H 4574 Session 123 (2019-2020) H 4574 General Bill, By Finlay A BILL TO AMEND SECTION 16-11-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MALICIOUS INJURY OF AN ANIMAL, SO AS TO PROVIDE AN EXCEPTION; AND TO AMEND ARTICLE
TO AMEND SECTION 16-11-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MALICIOUS INJURY OF AN ANIMAL, SO AS TO PROVIDE AN EXCEPTION; AND TO AMEND Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 16-11-510 of the 1976 Code is amended to read:
"Section 16-11-510. (A) It is unlawful for a person to wilfully and maliciously cut, shoot, maim, wound, or otherwise injure or destroy any horse, mule, cattle, hog, sheep, goat, or any other kind, class, (B) A person who violates the provisions of this section is guilty of a: (1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth ten thousand dollars or more; (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than two thousand dollars but less than ten thousand dollars; (3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the injury to the property or the property loss is worth two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned, not more than thirty days, or both.
(C)(1) A person lawfully is upon the premises of the owner within the meaning of this (2) A person who lawfully is on the owner's premises and who is attacked by a dangerous animal or witnesses the attack may use reasonable force to repel the attack. A person is not liable in damages or otherwise for action to repel or action taken to restrain or control an animal from an unprovoked attack."
SECTION 2.
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Section 47-3-210. (A) No persons shall buy, sell, receive, give away or otherwise own, control, have or keep in possession any dog commonly called 'sheep-killing' or 'large livestock-killing' and known to be such. The violation, knowingly, in any one or all respects of the foregoing prohibition shall be a misdemeanor punishable, upon conviction, by a fine not exceeding one hundred dollars or imprisonment for not exceeding thirty days.
(B) For the purposes of this Section 47-3-220. Any person who may find any dog in the act of worrying or destroying any sheep or large livestock in this State may kill such dog and such person shall not for so doing be held to answer to any action, civil, or criminal. Section 47-3-230. The owner of or person having in his care or keeping any dog shall be liable to pay to the person damaged double the value of any sheep or large livestock that may be killed or injured by such dog, to be recovered by action at the suit of the person damaged in any court having competent jurisdiction. In all such actions the recovery of ten dollars or more shall carry costs." SECTION 3. This act takes effect upon approval by the Governor.
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