Archives > 1976 South Carolina Code of Laws - Previous Versions > 2015 Session > Title 16

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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 16-1-40 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 56-15-870 Injuring a railroad or a electric railway 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

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

Code Commissioner's Note

The crime classification tables are added by the Code Commissioner pursuant to Section 2-13-66, and updated annually.

Editor's Note

2010 Act No. 273, Section 7.C, provides:

"Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."

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.

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

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).

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

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.

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

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.

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

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.

HISTORY: 1993 Act No. 184, Section 6.

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.

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

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); 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 16-3-2020); 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)); domestic violence of a high and aggravated nature (Section 16-25-65); domestic violence in the first degree (Section 16-25-20(B)); 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.

HISTORY: 1986 Act No. 462, Section 33; 1995 Act No. 7, Part I Section 3; 1995 Act No. 83, Section 9; 1997 Act No. 113, Section 3; 1997 Act No. 136, Section 2; 1998 Act No. 402, Section 2; 2000 Act No. 261, Section 3; 2002 Act No. 176, Section 3, eff March 5, 2002; 2003 Act No. 92, Section 2, eff January 1, 2004; 2005 Act No. 127, Section 1, eff June 7, 2005; 2006 Act No. 379, Section 2, eff June 9, 2006; 2010 Act No. 273, Section 26, eff June 2, 2010; 2010 Act No. 289, Section 1, eff June 11, 2010; 2012 Act No. 255, Section 2, eff June 18, 2012; 2015 Act No. 7 (S.196), Section 6.B, eff April 2, 2015; 2015 Act No. 58 (S.3), Pt II, Section 6, eff June 4, 2015.

Editor's Note

2010 Act No. 273, Section 7.C, provides:

"Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."

Section 16-3-620, referenced in the text, was repealed by 2010 Acts No. 273, Section 5.

Effect of Amendment

2015 Act No. 7, Section 6.B, substituted "16-3-2020" for 16-3-930".

2015 Act No. 58, Section 6, substituted "trafficking in persons (Section 16-3-2020)" for "trafficking in persons (Section 16-3-930)"; deleted "criminal" before "domestic violence of a high and aggravated nature (Section 16-25-65)"; and added "domestic violence in the first degree (Section 16-25-20(B))"

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.

HISTORY: 1986 Act No. 462, Section 34.

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.

HISTORY: 1993 Act No. 184, Section 9.

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, not more than thirty years, 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 16-3-29 Attempted murder 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 16-3-1050(F) Abuse or neglect of a vulnerable adult resulting in death 16-3-1075(B)(2) Carjacking (great bodily injury) 16-3-2020(D) Trafficking in persons - 2nd offense 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 16-11-523(D)(2) Injuring real property when illegally obtaining nonferrous metals and the act results in the death of a person 16-13-385(E)(2) Tampering with a utility meter that results in death of another 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 25-7-30 Giving information respecting national or state defense to foreign contacts in time of war 25-7-40 Gathering information for an enemy 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) 44-53-375(E)(a)(ii)and (iii) Trafficking in nine grams or more, but less than twenty-eight grams of ephedrine, pseudoephedrine, or phenylpropanolamine second of subsequent offense 44-53-375(F)(1)(e) Trafficking in four hundred grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine 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 58-7-60(D)(2) Unlawful appropriation of gas that results in the death of another person 58-7-70(E)(2) Wrongful use of gas and interference with gas meters that results in death of another person 58-15-870(D) Injuring a railroad or electric railway resulting in the death of another person 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, not more than twenty-five years, 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 16-3-210(C) Assault and battery by mob in the second degree 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(E)(1)(b)(i)and (c) Trafficking in twenty-eight grams or more, but less than four hundred grams of ephedrine, pseudoephedrine, or phenylpropanolamine 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, not more than twenty years, 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 16-3-600(B) Aggravated assault and battery 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 16-13-135(E)(2) Retail theft-second or subsequent offense 16-15-395 Sexual exploitation of a minor 16-15-415 Promoting prostitution of a minor 16-25-65(B) Domestic violence of a high and aggravated nature 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 56-1-1105(B)(2) Unlawful driving by habitual offender resulting in death 58-15-870(C) Injuring a railroad or electric railway resulting in endangering another person's life or inflicting great bodily injury on another person

(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:

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 16-3-655(C) Criminal sexual conduct with a minor - 3rd degree 16-3-1090(B) Assist another person in committing suicide 16-3-1045 Use or employment of person under eighteen to commit certain crimes 16-3-1050(E) Abuse or neglect of a vulnerable adult resulting in great bodily injury 16-3-1730(C) Stalking within ten years of a conviction of harassment or stalking 16-3-2020(C) Trafficking in persons - 1st offense 16-11-110(C) Arson - third degree 16-11-312 Burglary - second degree 16-11-312(C)(2) aggravated burglary - second degree 16-11-325 Common law robbery 16-11-523(D)(1) Obtaining nonferrous metals unlawfully resulting in great bodily injury 16-11-525(D)(1) Injuring real property when illegally obtaining nonferrous metals and the act results in great bodily injury to person 16-13-385(E)(1) Tampering with a utility meter that results in great bodily injury to another person 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 58-7-60(D)(1) Unlawful appropriation of gas that results in great bodily injury to another person 58-7-70(E)(1) Wrongful use of gas and interference with gas meters that results in great bodily injury to another person

(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:

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 16-3-600(C) First degree assault and battery 16-3-615 Spousal sexual battery 16-3-625 Resisting arrest with deadly weapon 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) 16-8-240(B) Use of or threat of physical violence by criminal gang member 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 16-11-312(C)(1) Burglary - second degree, dwelling 16-11-313 Burglary - third degree Second offense 16-11-510(B)(1) Malicious injury to animals and personal property (value $10,000 or more) 16-11-520(B)(1) Malicious injury to real property (value $10,000 or more) 16-11-523(C)(2) Injuring real property when illegally obtaining nonferrous metals where the value of the injury is $10,000 or more 16-11-535 Malicious injury to place of worship 16-11-580(C)(2) Forest product violation (value more than $1,000 and less than $5,000) - 2nd or subsequent offense 16-11-580(D)(2) Forest product violation (value at least $5,000) - 2nd or subsequent offense 16-11-740 Malicious injury to telegraph, telephone, or electric utility system 16-13-10(B)(1) Forgery (value $10,000 or more) 16-13-30(B)(2) Grand larceny (value $10,000 or more) 16-13-40(3) Stealing of bonds and the like (value $10,000 or more) 16-13-50(A)(1) Stealing livestock, confiscation of motor vehicle, or other chattel (value $10,000 or more) 16-13-70(B)(1) Stealing of vessels and equipment, payment of damages (value $10,000 or more) 16-13-110(B)(3) Shoplifting (value $10,000 or more) 16-13-131(C)(2) Larceny against a merchant by affixing a fraudulent product code on merchandise - second or subsequent offense 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 $10,000 or more) 16-13-210(B)(1) Embezzlement of public funds (value $10,000 or more) 16-13-230(B)(3) Breach of trust with fraudulent intent (value $10,000 or more) 16-13-240(1) Obtaining signature or property by false pretenses (value $10,000 or more) 16-13-260(1) Obtaining property under false tokens or letters (value $10,000 or more) 16-13-290(1) Securing property by fraudulent impersonation of officer (value over $400) 16-13-385 Tampering with a utility meter for the purpose of growing or manufacturing controlled substances 16-13-420(B)(1) Failure to return rented objects, fraudulent appropriation (value $10,000 or more) 16-13-430(C)(1) Fraudulent acquisition or use of food stamps (value $10,000 or more) 16-13-440(B)(3) Obtaining a refund with a fraudulent driver's license or identity card regardless of value - second or subsequent offense 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 16-17-680(C)(2) Obtaining permit to transport and sell nonferrous metals for the purpose of transporting or selling stolen nonferrous metals 16-17-680(G) Transportation of stolen nonferrous metals 16-21-80(3) Receiving, possessing, concealing, selling, or disposing of stolen vehicle (value $10,000 or more) 16-23-220 Unlawful transportation of machine gun or sawed-off shotgun or rifle (see 16-23-260) 16-23-230 Unlawful storing, keeping, or possessing machine gun or sawed-off shotgun or rifle (see 16-23-260) 16-23-240 Unlawful selling, renting, or giving away of machine gun or sawed-off shotgun or rifle (see 16-23-260) 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(B) Domestic violence in the first degree 17-13-50 Right to be informed of grounds for arrest, consequences of refusal to answer or false answer 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 32-7-100(A)(2) Preneed funeral contract violations (value more than $ 10,000) 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 $10,000 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 $10,000 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 38-73-1120(C) Insurance, provisions to ensure expenses are allocated and treated properly 39-8-90(A) Stealing trade secrets 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 44-53-375(E)(1)(a)(i) Trafficking in nine grams or more, but less than twenty-eight grams of ephedrine, pseudoephedrine, or phenylpropanolamine, 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) 44-53-1680(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 44-55-1510 Discharge of fumes of acids or similar substances 45-2-40(B)(1) Inflicting $10,000 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 $10,000 or more) 46-1-40(1) Stealing tobacco plants from bed (value $10,000 or more) 46-1-60(B)(1) Making away with produce before payment (value $10,000 or more) 46-1-70(B)(1) Factors or commission merchants failing to account for produce (value $10,000 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 ($10,000 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 56-1-1105(B)(1) Unlawful driving by habitual offender resulting in great bodily injury 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 56-5-2941(K)(1)(c) Unlawful operation of a vehicle equipped with an ignition interlock device 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 conduct toward 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, not more than five years, as set forth in Section 16-1-20(A), apply:

2-2-100 Contempt of the General Assembly 2-2-120 Criminal contempt of the General Assembly 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 12-21-6000(B) Marijuana and Controlled Substance Tax Act 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 16-3-755(B) Sexual battery with a student 16-3-755(D) Sexual battery with a student 16-3-1040(A) Threatening life, person or family of public official 16-3-1050(B) Abuse of a vulnerable adult 16-3-1050(C) Neglect of a vulnerable adult 16-3-1050(D) Exploitation of a vulnerable adult 16-3-1080(A) Committing or attempting to commit a violent crime while wearing body armor 16-3-1085(D)(1) Violent offender prohibited from purchasing, owning, or using body armor 16-3-1720(C) Stalking (with prior conviction) 16-3-1730(A) Stalking 16-3-1910(O) Violation of a permanent restraining order if the underlying conviction that was the basis for the permanent restraining order was a felony 16-3-1920(N) Violation of an emergency restraining order if the underlying conviction that was the basis for the emergency restraining order was a felony 16-3-2080(F) Disclosing information about a trafficking victim or certain shelters or unlawfully entering the grounds of a shelter while possessing a weapon 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 16-11-150 Burning lands of another without consent Second and subsequent offense 16-11-170 Wilfully burning lands of another 16-11-190 Wilfully and maliciously attempts to burn 16-11-313(B) Burglary - third degree First offense 16-11-510(B)(2) Malicious injury to animals and personal property (value over $2,000 up to $10,000) 16-11-520(B)(2) Malicious injury to real property (value over $2,000 up to $10,000) 16-11-523(C)(2) Injuring real property while illegally obtaining nonferrous metals where the value of the injury is greater than $2,000 but less than $10,000 16-11-617 Unlawful to cultivate or attempt to cultivate marijuana on land of another 16-11-725(B)(2) Rummaging through or stealing another person's household garbage 16-11-780 Entering certain lands to discover, uncover, move, remove, or attempt to remove an archaeological resource-Third or subsequent offense 16-11-910 and16-11-915 Transfer of recorded sounds for unauthorized use or sale 16-11-930 Illegal distribution of recording without name and address of manufacturer and designation of featured artist (See Sections 16-11-920(B) and 16-11-940) 16-13-10(B)(1) Forgery (value more than $10,000) 16-13-30(B)(2) Grand larceny (value over $2,000 up to $10,000) 16-13-40(2) Stealing of bonds and the like (value over $2,000 up to $10,000) 16-13-50(A)(2) Stealing livestock, confiscation of motor vehicle or other chattel (value over $2,000 up to $10,000) 16-13-70(B)(2) Stealing of vessels and equipment - payment of damages (value over $2,000 up to $10,000) 16-13-110(B)(2) Shoplifting (value over $2,000 up to $10,000) 16-13-160 Breaking into motor vehicles or tanks, pumps, and other containers where fuel or lubricants are stored 16-13-210(B)(2) Embezzlement of less than $10,000 in public funds 16-13-230(B)(2) Breach of trust with fraudulent intent (value over $2,000 up to $10,000) 16-13-240(2) Obtaining signature or property by false pretenses (value over $2,000 up to $10,000) 16-13-260(2) Obtaining property under false tokens or letters (value over $2,000 up to $10,000) 16-13-385(B)(3) Tampering with a utility meter - third or subsequent offense 16-13-385(C)(3) Tampering with a utility meter for profit - third or subsequent offense 16-13-385(D)(3) Tampering with a utility meter that results in property damage in excess of $5,000 or results in the risk of great bodily injury or death - third or subsequent offense 16-13-420(B)(2) Failure to return rented objects, fraudulent appropriation (value over $2,000 up to $10,000) 16-13-430(C)(2) Fraudulent acquisition or use of food stamps (value over $2,000 up to $10,000) 16-13-440(B)(2) Obtaining a refund with a fraudulent driver's license or identity card when the value is two thousand dollars or more 16-13-470(B)(2) Defrauding a drug or alcohol screening test (second or subsequent offense) 16-13-480 Providing false picture identifications for use by unlawful aliens 16-13-510(E) Financial identity fraud and identity fraud 16-13-512(C)(2) Unlawfully printing information on credit and debit card receipts 16-13-525(D) Display or possession of a false identification or document for the purpose of proving lawful presence - Second and subsequent offense 16-14-20 Financial transaction card theft 16-14-40 Financial transaction card forgery 16-14-60(a) Financial transaction card fraud - value of things of value exceeds five hundred dollars in a six-month period 16-14-60(g) Financial transaction card fraud 16-14-70 Criminal possession of financial transaction card forgery devices 16-14-80(B)(2) Criminally receiving goods and services fraudulently obtained with financial transaction card (value over $1,000) 16-14-100 Financial Transaction Card Crime Act violation 16-15-10 Bigamy 16-15-120 Buggery 16-15-305(A) Unlawfully disseminating, processing, or promoting obscenity 16-15-425(C) Participation in the prostitution of a minor 16-16-20(2) Computer crime - First degree 16-17-410 Conspiracy 16-17-470(B)(2) Voyeurism (second or subsequent offense) 16-17-495(B) Transporting a child under sixteen years of age with the purpose of concealing the child or avoiding a custody order or statute 16-17-600(C) Destruction or desecration of human remains or repositories - destroys, tears down, injures fencing, trees, flowers, or shrubs around a repository of human remains 16-17-680(E) Unlawful sale of nonferrous metals in any amount to a secondary metals recycler, third or subsequent offense 16-17-722(B) Knowingly file a false police report regarding a felony 16-21-10 Altering, forging, or counterfeiting certificate of title, registration card, or license plate, misrepresentation or concealment in application 16-21-40(A)(2), (A)(4) Removing or falsifying identification number of vehicle or engine and buying, receiving, or selling such vehicle or engine 16-21-80(2) Receiving, possessing, concealing, selling, or disposing of stolen vehicle (value over $2,000 up to $10,000) 16-23-30 Sale or delivery of pistol to and possession by certain persons unlawful, stolen pistols (See Section 16-23-50) 16-23-50(A)(1) Handguns 16-23-410 Pointing firearms at a person 16-23-415 Taking a firearm, stun gun, or taser device from a law enforcement officer 16-23-420 Carrying or displaying firearms in public buildings or adjacent areas 16-23-430 Carrying weapons on school property 16-23-480 Manufacture or possession of article designed to cause damage by fire or other means 16-23-490 Possession of firearm or knife during commission or attempt to commit violent crime 16-23-500(B) Possession of a firearm or ammunition by a person convicted of a violent crime 16-23-520 Use, transportation, manufacture, possession, purchase, or sale of teflon-coated ammunition 16-23-740 Hindering certain individuals or devices during the detection, disarming, or destruction of a destructive device 16-25-20(B)(3) Criminal domestic violence - Third offense 16-25-20 Commission of criminal domestic violence - Third or subsequent offense 16-25-30(B) Ship, transport, receive, or possess a firearm or ammunition, if the person has been convicted of particular domestic violence offenses 16-25-125(E) Unlawful entry upon the grounds of a domestic violence shelter while possessing a dangerous weapon 16-27-30 Animal fighting or baiting 16-27-40 Presence at facility where animal fighting or baiting is taking place Third and subsequent offenses 17-13-170 False, fictitious, fraudulent, or counterfeit picture identification for purpose of offering proof of lawful presence in the U.S., second or subsequent offense 17-15-90(1) Wilful failure to appear before a court when released in connection with a charge for a felony or while awaiting sentencing 17-30-50(A) Interception of wire, electronic, or oral communications 17-30-55(A) Sending or manufacturing device for unlawful interception of wire, oral or electronic communications 20-4-60(B)(2) Possession firearm at time of criminal domestic violence 20-4-375(A) Making, presenting, filing, or attempting to file a false, fictitious, or fraudulent foreign protection order 23-3-470(B)(3) Failure of sex offender to register Third or subsequent offense 23-3-475(B)(3) Providing false information when registering as a sex offender Third or subsequent offense 23-3-510(2) Committing a felony by using information obtained from the sex offender registry 23-3-535(D)(3) Sex offender's failure to vacate a residence that is within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground - Second offense 23-3-540(I) Sex offender failing to comply with reporting requirements 23-3-540(L) Sex offender removing or tampering with monitoring device 23-3-550 Assisting or harboring unregistered sex offender 23-3-650(C) Unlawful disclosure of DNA information from State DNA Database 23-31-160 False information or evidence on firearms license application (See Section 23-31-190) 23-31-190 Penalties, violation concerning regulation of pistols 23-31-1040 Unlawful for a person adjudicated as a mental defective or committed to a mental institution to ship, transport, possess, or receive a firearm or ammunition 23-36-170(a) Penalty (violation of South Carolina Explosives Control Act) First offense 23-50-50(B) Divulging privileged communication, protected information, or a protected identity with intent to obtain monetary gain or other benefit 24-1-270 Trespass or loitering on or refusal to leave state correctional properties 27-32-120(B) Violation of vacation time sharing plans Third or subsequent offense 32-7-100(A)(2) Preneed funeral contract violations (value between $2,000 and $ 10,000) 33-56-145(A) Defrauding a charity (second or subsequent offense) 33-56-145(B) Giving false information with respect to registering a charity (second or subsequent offense) 33-57-170(A) Person or organization that unlawfully conducts a nonprofit raffle-second or subsequent offense 33-57-170(B) Person or organization that violates a provision of Title 33, Chapter 57 with the intent to deceive or defraud an individual or nonprofit organization - second or subsequent offense 33-57-170(C) Person or organization that gives false or misleading information on a registration or report under Title 33, Chapter 57 34-3-110(B) Crimes against a federally chartered or insured financial institution 35-1-508(a)(2) Violation of Title 35, Chapter 1 when an investor loses less than twenty thousand dollars, but more than one thousand dollars 36-9-410(C)(2) Unlawful disposal of personal property that is subject to a perfected security interest whose value is more than $2,000 but less than $10,000 36-9-501(c) Filing a false or fraudulent financing statement 38-9-150 Return of deposited securities (making false affidavit) 38-13-170 Making or aiding in making false statement (Insurance) 38-43-245 Licensed insurance producer fraudulently submitting application for insurance 38-55-170(2) Presenting false claim for payment (Insurance) (value over $2,000 up to $10,000) 38-55-540(A)(3) Knowingly making false statement or misrepresentation resulting in economic advantage of between ten and fifty thousand dollars, first offense 39-15-1190(B)(1)(a)(iii) Transferring, distributing, selling, or otherwise disposing of an item having a counterfeit mark on it, with goods or services having a value of $10000 or more but less than $50000; using any object, tool, machine, or other device to produce or reproduce a counterfeit mark 39-15-1190(B)(1)(b)(i) Trafficking in counterfeit marks, First Offense 39-22-90(A)(1)-(4), (9) Prohibited acts. State Warehouse System (See Section 39-22-90(B)) 39-23-80(B)(2) Adulterated, misbranded, or new drugs and devices Second offense 39-23-80(B)(3) Adulterated, misbranded, or new drugs and devices - with intent to defraud or mislead 40-5-310 Unlawful practice of law by a person 41-8-70 Intentional use of a false document in connection with private employment 43-35-85(B), (C), (D),16-3-1050(B), (C), (D) Abuse, neglect, or exploitation of a vulnerable adult 44-23-1150(C)(2) Second degree sexual misconduct 44-41-80 Performing unlawful abortion 44-41-85(A) Performing a partial-birth abortion 44-43-375(A) Purchase or sale of body part for transplantation or therapy 44-43-380 Falsification of document of gift or refusal for financial gain 44-53-40(B) Obtaining certain drugs, devices, preparations, or compounds by fraud, deceit, or the like Second or subsequent offense 44-53-365 Taking or exercising control over another person's controlled substance-First 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) First offense 44-53-370(b)(3) Prohibited Acts A, penalties (manufacture or possession of Schedule IV drugs except for flunitrazepam with intent to distribute) Second or subsequent offense 44-53-370(d)(1) Prohibited Acts A, penalties (possession of narcotic drugs in Schedule I (b), (c), LSD, and Schedule II) Second, third, or subsequent offenses 44-53-370(d)(3) Possession of cocaine, second offense 44-53-375(A) Possession of less than one gram of methamphetamine or cocaine base, second 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, First Offense 44-53-378(B) Exposing child to methamphetamine 44-53-380 Prohibited Acts B, penalties 44-53-390 Prohibited Acts C, penalties 44-53-395 Prohibited acts, penalties (prescription drugs) Second or subsequent offense 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, First Offense 44-53-1530(1)(a) Distribution of anabolic steroids (first offense) 44-63-161(B) Making false statement on or altering official certificate or record 45-2-40(B)(2) Inflicting more than $2,000 but less than $10,000 in damages to a lodging establishment while using or possessing a controlled substance, beer, wine, or alcohol 46-1-20(2) Stealing crops from the field (value over $2,000 up to $10,000) 46-1-40(2) Stealing tobacco plants from bed (value over $2,000 up to $10,000) 46-1-60(B)(2) Making away with produce before payment (value over $2,000 up to $10,000) 46-1-70(B)(2) Factors or commission merchants failing to account for produce (value over $2,000 up to $10,000) 46-1-75(B)(2) Maliciously damaging farm product, research facility or equipment valued at $500 or more 46-41-30(2) Unlawful to engage in business as dealer without license (agricultural products) Second or subsequent offense 47-1-40(B) Torture, torment, mutilate, cruelly kill, or inflict excessive or repeated unnecessary pain or suffering upon an animal 47-3-630 Torturing, mutilating, injuring, disabling, poisoning, or killing a police dog 47-3-760(B)(2) Penalty for owner of dangerous animal which attacks and injures a human Second or subsequent offense 49-1-50(C)(2) Sale of drifted lumber or timber (value over $2,000 up to $10,000) 50-11-95(D) Engaging in Computer Assisted Remote Hunting, Second and Subsequent Offense 54-7-815 Unlawful salvage of certain sunken warships 55-1-30(1) Unlawful removing or damaging of airport facility or equipment 56-1-1100 Habitual traffic offenders, violation of free vehicle registration for disabled veterans 56-1-2070 Driving commercial motor vehicle in violation of an out-of-service order, two violations 56-5-750(B)(2) Failure to stop for a law enforcement vehicle - Second or subsequent offense (no death or injury occurs) 56-5-1030(B)(1) Interference with traffic-control devices or railroad sign or signals 56-5-2780(B)(2) Unlawful passing a school bus when death results 56-5-2930 Driving under influence of liquor, drugs, or like substances unlawful (See Section 56-5-2940(4)) 56-5-2933 Driving with an unlawful alcohol concentration, fourth or subsequent offense 56-5-4975(B) Operation of unlicensed ambulance without removing exterior markings, sirens, etc., with intent to commit felony Fourth or subsequent offense 56-29-30(B) Unlawful to alter, counterfeit, deface, destroy, disguise, etc. a vehicle identification number 56-29-30(C)(1) Unlawful to buy, dispose, sell, transfer, or possess a motor vehicle or part with tampered identification number 56-29-30(D) Attempt to violate Motor Vehicle Chop Shop, Stolen, and Altered Property Act 56-29-30(E) Conspiracy to violate Motor Vehicle Chop Shop, Stolen, and Altered Property Act 57-1-40 Department of Transportation, bribery 58-7-60(B)(3) Unlawful appropriation of gas - third or subsequent offense 58-7-60(C)(1) Unlawful appropriation of gas that result in property damage in excess of $5,000 or the risk of great bodily injury or death - third or subsequent offense 58-7-60(E)(3) Aiding, abetting, or assisting another person in withdrawing and appropriating gas - third or subsequent offense 58-7-70(B) Cheating and defrauding, or altering a meter to withdraw or take gas - third or subsequent offense 58-7-70(C)(3) Wrongful use of gas and interference with gas meters for profit - third or subsequent offense 58-7-70(D)(3) Wrongful use of gas and interference with gas meters for profit when violation results in property damage greater than $5,000 or in risk of great bodily injury or death - third or subsequent offense 58-13-740 Violation of provisions concerning transportation of explosive compounds 58-15-820 Wilful obstruction of railroad or electric railway 58-15-875(D)(3) Unlawful conduct relating to railroad track material for recycling, third or subsequent offense 58-17-4100 Shooting or throwing missile at trains 59-150-260(A) Intentional making, altering, forging, uttering, passing, or counterfeiting a state lottery game ticket 59-150-260(B) Influencing or attempting to influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials 59-150-270(A) Knowing or intentionally making a material false statement in an application for a license or proposal to conduct lottery activities or a material false entry in a book or record which is compiled or submitted to the lottery board 59-150-400(D) Conspiracy

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

Code Commissioner's Note

The crime classification tables are added by the Code Commissioner pursuant to Section 2-13-66, and updated annually.

Editor's Note

2010 Act No. 273, Section 7.C, provides:

"Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."

SECTION 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:

4-11-130 Disbursing officers may not exceed or transfer appropriations 4-17-70 Wilful injury to courthouse or jail 5-21-30 Municipal officers prohibited from contracting with municipality 5-21-40 Officers required to account to municipality for interest collected on deposits 7-5-325 Fraudulent change of address by elector for registration for voting purposes 7-13-1920 Tampering with voting machine 7-25-10 False swearing in applying for registration (election laws) 7-25-70 Procuring or offering to procure votes by threats 7-25-110 Voting more than once at elections 7-25-120 Impersonating a voter 7-25-160 Wilful neglect or corrupt conduct on the part of managers 7-25-170 Wilful neglect or corrupt conduct by officers other than managers 8-11-30 Payment or receipt of salary not due to state officers or employees 9-1-1160(A) Collection of members contribution, failure to make payroll reports and remittances (State Retirement System) 10-11-315 Defacing, destroying or attempting to deface or destroy a monument or flag on the capitol grounds 10-11-320 Carrying or discharging a firearm on the capitol grounds or in the capitol building 10-11-360 Violation of article concerning offenses on capitol grounds and in capitol building 11-1-20 Failure to account for interest on deposit of public funds 11-1-40 Contracts in excess of tax or appropriation, diverting public funds 11-9-20 Disbursing officers exceeding or transferring appropriations 12-2-70 Neglect or misconduct of county auditor or treasurer 12-28-1500(F) An operator of a refinery, terminal, or bulk plant failure to provide an automated shipping document to a driver of a fuel transportation vehicle receiving taxable motor fuel 12-28-1545(B) Licensed importer failure to meet requirements regarding fuel which has not been dyed, nor tax paid or accrued by the supplier 12-28-1550(C) Failure to meet requirements for exporting fuel 12-28-1555(D) Operation of a motor vehicle with dyed fuel 12-28-1560(D) Knowingly engaging or knowingly aiding and abetting another person to engage in a motor fuel business without a license 12-28-1565(C) Fuel must meet ASTM standards 12-28-1570(C) False statement on shipping paper regarding liability for user fees 12-28-1585(C) Tampering with metering device 12-28-1585 12-28-1720(C) Truck drivers who violate certain shipping requirements for the second and subsequent times 12-28-1940(B) Refusing to allow certain inspections for the purpose of evading the payment of taxes 12-54-44(B)(6)(c)(i) Concealing goods on which tax imposed with intent to evade assessment or collection 12-54-44(B)(6)(c)(ii) Wilful failure to pay over money received from third party to discharge payor's tax liability 16-3-600(A) Assault and battery in the second degree 16-3-730 Publishing name of victim of criminal sexual conduct unlawful 16-3-1050(G) Threatening, intimidating, or attempting to intimidate a vulnerable adult subject to an investigation 16-3-1050(H) Obstructing or impeding an investigation pursuant to Chapter 35 of Title 43 16-3-1720(A) Harassment in the first degree 16-3-1720(B) Harassment in the first degree when a restraining order is in effect 16-3-1910(O) Violation of a permanent restraining order, if the underlying conviction that was the basis for the permanent restraining order was a misdemeanor 16-3-1920(N) Violation of an emergency restraining order, if the underlying conviction that was the basis for the emergency restraining order was a misdemeanor 16-3-2080(F) Disclosing information about a trafficking victim or certain shelters or unlawfully entering the grounds of certain shelters 16-5-40 Duty of officers to execute warrants 16-5-50 Penalty for hindering officers or rescuing prisoners 16-7-160(1) Illegal use of stink bombs or other devices containing foul or offensive odors 16-7-170 Entering public buildings for purpose of destroying records or other property 16-11-30 Possession of master keys and nonowner key sets while engaged in crime 16-11-140 Burning of crops and other kinds of personal property 16-11-523 Obtaining nonferrous metals unlawfully resulting in disruption of communication or electrical service to critical infrastructure 16-11-560 Burning, cutting untenanted or unfinished buildings 16-11-570 Injury or destruction of building or crops by tenant 16-11-770(B)(3) Committing illegal graffiti vandalism, third or subsequent offense 16-11-780 Entering certain lands to discover, uncover, move, remove, or attempt to remove an archaeological resource- second offense 16-11-920(A)(3) Operation of an audiovisual recording device in a motion picture theatre with intent to record, third offense 16-13-10 Forgery that does not involve a dollar amount 16-13-131(C)(1) Larceny against a merchant by offering a fraudulent product code on merchandise - first offense 16-13-135(E)(1) Retail theft - first offense 16-13-150 Purse snatching (not grand larceny or robbery) 16-13-180(B)(2) Receiving stolen goods (value over $2,000 up to $10,000) 16-13-380 Theft of electric current (second or subsequent offense) 16-13-385(B)(2) Tampering with a utility meter - second offense 16-13-385(C)(2) Tampering with a utility meter for profit - second offense 16-13-385(D)(2) Tampering with a utility meter that results in property damage in excess of $5,000 or results in the risk of great bodily injury or death - second offense 16-13-470(B)(1) Defrauding a drug or alcohol screening test (first offense) 16-15-130 Indecent exposure 16-15-250 Communicating obscene messages (nontelephonic) 16-17-470(A) Eavesdropping or peeping 16-17-470(B)(1) Voyeurism (first offense) 16-17-490 Contributing to the delinquency of a minor 16-17-495(C) Returning a child under sixteen years of age within three days of a violation of a custody order or statute 16-17-505(3) Knowingly selling cigarettes in packages that violate federal law 16-17-650(A)(2) Engaging in cock fighting, game fowl or illegal game fowl testing, Second Offense 16-17-680 Presenting a falsified bill of sale for a coil to a secondary metals recycler 16-17-680(D) Purchase from certain persons of nonferrous metals for the purpose of recycling the nonferrous metals, third or subsequent offense 16-17-680(D)(3) Unlawful purchase of nonferrous metals 16-17-680(E) Unlawful sale of nonferrous metals in any amount to a secondary metals recycler, second offense 16-17-680(F) Secondary metals recycler possessing stolen nonferrous metal, third or subsequent offense 16-17-680(G) Transportation of nonferrous metals of an aggregate weight of more than ten pounds, third or subsequent offense 16-17-735(D) Persons falsely asserting authority of law 16-21-60(A) Use of vehicle without permission (intent to deprive) 16-23-470 Illegal possession of teargas gun or ammunition for teargas gun 16-23-530 Knowingly selling or providing a gun to an illegal alien 16-25-30(B) Ship, transport, receive, or possess a firearm or ammunition, if the person has been convicted of a violation of Section 16-25-20(C) or (D), related to domestic violence 16-25-125(E) Unlawful entry upon the grounds of a domestic violence shelter 17-7-510 Burying body without notice or inquiry 22-9-140 Penalty for failing to execute process of magistrate's court 23-1-20 Peace officers may not be employed on contingent basis 23-3-535(D)(2) Sex offender's failure to vacate a residence that is within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground - Second offense 24-13-425(B) Unlawful removal, destruction, or circumventing of the operation of an electronic monitoring device 25-7-20 Obtaining or giving information respecting national or state defense 29-1-30 Wilful sale of property on which lien exists 35-1-508(a)(3) Violation of Title 35, Chapter 1 when an investor loses less than one thousand dollars, or if no losses are proven 37-13-50 Regulation of subleasing and loan assumption of a motor vehicle 38-7-140 Failure to pay money due or to supply information required 38-13-140 Refusal to exhibit records, false statements (Insurance) 38-25-330 Violations of Chapter 25, Unauthorized Transaction of Insurance Business 38-38-720(2) Making a false statement or representation regarding a fraternal benefit society if the amount of the economic benefit received is $1,000 or more (first offense) 38-43-190 Fraud regarding payment of insurance premium 38-55-80 Loans to directors or officers (Insurance) 38-55-150 Accepting premiums or assessments in insolvent company (Insurance) 38-55-160 Insuring uninsurable persons with intent to defraud 38-55-173(B)(1) Vehicle glass repairer offering or making certain payments of $1,000 or more 38-55-540(A)(2) Knowingly making false statement or misrepresentation resulting in economic advantage of between one and ten thousand dollars, first offense 38-59-50 Payment or settlement of benefits in merchandise or service prohibited (Insurance) 39-15-750 Destruction of brand or removal or transfer of timber 39-15-1190(B)(1)(a)(ii) Transferring, distributing, selling, or otherwise disposing of an item having a counterfeit mark on it, with goods or services having a value of more than $2000 but less than $10,000; using any object, tool, machine, or other device to produce or reproduce a counterfeit mark 40-5-320 Practice of law by corporations and voluntary associations unlawful 40-5-350 Soliciting legal business unlawful 40-5-360 Splitting fees with laymen unlawful 40-54-80 Violations of chapter concerning dealers in precious metals - Third or subsequent offenses 43-5-40 Unlawful publication or other use of records 43-7-60 False claim, statement, or representation by a medical provider 43-7-70 False statement of representation on an application for public assistance 43-7-80(B) Provider required to keep separate accounts and records 43-33-40 Unlawful interference with rights of blind or other physically disabled person 43-35-85(G) Threatening, intimidating, or attempting to intimidate a vulnerable adult subject to an investigation 43-35-85(H) Obstructing an investigation pursuant to the Omnibus Adult Protection Act 44-31-360 Violation of article concerning tuberculosis prisoners and inmates of institutions 44-37-30 Offenses related to neonatal testing 44-41-36(A) Performing an abortion on an unemancipated minor 44-41-350 Performing an abortion without satisfying "A Woman's Right to Know" provision, third or subsequent offense 44-53-370(b)(3) Prohibited Acts A, penalties (Schedule IV drugs except for flunitrazepam) First offense 44-53-370(d)(3) Possession of cocaine, first offense 44-53-375(A) Possession of less than one gram of methamphetamine or cocaine base 44-53-398(H)(3) Purchasing a product containing ephedrine or pseudoephedrine from any person other than a manufacturer or registered wholesale distributor, Second Offense 44-79-120 Violation of chapter concerning Physical Fitness Services Act 45-9-90 Equal enjoyment and privileges to public accommodations 46-17-460 Violation of chapter concerning agricultural commodities marketing 46-19-270 Displaying sign showing Department of Agriculture approval prior to approval 46-25-80 Violations of chapter concerning fertilizer law 46-41-30(1) Unlawful to engage in business as dealer without license, penalties for violation (agricultural products) - First offense 46-55-40 Manufacturing, distributing, dispensing, delivering, purchasing, etc., of marijuana on property used for industrial hemp production 47-3-630 Torturing, mutilating, injuring, disabling, poisoning, or killing a police dog or horse. 47-3-760(B)(1) Penalty for owner of dangerous animal which attacks and injures a human - First offense 47-3-960 Injuring, disabling or killing guide dog 47-17-100(A) Violation of a Meat and Meat Food Regulations Inspection Law, with intent to defraud 47-19-120(C)(1) Interference with person performing official duties under chapter on poultry inspection 47-21-80(A) Penalty for violation of Farm Animal and Research Facilities Protection Act 47-21-250(A) Penalty for crop operation violations 48-27-250 Violation of chapter concerning registration of foresters 48-49-60(a) Violations of chapter concerning SC Mountain Ridge Protection Act 50-1-85(4) Negligent use of firearms or archery tackle when death results. 50-11-100(B) Construction of a fence which impedes the free range of deer 50-13-1460 Use of explosives to take fish 50-13-1470 Failure to report use of explosives to take fish 50-21-112(B)(3) Operating a water device while under the influence of alcohol (third offense) 50-21-117(B)(3) Operation of a water device while this privilege is suspended for operation under the influence of alcohol, third or subsequent offense 54-1-40 Criminal liability for unskillful or negligent management of steamboat 55-3-130 Discharging a laser at an aircraft, second offense 56-1-460 Driving while license canceled, suspended, or revoked - Third and subsequent offense 56-5-750(B)(1) Failure to stop for a law enforcement vehicle - First offense (no death or injury occurs) 56-5-2930 Unlawful for persons to drive under influence of liquor, drugs, or like substances (See Section 56-5-2940(3)) - Third offense 56-5-2933 Driving with an unlawful alcohol concentration, third offense 56-5-2941(K)(1)(b) Unlawful operation of a vehicle equipped with an ignition interlock device, second offense 57-7-20(C) Putting a foreign substance on a highway with malice and personal injury results 58-7-60(B)(2) Unlawful appropriation of gas - second offense 58-7-60(C)(2) Unlawful appropriation of gas that results in property damage in excess of $5,000 or the risk of great bodily injury or death - second offense 58-7-60(E)(2) Aiding, abetting, or assisting another person in withdrawing and appropriating gas - second offense 58-7-70(B) Cheating and defrauding, or altering a meter to withdraw or take gas - second offense 58-7-70(C)(2) Wrongful use of gas and interference with gas meters for profit - second offense 58-7-70(D)(2) Wrongful use of gas and interference with gas meters for profit when violation results in property damage greater than $5,000 or in risk of great bodily injury or death - second offense 58-15-875(D)(2) Unlawful conduct relating to railroad track material for recycling, second offense 58-17-4040 Gross carelessness or negligence in the operation of a train 58-23-920 Insurance required of owners of motor vehicles transporting goods for hire Second and subsequent offenses 59-25-250(A) Revocation or suspension of certificate, powers and duties of Court of Common Pleas, warrant for production of witnesses 59-41-80 Violation of chapter concerning grants to private school pupils 59-63-450 No child may be counted in enrollment more than once 59-102-150 Prohibited acts by athlete agents 61-4-170 Sale of a beverage containing alcohol which resembles a vegetable, or fruit or soft drink 61-6-4180 Possession of a firearm while unlawfully manufacturing, transporting, or selling alcoholic liquors

(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:

12-21-2540 Use of altered or counterfeit tickets or reuse of tickets 12-21-2714 Use of slug or any false coin to operate automatic vending machine or other machine requiring coin for operation 12-21-3070 Improper use, alteration or reuse of stamps and for failure to pay tax, make any report on, or submit required information 14-7-380 Jury commissioners guilty of fraud 16-3-410 Sending or accepting challenge to fight (with a deadly weapon) 16-3-420 Carrying or delivering challenge, serving as second 16-5-130(2), (3) Instigating, aiding, or participating in riot 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, first offense 16-9-410(C)(2) Aiding escapes from prison, for prisoners charged with noncapital offenses 16-9-420 Aiding escape from custody of officers 16-11-580(C)(1) Forest products violation (value more than $1,000 but less than $5,000) 16-11-910 and16-11-915 Transfer of recorded sounds for unauthorized use or sale (See Section 16-11-920(C)) 16-11-920(A)(2) Operation of an audiovisual recording device in a motion picture theatre with intent to record, second offense 16-11-930 Illegal distribution of recordings without name and address of manufacturer and designation of featured artist (See Section 16-11-940(B)) 16-13-65 Selling aquaculture products or damaging facilities valued at greater than $100 (third or subsequent offense) 16-13-437 False statement or representation about income to a public housing agency 16-16-20(3)(c) Computer crime - second degree - Second or subsequent offense 16-16-20(4) Computer Crime Act - third degree - Second or subsequent offense 16-17-10 Barratry 16-17-510 Enticing enrolled child from attendance in public or private school 16-17-560 Assault or intimidation on account of political opinions or exercise of civil rights 16-17-610 Soliciting emigrants without licenses 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 23-17-110 Purchases by sheriff or deputy at sheriff's sale 23-31-370 False statement to obtain special license 23-31-400(C) Use of a firearm while under the influence of alcohol or a controlled substance 23-35-130 Manufacture, storage, transportation, or possession of certain fireworks illegal 23-41-60 Violation of arson reporting immunity act 25-1-150 Unauthorized wearing of military insignia 25-1-2180 Assault upon military personnel 25-7-60 Conspiracy (treason or sabotage during war) 25-7-80 Concealing or harboring violator of chapter on treason; sabotage 27-29-150 Violating provisions of Uniform Land Sales Practice Act 30-15-50 Forgery of discharge (veterans) 31-17-520(2)(c) License for travel trailer dealer - Third and subsequent offenses 32-1-290 Making or assisting in making contracts when actual delivery not contemplated, or operating bucket shop 34-11-90(b) Drawing and uttering fraudulent check $5,000 or less, first offense 34-39-240 Wilful violation of section, requiring license for engaging in business of deferred presentment service 34-41-120 Wilful violation of section, requiring license for engaging in business of either Level I or Level II check-cashing service 38-2-20 Penalty for a person convicted of a misdemeanor contained in Title 38 38-2-30 Acting without license required by Title 38 on insurance 38-21-340 Criminal prosecutions (Insurance Holding Company Regulatory Act) 38-43-160 Unlawfully representing an unlicensed insurer 38-43-240 Other offenses by insurance agent 38-45-150 Insurance Broker Chapter Violation 38-47-60 Adjuster acting for unauthorized company (See Section 38-2-20) 38-48-130 Unlawful practices for public insurance adjusters 38-51-20 Acting as an administrator of an insurance benefit plan without a license 38-55-60 Discrimination in the conduct of an insurance business 38-55-340 Connection of Undertakers with certain insurers article violation 38-63-10 Circulation of false or misleading information by an agent or officer of a life insurer 38-73-80 Withholding or giving false information to the Insurance Commissioner regarding surety rates 38-77-1160 Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting - Immunity Act violation 39-23-80(B)(1) Prohibited acts (concerning adulterated, misbranded, or new drugs and devices) - First offense 39-25-50(a) Penalties, effect of guaranty from supplier or article, liability of advertising media - Second or subsequent offense 39-33-1320 Violation concerning butterfat content and weight of milk - Second and subsequent offenses 40-15-212 Unlawful practice or aiding or abetting in the unlawful practice of dentistry, dental hygiene, or dental technological work 40-29-180 Violation of chapter concerning manufactured housing 40-37-200(A) Practicing optometry unlawfully 40-43-86(EE) Possessing, dispensing, or distributing drugs, or devices without a prescription from a licensed practitioner 40-59-200 Violation of residential builders licensing provisions 40-81-200 Violations of Chapter 40, State Athletic Commission 40-81-480 Events involving combative sports or weapons violation 44-41-80(b) Performing or soliciting unlawful abortion, testimony of woman may be compelled 44-53-40(B) Obtaining certain drugs, devices, preparations, or compounds by fraud, deceit, or the like - First offense 44-53-370(b)(4) Prohibited Acts A, penalties (possession of Schedule V drugs) - Second and subsequent offenses 44-53-370(d)(1) Prohibited Acts A, penalties (possession of controlled substances in Schedules I (b), (c), II, and LSD) - First offense 44-53-395 Prohibited acts, penalties (prescription drugs) - First offense 44-53-1680(A) Knowingly failing to submit prescription monitoring information to the bureau of drug control 44-56-130 Unlawful acts (Hazardous Waste Management Act) (See Section 44-56-140) - Second or subsequent offense 44-55-1360 Worker, sewage and waste water disposal violation 44-93-150(C) Infectious Waste Management Act violation (second offense or subsequent offense) 44-96-100(B) Wilful violation of solid waste regulations, second or subsequent offenses 44-96-450(B) Wilful violation of Solid Waste Act Second or subsequent offenses 46-33-60 Penalty on out-of-state shippers 47-1-40(A) Cruelty to animals - Third or subsequent offense 47-1-50 Cruelty to animals in one's possession 48-1-90 Causing or permitting pollution of environment prohibited (See Section 48-1-320) 48-1-320 Violation (Pollution Control Act) 48-1-340 False statement, representations or certifications, falsifying, tampering with or rendering inaccurate monitoring devices or methods 48-23-265(C)(1) Forest products violation first offense (value at least $5,000) 48-27-230 Endorsement of documents by registrants, illegal endorsements 48-43-550(f) Regulations as to removal of discharges of pollutants 49-1-20 Permitting logs and the like to obstruct or interfere with navigation of rivers or harbors 50-1-85(3) Use of a firearm or archery tackle while hunting or returning from hunting, in a criminally negligent manner when bodily injury results 50-11-96 Introducing a fertility control agent or chemical substance into any wildlife without a permit 50-11-430 Illegal taking of bears and bear parts 50-11-2640(B) Bringing into State or importing live coyote or fox without permit - Second offense 50-13-1440 Using explosives to take fish unlawful - Third offense 51-3-150 Trespass upon state park property 56-1-2070 Driving commercial motor vehicle in violation of an out-of-service order, first violation 56-5-5030 Devices to emit smoke screen, noisome gases, or odors prohibited 56-15-310(B)(3) Dealer wholesaler license violation (third or subsequent offense) 56-16-140(B)(3) Failure to secure a license as a motorcycle dealer or wholesaler 58-13-10 Opening or injuring package, parcel, or baggage by employee of carrier unlawful 58-15-840 Taking or removing brasses, bearings, waste, or packing from railroad cars 58-15-860 Injuring or destroying electric signals or other structures or mechanisms 61-6-4010(B)(3) Unlawful manufacture, possession or sale of alcoholic liquors - Third or subsequent offense 61-6-4025(c) Possession of unlawfully acquired or manufactured alcoholic liquors in a vehicle, vessel, or aircraft - Third or subsequent offense 61-6-4030(c) Transportation of alcoholic liquors in a taxi or other vehicle for hire - Third or subsequent offense 61-6-4040(c) Rendering aid in unlawful transportation of alcoholic liquors - Third or subsequent offense 61-6-4060(B)(3) Unlawful storage of alcoholic liquor in a place of business - Third or subsequent offense 61-6-4100(c) Manufacture, sale, or possession of unlawful distillery - Third or subsequent offense 61-6-4110(c) Knowingly permitting or allowing a person to locate an unlawful distillery on a premise - Third or subsequent offense 61-6-4120(c) Unlawful manufacture, transport, or possession of materials used in the manufacture of alcoholic liquors - Third or subsequent offense 61-6-4130(c) Present at a place where alcoholic liquors are unlawfully manufactured - Third or subsequent offense 61-6-4150(c) Unlawful sale of alcoholic liquor from a vehicle, vessel, or aircraft - Third or subsequent offense 61-6-4155(B)(3) Use, offer for use, purchase, offer for purchase, sell, offer to sell, or possession of an alcohol without liquid device - Third and subsequent offense 61-6-4157(B)(1)(c) Unlawful use, offer for use, purchase, sale, or possession of powdered alcohol, and the unlawful use of powered alcohol as an alcoholic beverage by a holder of a license for consumption of alcohol 61-6-4160(c) Unlawful sale of alcoholic liquors on Sundays, election days, and other day - Third or subsequent offense 61-6-4170(B)(3) Advertisement of alcoholic liquors from billboards - Third or subsequent offense 63-9-2050 Submitting false claim for benefits

(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:

1-6-100 Unlawful disclosure of confidential information 1-7-400 Circuit solicitors disabled by intoxicants 2-15-120 Confidentiality of records (Legislative Audit Council) penalty for violations 2-17-50 Failure to file requirement statement with State Ethics Commission, third or subsequent offense 2-17-130 Penalties for violations of lobbyist chapter 2-17-140 Penalties for filing groundless complaint 5-21-500 Diverting municipal funds allocated to bond payments for other purposes 6-1-120(C) Disclosure of taxpayer information 7-25-20 Fraudulent registration or voting 7-25-100 Allowing ballot to be seen, removing ballot from voting place, improper assistance 7-25-200 Unlawful to pay a candidate to file or withdraw from candidacy 8-1-30 Knowingly allowing false claims by witnesses or jurors of mileage traveled 8-1-80 Misconduct in office, habitual negligence, and the like 8-9-10 Delivery by officer of books and papers to successor (public officers/employees) 8-9-30 Delivery by officer of monies on hand to successor 8-13-320(9)(c) Penalty for wilful filing of groundless complaint with Ethics Commission 8-13-320(10)(g) Penalty for wilful release of confidential information relating to ethics investigation 8-13-540(1) Penalty for wilful filing of groundless complaint with Senate or House Ethics Committee 8-13-1510 Failure to file reports, Ethics, Government Accountability, and Campaign Reform, third or subsequent offense 8-13-1520 Penalty for violation of ethics chapter 9-1-40 Penalties for making false statement or record (South Carolina Retirement System) 9-8-220 Penalty for false statements or falsification of records (Judges' and Solicitors' Retirement System) 9-9-210 False statements and falsification of records (General Assembly Retirement System) 9-11-320 False statements and falsification of records (Police Officers' Retirement System) 10-9-260 Interfering with state, board or licensees, mining without license 11-15-90 Failure to make payment or remit funds for payment of obligations 11-15-290 Public officer failure to make investments in accordance with article 11-48-30(C)(3) Sale or possession of cigarettes of a manufacturer not included in the state directory 11-48-100 Knowingly violating tobacco regulations 12-21-2710 Unlawful possession or operation of gaming devices 12-21-2830 Record required of gross receipts, record subject to inspection, violations 12-24-70(B) Submitting false information on an affidavit accompanied by a deed 12-28-2345 Unlawful alteration of petroleum products shipping information 12-51-96 Conditions of redemption, taxation 12-54-44(B)(3) Wilful failure to pay estimated tax or keep required records 12-54-44(B)(4) Wilful furnishing of false statement required for tax purposes 12-54-44(B)(5) Wilfully providing employer with false information which decreases tax withheld 12-54-44(B)(6)(c)(iii) Wilful delivery to tax department of fraudulent document 12-54-240 Disclosure of records of and reports and returns filed with the Department of Revenue by employees and agents of the department and the State Auditor's Office prohibited 13-7-80 Violation of provisions concerning nuclear energy 14-7-1720 Penalty for disclosing State Grand Jury information 14-17-580 Clerk is responsible for books, papers, and other property 14-23-680 Judge responsible for books, papers, and property of office 16-1-55 Accessory after the fact to a Class B Misdemeanor 16-3-210 Assault and battery by mob in the third degree 16-3-530 Penalties, hazing 16-3-610 Assault with concealed weapon 16-3-1050(A) Failure to report abuse, neglect, or exploitation of a vulnerable adult 16-3-1340 Victim's compensation fund, soliciting employment to pursue claim or award 16-3-1710(B) Harassment in the second degree 16-3-1720(D) Harassment first degree with use of licensing or registration information 16-3-2090(D) Use of property or conveyance subject to forfeiture 16-7-110 Wearing masks and the like (See Section 16-7-140) 16-7-120 Placing burning or flaming cross in public place (See Section 16-7-140) 16-7-150 Slander and libel 16-9-260 Corruption of jurors, arbitrators, umpires, or referees 16-9-270 Acceptance of bribes by jurors, arbitrators, umpires, or referees 16-9-320(A) Opposing or resisting law enforcement officer serving process 16-9-370(a) Taking money or reward to compound or conceal offense 16-11-150(a) Burning lands of another without consent - First offense 16-11-180 Negligently allowing fire to spread to lands or property of another - Second or subsequent offense 16-11-700(E) Littering (exceeding 500 lbs. or 100 cu. ft. in volume) 16-11-730 Malicious injury to or interference with microwave, radio, or television facilities; unauthorized use of such facilities 16-11-750 Unlawful injury or interference with electric lines 16-11-770(B)(2) Committing illegal graffiti vandalism, second offense 16-11-820 Theft of cable television service unlawful use without payment (See Section 16-11-855) - Second and subsequent offense 16-11-825 Theft of cable television, unauthorized connection or use of device to cable television system (See Section 16-11-855) - Second and subsequent offenses 16-11-830 Theft of cable television service, aid, abet, or attempt (See Section 16-11-855) - Second and subsequent offenses 16-11-835 Advertisement or sale of instrument designed to avoid payment for cable services (See Section 16-11-855) - Second and subsequent offenses 16-11-840 Unauthorized device to decode or descramble cable television signal (See Section 16-11-855) - Second and subsequent offenses 16-11-845 Use, sale, or installation of a converter or similar device for unauthorized reception of cable signals (See Section 16-11-855) - Second and subsequent offenses 16-11-855 Violation of Article 8, Theft of Cable Television Service 16-11-910 Transfer of recorded sounds for unauthorized use or sale (See Section 16-11-920(E)) 16-11-915 Unauthorized sale of article containing live performances (See Section 16-11-920(E)) 16-11-920(A)(1) Operation of an audiovisual recording device in a motion picture theatre with intent to record, first offense 16-11-930 Illegal distribution of recordings without name and address of manufacturer and designation of feature artist (See Section 16-11-940(D)) 16-13-15 Falsifying or altering transcript or diploma, fraudulent use of falsified or altered transcript or diploma penalty 16-13-65 Stealing aquaculture products or damaging aquaculture facilities - First and second offense 16-13-300 Fraudulent removal or secreting of personal property attached or levied on 16-13-385(C)(1) Tampering with a utility meter for profit - first offense 16-13-385(D)(1) Tampering with a utility meter that results in property damage in excess of $5,000 or results in the risk of great bodily injury or death - first offense 16-13-400 Avoiding or attempting to avoid payment of telecommunications 16-13-410(1) Making or possessing device, plans or instruction which can be used to violate Section 16-3-400 16-14-60 Financial transaction card fraud 16-14-60(a) Financial transaction card fraud - value of things of value does not exceed five hundred dollars in any six-month period 16-14-60(a)(2)(d) Financial transaction card fraud - using financial transaction card to exceed certain balances or authorized lines of credit 16-14-60(b) Financial transaction card fraud by a person authorized to furnish anything of value upon presentation of a financial transaction card if the value does not exceed five hundred dollars in a six-month period 16-14-60(c) Financial transaction card fraud - filing of false application to an issuer of a financial transaction card 16-14-60(d) Financial transaction card fraud - filing of false notice or report of theft 16-14-80 Criminally receiving goods and services fraudulently obtained 16-15-50 Seduction under promise of marriage 16-15-60 Adultery or fornication 16-15-90 Prostitution (See Section 16-15-110(3)) - Third or subsequent offenses 16-15-100 Prostitution; further acts (See Section 16-15-110(3)) - Third or subsequent offenses 16-15-315 Condition on certain sales for resale or on franchising rights that obscene material be received for resale prohibited 16-15-325 Participation in preparation of obscene material prohibited 16-16-20(3)(c) Computer crime - second degree - First offense 16-17-310 Imitation of organizations' names, emblems, and the like 16-17-500(3) Providing tobacco products to a minor 16-17-520 Disturbance of religious worship 16-17-540 Bribery with respect to agents, servants, or employees 16-17-650(A)(1) Engaging in cockfighting, game fowl or illegal game fowl fighting testing, First Offense 16-17-680(D) Purchase from certain persons of nonferrous metals for the purpose of recycling the nonferrous metals, second offense 16-17-680(D)(2) Unlawful purchase or transportation of nonferrous metals, second offense 16-17-680(E) Unlawful sale of nonferrous metals in any amount to a secondary metals recycler, first offense 16-17-680(F) Secondary metals recycler possessing stolen nonferrous metal, second offense 16-17-680(G) Transportation of nonferrous metals of an aggregate weight of more than ten pounds, second offense 16-17-700 Tattooing 16-17-720 Impersonating law enforcement officer 16-17-735 Impersonation of state or local official or employee or law enforcement officer or asserting authority of state law in connection with a sham legal process 16-17-760 Falsely representing oneself as being the recipient of certain military awards 16-19-10 Setting up lotteries 16-19-40 Unlawful games and betting 16-21-60(B) Use of vehicle without permission (Temporary purpose only) 16-21-70 Use of bicycle or other vehicle without permission, but without intent to steal 16-23-20 Unlawful carrying of pistol (See Section 16-23-50(A)(2)) 16-23-450 Placing loaded trap gun, spring gun, or like device 16-23-730 Manufacturing, possessing, transporting, distributing, using, aiding, counseling, or conspiring in the use of a hoax device or replica of a destructive device or detonator that causes a person to believe that the hoax device or replica is a destructive device or detonator 16-25-20(C) Domestic violence in the second degree 16-27-40 Penalty (Animal Fighting or Baiting Act) - Second offense 17-15-90(2) Wilful failure to appear before a court when released in connection with a charge for a misdemeanor 17-22-170 Unlawful retention or release of information regarding participation in intervention program 17-28-350 Willful and malicious destruction of physical evidence or biological material. Second and subsequent offense 17-29-20 Installation of pen register or tap and trace device 17-30-50(B)(1) Interception of wire, electronic or oral communications - First offense 20-3-210 Unlawful advertising for purpose of procuring divorce (See Section 20-3-220) 22-9-170 Oppression in office or other misconduct, punishment 23-3-475(B)(2) Providing false information when registering as a sex offender - Second offense 23-17-40 Liability of sheriff for official misconduct for remaining in contempt after attachment 23-19-130 Penalties for failure to pay over monies (by sheriff) 23-31-215(M) Carrying a concealed weapon into a prohibited environment 23-31-225 Carrying a concealable weapon into the dwelling place of another without permission 23-35-150(3) Violation concerning fireworks and explosives - Third and subsequent offenses 23-37-50 Violations concerning safety glazing materials 23-39-40 Prohibited acts (Hazardous Waste Management Act) - Second and subsequent offenses (See Section 23-39-50(a)) 23-50-50(B) Divulging privileged communication, protected information, or a protected identity 24-3-410 Sale of prison-made products on open market generally prohibited 24-3-420 Violations of article governing prison industries other than Section 24-3-410 24-5-90 Discrimination in treatment of prisoners unlawful 24-27-300 Frivolous complaints or appeals filed by a prisoner 25-1-440(c)(1) Fraudulent or wilful misstatement of fact in application for financial federal disaster assistance 25-1-1420 Unlawful purchase or receipt of military property 25-1-3067 Conduct that prejudices the good order and discipline in military forces or brings discredit upon military forces 25-15-20 Improper use of Confederate Crosses of Honor 27-18-350(D) Refusal to deliver property under Uniform Unclaimed Property Act 30-2-50 Use of personal information from a public body for commercial solicitation 33-56-140 Illegal charitable organization of professional solicitations 33-56-145(A) Defrauding a charity (first offense) 33-56-145(B) Giving false information with respect to registering a charity (first offense) 33-57-170(A) Person or organization that unlawfully conducts a nonprofit raffle - first offense 33-57-170(B) Person or organization that violates a provision of Title 33, Chapter 57 with the intent to deceive or defraud an individual or nonprofit organization - first offense 33-57-170(C) Person or organization that gives false or misleading information in a registration or report under Title 33, Chapter 57 34-1-120 Penalties for obstructing commissioner of banking 34-3-70 False statements concerning solvency of bank 34-3-90 Penalties (violation of Sections 34-1-60, 34-1-70, 34-3-310, 34-3-320, 34-5-10 to 34-5-80 and 34-5-100 to 34-5-150 regarding banks and banking generally) 34-11-30 Receipt of deposits or trusts after knowledge of insolvency (banks and banking generally) 34-11-60 Drawing and uttering fraudulent check, draft, or other written order or stopping payment on check, draft, or order with intent to defraud (more than $200) - First offense 34-19-110 Use of words "safe deposit" or "safety deposit" 34-25-90(b) Wilfully entering false statements in bank records by an officer, director, agent, or employee of a bank holding company or a subsidiary of it 34-28-390 Penalties and remedies (violations concerning savings and loan acquisition and holding companies) 34-28-740 False statement affecting credit or standing of savings association 34-36-70 Violation of a provision that regulates loan brokers 37-5-301(a),(b) Wilful violations (Consumer Protection Code) 37-5-302 Disclosure violations (Consumer Protection Code) 37-5-303 Fraudulent use of cards (Consumer Protection Code) 37-11-120 Violation of a provision concerning the licensing and regulation of Continuing Care Retirement Communities 38-13-200 Penalty for refusing to be examined under oath (Insurance) 38-27-80(d) Cooperation of officers, owners, and employees (violation) (Insurance) 38-49-40 Violation of a provision that regulates Motor Vehicle Physical Damage Appraisers 39-9-200 Misuse of commercial weights and measures (See Section 39-9-208(A)) 39-11-170 Violation of a provision that regulates weighmasters (second or subsequent offense) 39-15-460 Unauthorized alteration, change, removal, or obliteration of registered mark or brand (labels and trademarks) 39-15-470 Purchase or receipt of containers marked or branded from other than registered owner 39-15-480 Unauthorized possession of marked or branded containers (trade and commerce) 39-15-490 Effect of refusal to deliver containers to lawful owner (trade and commerce) 39-15-500 Taking or sending containers out of State without consent of owner 39-15-1190 Intentional use of counterfeit mark or trafficking in goods carrying the mark 39-15-1190(B)(1)(a)(i) Transferring, distributing, selling, or otherwise disposing of an item having a counterfeit mark on it, with goods or services having a value of $2000 or less; using any object, tool, machine, or other device to produce or reproduce a counterfeit mark 39-17-340 Penalties (violation of article concerning grading of watermelons) 39-19-60 Penalty for disposal of stored cotton without consent of owner 39-22-90(A)(5)-(7) Prohibited acts. State Warehouse System (See Section 39-22-90(B)) 39-41-570 Penalties (violation of article concerning deception in sale of liquid fuels, lubricating oils and greases) 39-75-50 Selling, offering for sale, or delivering for introduction into this State nonconforming regrooved tires 40-1-200 Penalty for unlawful practice of a profession or submitting false information to obtain a license to practice a profession 40-2-200 Certified Public Accountants and Public Accountants regulations violations 40-3-200 Engaging in practice of architecture in violation of chapter or knowingly submitting false information for purpose of obtaining license 40-6-200 Penalties (violation of chapter concerning auctioneers) - Second offense 40-7-200 Practicing barbering unlawfully or submitting false information to obtain barbering license 40-8-110(K) Failure to make required contribution to care and maintenance trust fund or a merchandise account fund 40-8-190 Submitting false information to procure cemetery operator's license 40-10-200 Violation of First Protection Sprinkler Act 40-11-200 Illegal practice as licensed contractor 40-18-150 Penalties (violation of chapter concerning detective and private security agencies) 40-23-200 Practice as environmental systems operator in violation of Title 40, Chapter 23 40-31-20 Penalties (violation of chapter concerning naturopathy) 40-33-200 Unauthorized practice of nursing 40-35-200(C) Administering a nursing home, residential care facility or habilitation center without a license 40-36-200 Knowingly submitting false information to obtain license to practice as occupational therapist or as occupational therapy assistant 40-38-200 Violation of chapter regulating Opticians 40-41-60 License required for erection of lightning rods 40-41-220 Encamping and trading in animals or commodities by nomadic individuals without license unlawful 40-43-140 Unlawful use of titles, declarations, and signs - unlawful dispensing, compounding, and sale of drugs (pharmacists) 40-47-112 Attending to a patient while under the influence of drugs or alcohol 40-47-200 Submitting false information for purpose of obtaining a license to practice medicine 40-51-220 Penalties (violation of chapter on podiatry) 40-54-80 Violations of chapter concerning dealers in precious metals Second offense 40-55-170 Unauthorized practice of psychology 40-56-200 State Board of Pyrotechnic Safety violations 40-63-200 Practice as social worker in violation of Title 40, Chapter 63 40-68-150(B) Staff Leasing Services violation 40-79-200(A) Penalty (violation of South Carolina Regulation of Burglar Alarm System Businesses Act) 40-82-200 Failure to obtain a license to engage in liquified petroleum gas activities 41-1-60 Certain transactions between carriers or shippers and labor organizations prohibited, penalties 41-15-320(e) Penalties (wilfully violating safety or health rule or regulation) - Subsequent offense 41-25-30 Private personnel placement services applications and licensing (violations) (See Section 41-25-90) 41-25-40 Private personnel placement services; duties of licensees (See Section 41-25-90) 41-25-50 Prohibited activities or conduct of personnel agencies (See Section 41-25-90) 41-25-60 Advertisements in South Carolina of firms located outside its jurisdiction (See Section 41-25-90) 41-25-70 Prohibited activities or conduct of employers or person seeking employment (private personnel agencies) (See Section 41-25-90) 41-25-80 Confidentiality of record and files (private personnel agencies) (See Section 41-25-90) 42-9-360 Receiving fees, consideration, or gratuity for services not approved by the commission or the court 42-15-90 Receipt of fees, other consideration, or a gratuity not approved by the Worker's Compensation Commission 43-5-25 Wilful use of payment for purpose not in best interest of child, protective payee 43-5-950 Violations of article concerning women, infants, and children supplemental food program 43-35-85(A) Failure to report abuse, neglect, or exploitation of a vulnerable adult 44-2-140 Underground Petroleum Response Bank Act violation 44-6-180(B) Medically Indigent Assistance Act confidentiality violation 44-6-200 Falsification of information regarding eligibility for Medically Indigent Assistance Program 44-17-860 Unlawful taking of person from mental health facility without permission 44-22-100(C) Unlawful to disclose records of mental health patient or former patient 44-22-220(C) Unlawful to wilfully deny a patient his rights afforded him under chapter 44-23-240 Unwarranted confinement of an individual 44-23-1150(D) Submitting inaccurate or untruthful information concerning sexual misconduct 44-24-210 Unlawful without prior authorization to take child from grounds of inpatient facility 44-26-210 Denial of rights to a client with intellectual disability 44-32-120(F) Unlawful body piercing 44-34-100(F) Tattooing violation 44-41-31(C) False representation on an affidavit for abortion 44-43-580 Traffic in dead bodies 44-53-50(E) Sale of cleaning agents containing phosphates prohibited 44-53-370(b)(4) Prohibited Acts A, penalties (manufacture or possession of Schedule V drugs with intent to distribute) - First offense 44-53-370(d)(2) Prohibited Acts A, penalties (possession of other controlled substances in Schedules I through V) - Second and subsequent offense 44-53-398(H)(3) Purchasing a product containing ephedrine or pseudoephedrine from any person other than a manufacturer or registered wholesale distributor, First Offense 44-53-445(D)(2) Purchase of controlled substance within proximity of school 44-53-590 Penalty for use of property in manner which makes it subject to forfeiture (as provided in Sections 44-53-520 and 44-53-530) 44-53-1530(2)(b) Possession of anabolic steroids, ten or fewer doses (second or subsequent offense) 44-53-1530(3)(a) Possession of anabolic steroids, 11 to 99 doses (first offense) 44-55-80 Unlawful acts (violation of State Safe Water Drinking Act) (See Section 44-55-90(a)) 44-56-130 Unlawful acts (Hazardous Waste Management Act) (See Section 44-56-140C.) - First offense 44-56-490(C) Wilfully violating a provision of the Drycleaning Facility Restoration Trust Fund provisions 44-63-161(C) Willful violation of regulation or order relative to recording, reporting, or filing information with Bureau of Vital Statistics 44-93-150(C) Infectious Waste Management Act violation (first offense) 44-96-100(B) Wilful violation of solid waste regulations, first offense 44-96-450(B) Wilful violation of Solid Waste Act - First offense 45-9-85 Violation of confidentiality of Section 45-9-60 (Equal enjoyment and privileges to public accommodations, complaints, hearings, etc.) 46-1-50 Firing turpentine farms 46-1-75 Maliciously damaging farm product, research facility or equipment valued at less than $500 46-10-100 Penalties (violation of article concerning boll weevil eradication) 46-23-80 Penalty (violation of South Carolina Noxious Weed Act) 46-41-170(1) Penalty (violation of chapter concerning dealers and handlers of agriculture products) Second or subsequent offense 46-50-30, section 15 Disclosure of confidential information relating to Southern Interstate Dairy Compact 46-50-60 Violation of Southern Interstate Dairy Compact 47-1-40(A) Cruelty to animals, second or subsequent offense 47-9-10 Marking, branding, or disfiguring large animals of another - Second or subsequent offense 47-9-30 Use of horse, mare, or mule without permission 47-9-410 Violations (article concerning livestock generally) 47-17-60 Prohibited acts (meat and meat food, Regulations and Inspection Law) (See Section 47-17-100(a)) 47-17-70 Slaughtering or processing except in compliance with article prohibited (meat and meat food, Regulations and Inspection Law) (See Section 47-17-100(a)) 47-17-80 Records (meat and meat food, Regulations and Inspection Law) (See Section 47-17-100(a)) 47-21-80(B) Penalty for violation of Farm Animal and Research Facilities Protection Act (violation of Section 47-21-60) 47-21-250(B) Unlawful entry into or remaining unlawfully in a crop operation 48-39-170(A) Penalties (violation of chapter concerning coastal tidelands and wetlands) - Second or subsequent offense 50-1-125(2), (3),and (4) Trafficking in wildlife 50-1-136 Penalties for conspiracy (violation of provisions of Title 50 relating to fish, game, and watercraft) 50-5-1535 Unlawful taking, possessing, buying, selling, or shipping of short nose sturgeon 50-5-2305(D) Unlawful catching of wild rock (second or subsequent offense) 50-5-2535 Engaging in prohibited activities while under suspension, Marine Resources Act 50-9-1200 Hunting or fishing while under suspension 50-11-95 Engaging in Computer Assisted Remote Hunting, First Offense 50-11-710 Night hunting and illegal use of artificial lights while hunting 50-11-720 Night hunting for deer or bear 50-11-852 Molesting or killing a bald eagle 50-11-1920 Violation of food service permit to sell exotic farm-raised venison 50-11-2640(B) Bringing into State or importing live coyote or fox without permit - First offense 50-13-1410 Unlawful to pollute waters so as to injure fish and shellfish 50-13-1440 Using explosives to take fish unlawful - Second offense 50-15-80(b) Penalties, violation of Sections 50-15-30(c) or 50-15-40(d) 50-18-270(C) Placing or releasing species imported from another state into waters of State - Second offense 50-18-285(C) Damaging or poisoning aquaculture products or facilities - Second offense 50-21-112(B)(2) Operating a water device while under the influence of alcohol or drugs (second offense) 50-21-130(A)(1) Failure of an operator of a vessel involved in a collision resulting in property damage to stop and render assistance 52-5-10 Race horses must not be entered under assumed names or out of proper class 52-5-40 Misrepresenting or concealing former performance of race horse 54-7-810(B)(1) Violation of Underwater Antiquities Act 55-1-100(F) Unlawful to operate or act as a flight crew member of aircraft while under the influence of alcohol or drugs 55-3-130 Discharging a laser at an aircraft 55-3-130 Shining light at aircraft with intent to interfere with the operation of the aircraft 56-1-25 Disclosure of Department of Motor Vehicles confidential information 56-3-150 Illegal operation of foreign vehicle 56-5-1210(A)(1) Failure to stop a vehicle involved in an accident when injury results but great bodily injury or death does not occur 56-5-1220 Failure to comply with the duties of a driver involved in an accident 56-5-2780 Unlawfully passing a stopped school bus, great bodily injury results 56-5-2930 Unlawful for narcotic users or persons under influence of liquor, drugs or like substances to drive (See Section 56-5-2940(2)) - Second offense 56-5-2933 Driving with an unlawful alcohol concentration, second offense 56-5-2941(K)(1)(a) Unlawful operation of a vehicle equipped with an ignition interlock device, first offense 56-5-4975(A) Operation of unlicensed ambulance without removing exterior markings, sirens, etc. 56-11-250 Failure of a motor carrier to apply for a registration card and identification marker 56-17-10 Failure to purchase a license, keep records, supply information when required by law 56-19-240 Application for certificate, form, and contents (vehicle title) 56-19-480 Transfer and surrender of certificates, license plates, registration cards, and manufacturers serial plates of vehicles sold as salvage, abandoned, scrapped, or destroyed - Second and subsequent offenses 56-31-50(C) Rental company making a false report regarding certain personal property taxes 56-31-50(D) Misrepresentation of the amount of personal property taxes on a private passenger motor vehicle or rental vehicle paid or the amount of surcharges collected 57-25-145(C) Placing an outdoor sign advertising an adult or sexually-oriented business within one mile of a public highway 58-3-280 Restriction on employment of former commissioners by public utility 58-4-130 Restriction on outside employment of executive director 58-7-60(C)(1) Unlawful appropriation of gas that results in property damage in excess of $5,000 or the risk of great bodily injury or death - first offense 58-7-60(E)(1) Aiding, abetting, or assisting another person in withdrawing and appropriating gas - first offense 58-7-70 Wrongful use of gas and interference with gas meters - first offense 58-7-70(C)(1) Wrongful use of gas and interference with gas meters for profit - first offense 58-7-70(D)(1) Wrongful use of gas and interference with gas meters for profit when violation results in property damage greater than $5,000 or in risk of great bodily injury or death - first offense 58-15-875(D)(1) Unlawful conduct relating to railroad track material for recycling, first offense 58-15-1110 Violation by Railroads of Interstate Commerce Act 58-17-2760 Criminal penalty on individuals for violation of transportation of freight 58-17-4030 Injury due to negligence or carelessness of general railroad law 58-17-4050 Injury due to wilful violation of general railroad law 58-23-920 Insurance required of owners of motor vehicles transporting goods for hire - First offense 59-5-130 Members shall not contract with State Board of Education 59-69-260 Officials shall not acquire interest in claims or contracts (school funds) 61-2-240 Interference with an officer or use of abusive language by an officer or another person 61-4-1530 Operation of brewery or winery without permit 61-6-4010(B)(2) Unlawful manufacture, possession or sale of alcoholic liquors - Second offense 61-6-4025(b) Possession of unlawfully acquired or manufactured alcoholic liquors in a vehicle, vessel, or aircraft - Second offense 61-6-4030(b) Transportation of alcoholic liquors in a taxi or other vehicle for hire - Second offense 61-6-4040(b) Rendering aid in unlawful transportation of alcoholic liquor - Second offense 61-6-4060(B)(2) Unlawful storage of alcoholic liquor in a place of business - Second offense 61-6-4100(b) Manufacture, sale, or possession of unlawful distillery - Second offense 61-6-4110(b) Knowingly permitting or allowing a person to locate an unlawful distillery on a premise - Second offense 61-6-4120(b) Unlawful manufacture, transport, or possession of materials used in the manufacture of alcoholic liquors - Second offense 61-6-4130(b) Present at a place where alcoholic liquors are unlawfully manufactured - Second offense 61-6-4150(b) Unlawful sale of alcoholic liquor from a vehicle, vessel, or aircraft - Second offense 61-6-4160(b) Unlawful sale of alcoholic liquors on Sundays, election days, and other days - Second offense 61-6-4170(B)(2) Advertisement of alcoholic liquors from billboard - Second offense 61-6-4200 Unlawful disposal, rescue, or attempted disposal or rescue of alcoholic liquors 61-8-50 Violation of a restraining order against unlawful sale, barter, exchange, storage, or possession of alcoholic liquors 62-2-901 Destruction of or failure to deliver a will to a Judge of Probate 63-3-620 Contempt of court 63-5-20 Failure to provide reasonable support to a spouse or minor child 63-7-940 Dissemination of classified information 63-7-1990(A) Dissemination of confidential reports 63-11-90 Violations of Article 1, Child Welfare Agencies 63-11-1350 Disclosure of confidential records 63-13-40(B) Unlawful application for employment by an ex-convict 63-13-185(F) Unlawful administration of medicine to a child by childcare facility personnel 63-13-190(C) Unlawful application for employment by ex-convict 63-13-420(F) Application for operator license for childcare facilities when persons convicted of certain crimes 63-13-430(E) Renewal application for operator license for childcare facilities when persons convicted of certain crimes 63-13-620(E), (F) Application for statement of standard conformity or approval for childcare facilities when persons convicted of certain crimes 63-13-630(E), (G) Renewal application for statement of standard conformity or approval for childcare facilities when persons convicted of certain crimes 63-13-820(E), (F) Application for registration for childcare facilities when persons convicted of certain crimes 63-13-830(C), (D) Renewal application for registration for childcare facilities when persons convicted of certain crimes 63-13-1010(D) Application for license or registration of church and religious centers for childcare facilities when persons convicted of certain crimes 63-17-1070 Unlawful release of information

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

Code Commissioner's Note

The crime classification tables are added by the Code Commissioner pursuant to Section 2-13-66, and updated annually.

SECTION 16-1-110. Classification of felonies or misdemeanors not listed in Sections 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.

HISTORY: 1993 Act No. 184, Section 9.

SECTION 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.

HISTORY: 1995 Act No. 7, Part I Section 35.

SECTION 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.

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

Editor's Note

2005 Act No. 106, Section 1, provides as follows:

"This act may be cited as 'Mary Lynn's Law'."

2010 Act No. 273, Section 66, provides in part:

"The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date."