CHAPTER 1 - FELONIES AND MISDEMEANORS; ACCESSORIES
Title 16 - Crimes and Offenses
CHAPTER 1.
FELONIES AND MISDEMEANORS; ACCESSORIES
SECTION 16-1-10. Categorization of felonies and misdemeanors; exemptions.
(A) Felonies are classified, for the purpose of sentencing, into the following six categories:
(1) Class A felonies
(2) Class B felonies
(3) Class C felonies
(4) Class D felonies
(5) Class E felonies
(6) Class F felonies
(B) Misdemeanors are classified, for the purpose of sentencing, into the following three categories:
(1) Class A misdemeanors
(2) Class B misdemeanors
(3) Class C misdemeanors
(C) All offenses with a term of imprisonment of less than one year are misdemeanors and exempt from the classification system.
(D) The following offenses are classified as exempt under subsections (A) and (B):
10"11"325(B)(1) Detonating an explosive or destructive device or igniting
an incendiary device upon the capitol grounds or within
the capitol building resulting in death of a person
where there was malice aforethought
12"21"6000(B) Possessing marijuana or controlled substances without
appropriate stamps
16"3"10 Murder
16"3"30 Killing by poison
16"3"40 Killing by stabbing or thrusting
16"3"85(C)(1) Causing the death of a child by abuse or neglect
16"3"210 Lynching
16"3"430 Killing in a duel
16"3"620 Assault with intent to kill (if sentenced for the common
law offense of assault and battery of a high and
aggravated nature)
16"3"655(C)(1) Engaging in Criminal Sexual Conduct with a minor in the
First Degree
16"3"910 Kidnapping (if sentenced for murder)
16"3"1083(A)(2)(a) Violent crime that carries the death of, or bodily injury
to in utero child
16"7"10 Acts considered unlawful in area designated by Governor in
emergency--looting
16"7"10(A)(2) Looting during state of emergency
16"7"10 Acts considered unlawful in area designated by Governor in
emergency--looting
16"9"290 Accepting bribes for purposes of procuring public office
16"11"311(B) Burglary--First degree
16"11"370 Robbery of operators of vehicles for hire
16"15"20 Incest
16"15"110(3) Prostitution--third or subsequent offense
16"17"735 False assertion of authority of law, in attempt to
intimidate or hinder state or local official in
discharge of duties, by threats or use of sham legal
process.
16"23"715(1) Use of weapons of mass destruction resulting in death
16"23"715(2) Use of weapons of mass destruction not resulting in death
16"23"720(A)(1) Detonating a destructive device or causing an explosion,
or aiding, counseling, or procuring an explosion by
means of detonation of a destructive device which
results in death of a person where there was malice
aforethought
23"36"170(c), (d) Penalty (violation of South Carolina Explosives Control
Act)
23"3"650(C) Willful disclosure of certain information contained in
State DNA Database to a person not entitled to receive
it
23"3"650(D) Willfully obtaining DNA information contained in State DNA
Database without authorization
Third, fourth, or subsequent offenses
24"13"430(1) Inciting prisoners to riot
25"1"2957 Recklessly endangering the life of another
25"7"30 Giving information respecting national or state defense to
foreign contacts during war
38"25"330 Violation of a provision contained in the provisions
relating to the unauthorized transaction of insurance
business
38"41"20 Multiple employer self-insured health plan transacting
business without a license
39"15"1190(C) Knowing and willfully using an object or tool to produce
or reproduce a counterfeit mark or possessing an object
with intent to produce or reproduce a counterfeit mark
39"22"90(A)(8) State warehouse system violation
40"55"170(A) Practicing psychology without being licensed as required
by chapter
44"4"530(C) Failure of persons subject to quarantine to comply
44"4"530(D) Entry into isolation or quarantine are by unauthorized
person
44"53"370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in marijuana, 10
pounds or more, but less than 100 pounds)
Third or subsequent offenses
44"53"370(e)(1)(b) Prohibited Acts A, penalties (trafficking in marijuana,
100 pounds or more of marijuana, but less than 2,000
pounds)
44"53"370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 pounds
or more, but less than 10,000 pounds)
44"53"370(e)(1)(d) Prohibited Acts A, penalties (trafficking in marijuana,
10,000 pounds of marijuana or more)
44"53"370(e)(2)(a)3 Prohibited Acts A, penalties (trafficking in cocaine, 10
grams or more, but less than 28 grams)
Third or subsequent offense
44"53"370(e)(2)(b)3 Prohibited Acts A, penalties (trafficking in cocaine, 28
grams or more, but less than 100 grams)
44"53"370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100
grams or more, but less than 200 grams)
44"53"370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200
grams or more, but less than 400 grams)
44"53"370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400
grams or more)
44"53"370(e)(3)(a)2 Prohibited Acts A, penalties (trafficking in illegal
drugs, 4 grams or more, but less than 14 grams)
Second or subsequent offense
44"53"370(e)(3)(b) Prohibited Acts A, penalties (trafficking in illegal
drugs, 14 grams or more, but less than 28 grams)
44"53"370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegal
drugs, 28 grams or more)
44"53"370(e)(4)(a)2 Prohibited Acts A, penalties (trafficking in methaqualone,
15 grams or more, but less than 150 grams)
Second or subsequent offense
44"53"370(e)(4)(b) Prohibited Acts A, penalties (trafficking in methaqualone,
150 grams but less than 1,500 grams)
44"53"370(e)(4)(c) Prohibited Acts A, penalties (trafficking in methaqualone,
possession of 1,500 grams, but less than 15 kilograms of
methaqualone)
44"53"370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone,
15 kilograms or more)
44"53"370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000
dosage units or more)
44"53"375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or
more, but less than 28 grams
Third or subsequent offense
44"53"375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams or
more, but less than 100 grams
Third or subsequent offense
44"53"375(C)(3) Trafficking in ice, crank, or crack cocaine 100 grams or
more, but less than 200 grams
44"53"375(C)(4) Trafficking in ice, crank, or crack cocaine 200 grams or
more, but less than 400 grams
44"53"375(C)(5) Trafficking in ice, crank, or crack cocaine 400 grams or
more
46"9"90 State Pest Commission violation, second offense
47"3"950 Wrongfully obtaining or exerting unauthorized control over
a guide dog or service animal
47"19"120(a) Interference with person performing official duties under
chapter concerning Poultry Products Inspection Law
(Violation of Sections 47"19"70 through 47"19"110)
56"5"2780(B)(1) Unlawfully passing a stopped school bus where great bodily
injury results
56"5"2947 Child endangerment
56"15"590 Failure of a motor vehicle auction to keep required
records or make them available for inspection
58"17"4090 Death that results from obstructing a railroad
63"11"90 Violations of provisions contained in Title 63, Chapter
11, Article 1
63"13"170 Violation of childcare facilities requirements
63"13"1080 Childcare operator refusing inspection and violating fire
and health safety requirements
SECTION 16-1-20. Penalties for classes of felonies.
(A) A person convicted of classified offenses, must be imprisoned as follows:
(1) for a Class A felony, not more than thirty years;
(2) for a Class B felony, not more than twenty-five years;
(3) for a Class C felony, not more than twenty years;
(4) for a Class D felony, not more than fifteen years;
(5) for a Class E felony, not more than ten years;
(6) for a Class F felony, not more than five years;
(7) for a Class A misdemeanor, not more than three years;
(8) for a Class B misdemeanor, not more than two years;
(9) for a Class C misdemeanor, not more than one year.
(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence.
(C) This chapter does not apply to the minimum sentences established for fines or community service.
SECTION 16-1-30. Classification of new statutory offenses.
All criminal offenses created by statute after July 1, 1993, must be classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20, except as provided in Section 16-1-10(D).
SECTION 16-1-40. Accessory.
A person who aids in the commission of a felony or is an accessory before the fact in the commission of a felony by counseling, hiring, or otherwise procuring the felony to be committed is guilty of a felony and, upon conviction, must be punished in the manner prescribed for the punishment of the principal felon.
SECTION 16-1-50. Indictment and conviction of accessories.
A person who counsels, hires, or otherwise procures a felony to be committed may be indicted and convicted:
(1) as an accessory before the fact either with the principal felon or after his conviction; or
(2) of a substantive felony, whether the principal felon has or has not been convicted or is or is not amenable to justice, and may be punished as if convicted of being an accessory before the fact.
SECTION 16-1-55. Classification of accessory crimes.
A person who commits the offense of accessory after the fact must be punished based upon the classification below the punishment provided for the principal offense, except for Class A, Class B, and Class C felonies or murder. If the principal offense is a Class A, Class B, or Class C felony or murder, the penalty must be as prescribed for a Class D felony.
SECTION 16-1-57. Classification of third or subsequent conviction of certain property crimes.
A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense, be punished as prescribed for a Class E felony.
SECTION 16-1-60. Violent crimes defined.
For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10 ); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses.
SECTION 16-1-70. Nonviolent crimes.
For purposes of definition under South Carolina law a nonviolent crime is all offenses not specifically enumerated in Section 16-1-60.
SECTION 16-1-80. Offense of attempt punished as principal offense.
A person who commits the common law offense of attempt, upon conviction, must be punished as for the principal offense.
SECTION 16-1-90. Crimes classified as felonies.
(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
10"11"325(B)(2) Detonating an explosive or destructive device or
igniting an incendiary device upon the capitol
grounds or within the capitol building resulting
in death to a person where there was not malice
aforethought
16"3"50 Manslaughter--voluntary
16"3"652 Criminal sexual conduct
First degree
16"3"655(C)(2) Criminal sexual conduct, 1st degree, with minor
less than 16, 2nd offense
16"3"656 Assault with intent to commit criminal sexual
conduct
First degree
16"3"658 Criminal sexual conduct where victim is legal
spouse (separated)
First degree
16"3"910 Kidnapping
16"3"920 Conspiracy to commit kidnapping
16"3"1075(B)(2) Carjacking (great bodily injury)
16"11"110(A) Arson in the first degree
16"11"330(A) Robbery while armed with a deadly weapon
16"11"380(A) Entering bank with intent to steal money,
securities for money, or property, by force,
intimidation, or threats
16"11"390 Safecracking
16"11"532(D)(2) Injuring real property when illegally obtaining
nonferrous metals and the act results in the
death of a person
16"23"720(A)(2) Detonating a destructive device or causing an
explosion, or intentionally aiding, counseling,
or procuring an explosion by means of detonation
of a destructive device which results in the
death of a person where there was not malice
aforethought
24"13"450 Taking of a hostage by an inmate
43"35"85(F), 16"3"1050(F) Abuse or neglect of a vulnerable adult resulting in
death
44"53"370 Prohibited Acts A, penalties (b)(1) (narcotic drugs
in Schedules I(b) and (c), LSD, and Schedule II)
second, third, or subsequent offense
44"53"370(e)(2)(a)2 Prohibited Acts A, penalties (trafficking in
cocaine, 10 grams or more but less than 28 grams)
Second offense
44"53"370(e)(2)(b)2 Prohibited Acts, penalties (trafficking in cocaine,
28 grams or more but less than 100 grams)
Second offense
44"53"370(e)(5)(a)2 Prohibited Acts, penalties (trafficking in LSD, 100
dosage units or more but less than 500 dosage
units)
Second offense
44"53"370(e)(5)(b)2 Prohibited Acts, penalties (trafficking in LSD, 500
dosage units or more but less than 1,000 dosage
units)
Second offense
44"53"370(e)(5)(a)3 Prohibited Acts, penalties (trafficking in LSD, 100
dosage units or more, but less than 500 dosage
units)
Third or subsequent offense
44"53"370(e)(5)(b)3 Prohibited Acts, penalties (trafficking in LSD, 500
dosage units or more, but less than 1,000 dosage
units)
Third or subsequent offense
44"53"370(e)(6)(d) Prohibited Acts, penalties (trafficking in
flunitrazepam, 5 kilograms or more)
44"53"370(e)(8)(a)(ii) Trafficking in MDMA or ecstasy, 100 dosage units
but less than 500--Second offense
44"53"370(e)(8)(a)(iii) Trafficking in MDMA or ecstasy, 100 dosage units
but less than 500--Third or subsequent offense
44"53"370(e)(8)(b)(ii) Trafficking in MDMA or ecstasy, 100 dosage units
but less than 1000--Third or subsequent offense
44"53"370(e)(8)(b)(iii) Trafficking in MDMA or ecstasy, 100 dosage units
but less than 1000--Third or subsequent offense
44"53"370(g)(1)(b) Prohibited Acts A, penalties (distribution of
narcotic drugs in Schedules I(b) and (c), LSD,
and Schedule II with intent to commit a crime)
Second offense
44"53"370(g)(1)(c) Prohibited Acts A, penalties (distribution of
narcotic drugs in Schedules I(b) and (c), LSD,
and Schedule II with intent to commit a crime)
Third or subsequent offense
44"53"375(B)(2) Manufacture, distribution of methamphetamine or
cocaine base, second offense
44"53"375(B)(3) Manufacture, distribution, etc., methamphetamine,
or cocaine base
Third or subsequent offense
44"53"375(C)(1)(b) Trafficking in ice, crank, or crack cocaine (10
grams or more but less than 28 grams)
Second offense
44"53"375(C)(2)(b) Trafficking in ice, crank, or crack cocaine (28
grams or more but less than 100 grams)
Second offense
55"1"30(3) Unlawful removing or damaging of airport facility
or equipment when death results
56"5"1030(B)(3) Interference with traffic-control devices or
railroad signs or signals prohibited when death
results from violation
58"17"4090 Penalty for obstruction of railroad
(B) The following offenses are Class B felonies and the maximum terms established for a Class B felony, as set forth in Section 16-1-20(A), apply:
10"11"325(B)(3) Detonating an explosive or destructive device or
igniting an incendiary device upon the capitol ground
or within the capitol building resulting in injury to
a person
10"11"325(B)(4) Detonating an explosive or destructive device or
igniting an incendiary device upon the capitol grounds
or within the capitol building resulting in damage to
real or personal property
16"11"110(B) Arson in the second degree
16"23"720(A)(3) Detonating a destructive device, or causing an
explosion, or aiding, counseling, or procuring an
explosion by means of detonation of a destructive
device resulting in injury to a person
16"23"720(B) Causing an explosion by means of a destructive device,
or aiding, counseling, or procuring an explosion by
means of a destructive device which results in damage
to real or personal property, or attempting to injure
a person or damage or destroy real or property by
means of a destructive device
44"53"370(e)(1)(a)(3) Trafficking in marijuana, 10 pounds or more (third or
subsequent offense)
44"53"370(e)(2)(b)1 Prohibited Acts, penalties (trafficking in cocaine, 28
grams or more, but less than 100 grams)
First offense
44"53"370(e)(3)(a)1 Prohibited Acts A, penalties (trafficking in illegal
drugs, 4 grams or more, but less than 14 grams)
44"53"370(e)(5)(b)1 Prohibited Acts, penalties (trafficking in LSD, 500
dosage units or more, but less than 1000 dosage units)
First offense
44"53"370(e)(6)(a)(2) Prohibited Acts, penalties (trafficking in
flunitrazepam, 1 gram)
Second or subsequent offense
44"53"370(e)(6)(c) Prohibited Acts, penalties (trafficking in
flunitrazepam, 1000 grams but less than 5 kilograms)
44"53"370(e)(7)(b) Trafficking in gamma hydroxybutyric acid (second or
subsequent offense)
44"53"370(e)(8)(b)(i) Trafficking in MDMA or ecstasy, 100 dosage units but
less than 1000--First offense
44"53"370(e)(8)(c) Trafficking in MDMA or ecstasy, 1000 or more dosage
units
44"53"370(g)(2)(c) Prohibited Acts A, penalties (distribution of controlled
substances with intent to commit a crime)
Third or subsequent offense
44"53"375(C)(2)(a) Trafficking in ice, crank, crack cocaine 28 grams or
more, but less than 100 grams
First offense
50"21"113(A)(2) Operating or controlling a moving water device while
under the influence of alcohol, drugs, or a
combination of both when death results
50"21"130(A)(3) Failure of an operator of a vessel involved in a
collision resulting in death to stop and render
assistance
56"5"750(C)(2) Failure to stop for a law enforcement vehicle (death
occurs)
56"5"1210(A)(3) Failure to stop a vehicle involved in an accident when
death occurs
56"5"2945(A)(2) Causing great bodily injury or death by operating
vehicle while under influence of drugs or alcohol,
death resulting
(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:
16"3"70 Administering or attempting to administer poison
16"3"75 Unlawful and malicious tampering with human drug
product or food
16"3"85(C)(2) Aiding in the death of a child by abuse or neglect
16"3"95(A) Inflicting great bodily injury upon a child
16"3"220 Lynching in the second degree
16"3"620 Assault and battery with intent to kill
16"3"653 Criminal sexual conduct
Second degree
16"3"655(C)(3) Criminal sexual conduct, 2nd degree, with minor between
11 and 14 or at least 14 and less than 16 if actor in
familial or custodial position
16"3"656 Assault with intent to commit criminal sexual conduct
Second degree
16"3"658 Criminal sexual conduct in second degree where victim
is legal spouse (separated)
16"3"810 Engaging child under 18 for sexual performance
16"3"1075(B)(1) Carjacking
16"11"330(B) Attempted armed robbery
16"11"350 Train robbery by stopping train
16"11"360 Robbery after entry upon train
16"11"380(B) Stealing money, securities for money, or property, by
force, intimidation, or threats, from a person who
has just used a bank night depository, an ATM, or
another automated banking device
16"15"395 Sexual exploitation of a minor
16"15"415 Promoting prostitution of a minor
25"7"30 Giving information respecting national or state defense
to foreign contacts (violation during peacetime)
44"53"370(b)(2) Prohibited Acts A, penalties (manufacture or possession
of other substances in Schedule I, II, III, with
intent to distribute)
Third or subsequent offense
44"53"370(e)(1)(a)2 Prohibited Acts A, penalties (trafficking in marijuana,
10 pounds or more, but less than 100 pounds)
Second offense
44"53"370(e)(6)(b) Prohibited Acts, penalties (trafficking in
flunitrazepam, 100 grams but less than 1000 grams)
44"53"370(g)(1)(a) Prohibited Acts A, penalties (distribution of narcotic
drugs in Schedules I(b) and (c), LSD, and Schedule II
with intent to commit a crime)
First offense
44"53"370(g)(2)(b) Prohibited Acts A, penalties (distribution of
controlled substances with intent to commit a crime)
Second offense
44"53"440 Distribution of controlled substance under Sections
44"53"370(a) and 44"53"375(B) to persons under 18
44"53"475 Transportation or attempt to transfer monetary
instruments derived from unlawful drug activity
44"53"475(A)(1) Financial transactions involving property derived from
unlawful drug activity
44"53"475(A)(3) Concealment of property derived from unlawful drug
activity
58"15"870 Injuring railroad or electric railway generally if act
endangers life
(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply:
10"11"325(A) Possessing, having readily accessible, or
transporting onto the capitol grounds or within
the capitol building an explosive, destructive,
or incendiary device
16"1"55 Accessory after the fact of a Class A, B, or C
Felony
16"3"930 Knowingly subjecting another person to forced labor
or services, or recuiting, harboring,
transporting, providing, or obtaining by any
means a person knowing that the person will be
subject to forced labor or services
16"3"1090(B) Assist another person in committing suicide
16"3"1730(C) Stalking within ten years of a conviction of
harassment or stalking
16"11"312 Burglary--second degree
16"11"325 Common law robbery
16"11"525(D)(1) Injuring real property when illegally obtaining
nonferrous metals and the act results in great
bodily injury to person
16"15"140 Committing or attempting lewd act upon child under
16
16"15"355 Disseminating obscene material to a minor 12 years
or younger
16"23"720(C) Possessing, manufacturing, transporting,
distributing, possessing with the intent to
distribute any explosive device, substance, or
material configured to damage, injure, or kill a
person, or possessing materials which when
assembled constitute a destructive device
16"23"720(D) Threaten by means of a destructive weapon
16"23"720(E) Harboring one known to have violated provisions
relating to bombs, weapons of mass destruction
and destructive devises
16"23"730 Communicating or transmitting to a person that a
hoax device or replica is a destructive device or
detonator with intent to intimidate or threaten
injury, obtain property, or interfere with the
ability of a person or government to conduct its
affairs
16"23"750 Communicating or aiding and abetting the
communication of a threat or conveying false
information concerning an attempt to kill,
injure, or intimidate a person or damage property
or destroy by means of an explosive, incendiary,
or destructive device (second or subsequent
offense)
24"3"210 Furloughs for qualified inmates of state prison
system--Failure to return (See section 24"13"410)
24"13"410(B) Escaping or attempting to escape from prison or
possessing tools or weapons used to escape
24"13"470 Inmate throwing bodily fluids on a correctional
facility employee
43"35"85(B) Abusing or neglecting a vulnerable adult that
results in great bodily injury
43"35"85(D), 16"3"1050(E) Abuse or neglect of a vulnerable adult resulting in
great bodily injury
44"53"370(b)(1) Prohibited Acts A, penalties (narcotic drugs in
Schedule I (b) and (c), LSD, and Schedule II)
First offense
44"53"370 Prohibited Acts A, penalties (g)(2)(a)
(distribution of controlled substances with
intent to commit a crime)
First offense
44"53"375(B)(1) Manufacture, distribution, etc., methamphetamine or
cocaine
First offense
44"53"445(B)(2) Distribution, manufacture, sale, or possession of
crack cocaine within proximity of a school
44"53"577 Unlawful to hire, solicit, direct a person under 17
years of age to transport, conceal, or conduct
financial transaction relating to unlawful drug
activity
50"21"113(A)(1) Operating a moving water device while under the
influence of alcohol or drugs where great bodily
injury results
56"5"2945(A)(1) Causing great bodily injury by operating vehicle
while under influence of drugs or alcohol
(E) The following offenses are Class E felonies and the maximum terms established for a Class E felony, as set forth in Section 16-1-20(A), apply:
7"25"50 Bribery at elections
Second offense
7"25"60 Procuring or offering to procure votes by bribery
Second or subsequent offense
7"25"80 Threatening, intimidating, or abusing voters
8"1"20 Illegal collecting and retaining rebates, commissions,
or discounts (public officers/employees)
8"13"705 Offering, giving, soliciting, or receiving anything of
value to influence action of public employee,
member, or official
9"16"350 Use of any information concerning State Retirement
Systems Investment Panel activities by member or
employee to obtain economic interest
15"49"20(H) Falsifying affidavit in order to obtain employment
after having been convicted of an offense requiring
registration as a sex offender
16"1"55 Accessory after the fact of a Class D Felony
16"1"57 Third or subsequent conviction of certain property
crimes
16"3"615 Spousal sexual battery
16"3"625 Resisting arrest with deadly weapon
16"3"635(C) Assault and battery against an emergency medical
service provider, firefighter, or home health care
provider
16"3"654 Criminal sexual conduct
Third degree
16"3"656 Assault with intent to commit criminal sexual conduct
Third degree
16"3"820 Promoting, producing, or directing a sexual
performance by a child under 18
16"3"1060 No person may accept fee, compensation, etc. (for
relinquishing the custody of a child for adoption)
16"3"1730(B) Stalking while injunction or restraining order
prohibiting this conduct is in effect
16"7"160(2) Illegal use of stink bombs or other devices containing
foul or offensive odors--bodily harm results
16"8"20(B)(2) Teaching, demonstrating the use, application, or
making of a firearm or destructive device (second or
subsequent offense)
16"8"250(B) Preventing or attempting to prevent a witness or
victim from attending or giving testimony at a trial
that concerns criminal gang activity
16"9"220 Acceptance of bribes by officers
16"9"320(B) Assaulting police officer serving process or while
resisting arrest
16"9"340 Intimidation of court officials, jurors, or witnesses
16"9"410(C)(1) Aiding escapes from prison, for prisoners serving term
of incarceration
16"11"110(C) Arson--third degree
16"11"313 Burglary--third degree
Second offense
16"11"510(B)(1) Malicious injury to animals and personal property
(value $5,000 or more)
16"11"520(B)(1) Malicious injury to real property (value $5,000 or
more)
16"11"523(C)(3) Injuring real property when illegally obtaining
nonferrous metals where the value of the injury is
$5,000 or more
16"11"535 Malicious injury to place of worship
16"11"580(C)(1) Forest products violation (value more than $1,000 but
less than $5,000)
16"11"580(C)(2) Forest products violation (value more than $5,000)
16"11"580(C)(2) Forest products violation (value at least $5,000)
16"11"740 Malicious injury to telegraph, telephone, or electric
utility system
16"13"10(B)(1) Forgery (value $5,000 or more)
16"13"30(B)(2) Grand larceny (value $5,000 or more)
16"13"40(3) Stealing of bonds and the like (value $5,000 or more)
16"13"50(1) Stealing livestock, confiscation of motor vehicle, or
other chattel (value $5,000 or more)
16"13"70(B)(1) Stealing of vessels and equipment, payment of damages
(value $5,000 or more)
16"13"110(B)(3) Shoplifting (value $5,000 or more)
16"13"170 Entering house or vessel without breaking in with
intent to steal, attempt to enter
16"13"180(3) Receiving stolen goods (value $5,000 or more)
16"13"210(1) Embezzlement of public funds (value $5,000 or more)
16"13"230(B)(3) Breach of trust with fraudulent intent (value $5,000
or more)
16"13"240(1) Obtaining signature or property by false pretenses
(value $5,000 or more)
16"13"260(1) Obtaining property under false tokens or letters
(value $5,000 or more)
16"13"290(1) Securing property by fraudulent impersonation of
officer (value over $200)
16"13"420(B)(1) Failure to return rented objects, fraudulent
appropriation (value $5,000 or more)
16"13"425(3) Unlawful failure to return rented video or cassette
tape (value $5,000 or more)
16"13"430(C)(1) Fraudulent acquisition or use of food stamps (value
$5,000 or more)
16"13"510 Financial identity fraud
16"15"335 Unlawful to hire, employ, use, or permit any person
under 18 to do anything violating obscenity statutes
16"15"342 Criminal solicitation of a minor
16"15"345 Unlawful to disseminate obscene material to any person
under 18 years of age
16"15"385 Dissemination of obscene material to minors is
unlawful
16"15"387 Employing a person under eighteen to appear in public
in the state of sexually explicit nudity
16"15"405(D) Sexual exploitation of a minor
Second degree
16"15"410 Sexual exploitation of a minor
Third degree
16"17"470(C) Aggravated voyeurism
16"17"495(D) Transport of child by physical force or threat of
physical force with intent to avoid custody order
16"17"550 Bribery of athletes and athletic officials
16"17"600(A),(B) Destruction or desecration of human remains or
repositories--destroys, damages, or desecrates human
remains and vandalizes, desecrates, injures
gravestones or memorials
16"17"640 Blackmail
16"21"80(3) Receiving, possessing, concealing, selling, or
disposing of stolen vehicle (value $5,000 or more)
16"23"220 Unlawful transportation of machine gun or sawed-off
shotgun or rifle
16"23"230 Unlawful storing, keeping, or possessing machine gun
or sawed-off shotgun or rifle
16"23"240 Unlawful selling, renting, or giving away of machine
gun or sawed-off shotgun or rifle
16"23"440(A) Discharging firearms at or into dwellings
16"23"440(B) Discharging firearms at or into a vehicle, aircraft,
watercraft, or other device
16"23"530 Possession of a gun by an illegal alien
16"23"750 Communicating or aiding and abetting the communication
of a threat or conveying false information
concerning an attempt to kill, injure, or intimidate
a person or damage or destroy property by means of
an explosive, incendiary, or destructive device
(first offense)
16"25"20(E) Cause, offer, or attempt to cause injury to a person's
household and violate the terms of an order of
protection
16"25"65(B) Commission of criminal domestic violence of a high and
aggravated nature
17"13"50 Right to be informed of grounds for arrest,
consequences of refusal to answer or false answer
23"29"90 Penalties (violations of Subversive Activities
Registration Act)
23"31"340 Penalties (violation of article regulating use and
possession of machine guns, sawed-off shotguns, and
rifles)
23"31"360 Unregistered possession of machine guns by licensed
manufacturer
23"36"170(b) Violation of South Carolina Explosives Control Act
Second offense
24"3"910 Penalty for penitentiary employee's connivance at
escape of prisoners
24"3"950 Contraband (possession by prisoner or furnishing
prisoner with or attempt to furnish)
24"7"155 Furnishing or possessing contraband in county or
municipal prisons prohibited
24"13"420 Harboring or employing escaped convicts
24"13"430(2) Participating in riot by prisoners
24"13"440 Carrying or concealing weapon by inmates
25"7"50 False reports, insubordination, obstruction of
recruiting during war
25"7"70 Sabotage
34"3"10 Use of word "bank" or "banking" by other than banking
institutions
34"11"60 Drawing and uttering fraudulent check, draft, or other
written order (more than $1,000, see Section
34"11"90(b)) Third and subsequent offenses
34"13"90 Penalty for improper borrowing by directors or
officers
35"1"508(a)(1) Violation of Title 35, Chapter 1 when investor loses
twenty thousand dollars or more
36"9"410(C)(3) Unlawful disposal of personal property that is subject
to a perfected security interest whose value is
$5,000 or more
38"38"720(3) Making a false statement or representation regarding a
fraternal benefit society (second or subsequent
offense)
38"55"170(1) Presenting false claim for payment (insurance
companies) (value $5,000 or more)
38"55"540(A)(4) Knowingly making false statement or misrepresentation
resulting in economic advantage of fifty thousand
dollars or more, first offense
38"55"540(A)(5) Knowingly making false statement or misrepresentation
resulting in economic advantage of any amount,
second offense
39"9"208(B) Uniform weights and measures law violation
39"15"1190(B)(1)(a)(iv) Transferring, distributing, selling, or otherwise
disposing of an item having a counterfeit mark on
it, Second Offense
39"15"1190(B)(1)(b)(ii) Trafficking in counterfeit marks, Second or Subsequent
Offense
39"22"90(A)(8) State warehouse system violation if the amount of the
violation is $5,000 or more
39"73"325 Violation of regulation under State Commodity Code
40"83"30(J) Participating in the use of a false document in
connection with acts as an immigration assistant
44"23"1080(2) Furnishing Department of Mental Health patients or
prisoners with firearms or dangerous weapons
44"23"1150(C)(1) First degree sexual misconduct
44"29"145 Exposing others to Human Immuno Deficiency Virus
44"52"165(A)(3) Possession of firearms or dangerous weapons by patient
receiving inpatient services operated by Department
of Mental Health
44"52"165(B)(1) Intentionally allowing patient receiving inpatient
services by Department of Mental Health to possess
alcoholic beverages or controlled substances
44"52"165(B)(2) Intentionally allowing patient receiving inpatient
services by Department of Mental Health to possess
firearms or dangerous weapons
44"53"365 Taking or exercising control over another person's
controlled substance--Second offense
44"53"370(b)(2) Prohibited Acts A, penalties (manufacture or
possession of other substances in Schedule I, II,
III, flunitrazepam, or a controlled substance
analogue with intent to distribute)
Second offense
44"53"370(d)(3) Possession of cocaine, third or subsequent offense
44"53"370(e)(1)(a)1 Prohibited Acts A, penalties (trafficking in
marijuana, 10 pounds or more, but less than 100
pounds)
44"53"370(e)(2)(a)1 Prohibited Acts A, penalties (trafficking in cocaine,
10 grams or more, but less than 28 grams)
44"53"370(e)(4)(a)1 Prohibited Acts A, penalties (trafficking in
methaqualone, 15 grams or more, but less than 150
grams)
44"53"370(e)(5)(a)1 Prohibited Acts, penalties (trafficking in LSD, 100
dosage units or more, but less than 500 dosage
units)
First offense
44"53"370(e)(6)(a)(1) Prohibited acts, penalties (trafficking in
flunitrazepam, 1 gram but less than 100 grams)
First offense
44"53"370(e)(7)(a) Trafficking in gamma hydroxybutyric acid (first
offense)
44"53"370(e)(8)(a)(i) Trafficking in MDMA or ecstasy, 100 dosage units but
less than 500--First offense
44"53"375(A) Possession of less than one gram of methamphetamine or
cocaine base, third or subsequent offense
44"53"375(C)(1)(a) Trafficking in ice, crank, or crack cocaine 10 grams
or more, but less than 28 grams
First offense
44"53"376(B) Knowingly causing to be disposed any waste from the
production of methamphetamine or knowingly
assisting, soliciting, or conspiring with another to
dispose of the waste, Second Offense
44"53"378 Manufacturing and exposing a child to methamphetamines
44"53"398(H)(5) Possessing, manufacturing, delivering, distributing,
dispensing, administering, purchasing, selling, or
possessing with intent to distribute any substance
that contains any amount of ephedrine or
pseudoephedrine which has been altered from its
original condition, Second Offense
44"53"440 Distribution of controlled substance under Section
44"53"370(a) and (b) to persons under 18 violation
44"53"445(B)(1) Distribution, manufacture, or sale of controlled
substance within proximity of school (other than
crack cocaine)
44"53"1530(1)(b) Distribution of anabolic steroids (second or
subsequent offense)
44"53"1530(4)(b) Possession of anabolic steroids, 100 or more doses
(second or subsequent offense)
44"55"1510 Prohibition of discharge of fumes of acids or similar
substances
44"53"1680(B) Knowingly disclosing information in violation of the
Prescription Monitoring Program
44"53"1680(C) Using prescription monitoring information in a manner
or for a purpose in violation of the Prescription
Monitoring Program
45"2"40(B)(1) Inflicting $500 or more in damages to a lodging
establishment while using or possessing a controlled
substance, beer, wine, or alcohol
46"1"20(1) Stealing crops from the field (value $5,000 or more)
46"1"40(1) Stealing tobacco plants from bed (value $5,000 or
more)
46"1"60(B)(1) Making away with produce before payment (value $5,000
or more)
46"1"70(B)(1) Factors or commission merchants failing to account for
produce (value $5,000 or more)
47"19"120(C)(2) Interference with person performing official duties
under chapter on poultry inspection--use of deadly
weapon in commission of violation
48"23"265(C)(2) Forest products violation second or subsequent offense
(value at least $5,000)
49"1"50(C)(1) Sale of drifted timber, lumber ($5,000 or more value)
50"21"115 Reckless homicide by operation of a boat (reclassified
from Class F felony in 2002)
50"21"130(A)(2) Failure of an operator of a vessel involved in a
collision resulting in great bodily injury to stop
and render assistance
55"1"30(2) Unlawful removing or damaging of airport facility or
equipment when injury results
55"1"40 Unlawful entry of aircraft, damaging, or removing
equipment
56"5"750(C)(1) Failure to stop for a law enforcement vehicle (great
bodily harm occurs)
56"5"1030(B)(2) Interference with traffic-control devices or railroad
sign or signals prohibited--injury results
56"5"1210(A)(2) Failure to stop a vehicle involved in an accident when
great bodily injury results
56"5"2910 Reckless homicide
56"5"4975(C) Operation of unlicensed ambulance without removing
exterior markings, sirens, etc., with intent to
commit terrorist act
56"29"30(A) Unlawful to own, operate, or conduct a chop shop or to
transport or sell a motor vehicle to a chop shop
58"15"850 Breaking and entering or shooting into cars
63"5"70 Unlawful neglect of child or helpless person by legal
custodian
63"5"70(a) Causing harm to a child
63"13"200 Committing certain crimes near a childcare facility
63"19"1670 Furnishing contraband to a juvenile in the custody of
the Department of Juvenile Justice
(F) The following offenses are Class F felonies and the maximum terms established for a Class F felony, as set forth in Section 16-1-20(A), apply:
7"25"50 Bribery at elections
First offense
7"25"60 Procuring or offering to procure votes by bribery
First offense
7"25"190 Illegal conduct at elections generally
8"13"725(B) Public official disclosing confidential
information
8"14"60 Intentional use of a false document in connection
with public employment
8"29"10(F) Intentional use of a false document or aiding in
the use of a false document to obtain a public
benefit
11"48"90(A) Sale or possession of counterfeit cigarettes
12"21"2716 Unlawful manufacture or sale of slugs to be used
in coin-operated devices
12"21"4150 Posing as a bingo player with the intent to
defraud bingo customers
12"21"6040(A) Revealing facts contained in report under
Marijuana and Controlled Substance Tax Act
12"54"44(B)(1) Wilful attempt to evade or defeat tax imposed
12"54"44(B)(2) Wilful failure to collect or truthfully account
for and pay over tax money
12"54"44(B)(6)(a)(i) Wilfully subscribing to false or fraudulent tax
return
12"54"44(B)(6)(a)(ii) Wilfully assisting in false or fraudulent tax
return
12"54"44(B)(6)(b) Violation of prohibition against preparing returns
by person convicted of preparing false return
16"1"55 Accessory after the fact of a Class E felony
16"3"60 Involuntary manslaughter
16"3"95(B) Inflicting great bodily injury on a child by a
person responsible for the child's welfare
16"3"630 Assault of a correctional facility employee
16"3"1040(A) Threatening life, person or family of public
official
16"3"1720(C) Stalking (with prior conviction)
16"3"1730(A) Stalking
16"5"10 Conspiracy against civil rights
16"5"130(1) Penalties for instigating, aiding or participating
in riot--resists enforcement of statute of state
or United States, obstruct public officer,
Carries weapon, etc.
16"8"20(B)(1) Demonstrating the use of a bomb (first offense)
16"8"240(A) Committing or threatening acts of violence with
the intent to coerce, induce, or solicit another
person to participate in gang activity, second
offense
16"9"10(B)(1) Perjury and subordination of perjury
16"9"30 False swearing before persons authorized to
administer oaths
16"9"210 Giving or offering bribes to officers
16"9"230 Acceptance of rebates or extra compensation
16"9"260 Corrupting jurors, arbitrators, umpires, or
referees
16"9"270 Acceptance of bribes by jurors, arbitrators,
umpires, or referees
16"9"460 Movement and harboring intended to further illegal
entry or detection
16"11"20 Making, mending or possessing tools or other
implements capable of being used in crime
16"11"125 Making false claim or statement in support of
claim to obtain insurance benefits for fire or
explosion loss
16"11"130 Burning personal property to defraud insurer
16"11&quo