, act, or thing he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 2004 Act No. 208, § 3, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-342


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-342. Criminal solicitation of a minor; defenses; penalties.


(A) A person eighteen years of age or older commits the offense of criminal solicitation of a minor if he knowingly contacts or communicates with, or attempts to contact or communicate with, a person who is under the age of eighteen, or a person reasonably believed to be under the age of eighteen, for the purpose of or with the intent of persuading, inducing, enticing, or coercing the person to engage or participate in a sexual activity as defined in Section 16-15-375(5) or a violent crime as defined in Section 16-1-60, or with the intent to perform a sexual activity in the presence of the person under the age of eighteen, or person reasonably believed to be under the age of eighteen.


(B) Consent is a defense to a prosecution pursuant to this section if the person under the age of eighteen, or the person reasonably believed to be under the age of eighteen, is at least sixteen years old.


(C) Consent is not a defense to a prosecution pursuant to this section if the person under the age of eighteen, or the person reasonably believed to be under the age of eighteen, is under the age of sixteen.


(D) It is not a defense to a prosecution pursuant to this section, on the basis of consent or otherwise, that the person reasonably believed to be under the age of eighteen is a law enforcement agent or officer acting in an official capacity.


(E) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than ten years, or both.


CREDIT(S)


HISTORY: 2004 Act No. 208, § 4, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-345


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-345. Disseminating obscene material to person under age eighteen prohibited; penalties.


An individual eighteen years of age or older who knowingly disseminates to a person under the age of eighteen years material which he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 2004 Act No. 208, § 5, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-355


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-355. Disseminating obscene material to minor twelve years of age or younger prohibited; penalties.


An individual eighteen years of age or older who knowingly disseminates to a minor twelve years of age or younger material which he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 2004 Act No. 208, § 6, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-365


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-365. Exposure of private parts in lewd and lascivious manner, aiding or procuring person to perform such act, or permitting use of premises for such act prohibited; penalties.


Any person who wilfully and knowingly exposes the private parts of his person in a lewd and lascivious manner and in the presence of any other person, or aids or abets any such act, or who procures another to perform such act, or any person, who as owner, manager, lessee, director, promoter, or agent, or in any other capacity knowingly hires, leases, or permits the land, building, or premises of which he is owner, lessee, or tenant, or over which he has control, to be used for purposes of any such act, is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not more than five hundred dollars, or both.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-375


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-375. Definitions applicable to §§ 16-15-385 through 16-15-425.


The following definitions apply to Section 16-15-385, disseminating or exhibiting to minors harmful material or performances; Section 16-15-387, employing a person under the age of eighteen years to appear in a state of sexually explicit nudity in a public place; Section 16-15-395, first degree sexual exploitation of a minor; Section 16-15-405, second degree sexual exploitation of a minor; Section 16-15-410, third degree sexual exploitation of a minor; Section 16-15-415, promoting prostitution of a minor; and Section 16-15-425, participating in prostitution of a minor.


(1) “Harmful to minors” means that quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:


(a) the average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and


(b) the average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and


(c) to a reasonable person, the material or performance taken as a whole lacks serious literary, artistic, political, or scientific value for minors.


(2) “Material” means pictures, drawings, video recordings, films, digital electronic files, or other visual depictions or representations but not material consisting entirely of written words.


(3) “Minor” means an individual who is less than eighteen years old.


(4) “Prostitution” means engaging or offering to engage in sexual activity with or for another in exchange for anything of value.


(5) “Sexual activity” includes any of the following acts or simulations thereof:


(a) masturbation, whether done alone or with another human or animal;


(b) vaginal, anal, or oral intercourse, whether done with another human or an animal;


(c) touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female;


(d) an act or condition that depicts bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;


(e) excretory functions;


(f) the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.


(6) “Sexually explicit nudity” means the showing of:


(a) uncovered, or less than opaquely covered human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast; or


(b) covered human male genitals in a discernibly turgid state.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 1991 Act No. 73, § 2; 1994 Act No. 421, § 2; 2001 Act No. 81, § 10.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-385


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-385. Disseminating harmful material to minors and exhibiting harmful performance to minor defined; defenses; penalties.


(A) A person commits the offense of disseminating harmful material to minors if, knowing the character or content of the material, he:


(1) sells, furnishes, presents, or distributes to a minor material that is harmful to minors; or


(2) allows a minor to review or peruse material that is harmful to minors.


A person does not commit an offense under this subsection when he employs a minor to work in a theater if the minor's parent or guardian consents to the employment and if the minor is not allowed in the viewing area when material harmful to minors is shown.


(B) A person commits the offense of exhibiting a harmful performance to a minor if, with or without consideration and knowing the character or content of the performance, he allows a minor to view a live performance which is harmful to minors.


(C) Except as provided in item (3) of this subsection, mistake of age is not a defense to a prosecution under this section. It is an affirmative defense under this section that:


(1) the defendant was a parent or legal guardian of a minor, but this item does not apply when the parent or legal guardian exhibits or disseminates the harmful material for the sexual gratification of the parent, guardian, or minor.


(2) the defendant was a school, church, museum, public, school, college, or university library, government agency, medical clinic, or hospital carrying out its legitimate function, or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment.


(3) before disseminating or exhibiting the harmful material or performance, the defendant requested and received a driver's license, student identification card, or other official governmental or educational identification card or paper indicating that the minor to whom the material or performance was disseminated or exhibited was at least eighteen years old, and the defendant reasonably believed the minor was at least eighteen years old.


(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five thousand dollars, or both.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 1990 Act No. 358, §§ 1, 2; 1993 Act No. 184, § 34; 2004 Act No. 208, § 7, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-387


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-387. Employment of person under eighteen to appear in public in state of sexually explicit nudity; mistake of age; penalties.


(A) It is unlawful for a person to employ a person under the age of eighteen years to appear in a state of sexually explicit nudity, as defined in Section 16-15-375(6), in a public place.


(B) Mistake of age is not a defense to a prosecution pursuant to this section. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five thousand dollars, or both.


CREDIT(S)


HISTORY: 1994 Act No. 421, § 1; 2004 Act No. 208, § 8, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-395


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-395. First degree sexual exploitation of a minor defined; presumptions; defenses; penalties.


(A) An individual commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he:


(1) uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity;


(2) permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity;


(3) transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or


(4) records, photographs, films, develops, duplicates, produces, or creates a digital electronic file for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.


(B) In a prosecution under this section, the trier of fact may infer that a participant in a sexual activity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.


(C) Mistake of age is not a defense to a prosecution under this section.


(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than three years nor more than twenty years. No part of the minimum sentence of imprisonment may be suspended nor is the individual convicted eligible for parole until he has served the minimum term of imprisonment. Sentences imposed pursuant to this section must run consecutively with and commence at the expiration of another sentence being served by the person sentenced.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 2001 Act No. 81, § 11; 2004 Act No. 208, § 9, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-405


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-405. Second degree sexual exploitation of a minor defined; presumptions; defenses; penalties.


(A) An individual commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he:


(1) records, photographs, films, develops, duplicates, produces, or creates digital electronic file material that contains a visual representation of a minor engaged in sexual activity; or


(2) distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.


(B) In a prosecution under this section, the trier of fact may infer that a participant in sexual activity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.


(C) Mistake of age is not a defense to a prosecution under this section.


(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than ten years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 1993 Act No. 184, § 182; 2001 Act No. 81, § 12; 2004 Act No. 208, § 10, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-410


Effective: May 14, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-410. Third degree sexual exploitation of a minor defined; penalties; exception.


(A) An individual commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in sexual activity.


(B) In a prosecution pursuant to this section, the trier of fact may infer that a participant in sexual activity depicted as a minor through its title, text, visual representation, or otherwise is a minor.


(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years.


(D) This section does not apply to an employee of a law enforcement agency, including the State Law Enforcement Division, a prosecuting agency, including the South Carolina Attorney General's Office, or the South Carolina Department of Corrections who, while acting within the employee's official capacity in the course of an investigation or criminal proceeding, is in possession of material that contains a visual representation of a minor engaging in sexual activity.


CREDIT(S)


HISTORY: 1991 Act No. 73, § 1, eff May 22, 1991; 2004 Act No. 208, § 11, eff April 26, 2004; 2008 Act No. 226, § 1, eff May 14, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-415


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-415. Promoting prostitution of a minor defined; defenses; penalties.


(A) An individual commits the offense of promoting prostitution of a minor if he knowingly:


(1) entices, forces, encourages, or otherwise facilitates a minor to participate in prostitution; or


(2) supervises, supports, advises, or promotes the prostitution of or by a minor.


(B) Mistake of age is not a defense to a prosecution under this section.


(C) An individual who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than three years nor more than twenty years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence. Sentences imposed pursuant to this section must run consecutively with and must commence at the expiration of another sentence being served by the individual sentenced.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 2004 Act No. 208, § 12, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-425


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-425. Participating in prostitution of a minor defined; defenses; penalties.


(A) An individual commits the offense of participating in the prostitution of a minor if he is not a minor and he patronizes a minor prostitute. As used in this section, “patronizing a minor prostitute” means:


(1) soliciting or requesting a minor to participate in prostitution;


(2) paying or agreeing to pay a minor, either directly or through the minor's agent, to participate in prostitution; or


(3) paying a minor, or the minor's agent, for having participated in prostitution, pursuant to a prior agreement.


(B) Mistake of age is not a defense to a prosecution under this section.


(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than five years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum term. Sentences imposed pursuant to this section shall run consecutively with and shall commence at the expiration of any other sentence being served by the individual sentenced.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 1993 Act No. 184, § 183.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-435


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-435. Circuit solicitor to request search and arrest warrants for violations of §§ 16-15-305 through 16-15-325; hearing on obscenity issue.


(A) A search warrant or arrest warrant for a violation of §§ 16-15-305, 16-15-315, or 16-15-325 may be issued only upon request of a circuit solicitor.


(B) Following seizure of allegedly obscene property pursuant to a warrant requested by a solicitor, and issued by a neutral and detached magistrate based on supporting affidavits, any interested party may request and the court having appropriate jurisdiction must promptly conduct an adversarial hearing for the purpose of obtaining a judicial determination, based on a preponderance of the evidence, of the obscenity issue.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-445


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 3. Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution (Refs & Annos)

§ 16-15-445. Seizure and forfeiture of equipment used in committing violation; hearing; disposition of forfeited property; allocation of sale proceeds.


(A) All equipment used directly by a person in committing a violation of Sections 16-15-305, 16-15-342, 16-15-395, 16-15-405, or 16-15-410, including necessary software, may be seized by the law enforcement agency making the arrest and ordered forfeited by the court in which the conviction was obtained.


(B) Prior to entering a forfeiture order, the court must conduct a hearing to determine ownership and the rights of innocent third parties with respect to the property, and notice of the hearing must be given to all interested parties. The court must incorporate into its forfeiture order provisions necessary to protect the interests of innocent third parties.


(C) Subject to the limitations of subsection (B), property forfeited pursuant to court order must be destroyed by the arresting law enforcement agency, unless that law enforcement agency can show good cause for retaining the property. Ownership of property so retained vests in the arresting law enforcement agency which may use the property in the performance of its duties, destroy it, or sell it at public auction. Retained property may be sold at public auction after giving notice, in a newspaper of general circulation in the county, of the date, time, and place of the auction and a description of the property to be auctioned. After payment of the expenses of the auction, one-half of the net proceeds may be retained by the arresting law enforcement agency, and one-half must be remitted to the State Treasurer for deposit to the credit of the Victim's Compensation Fund.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 3; 2004 Act No. 208, § 13, eff April 26, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-16-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 16. Computer Crime Act

§ 16-16-10. Definitions.


For purposes of this chapter:


(a) “Computer” means a device that performs logical, arithmetic, and memory functions by manipulating impulses including, but not limited to, all input, output, processing, storage, computer software, and communication facilities that are connected or related to a computer in a computer system or computer network. For the purposes of this section, “computer” includes, but is not limited to, mainframes, servers, workstations, desktops, and notebooks; industrial controls such as programmable logic controllers and supervisory control and data acquisition systems; portable hand-held computing devices such as personal digital assistants and digital cellular telephones; data communications network devices such as routers and switches; and all other devices that are computer-based or communicate with or are under the control of a computer such as appropriate telephone switches, medical devices, and cable and satellite television interface systems. “Computer” does not include automated typewriters or typesetters.


(b) “Computer network” means the interconnection of two or more computers, and those devices and facilities through which an interconnection occurs.


(c) “Computer program” means a series of instructions or statements executable on a computer, which direct the computer system in a manner to process data or perform other specified functions.


(d) “Computer software” means a set of computer programs, data, procedures, or associated documentation concerned with the operation of a computer system.


(e) “Computer system” means a set of related, whether connected or unconnected, computer equipment, devices, or software.


(f) “Property” includes, but is not limited to, financial instruments, data, documents associated with computer systems, and computer software, or copies thereof, whether tangible or intangible, including both human and computer system readable data, and data while in transit.


(g) “Services” include, but are not limited to, the use of the computer system, computer network, computer programs, or data prepared for computer use, or data obtained within a computer system, or data contained within a computer network.


(h) “Data” means a representation of information, knowledge, facts, concepts, or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed, or is intended to be processed in a computer, computer system, or computer network. Data may be in any form including, but not limited to, computer printouts, magnetic storage media, optical storage media, network data packets, flash memory cards, smart card memory, punched cards, or as stored in the memory of the computer or in transit or displayed on a video device.


(i) “Access” means to gain entry to, attempt to gain entry to, instruct, communicate with, attempt to communicate with, store or alter data in, retrieve or remove data from, or otherwise make use of or attempt to make use of the logical, arithmetic, control, memory, storage, output, or communication functions of a computer, computer system, or computer network.


(j) “Computer hacking” means:


(1) accessing or attempting to access all or part of a computer, computer system, or a computer network without express or implied authorization for the purpose of establishing contact only;


(2) with the intent to defraud or with malicious intent to commit a crime after the contact is established;


(3) misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the appropriate principal of the computer, computer system, or computer network. Misuse of computer and network services includes, but is not limited to, the unauthorized use of:


(i) mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;


(ii) file transfer program proxy services or proxy servers to access other computers, computer systems, or computer networks; and


(iii) web servers to redirect users to other web pages or web servers;


(4) using a group of computer programs commonly known as “port scanners” or “probes” to intentionally access any computer, computer system, or computer network without the permission of the appropriate principal of the computer, computer system, or computer network. This group of computer programs includes, but is not limited to, those computer programs that use a computer network to access a computer, computer system, or another computer network to determine:


(i) the presence or types of computers or computer systems on a network;


(ii) the computer network's facilities and capabilities;


(iii) the availability of computer or network services;


(iv) the presence or versions of computer software including, but not limited to, operating systems, computer services, or computer contaminants;


(v) the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or


(vi) any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access.


This group of computer programs does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network including, but not limited to, operating system services such as domain name services and mail transfer services, network monitoring and management computer software such as the computer programs commonly called “ping”, “tcpdump”, and “ traceroute”, and systems administration computer software such as the computer programs commonly known as “nslookup” and “whois”. It is unlawful to intentionally and knowingly use such computer software to access any computer, computer system, or computer network to adversely affect computer or network access or performance; and


(5) the intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the appropriate principal of the computer, computer system, or computer network.


Computer hacking does not include the introduction of a computer contaminant into a computer, computer system, computer program, or computer network.


(k) “Computer contaminant” means a computer program designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the express or implied consent of the owner. Computer contaminant includes, but is not limited to:


(1) a group of computer programs commonly known as “viruses” and “worms” that are self-replicating or self-propagating, and that are designed to contaminate other computer programs, compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;


(2) a group of computer programs commonly known as “Trojans” or “Trojan horses” that are not self-replicating or self-propagating, and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;


(3) a group of computer programs commonly known as “zombies” that are designed to use a computer without the knowledge and consent of the appropriate principal, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer's or network's performance, or denying access through the network to the targeted computer or network, resulting in what is commonly know as “Denial of Service” or “Distributed Denial of Service” attacks; or


(4) a group of computer programs commonly know as “trap doors”, “back doors”, or “root kits” that are designed to bypass standard authentication software, and that are designed to allow access to or use of a computer without the knowledge or consent of the appropriate principal.


(l) “Unauthorized access” means access of a computer, computer system, or computer network not explicitly or implicitly authorized by the appropriate principal of the computer, computer system, or computer network.


(m) “Unauthorized use” means the:


(i) use of a computer, computer system, or computer network not explicitly or implicitly authorized by the appropriate principal of the computer, computer system, or computer network;


(ii) the use of computer software not explicitly or implicitly authorized by the appropriate principal or licensee of the computer software; or


(iii) the authorized use of a computer, computer system, computer network, or computer software in a manner not explicitly or implicitly authorized by the appropriate principal or licensee.


CREDIT(S)


HISTORY: 1984 Act No. 442, § 2; 2002 Act No. 169, § 2, eff February 8, 2002; 2002 Act No. 339, § 9, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-16-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 16. Computer Crime Act

§ 16-16-20. Computer crime offenses; penalties.


(1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to:


(a) directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:


(i) devising or executing a scheme or artifice to defraud;


(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or


(iii) committing any other crime.


(b) alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in that computer, computer system, computer program, or computer network or introduce a computer contaminant into that computer, computer system, computer program, or computer network.


(2) A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim exceeds ten thousand dollars. Computer crime in the first degree is a felony and, upon conviction, a person must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.


(3)(a) A person is guilty of computer crime in the second degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is greater than one thousand dollars but not more than ten thousand dollars.


(b) A person is also guilty of computer crime in the second degree where:


(i) he interferes with, causes to be interfered with, denies or causes to be denied any computer or network service to an authorized user of the computer or network service for the purpose of devising or executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;


(ii) he deprives the owner of possession of, or takes, transfers, conceals, or retains possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or


(iii) the gain derived from the offense made unlawful by subsection (1) or loss suffered by the victim cannot reasonably be ascertained.


(c) Computer crime in the second degree is a misdemeanor and, upon conviction for a first offense, a person must be fined not more than ten thousand dollars or imprisoned not more than one year, or both. Upon conviction for a second or subsequent offense, a person is guilty of a misdemeanor and must be fined not more than twenty thousand dollars or imprisoned not more than two years, or both.


(4) A person is guilty of computer crime in the third degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is not more than one thousand dollars. A person is also guilty of computer crime in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two thousand dollars or imprisoned not more than two years, or both.


(5) Each computer, computer system, or computer network affected by the violation of this chapter constitutes a separate violation.


CREDIT(S)


HISTORY: 1984 Act No. 442, § 2; 1993 Act No. 184, § 184; 2001 Act No. 81, § 2; 2002 Act No. 169, § 3, eff February 8, 2002; 2002 Act No. 339, § 10, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-16-25


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 16. Computer Crime Act

§ 16-16-25. Compensatory damages and restitution.


In addition to other civil remedies available, the owner or lessee of a computer, computer system, computer network, computer program, or data may bring a civil action against a person convicted under this chapter for compensatory damages, restitution, and attorney's fees. Compensatory damages and restitution may include:


(1) expenditures reasonably and necessarily incurred by the owner or lessee to verify whether a computer system, computer network, computer program, or data was altered, damaged, or deleted by the access;


(2) costs of repairing or, if necessary, replacing the affected computer, computer system, computer network, computer software, computer program, or data;


(3) lost profits for the period that the computer, computer system, computer network, computer software, computer program, or data was unusable; and


(4) costs of replacing or restoring the data lost or damaged as a result of a violation of this chapter.


CREDIT(S)


HISTORY: 2002 Act No. 169, § 4, eff February 8, 2002; 2002 Act No. 339, § 11, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-16-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 16. Computer Crime Act

§ 16-16-30. Venue.


For the purpose of venue under this chapter, a violation of this chapter is considered to have been committed in the county in which the violation took place; however, upon proper motion and the proper showing before a judge, venue may be transferred if justice would be better served by the transfer, to one of the following:


(1) a county in which an act was performed in furtherance of a transaction which violated this chapter;


(2) the county of the principal place of business in this State of the owner or lessee of a computer, computer system, computer network, or any part of it, which has been subject to the violation; or


(3) a county in which a violator had control or possession of proceeds of the violation or of books, records, documents, property, financial instruments, computer software, computer programs, or other materials or objects which were used in the furtherance of the violation.


CREDIT(S)


HISTORY: 1984 Act No. 442, § 2; 2002 Act No. 169, § 5, eff February 8, 2002; 2002 Act No. 339, § 12, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-16-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 16. Computer Crime Act

§ 16-16-40. Applicability of other criminal law provisions.


The provisions of this chapter must not be construed to preclude the applicability of any other provision of the criminal law of this State, which presently applies or may in the future apply, to any transaction which violates this chapter.


CREDIT(S)


HISTORY: 1984 Act No. 442, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 1. Barratry

§ 16-17-10. Barratry prohibited.


Any person who shall:


(1) Wilfully solicit or incite another to bring, prosecute or maintain an action, at law or in equity, in any court having jurisdiction within this State and


(a) thereby seeks to obtain employment for himself or for another to prosecute or defend such action,


(b) has no direct and substantial interest in the relief thereby sought,


(c) does so with intent to distress or harass any party to such action,


(d) directly or indirectly pays or promises to pay any money or other thing of value to, or the obligations of, any party to such an action or


(e) directly or indirectly pays or promises to pay any money or other thing of value to any other person to bring about the prosecution or maintenance of such an action; or


(2) Wilfully bring, prosecute or maintain an action, at law or in equity, in any court having jurisdiction within this State and


(a) has no direct or substantial interest in the relief thereby sought,


(b) thereby seeks to defraud or mislead the court,


(c) brings such action with intent to distress or harass any party thereto or


(d) directly or indirectly receives any money or other thing of value to induce the bringing of such action;


Shall be guilty of the crime of barratry.


The crime of barratry shall be punishable by a fine of not more than five thousand dollars or by imprisonment of not more than two years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-521; 1957 (50) 23.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 1. Barratry

§ 16-17-20. Persons convicted of barratry shall be barred from practice of law.


Any person convicted of barratry shall be forever barred from practicing law in this State.


CREDIT(S)


HISTORY: 1962 Code § 16-522; 1957 (50) 23.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 1. Barratry

§ 16-17-30. Liability of corporations and unincorporated associations.


As used in § 16-17-10 the term “person” shall include corporations and unincorporated associations, and the statutes and laws of this State pertaining to criminal liability and enforcement thereof against corporations shall apply to any unincorporated association convicted of barratry.


CREDIT(S)


HISTORY: 1962 Code § 16-523; 1957 (50) 23.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 1. Barratry

§ 16-17-40. Corporations or unincorporated associations convicted of barratry shall be barred from doing business in State.


Any corporation or unincorporated association found guilty of the crime of barratry shall be forever barred from doing any business or carrying on any activity within this State, and in the case of a corporation its charter or certificate of domestication shall be summarily revoked by the Secretary of State.


CREDIT(S)


HISTORY: 1962 Code § 16-524; 1957 (50) 23.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 1. Barratry

§ 16-17-50. Article is cumulative.


The provisions of this article are cumulative and shall not be construed as repealing any existing statute or the common law of this State with respect to the subject matter of any of the provisions hereof.


CREDIT(S)


HISTORY: 1962 Code § 16-525; 1957 (50) 23.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-210


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 3. Desecration or Mutilation of Flags

§ 16-17-210. Definitions.


The words “flag, standard, color or ensign,” as used in §§ 16-17-220 and 16-17-230, shall include any flag, standard, color or ensign or any picture or representation made of any substance or represented on any substance and of any size, evidently purporting to be of the flag, standard, color or ensign of the United States, the Confederate States of America or this State, or a picture or representation upon which shall be shown the colors, the stars and the stripes, in any number or either thereof or by which the person seeing such picture or representation without deliberation may believe it to represent the flag, colors, standard or ensign of the United States, the Confederate States of America or this State.


CREDIT(S)


HISTORY: 1962 Code § 16-533; 1952 Code § 16-533; 1942 Code § 1274; 1932 Code § 1274; Cr. C. '22 § 169; 1916 (29) 925; 1958 (50) 1676.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-220


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 3. Desecration or Mutilation of Flags

§ 16-17-220. Desecration or mutilation of United States, Confederate or State flags.


Any person who in any manner, for exhibition or display, shall (a) knowingly place or cause to be placed any word, inscription, figure, mark, picture, design, device, symbol, name, characters, drawing, notice or advertisement of any nature upon any flag, standard, color or ensign of the United States, the Confederate States of America or this State or upon a flag, standard, color or ensign purporting to be such, (b) knowingly display, exhibit or expose or cause to be exposed to public view any such flag, standard, color or ensign upon which shall have been printed, painted or otherwise placed or to which shall be attached, appended, affixed or annexed any word, inscription, figure, mark, picture, design, device, symbol, name, characters, drawing, photographs, notice or advertisement of any nature, (c) expose to public view, manufacture, sell, expose for sale, give away or have in possession for sale, to give away, or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise or article or thing for camping or transporting merchandise upon which shall have been printed, painted, attached or otherwise placed a representation of any such flag, standard, color or ensign to advertise, call attention to, decorate, mark or distinguish the article or substance on which placed or (d) publicly mutilate, deface, defile, defy, jeer at, trample upon or cast contempt, either by word or act, upon any such flag, standard, color or ensign shall be guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars or by imprisonment for not more than thirty days, or both, in the discretion of the court, and shall also forfeit a penalty of fifty dollars for each offense, to be recovered with costs in a civil action or suit in any court having jurisdiction. Such action or suit may be brought by and in the name of any citizen of this State, and such penalty when collected, less the reasonable cost and expense of action or suit and recovery to be certified by the clerk of court of the county in which the offense is committed, shall be paid into the State Treasury. Two or more penalties may be sued for and recovered in the same action or suit.


CREDIT(S)


HISTORY: 1962 Code § 16-532; 1952 Code §§ 16-531, 16-532; 1942 Code §§ 1273, 1274; 1932 Code §§ 1273, 1274; Cr. C. '22 §§ 168, 169; Cr. C. '12 § 207; 1910 (26) 753; 1916 (29) 925; 1950 (46) 1881; 1958 (50) 1676.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-230


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 3. Desecration or Mutilation of Flags

§ 16-17-230. Presumption from possession.


It is permissible to infer that possession by any person, other than a public officer as such, of any flag, standard, color, or ensign on which is anything made unlawful at any time by § 16-17-220 or of any article, substance, or thing on which is anything made unlawful at any time by that section is in violation of that section.


CREDIT(S)


HISTORY: 1962 Code § 16-534; 1952 Code § 16-534; 1942 Code § 1274; 1932 Code § 1274; Cr. C. '22 § 169; 1916 (29) 925; 1922 (32) 858; 1987 Act No. 95 § 8.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-310


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 5. Improper Use of Names

§ 16-17-310. Imitation of organizations' names, emblems and the like.


No person, society or organization shall assume, use, adopt, become incorporated under or continue to use the name and style or emblems of any incorporated benevolent, fraternal, social, humane or charitable organization previously existing in this State or a name and style or emblem so nearly resembling the name and style of such incorporated organization as to be a colorable imitation thereof. When two or more of such societies, associations or corporations claim the right to the same name or to a name substantially similar as above provided, the organization which was first organized and used the name and first became incorporated under the laws of the United States or of any state of the Union, whether incorporated in this State or not, shall be entitled in this State to the prior and exclusive use of such name, and the rights of such societies, associations or corporations and of their individual members shall be fixed and determined accordingly.


Any person who shall wear a badge, button or other emblem or shall use the name or claim to be a member of any benevolent, fraternal, social, humane or charitable organization which is entitled to the exclusive use of such name and emblems under this section, either in the identical form or in such near resemblance thereto as to be a colorable imitation of such emblems and name, unless entitled so to do under the laws, rules and regulations of such organization, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or imprisonment in the State Penitentiary for not less than thirty days nor more than one year.


CREDIT(S)


HISTORY: 1962 Code § 16-542; 1952 Code § 16-542; 1942 Code § 1243; 1932 Code § 1243; Cr. C. '22 § 139; Cr. C. '12 § 285; 1906 (25) 118; 1910 (26) 723, 779; 1925 (34) 20.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-320


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 5. Improper Use of Names

§ 16-17-320. Injunction to restrain improper use of name and emblems.


Whenever there shall be an actual or threatened violation of the provisions of § 16-17-310, the organization entitled to the exclusive use of the name in question, under the terms of said section, shall have the right to apply to the proper courts for an injunction to restrain the infringement of its name and the use of its emblems. If it shall be made to appear to the court that the defendants are in fact infringing or about to infringe upon the name and style of a previously existing incorporated benevolent, fraternal, social, humane or charitable organization in the manner prohibited in said section or that the defendant or defendants are wearing and using the badge, insignia or emblems of such organization, without the authority thereof in violation of said section, an injunction may be issued by the court under the principles of equity, without requiring proof that any person has been in fact misled or deceived by the infringement of such name or the use of such emblem.


CREDIT(S)


HISTORY: 1962 Code § 16-543; 1952 Code § 16-543; 1942 Code § 1243; 1932 Code § 1243; Cr. C. '22 § 139; Cr. C. '12 § 285; 1906 (25) 118; 1910 (26) 723, 779; 1925 (34) 20.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-410


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-410. Conspiracy.


The common law crime known as “conspiracy” is defined as a combination between two or more persons for the purpose of accomplishing an unlawful object or lawful object by unlawful means.


A person who commits the crime of conspiracy is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.


A person who is convicted of the crime of conspiracy must not be given a greater fine or sentence than he would receive if he carried out the unlawful act contemplated by the conspiracy and had been convicted of the unlawful act contemplated by the conspiracy or had he been convicted of the unlawful acts by which the conspiracy was to be carried out or effected.


CREDIT(S)


HISTORY: 1962 Code § 16-550; 1957 (50) 58; 1993 Act No. 184, § 35.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-420


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-420. Disturbing schools; summary court jurisdiction.


(A) It shall be unlawful:


(1) for any person wilfully or unnecessarily (a) to interfere with or to disturb in any way or in any place the students or teachers of any school or college in this State, (b) to loiter about such school or college premises or (c) to act in an obnoxious manner thereon; or


(2) for any person to (a) enter upon any such school or college premises or (b) loiter around the premises, except on business, without the permission of the principal or president in charge.


(B) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, on conviction thereof, shall pay a fine of not more than one thousand dollars or be imprisoned in the county jail for not more than ninety days.


(C) The summary courts are vested with jurisdiction to hear and dispose of cases involving a violation of this section. If the person is a child as defined by Section 63-19-20, jurisdiction must remain vested in the Family Court.


CREDIT(S)


HISTORY: 1962 Code § 16-551; 1952 Code § 16-551; 1942 Code § 1129; 1932 Code § 1129; Cr. C. '22 § 28; 1919 (31) 239; 1968 (55) 2308; 1972 (57) 2620; 2010 Act No. 273, § 12, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-430


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-430. Unlawful communication.


(A) It is unlawful for a person to:


(1) use in a telephonic communication or any other electronic means, any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to communicate or convey by telephonic or other electronic means an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person;


(2) threaten in a telephonic communication or any other electronic means an unlawful act with the intent to coerce, intimidate, or harass another person;


(3) telephone or electronically contact another repeatedly, whether or not conversation ensues, for the purpose of annoying or harassing another person or his family;


(4) make a telephone call and intentionally fail to hang up or disengage the connection for the purpose of interfering with the telephone service of another;


(5) telephone or contact by electronic means another and make false statements concerning either the death or injury of a member of the family of the person who is telephoned or electronically contacted, with the intent to annoy, frighten, or terrify that person; or


(6) knowingly permit a telephone under his control to be used for any purpose prohibited by this section.


(B) A person who violates any provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-552.1; 1961 (52) 451; 1967 (55) 626; 1993 Act No. 184, § 36; 2001 Act No. 81, § 13.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-440


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-440. Venue for prosecution under § 16-17-430.


Venue for prosecution pursuant to the provisions of § 16-17-430 shall be either in the county wherein the telephonic communications originated or the county where it was received.


CREDIT(S)


HISTORY: 1962 Code § 16-552.2; 1961 (52) 451.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-445


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-445. Regulation of unsolicited consumer telephone calls.


(A) As used in this section:


(1) “Consumer telephone call” means a call made by a telephone solicitor for the purpose of soliciting a sale of any consumer goods or services to the person called, or for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for these purposes.


(2) “Consumer goods or services” means any tangible personal property which is normally used for personal, family, financial, or household purposes, including any property intended to be attached to or installed in any real property without regard to whether it is so attached or installed, as well as cemetery lots and interests in vacation timesharing plans or vacation ownership plans and any services related to this property. Services sold by institutions licensed and regulated under Title 38 are not consumer goods or services for purposes of this section.


(3) “Prize promotion” means:


(a) a sweepstakes or other game of chance; or


(b) an oral or written representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize.


(4) “Unsolicited consumer telephone call” means a consumer telephone call other than a call made:


(a) in response to an express request of the person called;


(b) primarily in connection with an existing debt or contract, payment, or performance of which has not been completed at the time of the call; or


(c) to a person with whom the telephone solicitor has an existing business relationship or had a previous business relationship.


(5) “Telephone solicitor” means an individual, firm or organization, partnership, association, or corporation who makes or causes to be made a consumer telephone call.


(6) “Department” means the Department of Consumer Affairs.


(B) A telephone solicitor who makes an unsolicited consumer telephone call must disclose promptly and in a clear conspicuous manner to the person receiving the call, the following information:


(1) the identity of the seller;


(2) that the purpose of the call is to sell goods or services;


(3) the nature of the goods or services;


(4) that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the person called. If requested by that person, the telemarketer must disclose the no purchase/no payment entry method for the prize promotion; and


(5) remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor, whether verbally or in writing, not to call again. If the called party prefers to make his request in writing, then the telephone solicitor must immediately provide the called party with the appropriate address to send and make effective his written request to be removed from the in-house calling lists.


(C) Unsolicited consumer telephone calls are prohibited after nine o'clock p.m. or before eight o'clock a.m. on any day.


(D) Unsolicited calls must disclose to the buyer at the time of solicitations:


(1) cost of merchandise or method of estimation;


(2) payment plan; and


(3) extra or special charges such as shipping, handling, and taxes.


(E) Every telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall implement in-house systems and procedures whereby every effort is made not to call subscribers who ask not to be called again. The department has the authority to monitor compliance with this provision. A person or his agent who has an interest in a vacation ownership plan or vacation timesharing plan may have the unit telephone number removed from a solicitor's in-house calling lists by sending written notification to the solicitor.


(F) The department shall investigate any complaints received concerning violations of this section. If the department has reason to believe that there has been a violation of this section, it may request a contested case hearing before the Administrative Law Court to impose a civil penalty not to exceed one hundred dollars for a first violation, two hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation. The department may also bring a civil action in the Court of Common Pleas seeking other relief, including injunctive relief, as the court considers appropriate against the telephone solicitor. In addition, a person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction for a first or second offense, must be fined not more than two hundred dollars or imprisoned for not more than thirty days, and for a third or subsequent offense must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each violation constitutes a separate offense for purposes of the civil and criminal penalties in this section.


(G) Telephone companies are not responsible for the enforcement of the provisions of this section and are not liable for any error or omission in the listings made pursuant to this section.


CREDIT(S)


HISTORY: 1988 Act No. 656, § 1; 2000 Act No. 408, § 1; 2005 Act No. 128, § 1, eff July 1, 2005.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-446


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-446. Regulation of automatically dialed announcing device (ADAD).


(A) “Adad” means an automatically dialed announcing device which delivers a recorded message without assistance by a live operator for the purpose of making an unsolicited consumer telephone call as defined in Section 16-17-445(A)(3). Adad calls include automatically announced calls of a political nature including, but not limited to, calls relating to political campaigns.


(B) Adad calls are prohibited except:


(1) in response to an express request of the person called;


(2) when primarily connected with an existing debt or contract, payment or performance of which has not been completed at the time of the call;


(3) in response to a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.


(C) Adad calls which are not prohibited under subsection (B):


(1) are subject to Section 16-17-445(B)(1), (2), and (3);


(2) shall disconnect immediately when the called party hangs up;


(3) are prohibited after seven p.m. or before eight a.m.;


(4) may not ring at hospitals, police stations, fire departments, nursing homes, hotels, or vacation rental units.


(D) A person who violates this section, upon conviction, must be punished as provided in Section 16-17-445(F).


CREDIT(S)


HISTORY: 1988 Act No. 656, § 2; 1991 Act No. 89, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-450


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-450. Refusal to relinquish party telephone line for emergency call.


(1) Any person who shall wilfully refuse to relinquish immediately a party telephone line when informed that such line is needed for an emergency call to a fire department or police department or for medical aid or ambulance service shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.


(2) It shall constitute a defense to a prosecution under subsection (1) that the accused did not know of the emergency in question, or that the accused was using the party telephone line for an emergency call.


(3) Any person who requests another to relinquish a telephone party line on the pretext that he must place an emergency call, knowing such pretext to be false, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.


(4) As used in this section


The term “party line” shall mean a subscriber's line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.


The term “emergency” shall mean a situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.


CREDIT(S)


HISTORY: 1962 Code § 16-552.3; 1967 (55) 624.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-470


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-470. Eavesdropping, peeping, voyeurism.


(A) It is unlawful for a person to be an eavesdropper or a peeping tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a peeping tom. The term “peeping tom”, as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term “ peeping tom” also includes any person who employs the use of video or audio equipment for the purposes set forth in this section. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both.


(B) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, audio records, video records, produces, or creates a digital electronic file, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this subsection:


(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both; or


(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than five years, or both.


(C) A person commits the crime of aggravated voyeurism if he or she knowingly sells or distributes any photograph, audio recording, video recording, digital electronic file, or film of another person taken or made in violation of this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than ten years, or both.


(D) As used in this section:


(1) “Place where a person would have a reasonable expectation of privacy” means:


(a) a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed, or videotaped by another; or


(b) a place where one would reasonably expect to be safe from hostile intrusion or surveillance.


(2) “Surveillance” means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.


(3) “View” means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.


(E) The provisions of subsection (A) do not apply to:


(1) viewing, photographing, videotaping, or filming by personnel of the Department of Corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or a county, municipal, or local jail or detention center or correctional facility;


(2) security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments;


(3) any official law enforcement activities conducted pursuant to Section 16-17-480;


(4) private detectives and investigators conducting surveillance in the ordinary course of business; or


(5) any bona fide news gathering activities.


(F) In addition to any other punishment prescribed by this section or other provision of law, a person procuring photographs, audio recordings, video recordings, digital electronic files, or films in violation of this section shall immediately forfeit all items. These items must be destroyed when no longer required for evidentiary purposes.


CREDIT(S)


HISTORY: 1962 Code § 16-554; 1952 Code § 16-554; 1942 Code § 1192-1; 1937 (40) 478; 1993 Act No. 184, § 99; 2000 Act No; 363, § 1; 2001 Act No. 81, § 14.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-480


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-480. Section 16-17-470 not applicable to law officers.


Nothing in § 16-17-470 shall prevent duly constituted officers of the law from performing their official duties in ferreting out offenders or suspected offenders against violating the laws of this State or any municipality therein for the purpose of apprehending such suspected violator. But the provisions of this section shall not be construed as giving such officers any additional rights or powers upon private property but shall be construed as preserving only such powers as they had before.


CREDIT(S)


HISTORY: 1962 Code § 16-555; 1952 Code § 16-555; 1942 Code § 1192-1; 1937 (40) 478.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-490


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-490. Contributing to delinquency of a minor.


It shall be unlawful for any person over eighteen years of age to knowingly and wilfully encourage, aid or cause or to do any act which shall cause or influence a minor:


(1) To violate any law or any municipal ordinance;


(2) To become and be incorrigible or ungovernable or habitually disobedient and beyond the control of his or her parent, guardian, custodian or other lawful authority;


(3) To become and be habitually truant;


(4) To without just cause and without the consent of his or her parent, guardian or other custodian, repeatedly desert his or her home or place of abode;


(5) To engage in any occupation which is in violation of law;


(6) To associate with immoral or vicious persons;


(7) To frequent any place the existence of which is in violation of law;


(8) To habitually use obscene or profane language;


(9) To beg or solicit alms in any public places under any pretense;


(10) To so deport himself or herself as to wilfully injure or endanger his or her morals or health or the morals or health of others.


Any person violating the provisions of this section shall upon conviction be fined not more than three thousand dollars or imprisoned for not more than three years, or both, in the discretion of the court.


This section is intended to be cumulative and shall not be construed so as to defeat prosecutions under any other law which is applicable to unlawful acts embraced herein.


The provisions of this section shall not apply to any school board of trustees promulgating rules and regulations as authorized by § 59-19-90(3) which prescribe standards of conduct and behavior in the public schools of the district. Provided, however, that any such rule or regulation which contravenes any portion of the provisions of this section shall first require the consent of the parent or legal guardian of the minor or minors concerned.


CREDIT(S)


HISTORY: 1962 Code § 16-555.1; 1957 (50) 572, 1971 (57) 848; 1976 Act No. 629.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-495


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-495. Custodial interference.


(A)(1) When a court of competent jurisdiction in this State or another state has awarded custody of a child under the age of sixteen years or when custody of a child under the age of sixteen years is established pursuant to Section 63-17-20(B), it is unlawful for a person with the intent to violate the court order or Section 63-17-20(B) to take or transport, or cause to be taken or transported, the child from the legal custodian for the purpose of concealing the child, or circumventing or avoiding the custody order or statute.


(2) When a pleading has been filed and served seeking a determination of custody of a child under the age of sixteen, it is unlawful for a person with the intent to circumvent or avoid the custody proceeding to take or transport, or cause to be taken or transported, the child for the purpose of concealing the child, or circumventing or avoiding the custody proceeding. It is permissible to infer that a person keeping a child outside the limits of this State for more than seventy-two hours without notice to a legal custodian intended to violate this subsection.


(B) A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.


(C) If a person who violates subsection (A)(1) or (2) returns the child to the legal custodian or to the jurisdiction of the court in which the custody petition was filed within three days of the violation, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.


(D) Notwithstanding the provisions of this section, if the taking or transporting of a child in violation of subsections (A)(1) or (2), is by physical force or the threat of physical force, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.


(E) A person who violates the provisions of this section may be required by the court to pay necessary travel and other reasonable expenses including, but not limited to, attorney's fees incurred by the party entitled to the custody or by a witness or law enforcement.


CREDIT(S)


HISTORY: 1976 Act No. 592; 1990 Act No. 470, § 1; 1995 Act No. 28, § 1; 1997 Act No. 95, § 4.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-500


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-500. Sale or purchase of tobacco products for minors; proof of age; location of vending machines; penalties; smoking cessation programs.


(A) It is unlawful for an individual to sell, furnish, give, distribute, purchase for, or provide a tobacco product to a minor under the age of eighteen years.


(B) It is unlawful to sell a tobacco product to an individual who does not present upon demand proper proof of age. Failure to demand identification to verify an individual's age is not a defense to an action initiated pursuant to this subsection. Proof that is demanded, is shown, and reasonably is relied upon for the individual's proof of age is a defense to an action initiated pursuant to this subsection.


(C) It is unlawful to sell a tobacco product through a vending machine unless the vending machine is located in an establishment:


(1) which is open only to individuals who are eighteen years of age or older; or


(2) where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed.


(D)(1) An individual who knowingly violates a provision of subsections (A), (B), or (C) in person, by agent, or in any other way is guilty of a misdemeanor and, upon conviction, must be:


(a) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars;


(b) for a second offense, which occurs within three years of the first offense, fined not less than two hundred dollars nor more than three hundred dollars;


(c) for a third or subsequent offense, which occurs within three years of the first offense, fined not less than three hundred dollars nor more than four hundred dollars.


(2) In lieu of the fine, the court may require an individual to successfully complete a Department of Alcohol and Other Drug Abuse Services approved merchant tobacco enforcement education program.


(E)(1) A minor under the age of eighteen years must not purchase, attempt to purchase, possess, or attempt to possess a tobacco product, or present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.


(2) A minor who knowingly violates a provision of subsection (E)(1) in person, by agent, or in any other way commits a noncriminal offense and is subject to a civil fine of twenty-five dollars. The civil fine is subject to all applicable court costs, assessments, and surcharges.


(3) In lieu of the civil fine, the court may require a minor to successfully complete a Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, or to perform not more than five hours of community service for a charitable institution.


(4) If a minor fails to pay the civil fine, successfully complete a smoking cessation or tobacco prevention program, or perform the required hours of community service as ordered by the court, the court may restrict the minor's driving privileges to driving only to and from school, work, and church, or as the court considers appropriate for a period of ninety days beginning from the date provided by the court. If the minor does not have a driver's license or permit, the court may delay the issuance of the minor's driver's license or permit for a period of ninety days beginning from the date the minor applies for a driver's license or permit. Upon restricting or delaying the issuance of the minor's driver's license or permit, the court must complete and remit to the Department of Motor Vehicles any required forms or documentation. The minor is not required to submit his driver's license or permit to the court or the Department of Motor Vehicles. The Department of Motor Vehicles must clearly indicate on the minor's driving record that the restriction or delayed issuance of the minor's driver's license or permit is not a traffic violation or a driver's license suspension. The Department of Motor Vehicles must notify the minor's parent, guardian, or custodian of the restriction or delayed issuance of the minor's driver's license or permit. At the completion of the ninety-day period, the Department of Motor Vehicles must remove the restriction or allow for the issuance of the minor's license or permit. No record may be maintained by the Department of Motor Vehicles of the restriction or delayed issuance of the minor's driver's license or permit after the ninety-day period. The restriction or delayed issuance of the minor's driver's license or permit must not be considered by any insurance company for automobile insurance purposes or result in any automobile insurance penalty, including any penalty under the Merit Rating Plan promulgated by the Department of Insurance.


(5) A violation of this subsection is not a criminal or delinquent offense and no criminal or delinquent record may be maintained. A minor may not be detained, taken into custody, arrested, placed in jail or in any other secure facility, committed to the custody of the Department of Juvenile Justice, or found to be in contempt of court for a violation of this subsection or for the failure to pay a fine, successfully complete a smoking cessation or tobacco prevention program, or perform community service.


(6) A violation of this subsection is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program including, but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.


(7) The uniform traffic ticket, established pursuant to Section 56-7-10, may be used by law enforcement officers for a violation of this subsection. A law enforcement officer issuing a uniform traffic ticket pursuant to this subsection must immediately seize the tobacco product. The law enforcement officer also must notify a minor's parent, guardian, or custodian of the minor's offense, if reasonable, within ten days of the issuance of the uniform traffic ticket.


(F) This section does not apply to the possession of a tobacco product by a minor working within the course and scope of his duties as an employee or participating within the course and scope of an authorized inspection or compliance check.


(G) Jurisdiction to hear a violation of this section is vested exclusively in the municipal court and the magistrate's court. A hearing pursuant to subsection (E) must be placed on the court's appropriate docket for traffic violations, and not on the court's docket for civil matters.


(H) A retail establishment that distributes tobacco products must train all retail sales employees regarding the unlawful distribution of tobacco products to minors.


(I) Notwithstanding any other provision of law, a violation of this section does not violate the terms and conditions of an establishment's beer and wine permit and is not grounds for revocation or suspension of a beer and wine permit.


CREDIT(S)


HISTORY: 1962 Code § 16-556; 1952 Code § 16-556; 1942 Code § 1465; 1932 Code § 1465; Cr. C. '22 § 410; Cr. C. '12 § 420; Cr. C. '02 § 320; R. S. 267; 1889 (20) 321; 1996 Act No. 445, § 3; 2006 Act No. 231, § 2, eff six months after approval (approved February 21, 2006).



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-501


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-501. Definitions.


As used in this section and Sections 16-17-502, 16-17-503, and 16-17-504:


(1) “Distribute” means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.


(2) “Proof of age” means a driver's license or identification card issued by this State or a United States Armed Services identification card.


(3) “Sample” means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.


(4) “Sampling” means the distribution of samples to members of the general public in a public place.


(5) “Tobacco product” means a product that contains tobacco and is intended for human consumption.


CREDIT(S)


HISTORY: 1996 Act No. 445, § 2; 2006 Act No. 231, § 3, eff six months after approval (approved February 21, 2006).



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-502


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-502. Distribution of tobacco product samples.


(A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years.


(B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.


(C) A person violating this section is subject to a civil penalty of not more than twenty-five dollars for a first violation, not more than fifty dollars for a second violation, and not less than one hundred dollars for a third or subsequent violation. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.


CREDIT(S)


HISTORY: 1996 Act No. 445, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-503


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-503. Enforcement; reporting requirements.


(A) The Director of the Department of Revenue shall provide for the enforcement of Section 16-17-502 in a manner that reasonably may be expected to reduce the extent to which tobacco products are sold or distributed to persons under the age of eighteen years and annually shall conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the section. The department shall designate an enforcement officer to conduct the annual inspections. Penalties collected pursuant to Section 16-17-502 must be used to offset the costs of enforcement.


(B) The director shall provide for the preparation of and submission annually to the Secretary of the United States Department of Health and Human Services the report required by Section 1926 of the federal Public Health Service Act (42 U.S.C. 300x-26) and otherwise is responsible for ensuring the state's compliance with that provision of federal law and implementing regulations promulgated by the United States Department of Health and Human Services.


CREDIT(S)


HISTORY: 1996 Act No. 445.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-504


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-504. Implementation; local laws.


(A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. Any laws, ordinances, or rules enacted pertaining to tobacco products may not supersede state law or regulation. Nothing herein shall affect the right of any person having ownership or otherwise controlling private property to allow or prohibit the use of tobacco products on such property.


(B) Smoking ordinances in effect before the effective date of this act are exempt from the requirements of subsection (A).


CREDIT(S)


HISTORY: 1996 Act No. 445, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-505


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-505. Cigarette packages violating certain federal laws; illegal sale or distribution; penalties; seizure.


(1) For purposes of this section, “package” means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed, or intended for distribution to consumers.


(2) It is unlawful to sell, hold for sale, or distribute a package of cigarettes if:


(a) the package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1331, for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States;


(b) the package is labeled “For Export Only”, “U.S. Tax Exempt”, “For Use Outside U.S.”, or similar wording indicating that the manufacturer did not intend that the product be sold in the United States;


(c) the package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in (a) or (b) of this subsection;


(d) the package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. 5754; or


(e) the package in any way violates federal trademark or copyright laws.


(3) A person who knowingly sells, holds for sale, or distributes cigarette packages in violation of subsection (2) is guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than three years or fined not more than one thousand dollars, or both.


(4) In addition to the other penalties provided by law, law enforcement may seize and destroy or sell to the manufacturer, for export only, any packages described in subsection (2).


CREDIT(S)


HISTORY: 1999 Act No. 92, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-510


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-510. Enticing enrolled child from attendance in school.


It is unlawful for a person to encourage, entice, or conspire to encourage or entice a child enrolled in any public or private elementary or secondary school of this State from attendance in the school or school program or transport or provide transportation in aid to encourage or entice a child from attendance in any public or private elementary or secondary school or school program.


A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first or second offense must be tried exclusively in magistrate's court. Third and subsequent offenses must be tried in the court of general sessions.


CREDIT(S)


HISTORY: 1962 Code § 16-556.1; 1969 (56) 320; 1993 Act No. 184, § 185; 1998 Act No. 352, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-520


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-520. Disturbance of religious worship.


Any person who shall (a) wilfully and maliciously disturb or interrupt any meeting, society, assembly or congregation convened for the purpose of religious worship, (b) enter such meeting while in a state of intoxication or (c) use or sell spirituous liquors, or use blasphemous, profane or obscene language at or near the place of meeting shall be guilty of a misdemeanor and shall, on conviction, be sentenced to pay a fine of not less than twenty nor more than one hundred dollars, or be imprisoned for a term not exceeding one year or less than thirty days, either or both, at the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-557; 1952 Code § 16-557; 1942 Code § 1736; 1932 Code § 1736; Cr. C. '22 § 718; Cr. C. '12 § 703; Cr. C. '02 § 505; G. S. 1635; R. S. 390; 1873 (15) 352; 1894 (21) 824; 1897 (22) 409.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-525


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-525. Wilfully, knowingly or maliciously disturbing funeral service; penalties.


(A) It is unlawful for a person to wilfully, knowingly, or maliciously disturb or interrupt a funeral service. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days. This subsection applies to a wilful, knowing, or malicious disturbance or interruption within:


(1) one thousand feet of the funeral service; and


(2) a time period of one-half hour before the funeral service until one- half hour after the funeral service.


(B) It is unlawful for a person to undertake an activity at a public or privately owned cemetery, other than the decorous participation in a funeral service or visitation of a burial space, without the prior written approval of the public or private owner. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.


(C) For purposes of this section, “funeral service” means any ceremony, procession, or memorial held in connection with the memorialization, burial, cremation, or other disposition of a deceased person's body.


CREDIT(S)


HISTORY: 2006 Act No. 391, § 1, eff June 14, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-530


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-530. Public disorderly conduct.


Any person who shall (a) be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner, (b) use obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church or (c) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharge any gun, pistol or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-558; 1952 Code § 16-558; 1949 (46) 466; 1968 (55) 2842; 1969 (56) 153.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-540


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-540. Bribery with respect to agents, servants or employees.


Any:


(1) Person who corruptly gives, offers or promises to an agent, employee or servant any gift or gratuity whatever, with intent to influence his action in relation to his principal's, employer's or master's business;


(2) Agent, employee or servant who corruptly requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself under an agreement or with an understanding that he shall act in any particular manner in relation to his principal's, employer's or master's business;


(3) Agent, employee or servant who, being authorized to procure materials, supplies or other articles, either by purchase or contract for his principal, employer or master, receives, directly or indirectly, for himself or for another, a commission, discount or bonus from the person who makes such sale or contract or furnishes such materials, supplies or other articles or from a person who renders such service or labor; and


(4) Person who gives or offers such an agent, employee or servant such commission, discount or bonus;


Shall be punished by a fine of not more than five hundred dollars or by such fine and by imprisonment for not more than one year.


CREDIT(S)


HISTORY: 1962 Code § 16-570; 1952 Code § 16-570; 1942 Code § 1236; 1932 Code § 1236; Cr. C. '22 § 132; Cr. C. '12 § 277; 1905 (24) 942.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-550


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-550. Bribery of athletes and athletic officials.


(1) Unlawful to bribe athletes or athletic officials or to accept such bribes. --It shall be unlawful to bribe or offer to bribe any player, manager, coach, referee, umpire or any other participant or official of any athletic contest with intent to influence the play, action, conduct, or decision of any such person or for any such person to accept or agree to accept such bribe or offer for the purpose of losing, trying to lose or trying to limit the margin of victory or defeat in any athletic contest or to aid or abet or assist in any manner whatsoever in any such bribe.


(2) Section to be cumulative to other laws. --This section shall not be construed as repealing or modifying any other provisions of law but shall be cumulative to such other provisions of law.


(3) Penalties. --Any person violating the provisions of this section shall be guilty of a felony and upon conviction shall be fined not more than ten thousand dollars or be imprisoned for not more than ten years or both in the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-570.1; 1962 (52) 1732.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-560


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-560. Assault or intimidation on account of political opinions or exercise of civil rights.


It is unlawful for a person to assault or intimidate a citizen, discharge a citizen from employment or occupation, or eject a citizen from a rented house, land, or other property because of political opinions or the exercise of political rights and privileges guaranteed to every citizen by the Constitution and laws of the United States or by the Constitution and laws of this State.


A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-559; 1952 Code § 16-559; 1950 (46) 2059; 1993 Act No. 184, § 186.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-570


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-570. Interference with fire and police alarm boxes; giving false alarms.


Any person who shall wilfully, maliciously or mischievously interfere with, cut or injure any pole, wire, insulator or alarm box, give a false alarm from such box or by use of a telephone or break the glass in such box of any fire or police alarm system in this State or any of the appliances or apparatus connected therewith shall be guilty of a misdemeanor and, upon conviction, shall be sentenced to hard labor in the State Penitentiary or on the chain gang in a county having a chain gang for a term of not less than sixty days or the payment of a fine of not more than two hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-560; 1952 Code § 16-560; 1942 Code § 1164; 1932 Code § 1164; Cr. C. '22 § 57; Cr. C. '12 § 194; Cr. C. '02 § 156; R. S. 152; 1888 (20) 8; 1904 (24) 382; 1931 (37) 37; 1980 Act No. 468.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-580


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-580. Removing State line marks.


Any person who shall deface, disturb or remove any granite post or marking, whether wood, stone or metal, duly placed by competent authority on the State line of this State shall be deemed guilty of a misdemeanor and, on conviction, shall be fined not less than one hundred dollars or imprisoned not less than six months.


CREDIT(S)


HISTORY: 1962 Code § 16-561; 1952 Code § 16-561; 1942 Code § 1251; 1932 Code § 1251; Cr. C. '22 § 145; Cr. C. '12 § 291; 1906 (25) 63.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-600


Effective: June 11, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-600. Destruction or desecration of human remains or repositories thereof; liability of crematory operators; penalties.


(A) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:


(1) destroy or damage the remains of a deceased human being;


(2) remove a portion of the remains of a deceased human being from a burial ground where human skeletal remains are buried, a grave, crypt, vault, mausoleum, Native American burial ground or burial mound, or other repository; or


(3) desecrate human remains.


A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not less than one year nor more than ten years, or both.


A crematory operator is neither civilly nor criminally liable for cremating a body which (1) has been incorrectly identified by the funeral director, coroner, medical examiner, or person authorized by law to bring the deceased to the crematory; or (2) the funeral director has obtained invalid authorization to cremate. This immunity does not apply to a crematory operator who knew or should have known that the body was incorrectly identified.


(B) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:


(1) obliterate, vandalize, or desecrate a burial ground where human skeletal remains are buried, a grave, graveyard, tomb, mausoleum, Native American burial ground or burial mound, or other repository of human remains;


(2) deface, vandalize, injure, or remove a gravestone or other memorial monument or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, Native American burial ground or burial mound, memorial park, or battlefield; or


(3) obliterate, vandalize, or desecrate a park, Native American burial ground or burial mound, or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons.


A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five thousand dollars, or both.


(C)(1) It is unlawful for a person wilfully and knowingly to steal anything of value located upon or around a repository for human remains or within a human graveyard, cemetery, Native American burial ground or burial mound, or memorial park, or for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure any fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard, cemetery, Native American burial ground or burial mound, or memorial park.


(2) A person violating the provisions of item (1) is guilty of:


(a) a felony and, upon conviction, if the theft of, destruction to, injury to, or loss of property is valued at four hundred dollars or more, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and must be required to perform not more than five hundred hours of community service;


(b) a misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the theft of, destruction to, injury to, or loss of property is valued at less than four hundred dollars. Upon conviction, a person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both, and must be required to perform not more than two hundred fifty hours of community service.


(D) A person who owns or has an interest in caring for the property, in the case of private lands, or the State, in the case of state lands, may bring a civil action for a violation of this section to recover damages, and the cost of restoration and repair of the property, plus attorney's fees and court costs.


CREDIT(S)


HISTORY: 1962 Code § 16-563; 1952 Code § 16-563; 1942 Code § 1266; 1932 Code § 1266; Cr. C. '22 § 161; Cr. C. '12 § 246; Cr. C. '02 § 230; 1899 (23) 98; 1938 (40) 1576; 1989 Act No. 74, § 1; 1993 Act No. 184, § 37; 1998 Act No. 307, § 1; 2004 Act No. 229, § 1, eff May 11, 2004; 2010 Act No. 273, § 16.W, eff June 2, 2010; 2010 Act No. 255, § 2, eff June 11, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-610


Effective: March 30, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-610. Soliciting emigrants without licenses.


No person other than the South Carolina Department of Employment and Workforce shall carry on the business of emigrant agent in this State without having first obtained a license therefor from the State Treasurer and the county treasurer of each county in which he solicits emigrants. The term “emigrant agent,” as used in this section, shall be construed to mean any person engaged in hiring laborers or soliciting emigrants in this State to be employed beyond the limits of the State. Any person shall be entitled to State and county licenses, which shall be good for one year, upon payment into the State Treasury for the use of the State of five hundred dollars for each county in which he operates or solicits emigrants for each year so engaged and upon payment into the county treasury of each county in which he operates or solicits emigrants, for the use of each such county, of two thousand dollars for each year so engaged. Any person other than the South Carolina Department of Employment and Workforce doing business as an emigrant agent without having first obtained each such license shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars in case of failure to obtain a State license and one thousand dollars in case of failure to obtain a county license and not more than five thousand dollars in either such case or may be imprisoned in the county jail or, in case of failure to obtain a county license, upon the public works not less than four months or confined in the State Prison, at hard labor, not exceeding two years for each and every offense, within the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-564; 1952 Code § 16-564; 1942 Code §§ 1377, 1378; 1932 Code §§ 1377, 1378; Cr. C. '22 §§ 308, 309; Cr. C. '12 §§ 895, 896; Cr. C. '02 § 608; R. S. 488; 1891 (20) 1084; 1893 (21) 429; 1898 (22) 812; 1907 (25) 543; 1949 (46) 415, 417; 1954 (48) 1415.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-620


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-620. Exemption of solicitors of farm laborers to work in adjacent states.


The provisions of § 16-17-610 shall not be applicable to any person soliciting or hiring laborers in this State to be employed in agricultural work in any state bordering on this State when such adjacent state places no limitation on the solicitation or employment of farm labor by South Carolina employers.


CREDIT(S)


HISTORY: 1962 Code § 16-564.1; 1954 (48) 1415.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-630


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-630. Exemption of solicitors of household or domestic employees.


Notwithstanding the provisions of § 16-17-610 it shall be lawful for any person to solicit without a license household or domestic employees for out-of-State employment.


CREDIT(S)


HISTORY: 1962 Code § 16-564.2; 1958 (50) 1928.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-640


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-640. Blackmail.


Any person who verbally or by printing or writing or by electronic communications:


(1) accuses another of a crime or offense;


(2) exposes or publishes any of another's personal or business acts, infirmities, or failings; or


(3) compels any person to do any act, or to refrain from doing any lawful act, against his will;


with intent to extort money or any other thing of value from any person, or attempts or threatens to do any of such acts, with the intent to extort money or any other thing of value, shall be guilty of blackmail and, upon conviction, shall be fined not more than five thousand dollars or imprisoned for not more than ten years, or both, in the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-566.1; 1957 (50) 191; 2001 Act No. 81, § 15.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-650


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-650. Cockfighting.


(A) A person who engages in or is present at cockfighting or game fowl fighting or illegal game fowl testing is guilty of a:


(1) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year for a first offense; or


(2) misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years for a second or subsequent offense.


(B) For purposes of this section, “illegal game fowl testing” means allowing game fowl to engage in physical combat:


(1) with or without spurs or other artificial items while in the presence of more than five spectators;


(2) under any circumstances while employing spurs or other artificial items or with the injection or application of a stimulant substance; or


(3) for purposes of or in the presence of wagering or gambling.


(C) A person who violates the provisions of subsection (A)(1) must be tried exclusively in summary court.


(D) A person who violates the provisions of subsection (A)(2) is subject to the forfeiture of monies, negotiable instruments, and securities specifically gained or used to engage in or further a violation of this section pursuant to Section 16-27-55.


(E) All game fowl breeders and game fowl breeder testing facilities must comply with the Department of Health and Environmental Control and the State Veterinarian's regulations, policies, and procedures regarding avian influenza preparedness and testing. In the event of an avian influenza outbreak in South Carolina, all game fowl breeders and game fowl breeder testing facilities must allow the Department of Health and Environmental Control and the State Veterinarian to conduct avian influenza testing of all game fowl.


CREDIT(S)


HISTORY: 1962 Code § 16-567; 1952 Code § 16-567; 1942 Code § 1445; 1932 Code § 1445; Cr. C. '22 § 386; Cr. C. '12 § 393; Cr. C. '02 § 298; R. S. 257; 1887 (19) 801; 1917 (30) 47; 2006 Act No. 345, § 1, eff June 12, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-660


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-660. Using dry wells for sewerage in towns of 500 or over.


It shall be a misdemeanor for any person to keep, maintain or use a dry well or other wells or privy vaults into which sewerage matter is discharged or received in any city, town or village having a population of not less than five hundred, whether incorporated or unincorporated, when such city, town or village has no public general supply of water for personal and domestic uses. Any person who now has or maintains any such well for the discharge or reception of sewerage matter shall, upon fifteen days' notice from any magistrate that complaint thereof has been made, close up such well and discontinue its use entirely. Any person found guilty of violating this section shall be fined not exceeding one hundred dollars or imprisoned for not exceeding thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-568; 1952 Code § 16-568; 1942 Code § 1488; 1932 Code § 1488; Cr. C. '22 § 432; Cr. C. '12 § 442; 1908 (25) 1117; 1910 (26) 630.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-670


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-670. Record shall be kept by dealers in crossties.


Any person within this State dealing in crossties shall keep a book of record which shall be open to the public and in which shall be legibly written the name of the party or parties from whom crossties are purchased, the number of crossties purchased and the lands or premises from which such crossties are cut or harvested. Any person violating the terms of this section shall be subject to a fine of twenty-five dollars for each offense.


CREDIT(S)


HISTORY: 1962 Code § 16-571; 1952 Code § 16-571; 1942 Code § 1350; 1932 Code § 1350; Cr. C. '22 § 238; 1918 (30) 701.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-680


Effective: December 15, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-680. Secondary metals recycler permit to purchase nonferrous metals; permit to transport and sell nonferrous metals; violations; penalties; records; notice; preemption.


(A) For purposes of this section:


(1) “Fixed site” means a site occupied by a secondary metals recycler as the owner of the site or as a lessee of the site under a lease or other rental agreement providing for occupation of the site by a secondary metals recycler for a total duration of not less than three hundred sixty-four days.


(2) “Nonferrous metals” means metals not containing significant quantities of iron or steel, including, but not limited to, copper wire, cooper clad steel wire, copper pipe, copper bars, copper sheeting, aluminum other than aluminum cans, a product that is a mixture of aluminum and copper, catalytic converters, lead-acid batteries, steel propane gas tanks, and stainless steel beer kegs or containers.


(3) “Secondary metals recycler” means a person or entity who is engaged, from a fixed site or otherwise, in the business of paying compensation for nonferrous metals that have served their original economic purpose, whether or not the person is engaged in the business of performing the manufacturing process by which nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value.


(B)(1) A secondary metals recycler shall obtain a permit to purchase nonferrous metals. A secondary metals recycler's employee is not required to obtain a separate permit to purchase nonferrous metals provided that the employee is acting within the scope and duties of their employment with the secondary metals recycler. A secondary metals recycler's employee who intends to purchase nonferrous metals on behalf of the secondary metals recycler at a location other than a fixed site shall have a copy of the secondary metals recycler's permit readily available for inspection.


(2) If a secondary metals recycler intends to purchase nonferrous metals at a fixed site or fixed sites, the secondary metals recycler shall obtain a permit from the sheriff of the county in which each of the secondary metals recycler's fixed sites are located. The sheriff may issue the permit to the secondary metals recycler, if the secondary metals recycler:


(a) has a fixed site or fixed sites located in the sheriff's county;


(b) has not been convicted of a violation of Section 16-11-523 or this section; and


(c) declares on an application provided by the sheriff that the secondary metals recycler is informed of and will comply with the provisions of this section.


(3) If a secondary metals recycler intends to purchase nonferrous metals at a location other than a fixed site, the secondary metals recycler shall obtain a permit from the sheriff of each county in which the secondary metals recycler intends to purchase nonferrous metals. The sheriff may issue the permit to the secondary metals recycler if the secondary metals recycler:


(a) can sufficiently demonstrate to the sheriff the secondary metals recycler's ability to comply with the provisions of this section;


(b) has not been convicted of a violation of Section 16-11-523 or this section; and


(c) declares on an application provided by the sheriff that the secondary metals recycler is informed of and will comply with the provisions of this section.


(4) The South Carolina Law Enforcement Division shall develop the application and permit in consultation with the state's sheriffs and representatives from the secondary metals recyclers' industry.


(5) A sheriff may investigate a secondary metals recycler's background prior to issuing a permit for purposes of determining if the secondary metals recycler qualifies to be issued a permit.


(6) A sheriff may charge and retain a two hundred dollar fee for each permit.


(7) A sheriff shall keep a record of all permits issued containing, at a minimum, the date of issuance, and the name and address of the secondary metals recycler.


(8) A permit is valid for twenty-four months.


(9) A permit may be denied, suspended, or revoked at any time if a sheriff discovers that the information on an application is inaccurate, a secondary metals recycler does not comply with the requirements of this section, or a secondary metals recycler is convicted of a violation of Section 16-11-523 or this section.


(10) A sheriff shall issue permits during regular business hours.


(C)(1) A person or entity who wants to transport or sell nonferrous metals to a secondary metals recycler shall obtain a permit to transport and sell the nonferrous metals. An entity's employee is not required to obtain a separate permit to transport or sell nonferrous metals provided that the employee is acting within the scope and duties of their employment with the entity. An entity's employee who intends to transport and sell nonferrous metals on behalf of an entity shall have a copy of the entity's permit readily available for inspection.


(2) If a person is a resident of South Carolina or an entity is located in South Carolina, the person or entity shall obtain a permit from the sheriff of the county in which the person resides or has a secondary residence or in which the entity is located or has a secondary business. The sheriff may issue the permit to the person or entity if the:


(a) person resides or has a secondary residence or the entity is located or has a secondary business in the sheriff's county;


(b) person or entity has not been convicted of a violation of Section 16-11-523 or this section; and


(c) person or entity declares on an application provided by the sheriff that the person or entity is informed of and will comply with the provisions of this section.


(3) If a person is not a resident of South Carolina or an entity is not located in South Carolina, the person or entity shall obtain a permit from any sheriff of any county. The sheriff may issue the permit to the person or entity if the:


(a) person is not a resident of South Carolina or the entity is not located in South Carolina;


(b) person or entity has not been convicted of a violation of Section 16-11-523 or this section; and


(c) person or entity declares on an application provided by the sheriff that the person or entity is informed of and will comply with the provisions of this section.


(4) The South Carolina Law Enforcement Division shall develop the application and permit in consultation with the state's sheriffs and representatives of the secondary metals recyclers' industry.


(5) A sheriff may investigate a person or entity's background prior to issuing a permit for purposes of determining if the person or entity qualifies to be issued a permit.


(6) A sheriff may not charge a fee for a permit. A sheriff may charge a ten dollar fee to replace a permit that has been lost or destroyed. If the original permit is later found by the person or entity, the person or entity must turn the original permit into the sheriff or destroy the original permit.


(7) A sheriff shall keep a record of all permits issued containing, at a minimum, the date of issuance, the name and address of the person or entity, a photocopy of the person's identification or of the employee's identification, and the person's photograph or the entity's employee's photograph.


(8) A permit is valid statewide and expires on the person's birth date on the second calendar year after the calendar year in which the permit is issued, or, if the permittee is an entity, the permit expires on the date of issuance on the second calendar year after the calendar year in which the permit is issued.


(9) A permit may be denied, suspended, or revoked at any time if a sheriff discovers that the information on an application is inaccurate, a person or entity does not comply with the requirements of this section, or a person or entity is convicted of a violation of Section 16-11-523 or this section.


(10)(a) It is unlawful for a person or entity to obtain a permit to transport and sell nonferrous metals for the purpose of transporting or selling stolen nonferrous metals.


(b) A person who violates a provision of this subitem is guilty of a felony, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The person or entity's permit must be revoked.


(11) A sheriff shall issue permits during regular business hours.


(D)(1) It is unlawful to purchase nonferrous metals in any amount for the purpose of recycling the nonferrous metals from a seller unless the purchaser is a secondary metals recycler who has a valid permit to purchase nonferrous metals issued pursuant to subsection (B) and the seller has a valid permit to transport and sell nonferrous metals issued pursuant to subsection (C). A secondary metals recycler may hold a seller's nonferrous metals while the seller obtains a permit to transport and sell nonferrous metals pursuant to subsection (C).


(2) A secondary metals recycler shall maintain a record containing, at a minimum, the date of purchase, the name and address of the seller, a photocopy of the seller's identification, a photocopy of the seller's permit to transport and sell nonferrous metals, if applicable, the license plate number of the seller's motor vehicle, if available, the seller's photograph, the weight and size or other description of the nonferrous metals purchased, the amount paid for the nonferrous metals, and a signed statement from the seller stating that the seller is the rightful owner or is entitled to sell the nonferrous metals being sold. If the secondary metals recycler has the seller's photograph on file, the secondary metals recycler may reference the photograph on file without making a photograph for each transaction; however, the secondary metals recycler shall update the seller's photograph on an annual basis. A secondary metals recycler may use a video of the seller in lieu of a photograph provided the secondary metals recycler maintains the video for at least one hundred twenty days. A secondary metals recycler may maintain a record in an electronic database provided that the information is legible and can be accessed by law enforcement upon request.


(3) All nonferrous metals that are purchased by and are in the possession of a secondary metals recycler and all records required to be kept by this section must be maintained and kept open for inspection by law enforcement officials or local and state governmental agencies during regular business hours. The records must be maintained for one year from the date of purchase.


(4) A secondary metals recycler shall not enter into a cash transaction in payment for the purchase of copper, catalytic converters, and beer kegs. Payment for the purchase of copper, catalytic converters, and beer kegs must be made by check alone issued and made payable to the seller. A secondary metals recycler shall neither cash a check issued pursuant to this item nor use an automated teller machine (ATM) or other cash card system in lieu of a check.


(5) A secondary metals recycler shall prominently display a twenty-inch by thirty-inch sign in the secondary metals recycler's fixed site that states: “NO NONFERROUS METALS, INCLUDING COPPER, MAY BE PURCHASED BY A SECONDARY METALS RECYCLER FROM A SELLER UNLESS THE SELLER IS A HOLDER OF A RETAIL LICENSE, AN AUTHORIZED WHOLESALER, A CONTRACTOR LICENSED PURSUANT TO ARTICLE 1, CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, A GAS, ELECTRIC, COMMUNICATIONS, WATER, PLUMBING, ELECTRICAL, OR CLIMATE CONDITIONING SERVICE PROVIDER, OR THE SELLER PRESENTS THE SELLER'S VALID PERMIT TO TRANSPORT AND SELL NONFERROUS METALS ISSUED PURSUANT TO SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976.”


(6) A purchaser who violates a provision of this subsection:


(a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days;


(b) for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than one year, or both; and


(c) for a third offense or subsequent offense, is guilty of a misdemeanor, and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both. For an offense to be considered a third or subsequent offense, only those offenses that occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute a prior offense within the meaning of this subsection.


If the purchaser obtained a permit to purchase nonferrous metals pursuant to subsection (B), the permit must be revoked.


(E)(1)(a) It is unlawful to sell nonferrous metals in any amount to a secondary metals recycler unless the secondary metals recycler has a valid permit to purchase nonferrous metals issued pursuant to subsection (B) and the seller has a valid permit to transport and sell nonferrous metals issued pursuant to subsection (C).


(b) A seller who violates a provision of this subitem:


(i) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both;


(ii) for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than five hundred dollars or imprisoned not more than three years, or both; and


(iii) for a third or subsequent offense, is guilty of a felony, and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than five years, or both.


If the seller obtained a permit to transport and sell nonferrous metals pursuant to subsection (C), the permit must be revoked.


(2)(a) It is unlawful to purchase or otherwise acquire nonferrous metals in any amount from a seller who does not have a valid permit to transport and sell nonferrous metals issued pursuant to subsection (C) with the intent to resell the nonferrous metals in any amount to a secondary metals recycler using the purchaser's valid permit to transport and sell nonferrous metals issued pursuant to subsection (C).


(b) A purchaser who violates a provision of this subitem is guilty of a felony, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The purchaser's permit must be revoked.


(F)(1) When a law enforcement officer has reasonable cause to believe that any item of nonferrous metal in the possession of a secondary metals recycler has been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice must be in writing, be delivered to the secondary metals recycler, specifically identify those items of nonferrous metal that are believed to have been stolen and that are subject to the notice, and inform the secondary metals recycler of the information contained in this subsection. Upon receipt of the notice, the secondary metals recycler must not process or remove the items of nonferrous metal identified in the notice, or any portion thereof, from the secondary metal recycler's fixed site for fifteen calendar days after receipt of the notice unless released prior to the fifteen-day period by the law enforcement officer.


(2) No later than the expiration of the fifteen-day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice must be in writing, be delivered to the secondary metals recycler, specifically identify those items of nonferrous metal that are believed to have been stolen and that are subject to the extended hold notice, and inform the secondary metals recycler of the information contained in this subsection. Upon receipt of the extended hold notice, the secondary metals recycler must not process or remove the items of nonferrous metal identified in the notice, or any portion thereof, from the secondary metals recycler's fixed site for thirty calendar days after receipt of the extended hold notice unless released prior to the thirty-day period by the law enforcement officer.


(3) At the expiration of the hold period or, if extended, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the nonferrous metals unless other disposition has been ordered by a court of competent jurisdiction.


(4) A secondary metals recycler who violates a provision of this subsection:


(a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days;


(b) for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than one year, or both; and


(c) for a third or subsequent offense, is guilty of a misdemeanor, and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both. For an offense to be considered a third or subsequent offense, only those offenses that occurred within a period of ten years, including and immediately preceding the date of the last offense shall constitute a prior offense within the meaning of this subsection.


The secondary metals recycler's permit to purchase nonferrous metals issued pursuant to subsection (B) must be revoked.


(G)(1) It is unlawful to transport nonferrous metals in a vehicle or have nonferrous metals in a person's possession in a vehicle on the highways of this State.


(2) Subsection (G)(1) does not apply if:


(a) the person can present a valid permit to transport and sell nonferrous metals issued pursuant to subsection (C); or


(b) the person can present a valid bill of sale for the nonferrous metals.


(3) If a law enforcement officer determines that one or more of the exceptions listed in subsection (G)(2) applies, or the law enforcement officer determines that the nonferrous metals are not stolen goods and are in the rightful possession of the person, the law enforcement officer shall not issue a citation for a violation of this subsection.


(4) A person who violates a provision of subsection (G)(1):


(a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days;


(b) for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both; and


(c) for a third or subsequent offense, is guilty of a misdemeanor, and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both. For an offense to be considered a third or subsequent offense, only those offenses that occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute a prior offense within the meaning of this subsection.


(5) If a person transports nonferrous metals that the person knows are stolen in a vehicle or has in the person's possession in a vehicle on the highways of this State nonferrous metals that the person knows are stolen, is operating a vehicle used in the ordinary course of business to transport nonferrous metals that the person knows are stolen, presents a valid or falsified permit to transport and sell nonferrous metals that the person knows are stolen, or presents a valid or falsified bill of sale for nonferrous metals that the person knows to be stolen, the person is guilty of a felony, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. If the person obtained a permit to transport and sell nonferrous metals pursuant to subsection (C), the permit must be revoked.


(H) For purposes of this section, the only acceptable identification is a valid:


(1) South Carolina driver's license issued by the Department of Motor Vehicles;


(2) South Carolina identification card issued by the Department of Motor Vehicles;


(3) driver's license from another state that contains the licensee's picture on the face of the license; or


(4) military identification card.


(I) A secondary metals recycler must not purchase or otherwise acquire an iron or steel:


(1) manhole cover; or


(2) drainage grate.


(J)(1) Except as provided in item (2), the provisions of this section do not apply to:


(a) the purchase or sale of aluminum cans;


(b) a transaction between a secondary metals recycler and another secondary metals recycler;


(c) a governmental entity;


(d) a manufacturing or industrial vendor that generates or sells regulated metals in the ordinary course of its business;


(e) a holder of a retail license, an authorized wholesaler, an automobile demolisher as defined in Section 56-5-5810(d), a contractor licensed pursuant to Chapter 11, Title 40, a residential home builder licensed pursuant to Chapter 59, Title 40, a demolition contractor, a provider of gas service, electric service, communications service, water service, plumbing service, electrical service, climate conditioning service, core recycling service, appliance repair service, automotive repair service, or electronics repair service; or


(f) organizations, corporations, or associations registered with the State as charitable organizations or any nonprofit corporation.


(2) An exempted entity listed in item (1) is subject to the provisions of subsection (C)(10) and subsection (G)(5).


A secondary metals recycler shall maintain a record of transactions involving exempted entities listed in item (1) pursuant to subsection (D) and is subject to the penalty provisions of subsection (D)(6). Any item of nonferrous metals acquired from an exempted entity listed in item (1) is subject to a hold notice pursuant to subsection (F).


(K) This section preempts local ordinances and regulations governing the purchase, sale, or transportation of nonferrous metals in any amount, except to the extent that such ordinances pertain to zoning or business license fees. Political subdivisions of the State may not enact ordinances or regulations more restrictive than those contained in this section.


CREDIT(S)


HISTORY: 1962 Code § 16-571.1; 1967 (55) 371; 1974 (58) 2627; 1975 (59) 207; 1993 Act No. 105, § 1; 1996 Act No. 459, § 29; 2007 Act No. 97, § 1, eff June 14, 2007; 2008 Act No. 260, § 1, eff June 4, 2008; 2009 Act No. 26, § 2, eff June 2, 2009; 2011 Act No. 68, § 2, eff August 17, 2011; 2012 Act No. 242, § 2, eff December 15, 2012.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-685


Effective: August 17, 2011


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-685. Repealed by 2011 Act No. 68, § 3, eff Aug. 17, 2011.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-690


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-690. Fortunetelling for purpose of promoting another business.


It shall be unlawful to engage in the business, trade or profession of fortunetelling, palmistry, phrenology, clairvoyance or the prediction of future events by cards or other means or to offer to tell fortunes or predict future events by palmistry, astrology, clairvoyance, cards or other means as an inducement to promote some other business, trade or profession. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not less than fifteen nor more than thirty days.


CREDIT(S)


HISTORY: 1962 Code § 16-572; 1952 Code § 16-572; 1945 (44) 60.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-700


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-700. Tattooing.


It is unlawful for a person to tattoo any part of the body of another person unless the tattoo artist meets the requirements of Chapter 34 of Title 44. However, it is not unlawful for a licensed physician or surgeon to tattoo part of the body of a person of any age if in the physician's or surgeon's medical opinion it is necessary or appropriate; and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners.


A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned not more than one year, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-574; 1966 (54) 2331; 1986 Act No. 395; 1993 Act No. 184, § 187; 2004 Act No. 250, § 2, eff June 17, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-710


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-710. Resale of ticket to event; price restriction; exceptions; penalties.


(A) A person or entity who offers for resale or resells a ticket for admission to an event must request or receive no more than one dollar above the price charged by the original ticket seller.


(B) This section does not apply to an open market event ticket offered for resale through an internet website or at a permitted physical location when the person or entity reselling the ticket guarantees to the ticket buyer a full refund of the amount paid for the ticket if:


(1) the event is cancelled, except that ticket delivery and processing charges are not required to be refunded if disclosed in the guarantee;


(2) the buyer is denied admission to the event, unless the denial is due to the act or omission of the buyer; or


(3) the ticket is not delivered to the buyer and the failure results in the buyer's inability to use the ticket to attend the event.


(C) For purposes of this section, the term “open market event ticket” means a ticket to an event other than an event sponsored by or taking place at a venue owned by an institution of higher education. An institution of higher education may designate a ticket as an open market event ticket if the institution approves the resale of the ticket prior to the initial sale or delivery of the ticket and issues a public statement or notice authorizing the resale of the ticket.


(D) For purposes of this section, the term “permitted physical location” is a physical geographic location that is either:


(1) on property not owned by the owner of the venue of the ticketed event or on public property even if the property is the venue of the ticketed event subject to reasonable restrictions or conditions imposed by the owner to protect the safety and welfare of attendees of the ticketed event; or


(2) on private property owned by the owner of the venue of the ticketed event if the owner expressly authorizes in writing such resales to occur on the property. The owner may provide specific locations on the property for resales to occur and provide for any conditions for resales on the property.


(E) A person or entity who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.


(F) The resale or offer for resale of each ticket constitutes a separate offense.


CREDIT(S)


HISTORY: 1962 Code § 16-575; 1968 (55) 2692; 1977 Act No. 64; 2006 Act No. 367, § 2, eff June 9, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-720


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-720. Impersonating law-enforcement officer.


It shall be unlawful for any person other than a duly authorized law-enforcement officer to represent to any person that he is a law-enforcement officer and, acting upon such representation, to arrest or detain any person, search any building or automobile or in any way impersonate a law-enforcement officer or act in accordance with the authority commonly given to such officers. Nothing in this section shall be construed to prohibit a private citizen from making a citizen's arrest in accordance with the laws of this State.


Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned for not more than one year.


CREDIT(S)


HISTORY: 1962 Code § 16-576; 1969 (56) 157.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-722


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-722. Filing of false police reports; knowledge; offense; penalties.


(A) It is unlawful for a person to knowingly file a false police report.


(B) A person who violates subsection (A) by falsely reporting a felony is guilty of a felony and upon conviction must be imprisoned for not more than five years or fined not more than one thousand dollars, or both.


(C) A person who violates subsection (A) by falsely reporting a misdemeanor is guilty of a misdemeanor and must be imprisoned not more than thirty days or fined not more than five hundred dollars, or both.


(D) In imposing a sentence under this section, the judge may require the offender to pay restitution to the investigating agency to offset costs incurred in investigating the false police report.


CREDIT(S)


HISTORY: 1998 Act No. 349, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-725


Effective: April 2, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-725. Making false complaint to law enforcement officer; giving false information to rescue squad or fire department; misrepresenting identity to law enforcement officer during traffic stop or to avoid arrest or criminal charge.


(A) It is unlawful for a person to knowingly make a false complaint to a law enforcement officer concerning the alleged commission of a crime by another, or for a person to knowingly give false information to a rescue squad or fire department concerning the alleged occurrence of a health emergency or fire.


(B) It is unlawful for a person to misrepresent his identification to a law enforcement officer during a traffic stop or for the purpose of avoiding arrest or criminal charges.


(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.


CREDIT(S)


HISTORY: 1985 Act No. 87; 2008 Act No. 191, § 1, eff April 2, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-730


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-730. Charges for political advertisements in newspapers.


No newspaper in this State shall charge more for a political advertisement than the local prevailing rate for a commercial advertisement and payment for such advertisement shall be under the same terms and conditions as payment for a commercial advertisement. Any newspaper violating the provisions of this section shall, upon conviction, be fined not more than one hundred dollars for each violation.


CREDIT(S)


HISTORY: 1977 Act No. 146 § 4.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-735


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-735. Persons impersonating officials or law enforcement officers; persons falsely asserting authority of law; offenses; punishment.


(A) It is unlawful for a person to impersonate a state or local official or employee or a law enforcement officer in connection with a sham legal process. A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor if, knowing that his conduct is illegal, he:


(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights; or


(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity.


A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.


(B) It is unlawful for a person falsely to assert authority of state law in connection with a sham legal process. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.


(C) It is unlawful for a person to act without authority under state law as a Supreme Court Justice, a court of appeals judge, a circuit court judge, a master-in-equity, a family court judge, a probate court judge, a magistrate, a clerk of court or register of deeds, a commissioned notary public, or other authorized official in determining a controversy, adjudicating the rights or interests of others, or signing a document as though authorized by state law. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.


(D) It is unlawful for a person falsely to assert authority of law, in an attempt to intimidate or hinder a state or local official or employee or law enforcement officer in the discharge of official duties, by means of threats, harassment, physical abuse, or use of a sham legal process. A person violating this subsection is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not less than one year and not more than three years, or both.


(E) For purposes of this section:


(1) “Law enforcement officer” is as defined in Section 16-9-310.


(2) “State or local official or employee” means an appointed or elected official or an employee of a state agency, board, commission, department, in a branch of state government, institution of higher education, other school district, political subdivision, or other unit of government of this State.


(3) “Sham legal process” means the issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, which purports to:


(a) be a summons, subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this State, a law enforcement officer, or a legislative, executive, or administrative agency established by state law;


(b) assert jurisdiction or authority over or determine or adjudicate the legal or equitable status, rights, duties, powers, or privileges of a person or property; or


(c) require or authorize the search, seizure, indictment, arrest, trial, or sentencing of a person or property.


(4) “Lawfully issued” means adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the United States, a state, an agency, or a political subdivision of a state.


CREDIT(S)


HISTORY: 1998 Act No. 385, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-740


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-740. Sale or possession of “cigarette load”; penalty.


It is unlawful for any person to sell or possess a novelty device commonly known as a “cigarette load” which may cause a cigarette or cigar to blow up or explode after being lit.


Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed two hundred dollars or by a term of imprisonment not to exceed thirty days.


CREDIT(S)


HISTORY: 1983 Act No. 19.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-750


Effective: January 1, 2012


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-750. Failure to carry certificate of alien registration or alien registration receipt care; penalty.


(A) It is unlawful for a person eighteen years of age or older to fail to carry in the person's personal possession any certificate of alien registration or alien registration receipt card issued to the person pursuant to 8 U.S.C. Section 1304 while the person is in this State.


(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.


CREDIT(S)


HISTORY: 2011 Act No. 69, § 5, eff January 1, 2012.


VALIDITY


<For validity of this section, see U.S. v. South Carolina, 840 F.Supp.2d 898 (D.S.C. December 22, 2011).>



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-10. Setting up lotteries.


Whoever shall publicly or privately erect, set up, or expose to be played or drawn at or shall cause or procure to be erected, set up, or exposed to be played, drawn, or thrown at any lottery under the denomination of sales of houses, lands, plate, jewels, goods, wares, merchandise, or other things whatsoever or for money or by any undertaking whatsoever, in the nature of a lottery, by way of chances, either by dice, lots, cards, balls, numbers, figures, or tickets or who shall make, write, print or publish, or cause to be made, written, or published any scheme or proposal for any of the purposes aforesaid is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars and imprisoned for one year. One-third of the fine imposed shall be paid to the person, if any, who informed law enforcement officials or other appropriate authorities about the violation which led to the conviction. Each violation constitutes a separate offense.


CREDIT(S)


HISTORY: 1962 Code § 16-501; 1952 Code § 16-501; 1942 Code § 1231; 1932 Code § 1231; Cr. C. '22 § 123; Cr. C. '12 § 259; Cr. C. '02 § 199; G. S. 2596; R. S. 185; 1762 (4) 180; 1996 Act No. 292, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-20. Adventuring in lotteries.


Whoever shall be adventurer in or shall pay any moneys or other consideration or shall in any way contribute unto or upon account of any sales or lotteries shall forfeit for every such offense the sum of one hundred dollars to be recovered with costs of suit, by action or indictment in any court of competent jurisdiction in this State, one moiety thereof to and for the use of the State and the other moiety thereof to the person who shall inform and sue for the same.


CREDIT(S)


HISTORY: 1962 Code § 16-502; 1952 Code § 16-502; 1942 Code § 1232; 1932 Code § 1232; Cr. C. '22 § 124; Cr. C. '12 § 260; Cr. C. '02 § 200; G. S. 2597; R. S. 186; 1762 (4) 180.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-30. Selling lottery tickets.


It shall be unlawful to offer for sale any lottery tickets or to open or keep any office for the sale of lottery tickets, and if any person shall offend against any of the provisions of this section he shall, on conviction thereof, forfeit and pay to the State a sum not exceeding ten thousand dollars. The county treasurer of the county in which such offense occurs shall prosecute the offender.


CREDIT(S)


HISTORY: 1962 Code § 16-503; 1952 Code § 16-503; 1942 Code § 1233; 1932 Code § 1233; Cr. C. '22 § 125; Cr. C. '12 § 261; Cr. C. '02 § 201; G. S. 2598; R. S. 187; 1846 (11) 368.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-40. Unlawful games and betting.


If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts, or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts, or whist or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place, or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense.


CREDIT(S)


HISTORY: 1962 Code § 16-504; 1952 Code § 16-504; 1942 Code § 1738; 1932 Code § 1738; Cr. C. '22 § 720; Cr. C. '12 § 704; Cr. C. '02 § 506; G. S. 1715; R. S. 391; 1802 (5) 432; 1816 (6) 27; 1909 (26) 66; 1999 Act No. 125, § 5.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-50. Keeping unlawful gaming tables.


Any person who shall set up, keep, or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes except the games of billiards, bowls, chess, draughts, and backgammon, upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-505; 1952 Code § 16-505; 1942 Code § 1739; 1932 Code § 1739; Cr. C. '22 § 721; Cr. C. '12 § 705; Cr. C. '02 § 507; G. S. 1716; R. S. 392; 1816 (6) 27; 1999 Act No. 125, § 7.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-70


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-70. Keeping gaming tables open or playing games on the Sabbath.


Whoever shall keep or suffer to be kept any gaming table or permit any game or games to be played in his house on the Sabbath day, on conviction thereof before any court having jurisdiction, shall be fined in the sum of fifty dollars, to be sued for on behalf of, and to be recovered for the use of, the State.


CREDIT(S)


HISTORY: 1962 Code § 16-506; 1952 Code § 16-506; 1942 Code § 1748; 1932 Code § 1748; Cr. C. '22 § 729; Cr. C. '12 § 714; Cr. C. '02 § 516; G. S. 2592; R. S. 402; 1790 (5) 350.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-80


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-80. Forfeiture of wagers.


All and every sum or sums of money staked, betted or pending on the event of any such game or games as aforesaid are hereby declared to be forfeited.


CREDIT(S)


HISTORY: 1962 Code § 16-507; 1952 Code § 16-507; 1942 Code § 1741; 1932 Code § 1741; Cr. C. '22 § 723; Cr. C. '12 § 707; Cr. C. '02 § 509; G. S. 1718; R. S. 394; 1816 (6) 28; 1909 (26) 67.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-90


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-90. Betting on elections.


Any person who shall make any bet or wager of money or wager of any other thing of value or shall have any share or part in any bet or wager of money or wager of any other thing of value upon any election in this State shall be guilty of a misdemeanor and, upon conviction, shall be fined in a sum not exceeding five hundred dollars and be imprisoned not exceeding one month.


CREDIT(S)


HISTORY: 1962 Code § 16-508; 1952 Code § 16-508; 1942 Code § 1740; 1932 Code §§ 1412, 1740; Cr. C. '22 §§ 347, 722; Cr. C. '12 §§ 358, 706; Cr. C. '02 §§ 271, 508; G. S. 1717, 2546; R. S. 235, 393; 1850 (12) 72; 1909 (26) 67.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-100


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-100. Imprisonment in case of conviction.


Upon conviction of any person under any of the provisions of §§ 16-19-40, 16-19-50 or 16-19-90, the court before whom such conviction shall take place shall commit such offender to the common jail of the county in which such conviction shall happen for a period not exceeding the time for which such offender has been sentenced, unless such offender shall sooner pay the fine or fines herein imposed, together with the cost of prosecution.


CREDIT(S)


HISTORY: 1962 Code § 16-512; 1952 Code § 16-512; 1942 Code § 1744; 1932 Code § 1744; Cr. C. '22 § 726; Cr. C. '12 § 711; 1909 (26) 67.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-110


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-110. Exoneration for becoming State's evidence.


Any person who might be subject or liable to the fines and penalties imposed herein, either for gaming at or keeping a gaming table or tables, shall, upon being permitted by the circuit solicitor to become evidence in behalf of the State, be freed and exonerated from the same.


CREDIT(S)


HISTORY: 1962 Code § 16-513; 1952 Code § 16-513; 1942 Code § 1744; 1932 Code § 1744; Cr. C. '22 § 726; Cr. C. '12 § 711; 1909 (26) 67.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-120


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-120. Officers shall destroy gambling devices after confiscation.


All officers of the law in whose care, possession or keeping may be placed any gambling or gaming machine or device of any kind whatsoever or any gambling or gaming punchboard of any kind or description whatsoever which has been confiscated for violation of any criminal law or laws of this State shall immediately after conviction of the violator of the law destroy the same.


CREDIT(S)


HISTORY: 1962 Code § 16-514; 1952 Code § 16-514; 1942 Code § 1747; 1932 Code § 1747; 1923 (33) 123.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-130


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-130. Betting, pool selling, bookmaking and the like are prohibited.


Any person within this State who:


(1) Engages in betting at any race track, pool selling or bookmaking, with or without writing, at any time or place;


(2) Keeps or occupies any room, shed, tenement, booth, building, float or vessel, or any part thereof, or occupies any place or stand of any kind upon any public or private grounds within this State with books, papers, apparatus or paraphernalia for the purpose of recording or registering bets or wagers or of selling pools;


(3) Records or registers bets or wagers or sells pools or makes books, with or without writing, upon the result of any (a) trial or contest of skill, speed or power of endurance of man or beast, (b) political nomination, appointment or election or (c) lot, chance, casualty, unknown or contingent event whatsoever;


(4) Receives, registers, records or forwards or purports or pretends to receive, register, record or forward, in any manner whatsoever, any money, thing or consideration of value bet or wagered or offered for the purpose of being bet or wagered by or for any other person or sells pools upon any such result;


(5) Being the owner, lessee or occupant of any room, shed, tenement, tent, booth, building, float or vessel, or part thereof, or of any grounds within this State knowingly permits the same to be used or occupied for any of these purposes or therein keeps, exhibits or employs any device or apparatus for the purpose of recording or registering such bets or wagers or the selling of such pools or becomes the custodian or depository for gain, hire or reward of any money, property or thing of value staked, wagered or pledged or to be wagered or pledged upon any such result; or


(6) Aids, assists or abets in any manner in any of the aforesaid acts, which are hereby forbidden;


Shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one thousand dollars or imprisonment not exceeding six months, or both fine and imprisonment, in the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-515; 1952 Code § 16-515; 1942 Code § 1749; 1932 Code § 1749; Cr. C. '22 § 730; 1912 (27) 713.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-140


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-140. Violation of § 16-19-130 constitutes a nuisance.


The violation of any of the provisions of § 16-19-130 shall be deemed a common nuisance.


CREDIT(S)


HISTORY: 1962 Code § 16-516; 1952 Code § 16-516; 1942 Code § 1749; 1932 Code § 1749; Cr. C. '22 § 730; 1912 (27) 713.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-150


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-150. Punishment of offense covered by § 16-19-40.


Notwithstanding the provisions of §§ 16-19-130 and 16-19-140, wherever the offense is covered by § 16-19-40, the punishment there provided shall be imposed, it being the intention to leave the jurisdiction of such gambling as is there specifically prohibited in the courts now having jurisdiction of the same.


CREDIT(S)


HISTORY: 1962 Code § 16-517; 1952 Code § 16-517; 1942 Code § 1749; 1932 Code § 1749; Cr. C. '22 § 730; 1912 (27) 713.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-19-160


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 19. Gambling and Lotteries

§ 16-19-160. Punchboards for gaming.


It shall be unlawful for any person to use or offer for use any punchboards or other kinds of boards with numbers concealed thereon for the purpose of gaming or chance in this State. Any person violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars nor more than twenty-five dollars or imprisoned not less than five days nor more than thirty days, or both, at the discretion of the court; provided, that for the second or third offense hereunder the fine shall not be less than twenty-five dollars nor more than one hundred dollars or imprisonment on the public works of the county for a period not exceeding three months.


CREDIT(S)


HISTORY: 1962 Code § 16-518; 1952 Code § 16-518; 1942 Code § 1749-1; 1932 Code § 1749-A; Cr. C. '22 § 731; 1918 (30) 728.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-10. Altering, forging or counterfeiting certificate of title, registration card or license plate; misrepresentation or concealment in application.


(A) It is unlawful for a person to:


(1) alter, forge, or counterfeit a certificate of title, registration card, or license plate;


(2) alter or forge an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or on a form the department prescribes;


(3) possess or use a certificate of title, registration card, or license plate, knowing it to have been altered, forged, or counterfeited; or


(4) use a false or fictitious name or address, make a material false statement, fail to disclose a security interest, or conceal any other material fact in an application for a certificate of title or for registration.


(B) A person violating the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years.


CREDIT(S)


HISTORY: 1962 Code § 46-150.81; 1957 (50) 595; 1960 (51) 1602; 1993 Act No. 184, § 38.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-20. Permitting misuse of certificate of title, registration card or license plate; failing to deliver certificate or application; fraudulent application.


A person is guilty of a misdemeanor who:


(1) with fraudulent intent, permits another to use or have possession of a certificate of title, registration card, or license plate who is not entitled to it;


(2) wilfully fails to mail or deliver a certificate of title or application to the department within forty-five days after the time required by Chapter 19 of Title 56;


(3) wilfully fails to deliver to his transferee a certificate of title within forty-five days after the time required by Chapter 19 of Title 56; or


(4) commits a fraud in an application for a title or registration.


CREDIT(S)


HISTORY: 1962 Code § 46-150.82; 1957 (50) 595; 1995 Act No. 42, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-30. Lending certificate of title.


No person shall lend to another any certificate of title issued to him if the person desiring to borrow the certificate would not be entitled to the use thereof, nor shall any person knowingly permit the use of any such certificate by one not entitled thereto. Any violation of this section is a misdemeanor.


CREDIT(S)


HISTORY: 1962 Code § 46-150.83; 1957 (50) 595.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-40. Removing or falsifying identification number of vehicle or engine; buying, receiving or selling such vehicle or engine.


(A) A person who:


(1) wilfully removes or falsifies an identification number of a vehicle or an engine for a vehicle is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.


(2) wilfully and with intent to conceal or misrepresent the identity of a vehicle or engine removes or falsifies an identification number of the vehicle or engine is guilty of a felony and, upon conviction, must be imprisoned not more than five years.


(3) buys, receives, possesses, sells, or disposes of a vehicle or an engine for a vehicle, knowing that an identification number of the vehicle or engine has been removed or falsified, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.


(4) buys, receives, possesses, sells, or disposes of a vehicle or an engine for a vehicle, with knowledge that an identification number of the vehicle or engine has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or engine, is guilty of a felony and, upon conviction, must be imprisoned not more than five years.


(B) An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the department without violating this section. An identification number so placed or restored is not falsified.


(C) As used in this section:


(1) “Identification number” includes an identifying number, serial number, engine number, or other distinguishing number or mark, placed on a vehicle or engine by its manufacturer or by authority of the department or in accordance with the laws of another state or country;


(2) “Remove” includes deface, cover, and destroy; and


(3) “Falsify” includes alter and forge.


CREDIT(S)


HISTORY: 1962 Code § 46-150.84; 1957 (50) 595; 1960 (51) 1602; 1993 Act No. 184, § 39.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-50. Removing or affixing license plates to conceal or misrepresent identity of vehicle or owner.


A person who removes a license plate from a vehicle or affixes to a vehicle a license plate not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of a misdemeanor. As used in this section “remove” includes deface, cover and destroy.


CREDIT(S)


HISTORY: 1962 Code § 46-150.85; 1957 (50) 595.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-60. Use of vehicle without permission.


(A) It is unlawful for a person not entitled to possession of a vehicle to take, use, or drive a vehicle, without the consent of the owner and with intent to deprive him, temporarily or otherwise, of the vehicle or its possession.


A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.


(B) But if the deprivation of the owner was for a temporary purpose only, unconnected with the commission of or intent to commit a crime other than the taking of the vehicle, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.


CREDIT(S)


HISTORY: 1962 Code § 46-150.86; 1957 (50) 595; 1960 (51) 1602; 1971 (57) 914; 1993 Act No. 184, § 188.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-70


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-70. Use of bicycle or certain other vehicles without permission.


Whoever knowingly and wilfully shall take and use any bicycle or other vehicle, except as defined in § 56-19-10, without the consent of the owner thereof, but without intent to steal such vehicle, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than one year or both fine and imprisonment, in the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 46-150.87; 1952 Code § 46-803; 1942 Code § 1209; 1932 Code § 1209; Cr. C. '22 § 97; Cr. C. '12 § 228; Cr. C. '02 § 175; R. S. 170; 1883 (18) 434; 1917 (30) 43-47; 1957 (50) 595.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-80


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-80. Receiving, possessing, concealing, selling, or disposing of stolen vehicle.


A person not entitled to the possession of a vehicle who receives, possesses, conceals, sells, or disposes of it, knowing it to be stolen or converted under circumstances constituting a crime, is guilty of a:


(1) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the vehicle is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both;


(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the vehicle is more than two thousand dollars but less than ten thousand dollars;


(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the vehicle is ten thousand dollars or more.


CREDIT(S)


HISTORY: 1962 Code § 46-150.88; 1957 (50) 595; 1960 (51) 1602; 1993 Act No. 184, § 120; 2010 Act No. 273, § 16.X, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-90


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-90. Damaging or tampering with vehicle.


A person who, with intent and without right to do so, damages a vehicle or damages or removes any of its parts or components is guilty of a misdemeanor.


A person who, without right to do so and with intent to commit a crime, tampers with a vehicle or goes in or on it or works or attempts to work any of its parts or components or sets or attempts to set it in motion is guilty of a misdemeanor.


CREDIT(S)


HISTORY: 1962 Code § 46-150.89; 1957 (50) 595.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-100


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-100. False reports of stolen or converted vehicles.


A person who knowingly makes a false report of the theft or conversion of a vehicle to a peace officer or to the Department is guilty of a misdemeanor.


CREDIT(S)


HISTORY: 1962 Code § 46-150.90; 1957 (50) 595.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-110


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-110. Failing to report unclaimed vehicle in garage, repair shop and the like.


A person who fails to report a vehicle as unclaimed in accordance with § 56-19-840 is guilty of a misdemeanor and punishable by a fine of not more than twenty-five dollars.


CREDIT(S)


HISTORY: 1962 Code § 46-150.91; 1957 (50) 595.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-120


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-120. Other violations.


A person is guilty of a misdemeanor who wilfully violates any other provision of Chapter 19 of Title 56, except as otherwise provided therein.


CREDIT(S)


HISTORY: 1962 Code § 46-150.92; 1957 (50) 595.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-130


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-130. Penalties.


A person who violates the provisions of this chapter, except as specifically provided, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.


CREDIT(S)


HISTORY: 1962 Code § 46-150.93; 1957 (50) 595; 1960 (51) 1602; 1971 (57) 914; 1993 Act No. 184, § 40.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-140


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-140. Accessories, aiders or abettors.


A person who, whether present or absent, aids, abets, induces, procures, or causes the commission of an act under a provision of this chapter is guilty of the principal offense and must be punished accordingly.


CREDIT(S)


HISTORY: 1962 Code § 46-150.94; 1957 (50) 595; 1960 (51) 1602; 1993 Act No. 184, § 41.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-21-150


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 21. Offenses Involving Motor Vehicle Titles

§ 16-21-150. Admissibility of evidence of prior similar acts.


In a prosecution for a crime specified in this chapter evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge.


CREDIT(S)


HISTORY: 1962 Code § 46-150.95; 1957 (50) 595.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 1. Handguns

§ 16-23-10. Definitions.


When used in this article:


(1) “Handgun” means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.


(2) “Dealer” means any person engaged in the business of selling firearms at retail or any person who is a pawnbroker.


(3) “Crime of violence” means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.


(4) “Fugitive from justice” means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.


(5) “Subversive organization” means any group, committee, club, league, society, association, or combination of individuals the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure, or overthrow of the government of the United States or any state or political subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing.


(6) “Conviction”' as used herein shall include pleas of guilty, pleas of nolo contendere, and forfeiture of bail.


(7) “Division” means the State Law Enforcement Division.


(8) “Purchase” or “sell” means to knowingly buy, offer to buy, receive, lease, rent, barter, exchange, pawn or accept in pawn.


(9) “Person” means any individual, corporation, company, association, firm, partnership, society, or joint stock company.


(10) “Luggage compartment” means the trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term “luggage compartment” refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term “luggage compartment” refers to the area behind, but not under, the rearmost seat. In a truck, the term “ luggage compartment” refers to the area behind the rearmost seat, but not under the front seat.


CREDIT(S)


HISTORY: 1962 Code § 16-129; 1965 (54) 578; 1975 (59) 582; 1976 Act No. 685 §§ 1-3; 2004 Act No. 294, § 1, eff August 16, 2004.



Current through End of 2012 Reg. Sess.




Code 1976 § 16-23-20


Effective: May 14, 2007


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 1. Handguns

§ 16-23-20. Unlawful carrying of handgun; exceptions.


It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:


(1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;


(2) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;


(3) members, or their invited guests, of organizations authorized by law to purchase or receive firearms from the United States or this State or regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits;


(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;


(5) a person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;


(6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States;


(7) members of authorized military or civil organizations while parading or when going to and from the places of meeting of their respective organizations;


(8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;


(9) a person in a vehicle if the handgun is:


(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance; or


(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;


(10) a person carrying a handgun unloaded and in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving one's residence or changing or moving one's fixed place of business;


(11) a prison guard while engaged in his official duties;


(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee's person and a location specified in item (9);


(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;


(14) a person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);


(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.


(16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.


CREDIT(S)


HISTORY: 1962 Code § 16-129.1; 1965 (54) 578; 1974 (58) 2871; 1975 (59) 630; 1980 Act No. 349; 1982 Act No. 404; 1993 Act No.181, § 274; 1995 Act No. 85, § 3; 1996 Act No. 407, § 2; 1996 Act No. 464, § 3; 2004 Act No. 294, §§ 1, 2, eff August 16, 2004; 2006 Act No. 336, § 1, eff June 2, 2006; 2007 Act No. 28, § 1, eff May 14, 2007.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-30


Effective: April 2, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 1. Handguns

§ 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns.


(A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:


(1) a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;


(2) a person who is a member of a subversive organization;


(3) a person under the age of eighteen, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or


(4) a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.


(B) It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State.


(C) A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen handgun or one from which the original serial number has been removed or obliterated.


CREDIT(S)


HISTORY: 1962 Code § 16-129.2; 1965 (54) 578; 2004 Act No. 294, § 1, eff August 16, 2004; 2006 Act No. 336, § 4, eff June 2, 2006; 2008 Act No. 192, § 1, eff April 2, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 1. Handguns

§ 16-23-50. Penalties; disposition of fines; forfeiture and disposition of handguns.


(A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.


(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.


(B) In addition to the penalty provided in this section, the handgun involved in the violation of this article must be confiscated. The handgun must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated handgun may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell handguns in this State for a handgun or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the handgun, the division may keep the handgun for use by its forensic laboratory. Records must be kept of all confiscated handguns received by the law enforcement agencies under the provisions of this article.


CREDIT(S)


HISTORY: 1962 Code § 16-129.7; 1965 (54) 578; 1975 (59) 582; 1976 Act No. 585; 1986 Act No. 367; 1986 Act No. 532, § 4; 1988 Act No. 457, § 1; 1993 Act No. 184, § 189; 1994 Act No. 497, Part II, § 36J; 1998 Act No. 297, § 1; 2004 Act No. 294, § 1, eff August 16, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-55


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 1. Handguns

§ 16-23-55. Procedure for returning found handgun.


(A) A handgun that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine:


(1) if the handgun is stolen;


(2) if the handgun has been used in the commission of a crime; and (3) the true owner of the handgun.


(B) At least twice during the ninety-day holding period, the agency shall advertise the handgun with its full description in a newspaper having general circulation in the county where the handgun was found.


(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the handgun, the agency shall return the handgun to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law, and pays all advertising and other costs incidental to returning the handgun. No handgun may be returned until the individual fully completes the application.


(D) Upon proper completion of the application, the law enforcement agency shall provide copies of the application in compliance with Section 23-31-140.


CREDIT(S)


HISTORY: 1989 Act No. 172, § 1; 2004 Act No. 294, § 1, eff August 16, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 1. Handguns

§ 16-23-60. Construction.


Provisions of this article must not be construed to grant any additional police powers not authorized by law, and do not in any manner affect the powers of constables commissioned by the Governor.


CREDIT(S)


HISTORY: 1962 Code § 16-129.8; 1974 (58) 2871; 2004 Act No. 294, § 1, eff August 16, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-210


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 3. Machine Guns, Sawed-Off Shotguns and Rifles

§ 16-23-210. Definitions.


When used in this article:


(a) “Machine gun” applies to and includes any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination or parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.


(b) “Sawed-off shotgun” means a shotgun having a barrel or barrels of less than eighteen inches in length or a weapon made from a shotgun which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than eighteen inches in length.


(c) “Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each pull of the trigger. The term includes any such weapon which may be readily restored to fire a fixed shotgun shell but does not include an antique firearm as defined in this section.


(d) “Sawed-off rifle” means a rifle having a barrel or barrels of less than sixteen inches in length or a weapon made from a rifle which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than sixteen inches in length.


(e) “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. The term includes any such weapon which may be readily restored to fire a fixed cartridge but does not include an antique firearm as described in this section.


(f) “Antique firearm” means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.


(g) “Military firearm” means any military weapon, firearm, or destructive device, other than a machine gun, that is manufactured for military use by a firm licensed by the federal government pursuant to a contract with the federal government and does not include a pistol, rifle, or shotgun which fires only one shot for each pull of the trigger.


CREDIT(S)


HISTORY: 1962 Code § 16-121; 1952 Code § 16-121; 1942 Code § 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, § 1; 1999 Act No. 71, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-220


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 3. Machine Guns, Sawed-Off Shotguns and Rifles

§ 16-23-220. Unlawful transportation of machine gun, military firearm, or sawed-off shotgun or rifle within State.


It is unlawful for a person to transport from one place to another in this State or for any railroad company, express company, or other common carrier or any officer, agent, or employee of any of them or other person acting in their behalf knowingly to ship or to transport from one place to another in this State a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.


A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.


CREDIT(S)


HISTORY: 1962 Code § 16-122; 1952 Code § 16-122; 1942 Code § 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, § 1; 1993 Act No. 184, § 42.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-230


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 3. Machine Guns, Sawed-Off Shotguns and Rifles

§ 16-23-230. Unlawful storing, keeping, or possessing of machine gun, military firearm, or sawed-off shotgun or rifle.


It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.


A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.


CREDIT(S)


HISTORY: 1962 Code § 16-123; 1952 Code § 16-123; 1942 Code § 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, § 1; 1993 Act No. 184, § 43.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-240


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 3. Machine Guns, Sawed-Off Shotguns and Rifles

§ 16-23-240. Unlawful sale, rental, or giving away of machine gun, military firearm, or sawed-off shotgun or rifle; exceptions.


It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a machine gun, or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.


A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.


CREDIT(S)


HISTORY: 1962 Code § 16-124; 1952 Code § 16-124; 1942 Code § 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, § 1; 1993 Act No. 184, § 44.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-250


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 3. Machine Guns, Sawed-Off Shotguns and Rifles

§ 16-23-250. Exceptions to application of article.


The provisions of this article do not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of these organizations. Any peace officer of the State or of a county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or persons on duty in the postal service of the United States or a common carrier while transporting direct to a police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun, or sawed-off rifle, may possess machine guns, or sawed-off shotguns, or sawed-off rifles, when required in the performance of their duties. The provisions of this section must not be construed to apply to machine guns, or sawed-off shotguns, or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.


The provisions of this article do not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization, any common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law, or persons licensed pursuant to Section 23-31-370.


CREDIT(S)


HISTORY: 1962 Code § 16-125; 1952 Code § 16-125; 1942 Code § 1258-1; 1934 (38) 1288; 1975 (59) 135; 1978 Act No. 541 § 3; 1986 Act No. 532, § 1; 1990 Act No. 564, § 1; 2001 Act No. 106, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-260


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 3. Machine Guns, Sawed-Off Shotguns and Rifles

§ 16-23-260. Penalties.


A person violating the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-127; 1952 Code § 16-127; 1942 Code § 1258-1; 1990 Act No. 564, § 1; 1993 Act No. 184, § 45.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-270


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 3. Machine Guns, Sawed-Off Shotguns and Rifles

§ 16-23-270. Article not applicable to antique firearms.


The provisions of this article shall not apply to antique firearms.


CREDIT(S)


HISTORY: 1975 (59) 135; 1990 Act No. 564, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-280


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 3. Machine Guns, Sawed-Off Shotguns and Rifles

§ 16-23-280. Manufacture and sale of machine guns by licensed manufacturer.


Notwithstanding the provisions of this article, machine guns or military firearms manufactured by a firm licensed by the federal government and subject to the Federal Gun Control Act may be legally manufactured, transported, possessed, and sold within the State by the manufacturer thereof.


CREDIT(S)


HISTORY: 1978 Act No. 541 § 1; 1990 Act No. 564, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-405


Effective: June 25, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-405. Definition of “weapon”; confiscation and disposition of weapons used in commission or in furtherance of crime.


(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, “weapon” means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.


(B) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated. Each weapon must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated weapon may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols in this State for a pistol or other equipment approved by the agency, or destroy it. A weapon may not be disposed of until the results of all legal proceedings in which it may be involved are finally determined. A firearm seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory.


CREDIT(S)


HISTORY: 1986 Act No. 532, § 5; 1998 Act No. 297, § 2; 2008 Act No. 337, § 1, eff June 25, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-410


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-410. Pointing firearm at any person.


It is unlawful for a person to present or point at another person a loaded or unloaded firearm.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances.


CREDIT(S)


HISTORY: 1962 Code § 16-141; 1952 Code § 16-141; 1942 Code § 1119; 1932 Code § 1119; Cr. C. '22 § 17; Cr. C. '12 § 162; 1910 (26) 694; 1993 Act No. 184, § 46.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-415


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-415. Taking firearm or other weapon from law enforcement officer.


An individual who takes a firearm, stun gun, or taser device from the person of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than five years, or fined not more than five thousand dollars, or both, if all of the following circumstances exist at the time the firearm is taken:


(1) the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;


(2) the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer, or the individual's taking of the weapon is directly related to the law enforcement officer's or corrections officer's professional responsibilities;


(3) the individual takes the weapon without consent of the law enforcement officer or corrections officer;


(4) the law enforcement officer is authorized by his employer to carry the weapon in the line of duty; and


(5) the law enforcement officer or corrections officer is authorized by his employer to carry the weapon while off duty and has identified himself as a law enforcement officer.


CREDIT(S)


HISTORY: 2006 Act No. 379, § 3, eff June 9, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-420


Effective: June 2, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-420. Possession of firearm on school property; concealed weapons.


(A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle.


(B) It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.


(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.


(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.


(E) For purposes of this section, the terms “premises” and “property” do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic.


(F) This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility.


CREDIT(S)


HISTORY: 1962 Code § 16-141.1; 1969 (56) 319; 1993 Act No. 184, § 47; 1996 Act No. 464, § 6; 2002 Act No. 274, § 1, eff May 28, 2002; 2004 Act No. 294, § 3, eff August 16, 2004; 2009 Act No. 32, § 2, eff June 2, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-430


Effective: June 2, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-430. Carrying weapon on school property; concealed weapons.


(A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.


(B) This section does not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle.


(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest.


CREDIT(S)


HISTORY: 1962 Code § 16-141.2; 1971 (57) 535; 1990 Act No. 579, § 1; 1993 Act No. 184, § 48; 2009 Act No. 32, § 1, eff June 2, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-440


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-440. Discharging firearms at or into dwellings, structures, enclosures, vehicles or equipment; penalties.


(A) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into a dwelling house, other building, structure, or enclosure regularly occupied by persons. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ten years, or both.


(B) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into any vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ten years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-142; 1952 Code § 16-142; 1942 Code § 1120; 1932 Code § 1120; Cr. C. '22 § 18; Cr. C. '12 § 163; 1910 (26) 785; 1988 Act No. 469; 1993 Act No. 184, § 49; 2001 Act No. 98, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-450


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-450. Placing loaded trap gun, spring gun or like device.


It shall be unlawful for any person to construct, set or place a loaded trap gun, spring gun or any like device in any manner in any building or in any place within this State, and any violation of the provisions of this section shall constitute a misdemeanor and be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment of not less than thirty days nor more than one year or by both fine and imprisonment, in the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-143; 1952 Code § 16-143; 1942 Code § 1121; 1932 Code § 1121; 1931 (37) 78.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-460


Effective: June 25, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-460. Carrying concealed weapons; forfeiture of weapons.


(A) A person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality, the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days.


(B) The provisions of this section do not apply to:


(1) A person carrying a concealed weapon upon his own premises or pursuant to and in compliance with Article 4, Chapter 31 of Title 23; or


(2) peace officers in the actual discharge of their duties.


(C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.


CREDIT(S)


HISTORY: 1962 Code § 16-145; 1952 Code § 16-145; 1942 Code § 1256; 1932 Code § 1256; Cr. C. '22 § 151; Cr. C. '12 § 158; Cr. C. '02 § 130; G. S. 2472; R. S. 129; 1880 (17) 448; 1894 (21) 824; 1897 (22) 423; 1900 (23) 446; 1922 (32) 905; 1965 (54) 578; 1975 (59) 743; 1986 Act No. 532, § 6; 1996 Act No. 464, § 4; 2008 Act No. 337, § 2, eff June 25, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-465


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on-premises consumption.


In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.


In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked.


CREDIT(S)


HISTORY: 1977 Act No. 45; 1993 Act No. 184, § 190; 1996 Act No. 464, § 5; 2002 Act No. 274, § 2, eff May 28, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-470


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-470. Illegal possession of tear-gas gun or ammunition.


(A) It is unlawful for anyone except an authorized law enforcement officer to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or any ammunition, shells, or equipment that may be used in a tear-gas gun or machine. It is lawful for a person for self-defense purposes only to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or ammunition, shells, or equipment for a tear-gas machine or gun, but the capacity of a tear-gas cartridge, shell, or container shall not exceed fifty cubic centimeters nor shall a tear-gas machine or gun have the capability of shooting a cartridge, shell, or container of more than fifty cubic centimeters.


(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.


(C) Except as permitted above, nothing in this section prohibits the purchase, sale, transportation, or use of tear gas for the destruction of insects or rodents if tear gas is not in containers or shells suitable for use in a tear-gas gun, equipment, or machine and if the purchaser has written authority for the purchase and use of tear gas from the county agent of the county in which he resides.


CREDIT(S)


HISTORY: 1962 Code § 16-147; 1952 Code § 16-147; 1948 (45) 1857; 1978 Act No. 603; 1993 Act No. 184, § 191.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-480


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-480. Manufacture or possession of article designed to cause damage by fire or other means.


It is unlawful for a person to manufacture, cause to be manufactured, or possess any object or article which is designed to cause damage by fire or any other means to person or property either by ignition, detonation, or other means. It is unlawful for a person to possess any object or article solely for the purpose of causing damage by fire or other means to person or property either by ignition, detonation, or other means.


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.


CREDIT(S)


HISTORY: 1962 Code § 16-148; 1969 (56) 320; 1993 Act No. 184, § 50.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-490


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to commit, violent crime.


(A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.


(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently.


(C) Except as provided in this subsection, the person sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits, but may earn credits during this period. The person is eligible for work release, if the person is sentenced for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, and the person is within three years of release from imprisonment.


(D) As used in this section, “firearm” means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; “knife” means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.


(E) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60.


CREDIT(S)


HISTORY: 1962 Code § 16-149; 1970 (56) 1968; 1986 Act No. 462, § 28; 1993 Act No. 184, § 51; 2010 Act No. 273, § 27, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-500


Effective: June 2, 2010


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-500. Unlawful possession of a firearm by a person convicted of violent offense; confiscation.


(A) It is unlawful for a person who has been convicted of a violent crime, as defined by Section 16-1-60, that is classified as a felony offense, to possess a firearm or ammunition within this State.


(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.


(C) In addition to the penalty provided in this section, the firearm or ammunition involved in the violation of this section must be confiscated. The firearm or ammunition must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated firearm or ammunition may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell firearms or ammunition in this State for a firearm, ammunition, or any other equipment approved by the agency, or destroy it. A firearm or ammunition must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the firearm or ammunition, the division may keep the firearm or ammunition for use by its forensic laboratory. Records must be kept of all confiscated firearms or ammunition received by the law enforcement agencies under the provisions of this section.


(D) The judge that hears the case involving the violent offense, as defined by Section 16-1-60, that is classified as a felony offense, shall make a specific finding on the record that the offense is a violent offense, as defined by Section 16-1-60, and is classified as a felony offense.


CREDIT(S)


HISTORY: 2010 Act No. 273, § 25, eff June 2, 2010.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-520


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-520. Use, transportation, manufacture, possession, purchase, or sale of teflon-coated ammunition.


It is unlawful for a person to use, transport, manufacture, possess, distribute, sell, or buy any ammunition or shells that are coated with polytetrafluoroethylene (teflon).


A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both.


CREDIT(S)


HISTORY: 1984 Act No. 340; 1993 Act No. 184, § 52.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-530


Effective: June 4, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 5. Miscellaneous Offenses

§ 16-23-530. Firearms; possession by or sale to unlawful alien; penalties.


(A) It is unlawful for an alien unlawfully present in the United States to possess, purchase, offer to purchase, sell, lease, rent, barter, exchange, or transport into this State a firearm.


(B) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State a firearm to a person knowing that such person is not lawfully present in the United States.


(C) A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.


(D) A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.


CREDIT(S)


HISTORY: 2008 Act No. 280, § 15, eff June 4, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 T. 16, Ch. 23, Art. 7, Refs & Annos


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-710


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction (Refs & Annos)

§ 16-23-710. Definitions.


For purposes of this article:


(1) “Bacteriological weapon” and “biological weapon” mean devices which are designed in a manner as to permit the intentional release into the population or environment of microbiological or other biological materials, toxins, or agents, whatever their origin or method of production, in a manner not authorized by law, or any device, the development, production, or stockpiling of which is prohibited pursuant to the “Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction”, 26 U.S.T. 583, TIAS 8063.


(2) “Bomb” includes a destructive device capable of being detonated, triggered, or set off to release any substance or material that is destructive, irritating, odoriferous, or otherwise harmful to one or more organisms including, but not limited to, human beings, livestock, animals, crops or vegetation, or to earth, air, water, or any other material or substance necessary or required to sustain human or any other individual form of life, or to real or personal property.


(3) “Bomb technician”, “explosive ordnance technician”, or “EOD technician” means either:


(a) a law enforcement officer, fire official, emergency management official, or an employee of the State, its political subdivisions, or an authority of the State or a political subdivision, whose job title includes the designation of bomb technician, explosive ordnance disposal technician, or EOD technician and whose assigned duties include the rendering-safe of improvised explosive devices, destructive devices, old or abandoned explosives, war relics, or souvenirs while acting in the performance of his official duties; or


(b) an official or employee of the United States including, but not limited to, a member of the Armed Forces of the United States, who is qualified as an explosive ordnance disposal technician under the federal, state, or local laws or regulations while acting in the performance of his duty.


(4) “Building” means any structure, vehicle, watercraft, or aircraft:


(a) where any person lodges or lives; or


(b) where people assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is considered both a separate building in itself and a part of the main building.


(5) “Device” means an object, contrivance, instrument, technique, or any thing that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction.


(6) “Detonate” means to explode or cause to explode.


(7) “Destructive device” means:


(a) a bomb, incendiary device, or any thing that can detonate, explode, be released, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gas, or toxic substance (chemical, biological, or nuclear materials) including, but not limited to, an incendiary or over-pressure device, or any other device capable of causing damage, injury, or death;


(b) a bacteriological weapon or biological weapon; or


(c) a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, or death.


(8) “Detonator” means a device containing a detonating charge used to initiate detonation in an explosive or any device capable of triggering or setting off an explosion or explosive charge including, but not limited to, impact or an impact device, a timing mechanism, electricity, a primer, primer or detonating cord, a detonating cap or device of any kind, detonating waves, electric blasting caps, blasting caps for use with safety fuses, shock tube initiator, and detonating cord delay connectors, or any other device capable of detonating or exploding a bomb, weapon of mass destruction, or destructive device.


(9) “Distribute” means the actual or constructive delivery or the attempted transfer from one person to another.


(10) “Explosive” means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or an explosive containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury, death, or damage to property. Explosives include, but are not limited to, the list of explosive materials published and periodically updated by the Bureau of Alcohol, Tobacco and Firearms.


(11) “Hoax device” or “replica” means a device or object which has the appearance of a destructive device.


(12) “Incendiary” means any material that:


(a) causes, or is capable of causing, fire when it is lit or ignited; and


(b) is used to ignite a flammable liquid or compound in an unlawful manner.


(13) “Incendiary device” means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. Incendiary device includes, but is not limited to, any form of explosive, explosive bomb, grenade, missile, or similar device, whether capable of being carried or thrown by a person acting alone or with one or more persons, but does not include a device manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, or bridges, when used in a lawful manner.


(14) “Over-pressure device” means a container filled with an explosive gas or expanding gas or liquid which is designed or constructed so as to cause the container to break, fracture, or rupture in a manner capable of causing death, injury, or property damage, and includes, but is not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb.


(15) “Parts” mean a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device.


(16) “Poisonous gases” mean a toxic chemical or its precursors that through its chemical action or properties on life processes, causes death or injury to human beings or other living organisms. However, the term does not include:


(a) riot control agents, smoke and obscuration materials, or medical products which are manufactured, possessed, transported, or used in accordance with the laws of this State or the United States;


(b) tear gas devices designed to be carried on or about the person which contain not more than fifty cubic centimeters of the chemical; or


(c) pesticides, as used in agriculture and household products.


(17) “Property” means real or personal property of any kind including money, choses in action, and other similar interest in property.


(18) “Terrorism” includes activities that:


(a) involve acts dangerous to human life that are a violation of the criminal laws of this State;


(b) appear to be intended to:


(i) intimidate or coerce a civilian population;


(ii) influence the policy of a government by intimidation or coercion; or


(iii) affect the conduct of a government by mass destruction, assassination, or kidnapping; and


(c) occur primarily within the territorial jurisdiction of this State.


(19) “Weapon of mass destruction” means :


(a) any destructive device as defined in item (7);


(b) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;


(c) any weapon involving a disease organism; or


(d) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.


CREDIT(S)


HISTORY: 2000 Act No. 237, § 6; 2002 Act No. 339, § 13, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-715


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction (Refs & Annos)

§ 16-23-715. Possession, threatened or attempted use of weapon of mass destruction for act of terrorism; penalty.


A person who, without lawful authority, possesses, uses, threatens, or attempts or conspires to possess or use a weapon of mass destruction in furtherance of an act of terrorism is guilty of a felony and upon conviction:


(1) in cases resulting in the death of another person, must be punished by death or by imprisonment for life; or


(2) in cases which do not result in the death of another person, must be punished by imprisonment for not less than twenty-five years nor more than life.


CREDIT(S)


HISTORY: 2002 Act No. 339, § 13, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-720


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction (Refs & Annos)

§ 16-23-720. Use, counseling or soliciting others to use, possessing, or threatening to use destructive device; harboring terrorist.


(A) It is unlawful for a person intentionally to use a destructive device or cause an explosion, or intentionally to aid, counsel, solicit another, or procure the use of a destructive device. A person who violates this subsection is guilty of a felony and, upon conviction:


(1) in cases resulting in the death of another person where there was malice aforethought, must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years;


(2) in cases resulting in the death of another person where there was not malice aforethought, must be imprisoned not less than ten years nor more than thirty years; and


(3) in cases resulting in injury to a person, must be imprisoned for not less than ten years nor more than twenty-five years.


(B) A person who intentionally causes an explosion by means of a destructive device or aids, counsels, solicits another, or procures an explosion by means of a destructive device, which results in damage to a building or other real or personal property, or a person who attempts to injure another or damage or destroy a building or other real or personal property by means of a destructive device, is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than twenty-five years.


(C) A person who knowingly possesses, manufactures, transports, distributes, or possesses with the intent to distribute a destructive device or any explosive, incendiary device, or over-pressure device or toxic substance or material which has been configured to cause damage, injury, or death, or a person who possesses parts, components, or materials which when assembled constitute a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.


(D) A person who threatens, solicits another to threaten, or conspires to threaten to cause damage, injury, or death or to cause damage to or destroy a building or other real or personal property by means of destructive device is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years.


(E) A person who knowingly protects, harbors, or conceals another who is known by the person to have planned, executed, or committed any violation of the provisions of this article is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years.


CREDIT(S)


HISTORY: 2000 Act No. 237, § 6; 2002 Act No. 339, § 13, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-730


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction (Refs & Annos)

§ 16-23-730. Hoax device or replica of destructive device or detonator; manufacture, possession or transport of; threat to use; penalties.


A person who knowingly manufactures, possesses, transports, distributes, uses or aids, or counsels, solicits another, or conspires with another in the use of a hoax device or replica of a destructive device or detonator which causes any person reasonably to believe that the hoax device or replica is a destructive device or detonator is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than ten thousand dollars, or both. A person who communicates or transmits to another person that a hoax device or replica is a destructive device or detonator with the intent to intimidate or threaten injury, to obtain property of another, or to interfere with the ability of another person to conduct or carry on his life, business, trade, education, religious worship, or to interfere with the operations and functions of any government entity is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.


CREDIT(S)


HISTORY: 2000 Act No. 237, § 6; 2002 Act No. 339, § 13, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-740


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction (Refs & Annos)

§ 16-23-740. Hindering explosive ordinance technician or law enforcement official while detecting or disarming destructive device; penalty.


A person who knowingly and wilfully hinders or obstructs an explosive ordnance technician, bomb technician, law enforcement officer, fire official, emergency management official, public safety officer, animal trained to detect destructive devices, or any robot or mechanical device designed for or utilized by a law enforcement officer, fire official, emergency management official, public safety officer, or bomb technician of this State or of the United States while in the detection, disarming, or destruction of a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than five years.


CREDIT(S)


HISTORY: 2000 Act No. 237, § 6; 2002 Act No. 339, § 13, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-750


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction (Refs & Annos)

§ 16-23-750. Conveying false information regarding attempted use of a destructive device; aiding or conspiring; penalty.


A person who conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than one year nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted.


CREDIT(S)


HISTORY: 2000 Act No. 237, § 6; 2002 Act No. 339, § 13, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-760


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction (Refs & Annos)

§ 16-23-760. Admissibility of photographic evidence of destructive devices; custody of inert devices introduced into evidence.


(A) Unless otherwise ordered by a court of competent jurisdiction, photographs, electronic imaging, video tapes, or other identification or analysis of a destructive device, explosive, incendiary, poisonous gas, toxic substance, whether chemical, biological, or nuclear material, or detonator identified by a qualified bomb technician or person qualified as a forensic expert in the field of destructive devices is admissible in any civil or criminal trial in lieu of production of the actual destructive device or detonator. Evidence transferred to the clerk of court by a qualified bomb technician for safekeeping must not be destroyed except pursuant to a court order issued by a court of competent jurisdiction.


(B) If a destructive device, explosive, incendiary, poisonous gas, toxic substance, whether chemical, biological, or nuclear material, or detonator that has been rendered inert and safe is introduced into evidence in any criminal or civil trial, the clerk of court may retain custody or transfer custody of the destructive device or detonator to a qualified bomb technician for safekeeping only after the destructive device has been preserved as evidence by photograph, videotape, or other suitable means of identification.


CREDIT(S)


HISTORY: 2000 Act No. 237, § 6; 2002 Act No. 339, § 13, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-770


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction (Refs & Annos)

§ 16-23-770. Forfeiture of property used or intended for use in violation of article; storage and destruction; exceptions.


(A) All property used or intended for use in violation of this article and all proceeds derived from, realized from, or traced back to property used or intended for use in violation of this article is contraband and subject to forfeiture. Property subject to forfeiture must be seized by a law enforcement agency and forfeited to the State, a political subdivision of the State, or the seizing law enforcement agency.


(B) On application of a seizing law enforcement agency, the circuit court may order the agency to destroy or transfer the seized device to any agency of this State or of the United States that can safely store or render harmless a destructive device, explosive, poisonous gas, or detonator if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store the destructive device, explosive, poisonous gas, or detonator. Notwithstanding Section 16-23-760, the application for destruction of a destructive device may be made at anytime after seizure. Any destruction ordered pursuant to this subsection must be done in the presence of at least one credible witness or recorded on film, videotape, or other electronic imaging method. The court also may order the seizing agency or the agency to which the device, explosive, poisonous gas, or detonator is transferred to make a report of the destruction, take samples before the destruction, or both.


(C) Nothing in subsection (A) or (B) prohibits a bomb technician, law enforcement officer, or fire official from taking action that will render an explosive, destructive device, poisonous gas, or detonator, or other object which is suspected of being an explosive, destructive device, poisonous gas, or detonator safe without prior approval of a court when the action is in the performance of his duties and is intended to protect lives or property which are in imminent danger.


(D) The provisions of this article do not apply to the lawful use of:


(1) fertilizers, propellant activated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes;


(2) pesticides which are manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7, Title 2, the federal Insecticide, Fungicide, and Rodenticide Act and the Environmental Pesticide Control Act of 1972;


(3) explosives, blasting agents, detonators, and other objects regulated and controlled by the South Carolina Explosives Control Act;


(4) ammunition for small arms and firearms;


(5) components of ammunition for small arms and firearms;


(6) ammunition reloading equipment;


(7) the use of small arms propellant when used in war reenactments;


(8) firearms, as defined in Section 16-8-10; or


(9) fireworks and explosives which are permitted to be sold, possessed, or used under Chapter 35 of Title 23.


(E) The provisions of this article do not apply to the military or naval forces of the United States, to the duly organized military force of a state or territory, or to police or fire departments in this State when they are acting within their official capacities and in performance of their duties.


CREDIT(S)


HISTORY: 2000 Act No. 237, § 6; 2002 Act No. 339, § 13, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-23-780


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 23. Offenses Involving Weapons

Article 7. Bombs, Destructive Devices, and Weapons of Mass Destruction (Refs & Annos)

§ 16-23-780. Reporting existence and location of destructive device or weapon of mass destruction.


All state, county, and municipal law enforcement officers who encounter a known or suspected destructive device, biological or bacteriological weapon or a nuclear, biological, or chemical weapon of mass destruction in the course of their employment must immediately report the existence and location of the device or weapon to the State Law Enforcement Division for purposes of disseminating the information to law enforcement agencies, and to the appropriate state and local public health officials for purposes of enabling public health officials to assess the nature and extent of the threat of the device or weapon to public health.


CREDIT(S)


HISTORY: 2002 Act No. 339, § 13, eff July 2, 2002.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-10. “Household member” defined.


As used in this article, “household member” means:


(1) a spouse;


(2) a former spouse;


(3) persons who have a child in common; or


(4) a male and female who are cohabiting or formerly have cohabited.


CREDIT(S)


HISTORY: 1984 Act No. 484, § 1; 1994 Act No. 519, § 1; 2003 Act No. 92, § 3, eff January 1, 2004; 2005 Act No. 166, § 1, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-20


Effective: June 4, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-20. Acts prohibited; penalties; criminal domestic violence conviction in another state as prior offense.


(A) It is unlawful to:


(1) cause physical harm or injury to a person's own household member; or


(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.


(B) Except as otherwise provided in this section, a person who violates the provisions of subsection (A) is guilty of the offense of criminal domestic violence and, upon conviction, must be punished as follows:


(1) for a first offense, the person is guilty of a misdemeanor and must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the fine conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(H), a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection must be tried in summary court;


(2) for a second offense, the person is guilty of a misdemeanor and must be fined not less than two thousand five hundred dollars nor more than five thousand dollars and imprisoned not less than a mandatory minimum of thirty days nor more than one year. The court may suspend the imposition or execution of all or part of the sentence, except the thirty-day mandatory minimum sentence, conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(H), a program designed to treat batterers. If a person is sentenced to a mandatory minimum of thirty days pursuant to the provisions of this subsection, the judge may provide that the sentence be served two days during the week or on weekends until the sentence is completed and is eligible for early release based on credits he is able to earn during the service of his sentence, including, but not limited to, good-time credits;


(3) for a third or subsequent offense, the person is guilty of a felony and must be imprisoned not less than a mandatory minimum of one year but not more than five years.


(C) For the purposes of subsections (A) and (B), a conviction within the previous ten years for a violation of subsection (A), Section 16-25-65, or a criminal domestic violence offense in another state which includes similar elements to the provisions of subsection (A) or Section 16-25-65, constitutes a prior offense. A conviction for a violation of a criminal domestic violence offense in another state does not constitute a prior offense if the offense is committed against a person other than a “household member” as defined in Section 16-25-10.


(D) A person who violates the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the “Protection from Domestic Abuse Act”, or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days and fined not more than five hundred dollars.


(E) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter must appear before a judge for disposition of the case.


(F) When a person is convicted of a violation of Section 16-25-65 or sentenced pursuant to subsection (C), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation, conditioned upon:


(1) the offender completing, to the satisfaction of the court, a program designed to treat batterers;


(2) fulfillment of all the obligations arising under court order pursuant to this section and Section 16-25-65; and


(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.


(G) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim.


(H) An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.


CREDIT(S)


HISTORY: 1984 Act No. 484, § 1; 1994 Act No. 519, § 1; 2003 Act No. 92, § 3, eff January 1, 2004; 2005 Act No. 166, § 2, eff January 1, 2006; 2008 Act No. 255, § 1, eff June 4, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-30


Effective: June 2, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-30. Possession of firearm by person convicted of domestic violence or domestic violence of high and aggravated nature; notice.


At the time a person is convicted of violating the provisions of Section 16-25-20 or 16-25-65, the court must deliver to the person a written form that conspicuously bears the following language: “Pursuant to 18 U.S.C. Section 922, it is unlawful for a person convicted of a violation of Section 16-25-20 or 16-25-65 to ship, transport, possess, or receive a firearm or ammunition.”


CREDIT(S)


HISTORY: 2009 Act No. 59, § 6, eff June 2, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§§ 16-25-40 to 16-25-60. Omitted by 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§§ 16-25-40 to 16-25-60. Omitted by 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§§ 16-25-40 to 16-25-60. Omitted by 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-65


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-65. Criminal domestic violence of a high and aggravated nature; elements; penalty; conditional probation; statutory offense.


(A) A person who violates Section 16-25-20(A) is guilty of the offense of criminal domestic violence of a high and aggravated nature when one of the following occurs. The person commits:


(1) an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or


(2) an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death.


(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not less than a mandatory minimum of one year nor more than ten years. The court may suspend the imposition or execution of all or part of the sentence, except the one-year mandatory minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.


(C) The provisions of subsection (A) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature.


CREDIT(S)


HISTORY: 1994 Act No. 516, § 1; 2003 Act No. 92, § 3, eff January 1, 2004; 2005 Act No. 166, § 3, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-70


Effective: June 11, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-70. Warrantless arrest or search; admissibility of evidence.


(A) A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony pursuant to the provisions of Section 16-25-20(A) or (D), 16-25-65, or 16-25-125, even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of probable cause related to a violation pursuant to the provisions of this chapter by telephone or radio communication with the appropriate law enforcement agency. A law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not notified at the time the alleged violation occurred. If an arrest warrant is sought, the law enforcement agency must present the results of the investigation and any other relevant evidence to a magistrate who may issue an arrest warrant if probable cause is established.


(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20(A) or (D), or 16-25-65 even if the act did not take place in the presence of the officer. A law enforcement officer is not required to make an arrest if he determines probable cause does not exist after consideration of the factors set forth in subsection (D) and observance that no physical manifestation of injury is present. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate law enforcement agency.


(C) In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member.


(D) If a law enforcement officer receives conflicting complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer must evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer must not arrest the other person accused of having committed domestic or family violence. In determining whether a person is the primary aggressor, the officer must consider the following factors and any other factors he considers relevant:


(1) prior complaints of domestic or family violence;


(2) the relative severity of the injuries inflicted on each person taking into account injuries alleged which may not be easily visible at the time of the investigation;


(3) the likelihood of future injury to each person;


(4) whether one of the persons acted in self-defense; and


(5) household member accounts regarding the history of domestic violence.


(E) A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage a party's requests for intervention by law enforcement.


(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report, and must include a statement in the report that the officer attempted to determine which party was the primary aggressor pursuant to this section and was unable to make a determination based upon the evidence available at the time of the arrest.


(G) When two or more household members are charged with a crime involving domestic or family violence arising from the same incident and the court finds that one party was the primary aggressor pursuant to this section, the court, if appropriate, may dismiss charges against the other party or parties.


(H) Evidence discovered as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in a court of law:


(1) if it is found:


(a) in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or


(b) pursuant to a search incident to a lawful arrest for a violation of this article or for a violation of Chapter 3, Title 16; or


(2) if it is evidence of a violation of this article.


An officer may arrest and file criminal charges against a suspect for any offense that arises from evidence discovered pursuant to this section.


Unless otherwise provided for in this section, no evidence of a crime found as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in any court of law.


(I) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness.


CREDIT(S)


HISTORY: 1984 Act No. 484, § 1; 1994 Act No. 519, § 1; 1995 Act No. 83, § 61; 1997 Act No. 120, § 3; 2002 Act No. 329, § 4, eff June 18, 2002; 2003 Act No. 92, § 3, eff January 1, 2004; 2008 Act No. 319, § 3, eff June 11, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-80


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-80. Effect on enforcement of contempt orders and police arrest powers; construction with assault and battery and other criminal offenses.


Nothing in this article affects or limits the powers of any court to enforce its own orders by civil or criminal contempt or the powers of the police to make other lawful arrests.


Nothing in this article may be construed to repeal, replace, or preclude application of any other provisions of law pertaining to assault, assault and battery, assault and battery of a high and aggravated nature, or other criminal offenses.


CREDIT(S)


HISTORY: 1984 Act No. 484, § 1; 1994 Act No. 519, § 1; 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-90


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-90. Parole eligibility as affected by evidence of domestic violence suffered at hands of household member.


Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member is eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post- conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member. This section shall not affect the provisions of Section 17-27-45.


CREDIT(S)


HISTORY: 1995 Act No. 7, Part I § 14; 1998 Act No. 401, § 1; 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-100


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-100. Judicial training on issues concerning domestic violence.


Magistrates, municipal court judges, family court judges, and circuit court judges shall receive continuing legal education on issues concerning domestic violence. The frequency and content of the continuing legal education is to be determined by the South Carolina Court Administration at the direction of the Chief Justice of the South Carolina Supreme Court.


CREDIT(S)


HISTORY: 2005 Act No. 166, § 4, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-120


Effective: June 11, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-120. Release on bond; factors; issuance of restraining order; notice of right to counsel.


(A) In addition to the provisions of Section 17-15-30, the court may consider the factors provided in subsection (B) when considering release of a person on bond who is charged with a violent offense, as defined in Section 16-1-60, when the victim of the offense is a household member, as defined in Section 16-25-10, and the person:


(1) is subject to the terms of a valid order of protection or restraining order at the time of the offense in this State or another state; or


(2) has a previous conviction involving the violation of a valid order of protection or restraining order in this State or another state.


(B) The court may consider the following factors before release of a person on bond who is subject to the provisions of subsection (A):


(1) whether the person has a history of criminal domestic violence, as defined in this article, or a history of other violent offenses, as defined in Section 16-1-60;


(2) the mental health of the person;


(3) whether the person has a history of violating the orders of a court or other governmental agency; and


(4) whether the person poses a potential threat to another person.


(C) When considering release of a person on bond under this section, the court must consider whether to issue a restraining order or order of protection provided for in Chapter 4 of Title 20 against the person. The court must consider the factors enumerated in subsection (B) of this section, and if it determines in its discretion that a restraining order or order of protection is required, it should issue the order or forward the matter to the appropriate court.


(D)(1) At the bond hearing pursuant to the provisions of this section or another provision of law, the court shall inform in writing the person charged with a violation of Article 1, Chapter 25, Title 16 of his right to obtain counsel and, if indigent, his right to court-appointed counsel along with instructions on how to obtain court-appointed counsel.


(2) If the court decides to release the person pending his trial, the court shall provide the person with a written notice that must conspicuously bear the following language:


“Pursuant to Section 16-25-125 of the South Carolina Code of Laws, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.”.


(3) The court shall provide the person with an opportunity to sign the notice evidencing the person's acknowledgment of having received and read the notice.


CREDIT(S)


HISTORY: 2005 Act No. 166, § 5, eff January 1, 2006; 2008 Act No. 319, § 4, eff June 11, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-125


Effective: June 11, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-125. Trespass upon grounds or structure of domestic violence shelter; penalty; notice.


(A) For purposes of this section:


(1) “Domestic violence shelter” means a facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence and that provides services as a shelter.


(2) “Grounds” means the real property of the parcel of land upon which a domestic violence shelter or a domestic violence shelter's administrative offices are located, whether fenced or unfenced.


(3) “Household member” means a household member as defined in Section 16-25-10.


(B) It is unlawful for a person who has been charged with or convicted of a violation of Section 16-25-20 or Section 16-25-65, who is subject to an order of protection issued pursuant to Chapter 4 of Title 20, or who is subject to a restraining order issued pursuant to Article 17, Chapter 3 of Title 16, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices.


(C) The domestic violence shelter must post signs at conspicuous places on the grounds of the domestic violence shelter and the domestic violence shelter's administrative offices which, at a minimum, read substantially as follows:


“NO TRESPASSING


VIOLATORS WILL BE SUBJECT TO CRIMINAL PENALTIES”.


(D) This section does not apply if the person has legitimate business or any authorization, license, or invitation to enter or remain upon the grounds or structure of the domestic violence shelter or the domestic violence shelter's administrative offices.


(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.


CREDIT(S)


HISTORY: 2008 Act No. 319, § 1, eff June 11, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-10


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 27. Animal Fighting and Baiting Act

§ 16-27-10. Short title.


This chapter is known and may be cited as “The Animal Fighting and Baiting Act”.


CREDIT(S)


HISTORY: 1986 Act No. 491, § 1.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 27. Animal Fighting and Baiting Act

§ 16-27-20. Definitions.


As used in this chapter:


(a) “Animal” means any live vertebrate creature, domestic or wild.


(b) “Fighting” means an attack with violence by an animal against another animal or a human.


(c) “Baiting” means to provoke or to harass an animal with one or more animals with the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals or between animals and humans.


(d) “Person” means every natural person or individual and any firm, partnership, association, or corporation.


CREDIT(S)


HISTORY: 1986 Act No. 491, § 2.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-30


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 27. Animal Fighting and Baiting Act

§ 16-27-30. Acts or omissions constituting felonies; penalties.


Any person who:


(a) owns an animal for the purpose of fighting or baiting;


(b) is a party to or causes any fighting or baiting of any animal;


(c) purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, or location for the purpose of fighting or baiting any animal; or


(d) knowingly allows or permits or makes available any structure, facility, or location to be used for the purpose of fighting or baiting any animal is guilty of a felony and upon conviction must be punished by a fine of five thousand dollars or imprisoned for five years, or both.


CREDIT(S)


HISTORY: 1986 Act No. 491, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 27. Animal Fighting and Baiting Act

§ 16-27-40. Acts constituting misdemeanors upon conviction of first or second offense and constituting felonies upon conviction of third or subsequent offense; penalties.


Any person who:


(a) is present at any structure, facility, or location where preparations are being made for the purpose of fighting or baiting any animal with knowledge that those preparations are being made, or


(b) is present at any structure, facility, or location with knowledge that fighting or baiting of any animal is taking place or is about to take place there is guilty of a misdemeanor and upon conviction for a first offense must be punished by a fine of five hundred dollars or imprisonment for six months, or both, and for a second offense by a fine of one thousand dollars or imprisonment for one year, or both. Any person convicted of a third or subsequent offense is guilty of a felony and must be punished by a fine of five thousand dollars or imprisonment for five years, or both.


CREDIT(S)


HISTORY: 1986 Act No. 491, § 4.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 27. Animal Fighting and Baiting Act

§ 16-27-50. Applicability of cruelty provisions; presumption of cruelty.


(A) The provisions of Section 47-1-150 apply to this chapter.


(B) For purposes of a hearing to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal, any animal found to be owned, trained, possessed, purchased, sold, transported, or bred in violation of this chapter must be considered cruelly treated and the owner must be deemed unfit.


CREDIT(S)


HISTORY: 1986 Act No. 491, § 5; 2006 Act No. 345, § 2, eff June 12, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-55


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 27. Animal Fighting and Baiting Act

§ 16-27-55. Forfeiture of property of one found in violation of act.


(A) A person who violates a provision of this chapter is subject to forfeiture of:


(1) property, both real and personal, which is knowingly used to engage in a violation or to further a violation of this chapter; and


(2) monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of this chapter.


(B) Property subject to forfeiture pursuant to the provisions of this chapter may be seized by the appropriate law enforcement agency with a warrant properly issued by a court with jurisdiction over the property. Property may be seized without a warrant if the:


(1) seizure is incident to an arrest or a search with a search warrant or an inspection under an administrative inspection warrant;


(2) property subject to seizure was the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding pursuant to the provisions of this chapter;


(3) law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or


(4) law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of this chapter.


(C) Forfeiture proceedings instituted pursuant to the provisions of this section are subject to the procedures and requirements for forfeiture as set out in Section 44-53-530.


(D) Property taken or detained pursuant to the provisions of this section is not subject to replevin but is considered to be in the custody of the law enforcement agency making the seizure subject only to an order of the court having jurisdiction over the forfeiture proceedings.


(E) For purposes of this section, when the seizure of property subject to forfeiture is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.


(F) A law enforcement agency seizing property pursuant to the provisions of this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidential nature and provides for appropriate security in another manner.


(G) When property, monies, negotiable instruments, securities, or other things of value are seized pursuant to the provisions of subsection (A), the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecuting agency.


(1) The report must include the following information:


(a) a description of the property seized;


(b) the circumstances of the seizure;


(c) the present custodian and where the property is being stored or its location;


(d) the name of the owner of the property;


(e) the name of any lienholders of the property; and


(f) the seizing agency.


(2) If the property is a conveyance, the report must include the:


(a) make, model, serial number, and year of the conveyance;


(b) person in whose name the conveyance is registered; and


(c) name of any lienholders.


(3) In addition to the report provided for in items (1) and (2) of this subsection, the appropriate law enforcement agency shall prepare for dissemination to the public, upon request, a report providing the following information:


(a) a description of the quantity and nature of the property and money seized;


(b) the seizing agency;


(c) the make, model, and year of a conveyance; and


(d) the law enforcement agency responsible for the property or conveyance seized.


(H) Property or conveyances seized by a law enforcement agency may not be used by officers or employees of the agency for personal purposes.


(I)(1) An innocent owner or a manager or owner of a licensed rental agency or a common carrier or carrier of goods for hire may apply to the court of common pleas for the return of an item seized pursuant to the provisions of this chapter. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice as provided in Section 44-53-530. If the court denies the application, the hearing may proceed as a forfeiture hearing held pursuant to the provisions of Section 44-53-530.


(2) The court may return a seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:


(a) in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture; or


(b) in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that an agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.


(3) If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.


(4) The lien of an innocent person or other legal entity, recorded in public records, continues in force upon transfer of title of a forfeited item, and a transfer of title is subject to the lien if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture.


CREDIT(S)


HISTORY: 2006 Act No. 345, § 3, eff June 12, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 27. Animal Fighting and Baiting Act

§ 16-27-60. Inapplicability of chapter to certain activities and to game fowl.


(a) The provisions of Section 16-27-30 do not apply to any person:


(1) using any animal to pursue or take wildlife or to participate in hunting in accordance with the game and wildlife laws of this State and regulations of the South Carolina Department of Natural Resources;


(2) using any animal to work livestock for agricultural purposes;


(3) properly training or using dogs for law enforcement purposes or protection of persons and private property.


(b) The provisions of this chapter do not apply to game fowl.


CREDIT(S)


HISTORY: 1986 Act No. 491, § 6; 1993 Act No.181, § 275.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-70


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 27. Animal Fighting and Baiting Act

§ 16-27-70. Relationship to other laws.


The provisions of this chapter are cumulative and not in lieu of any other provision of law.


CREDIT(S)


HISTORY: 1986 Act No. 491, § 8.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-80


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 27. Animal Fighting and Baiting Act

§ 16-27-80. Applicability of chapter to hunting dogs and certain events.


(A) This chapter does not apply to dogs used for the purpose of hunting, including, but not limited to, hunting on shooting preserves or wildlife management areas authorized pursuant to Title 50, or to dogs used in field trials, including events more commonly known as “water races”, “treeing contests”, “coon-on-a-log”, “bear-baying”, or “fox- pen-trials”. Such “fox-pen-trials” must be approved by permit for field trials by the South Carolina Department of Natural Resources.


(B) Except as otherwise provided in Section 16-27-60, this chapter applies to events more commonly known as “hog-dog fights”, “hog-dog rodeos”, or “hog-dogging” in which bets are placed, or cash, points, titles, trophies, or other awards are given based primarily on the ability of a dog to catch a hog using physical contact in the controlled environment of an enclosure.


CREDIT(S)


HISTORY: 1986 Act No. 491, § 9; 1993 Act No.181, § 276; 2006 Act No. 345, § 4, eff June 12, 2006.



Current through End of 2012 Reg. Sess.