Current Status Introducing Body:House Bill Number:3400 Ratification Number:581 Primary Sponsor:Wilkins Type of Legislation:GB Subject:Sentencing Guidelines Date Bill Passed both Bodies:May 19, 1992 Computer Document Number:3400 Governor's Action:V Date of Governor's Action:Jan 13, 1993 Introduced Date:Jan 30, 1991 Date of Last Amendment:May 14, 1992 Last History Body:House Last History Date:Jan 26, 1993 Last History Type:Veto sustained Action on Governor's Veto:S Scope of Legislation:Statewide All Sponsors:Wilkins Nettles Burch Cole Keesley M. Martin Huff Hayes D. Martin Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3400 House Jan 26, 1993 Veto sustained
3400 House Jan 14, 1993 Debate adjourned on Governor
Veto until Tuesday, January
26, 1993
3400 ------ Jan 13, 1993 Vetoed by Governor
3400 ------ Jun 04, 1992 Ratified R 581
3400 House May 19, 1992 Concurred in Senate
amendment, enrolled for
ratification
3400 Senate May 14, 1992 Amended, read third time,
returned to House with
amendments
3400 Senate May 12, 1992 Read second time, ordered to
third reading with notice of
general amendments
3400 Senate May 07, 1992 Polled out of Committee: 11
Favorable with amendment
3400 Senate May 07, 1991 Introduced, read first time, 11
referred to Committee
3400 House May 02, 1991 Read third time, sent to
Senate
3400 House May 01, 1991 Amended, read second time
3400 House Apr 25, 1991 Debate adjourned until
Tuesday, April 30, 1991
3400 House Apr 17, 1991 Committee Report: Favorable 25
with amendment
3400 House Jan 31, 1991 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
(Rxxx, H3400)
AN ACT TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.
Whereas, the General Assembly finds that the purpose of the provisions governing the sentencing of a person convicted of a crime is to prescribe sanctions that:
(1) assure just punishment that is commensurate with the seriousness of the criminal conduct, taking into account attendant circumstances that may aggravate or mitigate the culpability of the offender;
(2) deter criminal conduct;
(3) provide for punishment that is necessary to hold the offender accountable for the crime and promote respect for the law;
(4) assist the offender, when feasible, toward rehabilitation and restoration to the community as a lawful citizen;
(5) confine the serious offender so as to remove and restrain him from further criminal acts when the confinement is in the interest of the public protection;
(6) are understandable and clear to the offender, the victim, and the community; and
Whereas, incarceration, probation, and other forms of community supervision and fines are all recognized as punishment. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Categorization of felonies and misdemeanors
SECTION 1. Section 16-1-10 of the 1976 Code, as last amended by subsection 38, Section 43, Part II, Act 604 of 1990, is further amended to read:
"Section 16-1-10. (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 six months or less are misdemeanors and exempt from the classification system.
(D) The following felonies are classified as exempt under subsection (A):
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-210 Lynching
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)
16-3-910 Kidnapping (if sentenced for murder)
16-11-311(B) Burglary
First degree
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
23-36-170 Penalty (violation of South
(c),(d) Carolina Explosives Control Act)
Third, fourth, or subsequent offenses
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
44-53-370 Prohibited Acts A, Penalties
(e)(1)(a)3 (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
Third or subsequent offenses
44-53-370 Prohibited Acts A, penalties
(e)(1)(b) (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)
44-53-370 Prohibited Acts A, (trafficking
(e)(1)(c) in marijuana, 2,000 pounds or more, but less than 10,000 pounds)
44-53-370 Prohibited Acts A, penalties
(e)(1)(d) (trafficking in marijuana, 10,000 pounds of marijuana or more)
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)3 (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(b)3 (trafficking in cocaine, 28 grams or more, but less than 100 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(c) (trafficking in cocaine, 100 grams or more, but less than 200 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(d) (trafficking in cocaine, 200 grams or more, but less than 400 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(e) (trafficking in cocaine, 400 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)2 (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(b) (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)
44-53-370 Prohibited Acts A, penalties
(e)(3)(c) (trafficking in illegal drugs, 28 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(4)(a)2 (trafficking in methaqualone, 15 grams or more, but less than 150 grams)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(4)(b) (trafficking in methaqualone, 150 grams but less than 1,500 grams)
44-53-370 Prohibited Acts A, penalties
(e)(4)(c) (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)
44-53-370 Prohibited Acts A, penalties
(e)(4)(d) (trafficking in methaqualone, 15 kilograms or more)
44-53-375(A) Possession of less than one gram of crack cocaine
Third or subsequent offense
44-53-375(B) Manufacturing, distributing, dispensing or possessing with intent to distribute or dispense crack cocaine
44-53-375(C) Trafficking in ice, crank, or crack cocaine (100 grams or more)
44-53-445 Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school
58-17-4090 Penalty for obstruction of railroad if death of human being results"
Classes of felonies and misdemeanors
SECTION 2. Section 16-1-20 of the 1976 Code is amended to read:
"Section 16-1-20. (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 January 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Section 16-1-90 unless the offense refers to a mandatory minimum 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."
Classification of new statutory offenses
SECTION 3. Section 16-1-30 of the 1976 Code is amended to read:
"Section 16-1-30. All criminal offenses created by statute after January 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)."
Accessories
SECTION 4. Section 16-1-40 of the 1976 Code is amended to read:
"Section 16-1-40. 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."
Indictment and conviction of accessories
SECTION 5. Section 16-1-50 of the 1976 Code is amended to read:
"Section 16-1-50. 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."
Classification of accessory crimes
SECTION 6. The 1976 Code is amended by adding:
"Section 16-1-55. 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."
Violent crimes defined
SECTION 7. Section 16-1-60 of the 1976 Code is amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors (Section 16-3-655); assault with intent to commit criminal sexual conduct (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section 44-53-370(e); arson in the first degree (Section 16-11-310(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(B))."
New crimes added and felony and misdemeanor offenses
SECTION 8. The 1976 Code is amended by adding:
"Section 16-1-80. Any person who commits the common law offense of attempt, upon conviction, must be punished as for the principal offense.
Section 16-1-90. (A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
16-3-50 Manslaughter - voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655 Criminal sexual conduct with minors if victim under 11 years of age
First degree
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
16-11-330(A) Robbery while armed with a deadly weapon
16-11-380 Entering bank, depository or building and loan association with intent to steal
16-11-390 Safecracking
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 offenses
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)2 (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030 Interference with traffic-control
(B)(3) devices or railroad signs or signals prohibited when death results from violation
58-17-4090 Penalty for obstruction of railroad
(B) The following offenses are Class B felonies and the maximum terms established for a Class B felony, as set forth in Section 16-1-20(A), apply:
16-11-110(A) Arson - first degree
16-11-370 Robbery of operators of vehicles for hire
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive or incendiary if personal injury results
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)1 (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)
44-53-475 Financial transactions involving
(A)(1) property derived from unlawful drug activity
44-53-475 Transportation or attempt to
(A)(2) transfer monetary instruments derived from unlawful drug activity
56-5-2945 Causing great bodily injury or death by operating vehicle while under influence of drugs or alcohol, death resulting
(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:
16-3-70 Administering or attempting to administer poison
16-3-75 Unlawful and malicious tampering with human drug product or food
16-3-220 Lynching in the second degree
16-3-620 Assault and battery with intent to kill
16-3-653 Criminal sexual conduct
Second degree
16-3-655(2) Criminal sexual conduct with minor less than 16 years of age
Second degree
16-3-655(3) Criminal sexual conduct with minor - victim 14 years of age or less, but who is at least 11 years of age
Second degree
16-3-656 Assault with intent to commit criminal sexual conduct
Second degree
16-3-658 Criminal sexual conduct where victim is legal spouse (separated)
Second degree
16-3-810 Engaging child under 18 for sexual performance
16-11-110(B) Arson - second degree
16-11-330(B) Attempted armed robbery
16-11-350 Train robbery by stopping train
16-11-360 Robbery after entry upon train
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive or incendiary
24-13-450 Taking of hostages by any inmate
25-7-30 Giving information respecting national or state defense to foreign contacts (violation during peacetime)
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)2 (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
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 Concealment of property derived
(A)(3) from unlawful drug activity
58-15-870 Injuring railroad or electric railway generally if act endangers life
(D) The following offenses are Class D felonies and the maximum term established for a Class D felony, as set forth in Section 16-1-20(A), apply:
16-11-312 Burglary - second degree
16-11-325 Common law robbery
16-11-550 Threatening to kill, injure or intimidate individual or damage or destroy property by means of explosive or incendiary
Second and subsequent offense
16-15-140 Committing or attempting lewd act upon child under 14
44-53-370 Prohibited Acts A, penalties
(b)(1) (narcotic drugs in Schedule I (b) and (c), LSD, and Schedule II)
First offense
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
56-5-2945 Causing great bodily injury
(A)(1) or death by operating vehicle while under influence of drugs or alcohol (great bodily injury resulting)
(E) The following offenses are Class E offenses and the maximum terms established for a Class E felony, as set forth in Section 16-1-20(A), apply:
7-25-50 Bribery at elections
Second offense
7-25-80 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
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)
16-7-10(b) Acts considered unlawful in area designated by Governor in emergency - looting
16-7-160(2) Illegal use of stink bombs or other devices containing foul or offensive odors - bodily harm results
16-9-220 Acceptance of bribes by officers
16-9-290 Accepting bribes for purposes of procuring public office
16-9-320(B) Assaulting police officer serving process or while resisting arrest
16-9-410 Aiding escapes from prison, for
(C)(1) prisoners serving term of incarceration
16-11-110(C) Arson - third degree
16-11-313 Burglary - third degree
Second offense
16-11-510 Malicious injury to animals and
(B)(1) personal property (value $1000 or more)
16-11-520 Malicious injury to real
(B)(1) property (value $1000 or more)
16-11-550 Threatening to kill, injure, or intimidate individual or damage or destroy property by means of explosive or incendiary
16-11-740 Malicious injury to telegraph, telephone, or electric utility system
16-13-10 Forgery (value $1000 or more)
(B)(1)
16-13-30 Grand larceny (value $1000
(B)(2) or more)
16-13-40(3) Stealing of bonds and the like (value $1000 or more)
16-13-50(1) Stealing livestock, confiscation of motor vehicle or other chattel (value $1000 or more)
16-13-70 Stealing of vessels and
(B)(1) equipment, payment of damages (value $1000 or more)
16-13-110 Shoplifting (value $1000 or
(B)(3) more)
16-13-170 Entering house or vessel without breaking in with intent to steal, attempt to enter
16-13-180(3) Receiving stolen goods (value $1000 or more)
16-13-210(1) Embezzlement of public funds (value $1000 or more)
16-13-230 Breach of trust with fraudulent
(B)(3) intent (value $1000 or more)
16-13-240(1) Obtaining signature or property by false pretenses (value $1000 or more)
16-13-260(1) Obtaining property under false tokens or letters (value $1000 or more)
16-13-290(1) Securing property by fraudulent impersonation of officer over $200
16-13-420 Failure to return rented objects, fraudulent appropriation (value $1000 or more)
16-13-425(3) Unlawful failure to return rented video or cassette tape (value $1000 or more)
16-13-430 Fraudulent acquisition or use
(C)(1) of food stamps (value $1000 or more)
16-15-20 Incest
16-15-355 Disseminating obscene material to a minor 12 years or younger
16-15-395 Sexual exploitation of a minor
16-15-415 Promoting prostitution of a minor
16-16-20(2) Computer Crime Act First degree
16-17-430 Unlawful uses of telephone
(B)(1)
16-17-550 Bribery of athletes and athletic officials
16-17-600 Destruction or desecration of
(A), (B) human remains or repositories - destroys, damages or desecrates human remains and vandalizes, desecrates, injures gravestones or memorials
16-17-640 Blackmail
16-21-80(2) Receiving, possessing, concealing, selling, or disposing of stolen vehicle (value $1000 or more)
16-23-220 Unlawful transportation of machine gun or sawed-off shotgun or rifle
16-23-230 Unlawful storing, keeping, or possessing machine gun or sawed-off shotgun or rifle
16-23-240 Unlawful selling, renting, or giving away of machine gun or sawed-off shotgun or rifle
16-23-440 Discharging firearms at or into dwellings
17-13-50 Right to be informed of grounds for arrest, consequences of refusal to answer or false answer
20-7-50 Unlawful neglect of child or helpless person by legal custodian
20-7-60 Ill-treating children, apprentices, servants, incompetents, or helpless persons
20-7-80 Abandonment of children
20-7-2203 Adults furnishing any juvenile committed to the Department of Youth Services with contraband
23-29-90 Penalties (violations of Subversive Activities Registration Act)
23-31-340 Penalties (violation of article regulating use and possession of machine guns, sawed-off shotguns, and rifles)
23-31-360 Unregistered possession of machine guns by licensed manufacturer
23-36-170(b) Violation of South Carolina Explosives Control Act
Second offense
24-3-910 Penalty for penitentiary employee's connivance at escape of prisoners
24-3-950 Contraband (possession by prisoner or furnishing prisoner with or attempt to furnish)
24-7-155 Furnishing or possessing contraband in county or municipal prisons prohibited
24-13-420 Harboring or employing escaped convicts
24-13-430(1) Incite prisoners to riot
24-13-430(2) Participating in riot by prisoners
24-13-440 Carrying or concealing weapon by inmates
25-7-50 False reports, insubordination, obstruction of recruiting during war
25-7-70 Sabotage
34-3-10 Use of word `bank' or `banking' by other than banking institutions
34-11-60 Drawing and uttering fraudulent check, draft, or other written order [more than $200, see Section 34-11-90(b)]
Third and subsequent offenses
34-13-90 Penalty for improper borrowing by directors or officers
38-55-170(1) Presenting false claim for payment (insurance companies) (value $1000 or more)
44-23-1150 Sexual intercourse with patient or trainee of state mental health facility
44-52-165 Possession of firearms or
(A)(3) dangerous weapons by patient receiving inpatient services operated by Department of Mental Health
44-52-165 Intentionally allowing patient
(B)(1) receiving inpatient services by Department of Mental Health to possess alcoholic beverages or controlled substances
44-52-165 Intentionally allowing patient
(B)(2) receiving inpatient services by Department of Mental Health to possess firearms or dangerous weapons
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)1 (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)1 (trafficking in cocaine, 10 grams or more, but less than 28 grams)
44-53-370 Prohibited Acts A, penalties
(e)(4)(a)1 (trafficking in methaqualone, 15 grams or more, but less than 150 grams)
44-53-375(A) Possession of less than one gram of ice, crank, or crack cocaine
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 Distribution, manufacture, or sale of controlled substance within proximity of school (other than crack cocaine)
44-55-1510 Prohibition of discharge of fumes of acids or similar substances
46-1-20(1) Stealing crops from the field (value $1000 or more)
46-1-40(1) Stealing tobacco plants from bed (value $1000 or more)
46-1-60 Making away with produce before
(B)(1) payment (value $1000 or more)
46-1-70 Factors or commission merchants
(B)(1) failing to account for produce (value $1000 or more)
47-19-120 Interference with person
(C)(2) performing official duties under chapter on poultry inspection - use of deadly weapon in commission of violation
49-1-50 Sale of drifted boats, timber,
(C)(1) (lumber), and other property (value $1000 or more)
50-21-112(A) Boating while under the influence of alcohol or drugs when great bodily injury or death results
55-1-30(2) Unlawful removing or damaging of airport facility or equipment when injury results
55-1-40 Unlawful entry of aircraft, damaging or removing equipment
56-5-1030 Interference with traffic-control
(B)(2) devices or railroad sign or signals prohibited - injury results
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
(F) The following offenses are Class F felonies and the maximum terms established for a Class F felony, as set forth in Section 16-1-20(A), apply:
7-25-190 Illegal conduct at elections generally
12-7-2750 Failure to pay tax, make return, or supply information or making false returns or statements with intent to evade
12-9-840 Failure to make return, or withhold or remit tax with intent to evade law, false or fraudulent returns or statements
12-21-2716 Unlawful manufacture or sale of slugs to be used in coin operated devices
12-27-50 Penalties for wilful violations of gasoline tax
12-29-610 Penalties for wilful violations of chapter concerning motor fuels other than gasoline
12-31-670 Penalties for wilful violations concerning chapter on road tax on motor carriers
12-45-110 Penalties for certain violations pertaining to county taxes
12-54-40 Wilful attempt to evade or
(b)(6)(a) defeat tax imposed
12-54-40 Failure to collect or
(b)(6)(b) truthfully account for and pay over tax
12-54-40 Wilfully assisting in false or
(b)(6)(f)(2) fraudulent return
16-3-60 Involuntary manslaughter
16-3-1040 Threatening life, person or family of public official
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.
16-9-10 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
16-9-340 Intimidation of court officials, jurors, or witnesses
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 Malicious injury to animals and
(B)(2) personal property (value over $200, up to $1000)
16-11-520 Malicious injury to real
(B)(2) property (value over $200 up to $1000)
16-11-535 Malicious injury to place of worship
16-11-617 Unlawful to cultivate or attempt to cultivate marijuana on land of another
16-11-910(A) 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 Section 16-11-940(A)]
16-13-10 Forgery (value over $200, up to
(B)(2) $1000)
16-13-30 Grand larceny (value over
(B)(1) $200, up to $1000)
16-13-40(2) Stealing of bonds and the like (value over $200, up to $1000)
16-13-50(2) Stealing livestock, confiscation of motor vehicle or other chattel (value over $200, up to $1000)
16-13-70 Stealing of vessels and equipment
(B)(2) - payment of damages (value over $200, up to $1000)
16-13-110 Shoplifting (value over $200
(B)(2) up to $1000)
16-13-160 Breaking into motor vehicles or tanks, pumps and other containers where fuel or lubricants are stored
16-13-180(2) Receiving stolen goods (value over $200, up to $1000)
16-13-210(2) Embezzlement of public funds (value over $200, up to $1000)
16-13-230 Breach of trust with
(B)(2) fraudulent intent (value over $200, up to $1000)
16-13-240(2) Obtaining signature or property by false pretenses (value over $200, up to $1000)
16-13-260(2) Obtaining property under false tokens or letters (value over $200, up to $1000)
16-13-420 Failure to return rented
(B)(2) objects, fraudulent appropriation (value over $200, up to $1000)
16-13-425(2) Unlawful failure to return rented video or cassette tape (value over $200, up to $1000)
16-13-430 Fraudulent acquisition or use
(C)(2) of food stamps (value over $200, up to $1000)
16-14-80 Criminally receiving goods and services fraudulently obtained with financial transaction card (value over $500)
16-15-10 Bigamy
16-15-335 Unlawful to hire, employ, use, or permit any person under 18 to do anything violating obscenity statutes
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
16-15-405(D) Sexual exploitation of a minor
Second degree
16-15-410 Sexual exploitation of a minor
Third degree
16-15-425(C) Participation in the prostitution of a minor
16-16-20 Computer Crime Act
(3)(c) Second degree
Second or subsequent offense
16-17-410 Conspiracy
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 (over $200 up to $1000 damage)
16-21-10 Altering, forging, or counterfeiting certificate of title, registration card, or license plate, misrepresentation or concealment in application
16-21-40 Removing or falsifying
(A)(2), identification number of vehicle
(A)(4) or engine and buying, receiving, or selling such vehicle or engine
16-21-80(1) Receiving, possessing, concealing, selling, or disposing of stolen vehicle (value over $200 up to $1000)
16-23-30 Sale or delivery of pistol to and possession by certain persons unlawful, stolen pistols
(See Section 16-23-50)
16-23-410 Pointing firearms at a person
16-23-420 Carrying or displaying firearms in public buildings or adjacent areas
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
16-23-520 Use, transportation, manufacture, possession, purchase, or sale of teflon-coated ammunition
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
17-15-90(1) Penalties for failure to appear after release for felony
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
23-36-170(a) Penalty (violation of South Carolina Explosives Control Act)
First offense
24-1-270 Trespass or loitering on or refusal to leave state correctional properties
24-3-210 Furloughs for qualified inmates of state prison system - failure to return (See Section 24-13-410)
24-13-410 Escaping or attempting to escape
(B)(D) from prison or possessing tools or weapons used to escape, recaptured in state
27-32-120(B) Violation of vacation time sharing plans
Third or subsequent offense
38-9-150 Return of deposited securities (making false affidavit)
38-13-170 Making or aiding in making false statement (Insurance)
38-55-170(2) Presenting false claim for payment (Insurance) (value over $200, up to $1000)
39-22-90 Prohibited acts. State Warehouse
(A)(1)-(4) System [See Section 39-22-90(B)]
39-23-80 Adulterated, misbranded, or new
(B)(2) drugs and devices
Second offense
39-23-80 Adulterated, misbranded, or new
(B)(3) drugs and devices - with intent to defraud or mislead
43-29-41 Abuse of incapacitated persons
43-30-100 Abuse or physical or mental injury to client or patient
44-41-80 Performing or soliciting unlawful abortion
44-53-40(B) Obtaining certain drugs, devices, preparations, or compounds by fraud, deceit, or the like
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances in Schedule I,II, III with intent to distribute)
First offense
44-53-370 Prohibited Acts A, penalties
(b)(3) (manufacture or possession of Schedule IV drugs with intent to distribute)
Second or subsequent offenses
44-53-370 Prohibited Acts A, penalties
(d)(1) (possession of narcotic drugs in Schedule I (b),(c), LSD, and Schedule II)
Second, third, or subsequent offenses
44-53-375(A) Possession of less than one gram of ice, crank, or crack cocaine
First offense
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 offenses
46-1-20(2) Stealing crops from the field (value over $200 up to $1000)
46-1-40(2) Stealing tobacco plants from bed (value over $200 up to $1000)
46-1-60 Making away with produce before
(B)(2) payment (value over $200 up to $1000)
46-1-70 Factors or commission merchants
(B)(2) failing to account for produce (value over $200 up to $1000)
46-41-30(2) Unlawful to engage in business as dealer without license, (agricultural products)
Second or subsequent offenses
49-1-50 Sale of drifted lumber or timber
(C)(2) (value over $200 up to $1000)
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
56-5-1030 Interference with
(B)(1) traffic-control devices or railroad sign or signals
56-5-2910 Reckless homicide
56-5-2930 Driving under influence of liquor, drugs, or like substances unlawful [See Section 56-5-2940(4)]
Fourth or subsequent offenses
56-29-30(B) Unlawful to alter, counterfeit, deface, destroy, disguise, etc. a vehicle identification number
56-29-30 Unlawful to buy, dispose, sell,
(C)(1) 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
57-1-60 Bribery of state highway commissioners and employees
58-13-740 Violation of provisions concerning transportation of explosive compounds
58-15-820 Wilful obstruction of railroad or electric railway
58-17-4100 Shooting or throwing missile at trains
59-102-20 Failure of athlete agent to register
59-102-30(B) Failure of athlete agent to notify university of contract
59-102-30(H) Postdating of agent's contract by agent prohibited
Section 16-1-100. (A) The following offenses are Class A misdemeanors and the maximum terms established for a Class A misdemeanor, 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
6-7-800 Enforcement of zoning ordinance or resolution
6-7-1080 Penalties for transferring lots in unapproved subdivision
6-7-1110 Authorization for and changing of street names
7-13-1920 Tampering with voting machine
7-25-10 False swearing in applying for registration (election laws)
7-25-60 Procuring or offering to procure votes by bribery
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)
10-11-360 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
12-1-90 Illegally holding certain offices, neglect of or refusal to perform duties, failure to turn over papers or settle accounts, penalties
12-2-70 Neglect or misconduct of county auditor or treasurer
12-54-40 Wilfully removing or concealing
(b)(6)(f)(3) goods for which any tax is to be imposed
12-54-40 Failure of tax preparer to pay
(f)(4) over money to commission for another after received
16-3-730 Publishing name of victim of criminal sexual conduct unlawful
16-5-40 Duty of officers to execute warrants
16-7-160(A) 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
16-11-560 Burning, cutting untenanted or unfinished buildings
16-11-570 Injury or destruction of building or crops by tenant
16-13-150 Purse snatching (not grand larceny, robbery or privily stealing)
16-13-385(B) Altering, tampering with or bypassing electric, gas or water meters
Second or subsequent offenses
16-14-20 Financial transaction card theft
16-14-40 Financial transaction card forgery
16-14-60 Financial transaction card
(a)(b) fraud if the value exceeds $500 [except Section 16-14-60 (a)(2)d.]
16-14-60(g) Financial transaction card fraud - presenting transaction record for payment when sale not made
16-14-70 Criminal possession of financial transaction card forgery devices
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
16-15-130 Indecent exposure
16-15-250 Communicating obscene messages (nontelephonic)
16-16-20(c) Computer Crime Act - second degree
First offense
16-17-470 Eavesdropping or peeping
16-17-490 Contributing to the delinquency of a minor
16-17-495 Transporting child under 16 years of age outside state with intent to violate a custody order
16-21-60(A) Use of vehicle without permission (intent to deprive)
16-23-465 Additional penalty for unlawfully carrying pistol or firearm on premises of business selling alcoholic liquors, beers or wines for on premises consumption
16-23-470 Illegal possession of teargas or ammunition for teargas
16-25-40 Criminal domestic violence
Third and subsequent convictions
17-7-510 Burying body without notice or inquiry
17-15-150 Penalty for failure of prosecutor or witness to appear
22-5-120 Arrests for crime committed in magistrate's presence (refusal to aid)
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
25-7-20 Obtaining or giving information respecting national or state defense
29-1-30 Wilful sale of property on which lien exists
35-1-1590 Violations of Uniform Securities Act
35-2-100 Penalties. Take-Over Bid Disclosure Act
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 Violation of chapter on unauthorized transaction of insurance business
38-37-930 False representations punishable fraternal benefit associations
38-37-1650 Violation of article concerning fraternal benefit associations (Insurance)
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
38-59-50 Payment or settlement of benefits in merchandise or service prohibited (Insurance)
39-15-170 Illegal to sell mark or name used to advertise contents of food products
39-15-750 Destruction of brand or removal or transfer of timber
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
40-6-170(3) Violation of chapter concerning auctioneers Third and subsequent offenses
40-11-300 Receiving bid from unlicensed person
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
43-33-40 Unlawful interference with rights of blind or other physically disabled person
44-31-360 Violation of article concerning tuberculosis prisoners and inmates of institutions
44-53-370 Prohibited Acts A, penalties
(b)(3) (Schedule IV drugs)
First 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
47-19-120 Interference with person
(C)(1) performing official duties under chapter on poultry inspection
47-21-80(A) Penalty for violation of Farm Animal and Research Facilities Protection Act
48-27-250 Violation of chapter concerning registration of foresters
48-49-60(a) Violations of chapter concerning SC Mountain Ridge Protection Act
50-13-350 Unlawful to fish or trespass in private artificial ponds used to breed fish or oysters
50-13-1460 Use of explosives to take fish
50-13-1470 Failure to report use of explosives to take fish
50-21-710 Placing of aids to navigation and regulatory markers
54-1-40 Criminal liability for unskillful or negligent management of steam boat
56-1-460(3) Driving while license canceled, suspended, or revoked
Third and subsequent offenses
56-5-750 Failure to stop motor vehicle when signaled by law enforcement vehicle
56-5-2930 Unlawful for persons to drive under influence of liquor, drugs, or like substances [See Section 56-5-2940(3)]
Third 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
61-13-400 Possession of firearm during unlawful manufacture, sale, or transport of liquor
61-13-810 Sale of beverages containing alcohol and resembling vegetable, fruit, or soft drinks
(B) The following offenses are Class B misdemeanors and the maximum terms established for a Class B misdemeanor, 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
12-27-1120 Certificates of manufacture, records of sales, and imports of fuel oil or tractor fuel
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 Instigating, aiding, or
(2), (3) participating in riot
16-9-410 Aiding escapes from prison, for
(C)(2) prisoners charged with noncapital offenses
16-9-420 Aiding escape from custody of officers
16-11-555 Use of fake bomb unlawful
16-11-580 Cutting, removing, or transporting timber, logs, or lumber without permission, (value more than $50, fine not paid)
16-11-910 Transfer of recorded sounds for unauthorized use or sale [See Section 16-11-920(B)]
First 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)]
16-16-20(4) Computer Crime Act, third degree
Second or subsequent offense
16-17-510 Enticing enrolled child from attendance in public school
16-17-560 Assault or intimidation on account of political opinions or exercise of civil rights
16-17-610 Soliciting emigrants without licenses
20-7-2660 Unlawful claim for payment for services (Subarticle 9, Article 13, Chapter 7, Title 20, interstate compact for adoption and medical assistance)
23-17-110 Purchases by sheriff or deputy at sheriff's sale
23-31-370 False statement to obtain special license
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 License for travel trailer
(2)(c) dealer
Third and subsequent offenses
32-1-290 Making or assisting in making contracts when actual delivery not contemplated, or operating bucket shop
34-11-60 Drawing and uttering fraudulent check, draft, or other written order with intent to defraud [See Section 34-11-90(b)]
38-2-20 Violation of Title 38 on insurance
38-2-30 Acting without license required by Title 38 on insurance
38-21-340 Criminal prosecutions (Insurance Holding Company Regulatory Act)
38-43-240 Other offenses by insurance agent
38-47-60 Adjuster acting for unauthorized company (See Section 38-2-20)
39-23-80 Prohibited acts (concerning
(B)(1) 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
39-55-185 Merchandise trust fund (cemeteries)
39-55-265 Violation of chapter concerning cemeteries
40-15-210 Violations of chapter concerning dentistry
40-43-140 Unlawful use of titles, declarations, and signs, unlawful dispensing, compounding, and sale of drugs (pharmacists)
40-43-190 Violating restrictions on delivery of prescription drugs (pharmacists)
40-45-220 Treatment must be upon prescription of physician or dentist, practice of other branches of healing not authorized, supervision of physical therapist assistants (physicians)
40-47-260 Unlawfully practicing medicine or osteopathy
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 Prohibited Acts A, penalties
(b)(4) (possession of Schedule V drugs)
Second and subsequent offenses
44-53-370 Prohibited Acts A, penalties
(d)(1) (possession of controlled substances in Schedules I (b),(c), II, and LSD)
First offense
44-53-395 Prohibited acts, penalties (prescription drugs)
First offense
44-56-130 Unlawful acts (Hazardous Waste Management Act) (See Section 44-56-140)
Second or subsequent offense
44-63-161 Violation concerning vital statistics
44-96-450(B) Wilful violation of Solid Waste Act - Second or subsequent offenses
46-33-60 Penalty on out-of-state shippers
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
48-27-230 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
50-11-430 Illegal taking of bears and bear parts
50-13-1440 Using explosives to take fish unlawful
Third offense
51-3-150 Trespass upon state park property
52-7-150 Violation of article concerning State Athletic Commissions
54-7-530 Violation of provisions regarding search and salvage licenses
56-5-5030 Devices to emit smoke screen, noisome gases or odors prohibited
56-5-5390 Manufacture, use, or transfer
(d)(4) of limitation or counterfeit certificate of inspection
Fourth and subsequent offenses
56-15-310 Licenses, motor vehicle dealer
(2)(c) or wholesaler
Third or subsequent offense
56-16-140 License for dealer or
(2)(c) wholesaler (motorcycles)
Third or subsequent offenses
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
61-13-210 Unlawful manufacture, sale, possession, use, or transportation of alcoholic liquors [See Section 61-13-430 (3)(c)]
Third or subsequent offenses
61-13-220 Unlawful storage or transportation of alcoholic liquors [See Section 61-13-430 (3)(c)]
Third or subsequent offenses
61-13-230 Transportation in taxi or other vehicle for hire is unlawful [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-240 Assisting in unlawful transportation [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-260 Unlawful storage or possession of alcoholic liquors [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-300 Unlawful to manufacture, transfer, or possess distillery or integral part [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-310 Allowing distillery apparatus on premises is unlawful [See Section 61-13-430(3)(c)]
Third offense or subsequent offenses
61-13-320 Making, possessing, or permitting mash or similar materials upon premises is unlawful [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-330 Persons present at distillery guilty of unlawful manufacturing [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-370 Sale of liquors from vehicles, vessels or aircraft is unlawful [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-380 Unlawful sales during certain days or period [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-390 Unlawful advertisements of any alcoholic liquors [See Section 61-13-430(3)(c)]
Third or subsequent offenses
(C) The following offenses are Class C misdemeanors and the maximum terms established for a Class C misdemeanor, as set forth in Section 16-1-20(A), apply:
1-7-400 Circuit solicitors disabled by intoxicants
2-15-120 Confidentiality of records (Legislative Audit Council) penalty for violations
2-17-130 Penalties for violations of lobbyist chapter
2-17-140 Penalties for filing groundless complaint
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 Penalty for wilful filing of
(9)(c) groundless complaint with Ethics Commission
8-13-320 Penalty for wilful release of
(10)(g) confidential information relating to ethics investigation
8-13-540(1) Penalty for wilful filing of groundless complaint with Senate or House Ethics Committee
8-13-1520 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
12-4-350 Disclosing tax return information (by data processing service who contracts with Tax Commission)
12-7-1680 Secrecy of reports and returns, violations (income tax)
12-9-670 Secrecy of matters set forth in reports or returns (withholding taxes)
12-21-1880 Exemption of natural fruit or vegetable juice or natural liquid milk drinks (violations)
(See Section 12-21-1930)
12-21-1900 Exemption under Section 12-21-1880, registration (violations)
12-21-1910 Exemption under Section 12-21-1880 when products subject to taxes and confiscation (violations) (See Section 12-21-1930)
12-21-1920 Exemption under Section 12-21-1880 disclosure of information pertaining to such drinks (See Section 12-21-1930)
12-21-2710 Unlawful coin-operated machines and devices and other amusements
12-21-2830 Record required of gross receipts, record subject to inspection, violations
12-29-630 Making false statement to secure refund or avoid tax
12-31-650 False statements (receipt for sale of fuel relating to road tax)
12-45-130 Fraudulent removal of personal property from county to avoid payment of taxes
12-54-40 Failure to pay estimated tax,
(b)(6)(c) make return, keep records, or supply information
12-54-40 Wilfully furnishing false
(b)(6)(d) statement
12-54-40 Wilfully furnishing false
(b)(6)(e) information to employer
12-54-40 Delivery of false or fraudulent
(b)(6)(f)(5) document
12-54-240 Disclosure of records of and reports and returns filed with the Tax Commission by employees and agents of the Commission and 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 if responsible for books, papers, and other property
14-23-680 Judge responsible for books, papers, and property of office
15-50-80(b) Penalties, violation of Sections 50-15-40(c) or 50-15-50(d), (e)
16-3-530 Penalties, hazing
16-3-610 Assault with concealed weapon
16-3-1340 Victims compensation fund, soliciting employment to pursue claim or award
16-5-50 Penalty for hindering officers or rescuing prisoners
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
16-9-320(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
16-11-820 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
16-11-910 Transfer of recorded sounds for unauthorized use or sale under items (2) and (3) [See Section 16-11-920(D)]
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
16-13-300 Fraudulent removal or secreting of personal property attached or levied on
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 (value is $500 or less in six months period)
16-14-80 Criminally receiving goods and services fraudulently obtained
16-15-325 Participation in preparation of obscene material prohibited
16-17-310 Imitation of organizations names, emblems, and the like
16-17-500 Supply minors with tobacco or cigarettes
16-17-520 Disturbance of religious worship
16-17-540 Bribery with respect to agents, servants or employees
16-17-680 Unlawful purchase or transportation of copper wire or copper pipe
16-17-700 Tattooing
16-17-720 Impersonating law enforcement officer
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)
16-23-20 Unlawful carrying of pistol
[See Section 16-23-50(A)(2)]
16-23-430 Carrying weapons on school property
16-23-450 Placing loaded trap gun, spring gun or like device
16-27-40 Penalty (Animal Fighting or Baiting Act)
Second offense
17-15-90(2) Penalties for failure to appear after release for a misdemeanor
17-29-20 Installation of pen register or tap and trace device
20-3-210 Unlawful advertising for purpose of procuring divorce (See Section 20-3-220)
20-7-90 Obligation to support spouse and children
20-7-1350 Violations by adults (Children's Code)
20-7-2290 Violations of subarticle concerning child welfare agencies
22-9-170 Oppression in office or other misconduct, punishment
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)
23-35-140 Issuance of rules and regulations concerning permissible fireworks
Third offense
[See Section 23-35-150(3)]
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)]
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
25-1-440 Fraudulent or wilful
(c)(1) misstatement of fact in application for financial federal disaster assistance
25-1-1420 Unlawful purchase or receipt of military property
25-15-20 Improper use of Confederate Crosses of Honor
29-7-20(1) Failure to pay laborers and others, and for falsely certifying that payment has been made
33-55-160(4) Cancellation, suspension, or refusal of registration, sanctions for violations of chapter on charitable organizations
Second and subsequent offenses
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)
34-3-390 Effect of failure to publish report of condition (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'
34-24-100(a) Penalties and remedies (violations of South Carolina Bank Holding Company Act)
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
36-9-319 Sale of secured property without consent
37-5-301 Wilful violations (Consumer Protection Code)
37-5-302 Disclosure violations (Consumer Protection Code)
37-5-303 Fraudulent use of cards (Consumer Protection Code)
38-13-200 Penalty for refusing to be examined under oath (Insurance)
38-27-80(d) Cooperation of officers, owners, and employees (violation) (Insurance)
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
39-17-340 Penalties (violation of article concerning grading of watermelons)
39-19-60 Penalty for disposal of stored cotton without consent of owner
39-22-90 Prohibited acts. State Warehouse
(A)(5)-(7) 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)
39-43-40 License required of those engaged in handling liquefied petroleum gases and appliances
39-43-70 Sales for resale must be made only to licensees (liquefied petroleum gases) (See Section 39-43-170)
39-43-170 Penalties (for failure to obtain license) (liquefied petroleum gases)
40-6-170(2) Penalties (violation of chapter concerning auctioneers)
Second offense
40-17-170 Penalties (violation of chapter concerning detective and private security agencies)
40-29-250 Penalties (violation of chapter concerning manufactured housing)
40-30-90 Penalties (violation of chapter concerning masseurs and masseuses)
40-31-20 Penalties (violation of chapter concerning naturopathy)
40-41-60 License required for erection of lightening rods
40-41-220 Encamping and trading in animals or commodities by nomadic individuals without license unlawful
40-51-220 Penalties (violation of chapter on podiatry)
40-54-80 Violations of chapter concerning dealers in precious metals
Second offense
40-79-130 Penalty (violation of South Carolina Regulation of Burglar Alarm System Businesses Act)
41-1-60 Certain transactions between carriers or shippers and labor organizations prohibited, penalties
41-15-50 Light at entrance to elevator shafts required when elevator is in operation
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 records and files (private personnel agencies) (See Section 41-25-90)
42-15-90 Fees of attorneys and physicians and hospital charges must be approved by 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
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 Causing unwarranted confinement (mentally ill)
44-23-1070 Wilful denial of patient's rights (mentally ill)
44-24-210 Unlawful without prior authorization to take child from grounds of inpatient facility
44-53-50(E) Sale of cleaning agents containing phosphates prohibited
44-53-370 Prohibited Acts A, penalties
(b)(4) (manufacture or possession of Schedule V drugs with intent to distribute)
First offense
44-53-370 Prohibited Acts A, penalties
(d)(2) (possession of other controlled substances in Schedules I through V)
Second and subsequent offense
44-53-370 Prohibited Acts A, penalties
(d)(3) (possession of 28 grams (1 oz.) or less of marijuana or 10 grams or less of hashish)
Second and subsequent offense
44-53-445 Purchase of controlled substance including crack cocaine 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)
44-55-80 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 44-56-140 C.)
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
46-10-100 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
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)]
47-19-120(a) Interference with person performing official duties under chapter concerning Poultry Products Inspection Law (Violation of Sections 47-19-70 through 47-19-110)
47-21-80(B) Penalty for violation of Farm Animal and Research Facilities Protection Act (violation of Section 47-21-60)
48-39-170(A) Penalties (violation of chapter concerning coastal tidelands and wetlands)
Second or subsequent offense
50-1-136 Penalties for conspiracy (violation of provisions of Title 50 relating to fish, game, and watercraft)
50-9-1100 Penalties (hunting or fishing with suspended license)
50-11-710 Night hunting prohibited
First offense and any subsequent offense within two years of previous offense
50-11-1760 Unlawful to bring or release coyotes in state
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(e) Penalties (violation of Section 50-15-30 pertaining to possession, storage, transportation, exportation processing, or sale of any American alligator)
50-18-200 Penalties for violation of Chapter relating to hybrid striped bass
50-23-200 Forged or altered certificates or serial numbers, false names and addresses; stolen property (watercraft) [See Section 50-23-280(b)]
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 Violation of Underwater
(C)(1) Antiquities Act
55-1-100 Unlawful to operate or act as a flight crew member of aircraft while under the influence of alcohol or drugs
55-8-140(c) Penalty (violation of Uniform Aircraft Financial Responsibility Act)
56-5-1210 Duties of driver involved in accident in death or personal injury
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
56-19-240 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
58-15-870 Injuring railroad or electric railway generally
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)
59-102-30(A) Failure of student athlete to notify university of contract with athletic agent
59-102-30(H) Postdating of agent's contract by student athlete
61-9-1250 Operating brewery or winery without valid permit
61-13-50 Violation of injunction or restraining order concerning alcohol liquors
61-13-210 Unlawful manufacture, sale, possession, use, or transportation of alcoholic liquors [See Section 61-13-430(3)(b)]
Second offense
61-13-220 Unlawful storage or transportation of alcoholic liquors [See Section 61-13-430(3)(b)]
Second offense
61-13-230 Transportation in taxi or other vehicle for hire is unlawful [See Section 61-13-430(3)(b)]
Second offense
61-13-240 Assisting in unlawful transportation [See Section 61-13-430(3)(b)]
Second offense
61-13-260 Unlawful storage or possession of alcoholic liquors [See Section 61-13-430(2)(b)]
Second offense
61-13-300 Unlawful to manufacture, transfer, or possession of distillery or integral part [See Section 61-13-430(3)(b)]
Second offense
61-13-310 Allowing distillery apparatus on premises is unlawful [See Section 61-13-430(3)(b)]
Second offense
61-13-320 Making, possessing, or permitting mash or similar materials upon premises unlawful [See Section 61-13-430(3)(b)] Second offense
61-13-330 Persons present at distillery guilty of unlawful manufacturing [See Section 61-13-430(3)(b)]
Second offense
61-13-370 Sale of liquors from vehicles, vessels or aircraft is unlawful [See Section 61-13-430(3)(b)]
Second offense
61-13-380 Unlawful sales during certain days or period [See Section 61-13-430(2)(b)]
Second offense
61-13-390 Unlawful advertisements of any alcoholic liquors [See Section 61-13-430(2)(b)]
Second offense
61-13-420 Rescuing liquors from officer
61-13-860 Interference with and abusive language by officers concerning alcoholic beverage forbidden
Section 16-1-110. 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.
Section 16-11-325. The common law offense of robbery is a felony. Upon conviction, a person must be imprisoned not more than fifteen years."
Bribery at elections
SECTION 9. Section 7-25-50 of the 1976 Code is amended to read:
"Section 7-25-50. It is unlawful for a person to procure, by the payment, delivery, or promise of money or other article of value, another to vote for or against any particular candidate or measure at any election held within this State, whether general, special, or primary, for members of the Congress of the United States, members of the General Assembly of this State, sheriff, clerk, judge of probate or other county officer, mayor, and aldermen of any city or intendant and wardens of any incorporated town, or at any other election held within this State. It is also unlawful for a person to accept such procurements. The person promising and the person voting are each guilty of a misdemeanor and, upon conviction, for the first offense, must be fined not less than one hundred dollars nor more than five hundred dollars and imprisoned not more than six months. Conviction for the second offense is a felony and the person must be fined not less than five hundred dollars nor more than five thousand dollars and imprisoned not more than ten years."
Threatening voters
SECTION 10. Section 7-25-80 of the 1976 Code is amended to read:
"Section 7-25-80. A person who, at any of the elections, general, special, or primary, in any city, town, ward, or polling precinct, threatens, mistreats, or abuses a voter with a view to control or intimidate him in the free exercise of his right of suffrage, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Voting fraud
SECTION 11. Section 7-25-190 of the 1976 Code is amended to read:
"Section 7-25-190. A person who votes at any general, special, or primary election who is not entitled to vote, or who by force, intimidation, deception, fraud, bribery, or undue influence obtains, procures, or controls the vote of any voter to be cast for any candidate or measure other than as intended or desired by such voter, or who violates any of the provisions of this title in regard to general, special, or primary elections is guilty of a felony. Upon conviction, the person must be fined not less than one hundred nor more than one thousand dollars or imprisoned not more than five years, or both."
Illegal rebates
SECTION 12. Section 8-1-20 of the 1976 Code is amended to read:
"Section 8-1-20. A state or county officer who receives or collects a rebate, commission, or discount from a person upon the purchase of books or other property or supplies or from printing or advertising, whether for use of the State or a county, and fails or refuses to pay it to the proper state or county authority at the time of receiving it is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years. A person convicted under this section must forfeit his office."
Failure to pay income tax
SECTION 13. Section 12-7-2750 of the 1976 Code is amended to read:
"Section 12-7-2750. A person, officer or employee of a corporation, or a member or employee of a partnership, who, with intent to evade a requirement of this chapter or the commission, fails to pay a tax, to make, sign, or verify a return, to supply required information, or makes, renders, signs, or verifies a false or fraudulent return or statement, or supplies false or fraudulent information is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
Failure to pay withholding of income tax
SECTION 14. Section 12-9-840 of the 1976 Code is amended to read:
"Section 12-9-840. A person, officer or employee of a corporation, or a member or employee of a partnership, who, with intent to evade any requirement of this chapter or Chapter 7 of Title 12, or the commission, fails to make, sign, or verify a return, withhold a tax, remit a tax withheld, or supply required information or makes, renders, signs, or verifies a false or fraudulent return or statement, or supplies false or fraudulent information is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
Fraudulent operation of coin-operated machine
SECTION 15. Section 12-21-2716 of the 1976 Code is amended to read:
"Section 12-21-2716. A person who, with intent to cheat or defraud the owner, lessee, licensee, or other person entitled to the contents of an automatic vending machine, slot machine, coin-box telephone, or other receptacle, depository, or contrivance designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service or who, knowing that the same is intended for unlawful use, manufactures for sale, or sells or gives away any slug, device, or substance intended or calculated to be placed or deposited in the automatic vending machine, slot machine, coin-box telephone, or other receptacle, depository, or contrivance is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years."
Gasoline tax penalties
SECTION 16. Section 12-27-50 of the 1976 Code is amended to read:
"Section 12-27-50. A person, officer or employee of a corporation, or a member or employee of a partnership, who, with intent to evade any lawful requirement of this chapter or the commission, fails to pay a tax, make a report, or submit required information, or makes a false or fraudulent statement or report, or supplies false or fraudulent information is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
Fuel tax penalties
SECTION 17. Section 12-29-610 of the 1976 Code is amended to read:
"Section 12-29-610. A person, officer or employee of a corporation, or a member or employee of a partnership, who, with intent to evade a lawful requirement of this chapter or the commission, fails to pay a tax, make a report, or submit required information, or makes a false or fraudulent statement or report, or supplies false or fraudulent information is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
Road tax on motor carrier penalties
SECTION 18. Section 12-31-670 of the 1976 Code is amended to read:
"Section 12-31-670. A person, officer or employee of a corporation, or a member or employee of a partnership, who, with intent to evade a lawful requirement of this chapter or the commission, fails to pay a tax, make a report, or submit required information, or makes a false or fraudulent statement or report, or supplies false or fraudulent information is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
Penalties for failure to collect taxes
SECTION 19. Section 12-45-110 of the 1976 Code is amended to read:
"Section 12-45-110. A state or county officer who fails to comply with or who evades or attempts to evade the provisions of Sections 12-45-40 to 12-45-70, 12-45-90, and 12-45-100 is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
Conspiracy against civil rights
SECTION 20. Section 16-5-10 of the 1976 Code is amended to read:
"Section 16-5-10. It is unlawful for two or more persons to band or conspire together or go in disguise upon the public highway or upon the premises of another with the intent to injure, oppress, or violate the person or property of a citizen because of his political opinion or his expression or exercise of the same or attempt by any means, measures, or acts to hinder, prevent, or obstruct a citizen in the free exercise and enjoyment of any right or privilege secured to him by the Constitution and laws of the United States or by the Constitution and laws of this State.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. A person convicted under this section is ineligible to hold, and disabled from holding, any office of honor, trust, or profit in this State."
Illegal use of stink bombs
SECTION 21. Section 16-7-160, as last amended by Act 50 of 1987, is further amended to read:
"Section 16-7-160. It is unlawful for a person, other than a peace officer engaged in the discharge of his duty, to place or throw a stink bomb, tear-gas bomb, smoke bomb, or similar device which contains foul or offensive odors, may inflict injury, or cause fear sufficient to incite a riot or conditions of panic in or in close proximity to a public building, storehouse, theater, stadium, arena, motion picture theater, private residence, boardinghouse, or other building or structure where people lodge, congregate, or reside.
A person who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than three thousand dollars, or both.
(2) felony if he causes serious bodily harm or injury and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. The court may order all or a portion of a fine to be paid to persons injured as a result of the violation to recover necessary medical expenses."
Resisting arrest
SECTION 22. Section 16-9-320 of the 1976 Code, as last amended by Act 598 of 1990, is further amended to read:
"Section 16-9-320. (A) It is unlawful for a person knowingly and wilfully to oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or both.
(B) It is unlawful for a person to knowingly and wilfully assault, beat, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both."
Intimidation of jurors or witnesses
SECTION 23. Section 16-9-340 of the 1976 Code is amended to read:
"Section 16-9-340. (A) It is unlawful for a person by threat or force to:
(1) intimidate or impede a judge, magistrate, juror, witness, or potential juror or witness, arbiter, commissioner, or member of any commission of this State or any other official of any court, in the discharge of his duty as such; or
(2) destroy, impede, or attempt to obstruct or impede the administration of justice in any court.
(B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both."
Unlawful possession of lock picking tools
SECTION 24. Section 16-11-20 of the 1976 Code is amended to read:
"Section 16-11-20. It is unlawful for a person to make or mend, cause to be made or mended, or have in his possession any engine, machine, tool, false key, picklock, bit, nippers, nitroglycerine, dynamite cap, coil or fuse, steel wedge, drill, tap-pin, or other implement or thing adapted, designed, or commonly used for the commission of burglary, larceny, safecracking, or other crime, under circumstances evincing an intent to use, employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same are intended to be so used.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both."
Burning land of another person
SECTION 25. Section 16-11-170 of the 1976 Code is amended to read:
"Section 16-11-170. It is unlawful for a person to wilfully and maliciously set fire to or burn any grass, brush, or other combustible matter, causing any woods, fields, fences, or marshes of another person to be set on fire or cause the burning or fire to spread to or to be transmitted to the lands of another, or to aid or assist in such conduct.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. A person convicted under this section is liable to any person who may have sustained damage."
Cultivating marijuana on another's property
SECTION 26. Section 16-11-617 of the 1976 Code is amended to read:
"Section 16-11-617. It is unlawful for a person to enter on the land of another for the purpose of cultivating or attempting to cultivate marijuana. The provisions of this section are cumulative to other provisions of law. To constitute a violation of this section, a minimum of twenty-five marijuana plants must be cultivated. A person violating the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years and fined not more than five thousand dollars."
Malicious injury to electric utility system
SECTION 27. Section 16-11-740 of the 1976 Code, as last amended by Act 21 of 1989, is further amended to read:
"Section 16-11-740. It is unlawful for a person, without the consent of the owner, to wilfully:
(1) destroy, damage, or in any way injure a telegraph, telephone, electric utility system, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances;
(2) obstruct, impede, or impair their services or transmissions or;
(3) aid, agree with, employ, or conspire with a person to do or cause to be done any of the acts mentioned in this section.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years."
Breaking into motor vehicles
SECTION 28. Section 16-13-160 of the 1976 Code is amended to read:
"Section 16-13-160. (A) It is unlawful for a person to:
(1) break or attempt to break into a motor vehicle or its compartment with the intent to steal it or anything of value from it, or attached or annexed to it, or used in connection with it or in the perpetration of any criminal offense; or
(2) break or attempt to break any tank, pump, or other vessel where kerosene, gasoline, or lubricating oil is stored or kept with intent to steal any such product.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than one thousand dollars, or both."
Housebreaking
SECTION 29. Section 16-13-170 of the 1976 Code is amended to read:
"Section 16-13-170. It is unlawful for a person to:
(1) enter, without breaking, or attempt to enter a house or vessel, with intent to steal or commit any other crime; or
(2) conceal himself in a house or vessel, with intent to commit a crime.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Theft by impersonating an officer
SECTION 30. Section 16-13-290 of the 1976 Code is amended to read:
"Section 16-13-290. It is unlawful for a person, with intent to defraud either the State, a county, or municipal government or any person, to act as an officer and demand, obtain, or receive from a person or an officer of the State, county, or municipal government any money, paper, document, or other valuable things. A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
(2) misdemeanor triable in magistrate's court. Upon conviction, the person must be fined not more than one hundred dollars or imprisoned not more than thirty days if the property or thing obtained has a value of two hundred dollars or less."
Committing a lewd act upon a minor
SECTION 31. Section 16-15-140 of the 1976 Code is amended to read:
"Section 16-15-140. It is unlawful for a person over the age of fourteen years to wilfully and lewdly commit or attempt any lewd or lascivious act upon or with the body, or its parts, of a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of the child.
A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both."
Disseminating harmful material to minors
SECTION 32. Section 16-15-385(D), as added by Act 168 of 1987, is amended to read:
"(D) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both."
Conspiracy
SECTION 33. Section 16-17-410 of the 1976 Code is amended to read:
"Section 16-17-410. The common law crime known as `conspiracy' is defined as a combination between two or more persons for the purpose of accomplishing an unlawful object or lawful object by unlawful means.
A person who commits the crime of conspiracy is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
A person who is convicted of the crime of conspiracy must not be given a greater fine or sentence than he would receive if he carried out the unlawful act contemplated by the conspiracy and had been convicted of the unlawful act contemplated by the conspiracy or had he been convicted of the unlawful acts by which the conspiracy was to be carried out or effected."
Unlawful use of the telephone
SECTION 34. Section 16-17-430 of the 1976 Code is amended to read:
"Section 16-17-430. (A) It is unlawful for a person to:
(1) use in a telephonic communication any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to threaten in a telephonic communication any unlawful act with the intent to coerce, intimidate, or harass another person, or to communicate or convey by telephone an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person;
(2) telephone another repeatedly, whether or not conversation ensues, for the purpose of annoying or harassing another person or his family;
(3) make a telephone call and intentionally fail to hang up or disengage the connection for the purpose of interfering with the telephone service of another;
(4) telephone another and make false statements concerning either the death or injury of a member of the family of the person who is telephoned with the intent to annoy, frighten, or terrify that person; or
(5) knowingly permit a telephone under his control to be used for any purpose prohibited by this section.
(B)(1) A person who violates items (1), (2), or (4) of subsection (A) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years.
(2) A person who violates items (3) or (5) of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."
Desecration of human remains
SECTION 35. Section 16-17-600 of the 1976 Code, as last amended by Act 74 of 1989, is further amended to read:
"Section 16-17-600. (A) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:
(1) destroy or damage the remains of a deceased human being;
(2) remove a portion of the remains of a deceased human being from a burial ground where human skeletal remains are buried, a grave, crypt, vault, mausoleum, or other repository; or
(3) desecrate human remains.
A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars and imprisoned not less than one year nor more than ten years.
(B) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:
(1) obliterate, vandalize, or desecrate a burial ground where human skeletal remains are buried, a grave, graveyard, tomb, mausoleum, or other repository of human remains;
(2) deface, vandalize, injure, or remove a gravestone or other memorial monument or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, memorial park, or battlefield; or
(3) obliterate, vandalize, or desecrate a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons.
A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than two thousand dollars, or both.
(C) It is unlawful for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure only fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard or memorial park.
A person violating the provisions of subsection (C) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both. Injury or loss of property less than two hundred dollars is a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined, imprisoned, or both, not more than is permitted by law, without presentment or indictment by the grand jury."
Forging certificates of title, registrations, or license plates
SECTION 36. Section 16-21-10 of the 1976 Code is amended to read:
"Section 16-21-10. (A) It is unlawful for a person to:
(1) alter, forge, or counterfeit a certificate of title, registration card, or license plate;
(2) alter or forge an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or on a form the department prescribes;
(3) possess or use a certificate of title, registration card, or license plate, knowing it to have been altered, forged, or counterfeited; or
(4) use a false or fictitious name or address, make a material false statement, fail to disclose a security interest, or conceal any other material fact in an application for a certificate of title or for registration.
(B) A person violating the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years."
Removing vehicle identification numbers
SECTION 37. Section 16-21-40 of the 1976 Code is amended to read:
"Section 16-21-40. (A) A person who:
(1) wilfully removes or falsifies an identification number of a vehicle or an engine for a vehicle is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.
(2) wilfully and with intent to conceal or misrepresent the identity of a vehicle or engine removes or falsifies an identification number of the vehicle or engine is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(3) buys, receives, possesses, sells, or disposes of a vehicle or an engine for a vehicle, knowing that an identification number of the vehicle or engine has been removed or falsified, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.
(4) buys, receives, possesses, sells, or disposes of a vehicle or an engine for a vehicle, with knowledge that an identification number of the vehicle or engine has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or engine, is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(B) An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the department without violating this section. An identification number so placed or restored is not falsified.
(C) As used in this section:
(1) `Identification number' includes an identifying number, serial number, engine number, or other distinguishing number or mark, placed on a vehicle or engine by its manufacturer or by authority of the department or in accordance with the laws of another state or country;
(2) `Remove' includes deface, cover, and destroy; and
(3) `Falsify' includes alter and forge."
Penalties on offenses involving motor vehicle title
SECTION 38. Section 16-21-130 of the 1976 Code is amended to read:
"Section 16-21-130. A person who violates the provisions of this chapter, except as specifically provided, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both."
Aiding and abetting motor vehicle title offenses
SECTION 39. Section 16-21-140 of the 1976 Code is amended to read:
"Section 16-21-140. A person who, whether present or absent, aids, abets, induces, procures, or causes the commission of an act under a provision of this chapter is guilty of the principal offense and must be punished accordingly."
Unlawful transportation of machine guns and similar firearms
SECTION 40. Section 16-23-220 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 16-23-220. It is unlawful for a person to transport from one place to another in this State or for any railroad company, express company, or other common carrier or any officer, agent, or employee of any of them or other person acting in their behalf knowingly to ship or to transport from one place to another in this State a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
Unlawful storage of machine guns and similar firearms
SECTION 41. Section 16-23-230 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 16-23-230. It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
Unlawful sale of machine gun or similar weapons
SECTION 42. Section 16-23-240 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 16-23-240. It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a machine gun, or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
Penalties for other offenses involving machine guns and similar weapons
SECTION 43. Section 16-23-260 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 16-23-260. A person violating the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both."
Pointing a firearm at a person
SECTION 44. Section 16-23-410 of the 1976 Code is amended to read:
"Section 16-23-410. It is unlawful for a person to present or point at another person a loaded or unloaded firearm.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances."
Carrying firearms in public
SECTION 45. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into a private or public school, college or university building, or any publicly owned building, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings.
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section."
Discharging firearms in houses
SECTION 46. Section 16-23-440 of the 1976 Code, as last amended by Act 469 of 1988, is further amended to read:
"Section 16-23-440. It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into a dwelling house or other building or structure regularly occupied by persons. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ten years, or both."
Manufacture of devices to cause a fire
SECTION 47. Section 16-23-480 of the 1976 Code is amended to read:
"Section 16-23-480. It is unlawful for a person to manufacture, cause to be manufactured, or possess any object or article which is designed to cause damage by fire or any other means to person or property either by ignition, detonation, or other means. It is unlawful for a person to possess any object or article solely for the purpose of causing damage by fire or other means to person or property either by ignition, detonation, or other means.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both."
Enhancement penalties for use of firearm to commit certain crimes
SECTION 48. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. (A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of the violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently.
(C) The person sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits, but may earn credits during this period.
(D) As used in this section, `firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; `knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60."
Teflon coated ammunition prohibited
SECTION 49. Section 16-23-520 of the 1976 Code is amended to read:
"Section 16-23-520. It is unlawful for a person to use, transport, manufacture, possess, distribute, sell, or buy any ammunition or shells that are coated with polytetrafluoroethylene (teflon).
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both."
Right to be informed of ground for arrest
SECTION 50. Section 17-13-50 of the 1976 Code is amended to read:
"Section 17-13-50. (A) A person arrested by virtue of process or taken into custody by an officer in this State has a right to know from the officer who arrests or claims to detain him the true ground on which the arrest is made. It is unlawful for an officer to:
(1) refuse to answer a question relative to the reason for the arrest;
(2) answer the question untruly;
(3) assign to the person arrested an untrue reason for the arrest; or
(4) neglect on request to exhibit to the person arrested or any other person acting in his behalf the precept by virtue of which the arrest is made.
(B) An officer who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Failure to appear after release
SECTION 51. Section 17-15-90 of the 1976 Code is amended to read:
"Section 17-15-90. It is unlawful for a person who has been released pursuant to Sections 17-15-10 through 17-15-100, to wilfully fail to appear before the court as required. A person who violates the provisions of these sections, upon conviction, forfeits any security given or pledged for his release and is guilty of a:
(1) felony if he was released in connection with a charge of felony, or while awaiting sentence after conviction. The person must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(2) misdemeanor if he was released in connection with a charge of misdemeanor. The person must be fined not more than one thousand dollars or imprisoned not more than one year, or both."
Child neglect
SECTION 52. Section 20-7-50 of the 1976 Code is amended to read:
"Section 20-7-50. It is unlawful for a person who has the legal custody of a child or helpless person, without lawful excuse, to refuse or neglect to provide the proper care and attention, as defined in Section 20-7-490, for the child or helpless person, so that the life, health, or comfort of the child or helpless person is endangered or is likely to be endangered.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Ill-treating children
SECTION 53. Section 20-7-60 of the 1976 Code is amended to read:
"Section 20-7-60. (A) It is unlawful for a person who is legally responsible, as parent, guardian, or temporary or permanent custodian, to provide for a child, mentally incompetent or helpless person, necessary food, clothing, lodging, or medical or other treatment as recognized by Section 40-47-40, to:
(1) wilfully or without lawful excuse, refuse, or neglect to provide for the child, mentally incompetent or helpless person, as defined in Section 20-7-490; or
(2) unlawfully and maliciously do, or cause to be done, any bodily harm to that person so that his life is endangered, or his health or comfort is, or is likely to be permanently injured.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not less than two hundred dollars or imprisoned not more than ten years, or both."
Abandonment of children
SECTION 54. Section 20-7-80 of the 1976 Code is amended to read:
"Section 20-7-80. It is unlawful for a parent or other person legally responsible for the care and support of a minor child under the age of sixteen years to wilfully abandon the child, as provided in Section 20-7-1570.
A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Penalties relating to certain firearm offenses
SECTION 55. Section 23-31-340 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 23-31-340. A person who violates the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both."
Possession of unregistered machine gun
SECTION 56. Section 23-31-360 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 23-31-360. Machine guns or military firearms manufactured by a firm licensed by the federal government and subject to the Federal Gun Control Act may be legally possessed by the manufacturer without being registered with the State Law Enforcement Division. The manufacturing firm shall furnish to SLED the serial numbers of all machine guns or military firearms manufactured by it within thirty days of their manufacture and it is subject to the penalties provided in Section 23-31-340 for noncompliance."
Trespassing on state correctional properties
SECTION 57. Section 24-1-270 of the 1976 Code is amended to read:
"Section 24-1-270. (A) As used in this section, the term `state correctional properties' includes all property under the control of the Commissioner of the South Carolina Department of Corrections, or his agents, for the confinement of inmates or other uses pursuant to the commissioner's responsibilities.
(B) It is unlawful for a person to:
(1) trespass or loiter on state correctional properties after notice to leave is given by the commissioner or his authorized agents or, after lawful entry, refuse to leave the premises after notice is given; or
(2) incite, solicit, urge, encourage, exhort, instigate, or procure a person to violate the provisions of item (1) of this subsection.
(C) A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) The provisions of this section must not be construed to bar prosecution of other offenses committed on state correctional property."
Escape
SECTION 58. Section 24-13-410 of the 1976 Code is amended to read:
"Section 24-13-410. (A) It is unlawful for a person, lawfully confined in prison or upon the public works of a county or while in the custody of a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.
(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State. When the original sentence is three years or less, the sentence imposed in addition to any remaining unserved portion of the original sentence must not be longer than the original sentence.
(D) If the escapee is recaptured outside of this State, the term of imprisonment must be in addition to any remaining unserved portion of the original sentence and must not be less than one year nor more than five years.
(E) This sentence is consecutive to other sentences previously imposed upon the escapee by any court of this State."
Harboring escapees
SECTION 59. Section 24-13-420 of the 1976 Code is amended to read:
"Section 24-13-420. A person who knowingly harbors or employs an escaped convict, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Penalties regarding vacation time share plans
SECTION 60. Section 27-32-120 of the 1976 Code is amended to read:
"Section 27-32-120. (A) If upon investigation by the Real Estate Commission or commissioner, a person is found to be in violation of this chapter, the commissioner shall inform the person of the violation by certified mail, return receipt requested, and if the commissioner finds the violation is of a minor nature, he may assess a monetary fine.
Within ten days from receipt of the certified mail, the person found in violation of this chapter may pay the fine or take other remedial steps as the commissioner, in his sole discretion, may require. If no fine is paid and no other remedial agreement is reached within the time allowed or any extension of time granted by the commissioner, the person may be prosecuted for the violation as otherwise provided in this section.
Upon payment of a fine or agreement for remedial action, the commissioner is authorized to release a person found in violation of this chapter from any further liability to the State arising from the violation.
(B) A person who wilfully violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not more than five thousand dollars for each violation. Conviction for a second offense is a misdemeanor and the person must be fined not more than five thousand dollars or imprisoned not more than six months, or both for each violation. Conviction for a third or subsequent offense is a felony and the person must be fined not more than five thousand dollars or imprisoned not more than five years, or both for each violation.
For purposes of this chapter, a wilful violation occurs when the person committing the violation knew or should have known that his conduct was a violation of this chapter.
(C) In addition to the penalties provided in this section, any contract for the sale of a time-shared unit in violation of this chapter is voidable at the sole option of the purchaser and entitles the purchaser to a refund of all consideration paid by him pursuant to the contract.
(D) A deficiency in an escrow required by this chapter, which results solely from the cancellation or worthlessness of receivables previously placed in escrow, is not a violation of this chapter. In the event of an escrow deficiency, a lender who has advanced funds to a project has no liability to contribute funds to the escrow to cure the deficiency, and the lender's lien on the project property is not affected by the deficiency."
Penalty for improper borrowing by bank directors
SECTION 61. Section 34-13-90 of the 1976 Code is amended to read:
"Section 34-13-90. A person who violates the provisions of Section 34-13-80 is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Return of deposited securities
SECTION 62. Section 38-9-150 of the 1976 Code is amended to read:
"Section 38-9-150. Upon request of a domestic insurer the commissioner may return to the insurer the whole or any portion of the securities of the insurer held by him on deposit when he is satisfied that the securities asked to be returned are not subject to any liability and are not required to be held any longer by any provision of law or purpose of the original deposit.
These deposits made by a foreign insurer must be returned by the commissioner upon the filing with the commissioner by the trustee or other authorized representative of the insurer a written request and sworn affidavit stating (a) that the insurer has no contracts of insurance in force and no unsatisfied claims outstanding within this State or (b) that reinsurance of all outstanding contracts and acceptance of all unsatisfied claims within this State have been provided by an insurer or insurers authorized to transact the same kinds of business in this State, filing with the affidavit a certified copy of the reinsurance agreement. Release must be made upon the written order of the commissioner when he is satisfied that the above requirements have been met. The commissioner is considered the agent of the foreign insurer for acceptance of service of any legal process in any action or proceeding against the insurer for any claim that might arise before or after the return of its deposits. A person making a false affidavit as required in this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years."
False annual insurance statements, penalties
SECTION 63. Section 38-13-170 of the 1976 Code is amended to read:
"Section 38-13-170. If an insurer, in its annual or other statement required by law, wilfully misstates the facts, the insurer and the person signing the statement and any person aiding, abetting, or participating in the making of the statement are guilty of a felony, and upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. The insurer, upon conviction, forfeits its right to do business in this State."
Prohibited acts under state warehouse system
SECTION 64. Section 39-22-90(B) of the 1976 Code, as added by Act 436 of 1990, is amended to read:
"(B) A person who violates the provisions of item (1), (2), (3), or (4) of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
A person who violates the provisions of item (5) or (6) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
A person who violates the provisions of item (7) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, for each violation.
A person who violates the provisions of item (8) of this section is guilty of forgery and, upon conviction, must receive the penalty provided for a conviction of that crime."
Adulterated drugs and devices
SECTION 65. Section 39-23-80 of the 1976 Code is amended to read:
"Section 39-23-80. (A) It is unlawful to do or cause the following acts:
(1) introduction or delivery for introduction into commerce within the State of a drug or device that is adulterated or misbranded;
(2) adulteration or misbranding of a drug or device in intrastate commerce;
(3) receipt in intrastate commerce of a drug or device that is adulterated or misbranded, and the delivery or proffered delivery of a drug or device for pay or otherwise;
(4) manufacture of a drug or device within the State which is adulterated or misbranded;
(5) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or the federal act;
(6) alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a drug or device, if the act is done while the article is held for sale (whether or not the first sale) after shipment in intrastate commerce and results in the article being adulterated or misbranded;
(7) using, on the label of a drug or in an advertisement relating to the drug, any representation or suggestion that an application with respect to the drug is effective under Section 39-23-70, or that the drug complies with the provisions of that section.
(B) (1) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both for a first offense.
(2) A person convicted under this section for a second offense is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.
(3) A violation with intent to defraud or mislead is a felony and, upon conviction, the person must be imprisoned not more than five years or fined not more than ten thousand dollars, or both."
Penalties for abuse of developmentally disabled persons
SECTION 66. Section 43-29-41 of the 1976 Code is amended to read:
"Section 43-29-41. Notwithstanding the provisions of Section 43-29-100, a person who violates the provisions of Section 43-29-40 is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years."
Penalties for abuse of state confined clients or patients
SECTION 67. Section 43-30-100 of the 1976 Code, as last amended by Act 447 of 1990, is further amended to read:
"Section 43-30-100. (A) It is unlawful for a person to neglect, exploit, abuse, threaten to abuse, or cause physical or mental injury to a client-patient, as defined in Section 43-30-20.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years."
Sexual intercourse with state mental health patients or trainees
SECTION 68. Section 44-23-1150 of the 1976 Code is amended to read:
"Section 44-23-1150. A person having sexual intercourse with a patient or trainee of any state mental health facility, whether the patient or trainee is within the facility or unlawfully away from the facility, is guilty of a felony and, upon conviction, must be imprisoned not more than ten years."
Contraband at state mental health facilities
SECTION 69. Section 44-52-165(B) of the 1976 Code, as added by Act 389 of 1990, is amended to read:
"(B) A person who intentionally or negligently allows a patient, as defined in subsection (A), access to or possession of items in violation of that subsection or who attempts to furnish:
(1) alcoholic beverages or controlled substances, is guilty of a felony and, upon conviction, must be fined not less than one hundred nor more than ten thousand dollars or imprisoned not more than ten years, or both.
(2) firearms or dangerous weapons, is guilty of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned not less than one nor more than ten years, or both."
Obtaining drugs or devices by deceit
SECTION 70. Section 44-53-40 of the 1976 Code is amended to read:
"Section 44-53-40. (A) It is unlawful for a person to obtain or attempt to obtain a drug or device as defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or chemical compound that is restricted in regard to its sale at retail by:
(1) fraud, deceit, misrepresentation, or subterfuge;
(2) forgery or alteration of a prescription;
(3) falsification in any manner of any record of sale required by law;
(4) use of a false name or the giving of a false address;
(5) concealment of a material fact; or
(6) falsely assuming the title of or representing himself to be a person authorized by the laws of this State to possess such drugs, pharmaceutical preparations, chemicals, chemical compound, or devices.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both for a first offense. Conviction for a second or subsequent offense, is a felony and the person must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
A person must not be convicted of a criminal offense under this section unless it is shown by clear and convincing evidence that the drug, pharmaceutical preparation, chemical, chemical compound, or device would not have been obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery, alteration, falsification, concealment, or other prohibited act allegedly practiced by the accused."
Possession of ice, crank, or crack cocaine
SECTION 71. Section 44-53-375(A) of the 1976 Code, as last amended by Act 604 of 1990, is further amended to read:
"(A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not less than five thousand dollars. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years and fined not less than ten thousand dollars. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars."
Distribution of controlled substances classified in Schedules I and II
SECTION 72. Section 44-53-390 of the 1976 Code is amended to read:
"Section 44-53-390. (a) It is unlawful for a person knowingly or intentionally to:
(1) distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by Section 44-53-350;
(2) use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(3) acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
(4) furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this article, or any record required to be kept by this article;
(5) make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling so as to render the drug a counterfeit substance;
(6) distribute or deliver a noncontrolled substance or an imitation controlled substance:
(A) with the expressed or implied representation that the substance is a narcotic or nonnarcotic controlled substance, or with the expressed or implied representation that the substance is of such nature or appearance that the recipient of the distribution or delivery will be able to dispose of the substance as a controlled substance;
(B) when the physical appearance of the finished product is substantially similar to a specific controlled substance, or if in a tablet or capsule dosage form as a finished product it is similar in color, shape, and size to any controlled substances' dosage form, or its finished dosage form has similar, but not necessarily identical, markings on each dosage unit as any controlled substances' dosage form, or if its finished dosage form container bears similar, but not necessarily identical, markings or printed material as any controlled substances which is commercially manufactured and commercially packaged by a manufacturer or repackager registered under the provisions of Title 21, Section 823 of the United States Code. In any prosecution for unlawful delivery of a noncontrolled substance, it is no defense that the accused believed the noncontrolled substance to actually be a controlled substance.
(b) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years, or fined not more than ten thousand dollars, or both. If such person is a corporation, it is subject to a civil penalty of not more than one hundred thousand dollars.
(c) The provisions of Section 44-53-390(a)(6) do not apply to any transaction in the ordinary course of professional practice of a practitioner registered to dispense controlled substances under this article, nor do they apply to a pharmacy acting in the normal course of business, or pursuant to the lawful order of a placebo prescription."
Distribution of controlled substances near a school
SECTION 73. Section 44-53-445 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 44-53-445. (A) It is unlawful for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.
(B)(1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.
(2) When a violation involves the distribution, sale, manufacture, or possession with intent to distribute crack cocaine, the person is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars and imprisoned not less than ten nor more than fifteen years.
(3) When a violation involves only the purchase of a controlled substance, including crack cocaine, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(C) For the purpose of creating inferences of intent to distribute, the inferences set out in Sections 44-53-370 and 44-53-375 apply to criminal prosecutions under this section."
Discharge of acid fumes
SECTION 74. Section 44-55-1510 of the 1976 Code is amended to read:
"Section 44-55-1510. In counties which have cities of sixty-five thousand inhabitants or over it is unlawful for a manufacturer of acids or other distillations of a corrosive nature or of acrid odor, offensive or dangerous to human or plant life, to discharge into the air fumes generated in the manufacture of these acids or other similar substances without first treating the fumes so as to render them innocuous, inoffensive, and harmless to human or plant life. A person who violates this section is guilty of a felony, and upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Engaging in agriculture business without a license
SECTION 75. Section 46-41-30 of the 1976 Code is amended to read:
"Section 46-41-30. It is unlawful for a dealer in agricultural products to engage in that business without a state license issued by the commissioner. This requirement applies to all dealers in agricultural products who are not exempted by Sections 46-41-20 and 46-41-25.
(1) A person violating the provisions of this section is guilty of a misdemeanor for a first offense and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than three years, or both.
(2) Conviction for a second or subsequent offense is a felony and the person must be imprisoned not more than five years and fined not more than five thousand dollars."
Interference with poultry inspection
SECTION 76. Section 47-19-120(c) of the 1976 Code is amended to read:
"(c)(1) A person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with a person while engaged in or on account of the performance of his official duties under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.
(2) A person who, in the commission of any acts contained in item (1), uses a deadly or dangerous weapon is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both."
Damaging airport equipment
SECTION 77. Section 55-1-30 of the 1976 Code is amended to read:
"Section 55-1-30. It is unlawful to remove or damage an airport facility or equipment with malicious intent. A person violating the provisions of this section is guilty of a felony and, upon conviction, must be:
(1) fined not less than one thousand dollars or imprisoned not more than five years, or both.
(2) fined not less than one thousand dollars or imprisoned not more than ten years, or both, if injury results from malicious damage or removal of airport facilities or equipment.
(3) imprisoned not more than thirty years if death results from the malicious damage or removal of airport facilities or equipment."
Habitual offenders of offenses regarding motor vehicles
SECTION 78. Section 56-1-1100 of the 1976 Code is amended to read:
"Section 56-1-1100. It is unlawful for a person to operate a motor vehicle in this State while the decision of the department prohibiting the operation remains in effect. A person found to be an habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle in this State while the decision of the department prohibiting the operation is in effect, is guilty of a felony and must be imprisoned not more than five years. For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the department, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender, the department shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender."
Interference with traffic control devices
SECTION 79. Section 56-5-1030 of the 1976 Code is amended to read:
"Section 56-5-1030. (A) No person shall wilfully without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove an official traffic-control device or a railroad sign or signal or its inscriptions, shields, or insignia.
(B) A person violating the provisions of this section is guilty of a felony and, upon conviction, must be:
(1) fined not less than one thousand dollars or imprisoned not more than five years, or both. The driver's license of a person convicted under this section must be revoked for not less than five years. In any case where a license has not been issued, the person is not eligible to obtain a license for five years from the date of conviction;
(2) fined not less than one thousand dollars or imprisoned not more than ten years if injury results.
(3) imprisoned not more than thirty years if death results."
Bribery of state highway commissioners and employees
SECTION 80. Section 57-1-60 of the 1976 Code is amended to read:
"Section 57-1-60. (A) It is unlawful for a member of the State Highway Commission or engineer, agent, or other employee, acting for or in behalf of the department or commission, to accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
(1) money;
(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;
(3) political appointment or influence, present, or reward;
(4) employment; or
(5) other thing of value.
A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.
(B) It is unlawful for a person to give or offer to give, promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to a member of the commission or an engineer, agent, or other employee acting for or on behalf of the commission or department with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
(1) money;
(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;
(3) political appointment or influence, present, or reward;
(4) employment; or
(5) other thing of value.
A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State."
Transportation of explosive compounds
SECTION 81. Section 58-13-740 of the 1976 Code is amended to read:
"Section 58-13-740. A person who knowingly violates, causes, or permits the violation of any provision of this article, or knowingly transports, causes, or permits the transportation of any explosive compound in any manner other than in conformity with the rules made by the commission, is guilty of a felony and, upon conviction, must be fined not less than fifty dollars nor more than five thousand dollars or imprisoned not more than five years."
Obstruction of railroads
SECTION 82. Section 58-15-820 of the 1976 Code is amended to read:
"Section 58-15-820. A person who wilfully does or causes an action, or aids or assists an action with intent to obstruct any engine, carriage, or car passing upon a railroad or with intent to endanger the safety of persons within these vehicles is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five hundred dollars. For each offense he shall forfeit to the corporation treble the amount of damages proved to have been sustained, to be recovered in an action in a court of competent jurisdiction."
Shooting or throwing at trains
SECTION 83. Section 58-17-4100 of the 1976 Code is amended to read:
"Section 58-17-4100. A person who wilfully discharges any kind of firearms or throws any kind of missile at or into the engine or any car of a train is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years."
Concealment of goods on which tax is owed
SECTION 84. Section 12-54-40(b)(6)(f)(3) of the 1976 Code is amended to read:
"(3) Wilfully removes, deposits, or conceals, or is concerned in removing, depositing, or concealing any goods or commodities for which any tax is or must be imposed, or any property upon which levying is authorized pursuant to law, with intent to evade or defeat the assessment or collection of any tax imposed by this provision of law administered by the Commission is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both, together with the cost of prosecution."
Dueling
SECTION 85. Section 16-3-410 of the 1976 Code is amended to read:
"Section 16-3-410. It is unlawful for a person to challenge another to fight with a sword, pistol, rapier, or any other deadly weapon or to accept a challenge.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years. A person convicted under this section is deprived of the right of suffrage, and is disabled from holding any office of honor or trust in this State."
Perjury
SECTION 86. Section 16-9-10 of the 1976 Code is amended to read:
"Section 16-9-10. (A) (1) It is unlawful for a person to wilfully give false, misleading, or incomplete testimony under oath in any court of record, judicial, administrative, or regulatory proceeding in this State.
(2) It is unlawful for a person to wilfully give false, misleading, or incomplete information on a document, record, report, or form required by the laws of this State.
(B) (1) A person who violates the provisions of subsection (A)(1) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.
(2) A person who violates the provisions of subsection (A)(2) is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not less than one hundred dollars, or both.
(C) A person may be convicted under this section if he induces, procures, or persuades another person to commit perjury or if he commits perjury by his own act, consent, or agreement."
Perjury in civil actions
SECTION 87. Section 16-9-20 of the 1976 Code is amended to read:
"Section 16-9-20. (A) It is unlawful for a person to:
(1) wilfully induce, procure, or persuade another person by any means to commit perjury in initiating a civil action or proceeding; or
(2) wilfully induce, procure, or persuade another person to give false, misleading, or incomplete testimony while under oath in a civil action or proceeding.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months and fined not less than two hundred dollars."
Burning of crops or personal property
SECTION 88. Section 16-11-140 of the 1976 Code is amended to read:
"Section 16-11-140. It is unlawful for a person to (a) wilfully and maliciously set fire to or burn or cause to be burned, or (b) aid, counsel, or procure the burning of any:
(1) barracks, cock, crib, rick or stack of hay, corn, wheat, oats, barley, or other grain or vegetable product of any kind;
(2) field of standing hay or grain of any kind;
(3) pile of coal, wood, or other fuel;
(4) pile of planks, boards, posts, rails, or other lumber;
(5) streetcar, railway car, ship, boat, or other watercraft, or automobile or other motor vehicle; or
(6) other personal property with a value in excess of twenty-five dollars and the property of another person.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years."
Littering
SECTION 89. Section 16-11-700(E) of the 1976 Code, as last amended by Act 63 of 1991, is further amended to read:
"(E) (1) Any person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned not more than one year, or both. In addition, the court may order the violator to:
(a) remove or render harmless the litter that he dumped in violation of this subsection;
(b) repair or restore property damaged by, or pay damages for damage arising out of, his dumping litter in violation of this subsection; or
(c) perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.
(2) A court may enjoin a violation of this subsection.
(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.
(4) If a person sustains damages arising out of a violation of this subsection that is punishable as a misdemeanor, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.
(5) No part of a fine imposed pursuant to this section may be suspended.
(6) In addition to the fines provided for in subsections (C), (D), and (E) of this section, a fee of twenty-five dollars is assessed to all persons convicted or pleading guilty or nolo contendere for violating the provisions of this section. This fee goes to the general fund of the municipality, or if the violation occurred within an unincorporated area of the county, the fee goes to the general fund of the county and must be used to defray the cost of supervising those persons who have been ordered to do public service pursuant to the provisions of this section."
Penalties for unlawful recording of records, tapes, or films
SECTION 90. Section 16-11-920 of the 1976 Code, as last amended by Act 92 of 1989, is further amended to read:
"Section 16-11-920. (A) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both, if the offense:
(1) involves at least one thousand unauthorized articles embodying sound or sixty-five unauthorized audio visual articles during any one hundred eighty-day period; or
(2) is a second or subsequent conviction under Section 16-11-910 or 16-11-915.
(B) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years, or both, if the offense involved:
(1) more than one hundred but less than one thousand unauthorized articles embodying sound during any one hundred eighty-day period; or
(2) more than ten but less than sixty-five unauthorized audio visual articles during any one hundred eighty-day period.
(C) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than:
(1) twenty-five unauthorized articles embodying sound during any one hundred eighty-day period; or
(2) ten unauthorized audio visual articles during any one hundred eighty-day period.
(D) A person who violates any other provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.
(E) If a person is convicted of a violation of Section 16-11-910 or 16-11-915, the court shall order the forfeiture and destruction or other disposition of all:
(1) infringing articles;
(2) implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.
These penalties are not exclusive but are in addition to other penalties provided by law."
Penalties for illegal distribution of recordings
SECTION 91. Section 16-11-940 of the 1976 Code, as added by Act 92 of 1989, is amended to read:
"Section 16-11-940. (A) A person who violates the provisions of Section 16-11-930 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both, if the offense involves at least one thousand unauthorized articles embodying sound or at least sixty-five unauthorized audio visual articles, or is a second or subsequent conviction under Section 16-11-930;
(B) A person violating the provisions of Section 16-11-930 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years, or both, if the offense involves more than one hundred but less than one thousand unauthorized articles embodying sound or more than ten but less than sixty-five unauthorized audio visual articles; or
(C) A person violating the provisions of Section 16-11-930 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than twenty-five unauthorized articles embodying sound or not more than ten unauthorized audio visual articles; or
(D) A person violating the provisions of Section 16-11-930 is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both, in any other case.
(E) If a person is convicted of a violation of Section 16-11-930, the court shall order the forfeiture and destruction or other disposition of all:
(1) infringing articles;
(2) implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.
The penalties provided in this section are not exclusive and are in addition to any other penalties provided by law.
(F) Each violation of Section 16-11-930 constitutes a separate offense.
Financial transaction card forgery
SECTION 92. Section 16-14-40(d) of the 1976 Code is amended to read:
"(d) A person falsely encodes a financial transaction card when, without authorization of the purported issuer, he records magnetically, electronically, electro-magnetically or by other means, information on a financial transaction card which will permit acceptance of that card by any automated banking device. "
Additional penalties for financial transaction card forgery
SECTION 93. Section 16-14-40 of the 1976 Code is amended by adding:
"(e) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three years, or both."
Financial transaction card fraud
SECTION 94. Section 16-14-60 of the 1976 Code, as last amended by Act 126 of 1991, is amended to read:
"Section 16-14-60. (a) A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he:
(1) uses for the purpose of obtaining money, goods, services, or anything else of value a financial transaction card obtained or retained, or which was received with knowledge that it was obtained or retained, in violation of Sections 16-14-20 or 16-14-40 or a financial transaction card which he knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of Section 16-14-40(c);
(2) obtains money, goods, services, or anything else of value by:
a. representing without the consent of the specified cardholder that he has permission to use it;
b. presenting the financial transaction card without the authorization or permission of the cardholder;
c. representing that he is the holder of a card and the card has not in fact been issued;
d. using a financial transaction card to knowingly and wilfully exceed:
(i) the actual balance of a demand deposit account or time deposit account;
(ii) an authorized credit line in an amount which exceeds the authorized credit line by five hundred dollars or fifty percent of the authorized credit line, whichever is greater, if the cardholder has not paid to the issuer of the financial transaction card the total amount of the excess over the authorized credit line within ten days after notice to the cardholder by certified mail to the last known address that the credit line has been exceeded. Failure to pay the amount in excess of the authorized credit line after the notice, is prima facie evidence of an intent to defraud;
(3) obtains control over a financial transaction card as security for debt;
(4) deposits into his account or any account, by means of an automated banking device, a false, fictitious, forged, altered or counterfeit check, draft, money order, or any other document not his lawful or legal property;
(5) receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document having been deposited into an account by means of an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document deposited was false, fictitious, forged, altered, or counterfeit or that the above deposited item was not his lawful or legal property.
A person who violates the provisions of this subsection except subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, upon conviction, a person must be fined not less than three thousand dollars or more than five thousand dollars or imprisoned not more than three years, or both.
A person who violates the provisions of subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person is guilty of a financial transaction card fraud when, with intent to defraud the issuer or the cardholder, he:
(1) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Section 16-14-20, or a financial transaction card which he knows is forged, expired, or revoked;
(2) fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished.
A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, upon conviction, a person must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three years, or both.
(c) A person is guilty of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, financial condition, assets, or liabilities; or wilfully and substantially overvalues any assets, or wilfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. A person who violates the provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(d) A cardholder is guilty of financial transaction card fraud when he wilfully, knowingly, and with an intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, submits, verbally or in writing, to the issuer or any other person, any false notice or report of the theft, loss, disappearance, or nonreceipt of his financial transaction card. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(e) In any prosecution for violation of Section 16-14-60, the State is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this State or within one city, county, or local jurisdiction.
(f) For purposes of this section, revocation is construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card or personal identification code was issued. Notice of revocation is immediate when notice is given in person. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to the person at his last address known to the issuer, is prima facie evidence that the notice was duly received after seven days from the date of the deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice is presumed to have been received ten days after mailing by registered or certified mail.
(g) (1) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any employee of that person, who presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by that person or employee, violates this subsection and is guilty of a misdemeanor and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three years, or both.
(2) A person without the acquirer's express authorization, employs or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b)."
Possession of financial transaction card forgery devices
SECTION 95. Section 16-14-70 of the 1976 Code is amended to read:
"Section 16-14-70. (A) A person is guilty of criminal possession of financial transaction card forgery devices when:
(1) he is a person other than the cardholder and possesses two or more incomplete financial transaction cards, with intent to complete them without the consent of the issuer;
(2) he possesses, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.
(B) A financial transaction card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, encoded, or written upon it.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three years, or both."
Eavesdropping
SECTION 96. Section 16-17-470 of the 1976 Code is amended to read:
"Section 16-17-470. It is unlawful for a person to be an eavesdropper or a Peeping Tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a Peeping Tom. The term `Peeping Tom', as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both."
False claim for adoption and medical assistance
SECTION 97. Section 20-7-2660 of the 1976 Code, as added by Act 453 of 1990, is amended to read:
"Section 20-7-2660. A person who submits a claim for payment or reimbursement for services or benefits pursuant to this subarticle or makes a statement in connection with payment or reimbursement, which he knows or should know to be false, misleading, or fraudulent, is guilty of a misdemeanor. Upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both."
Penalties for violation of Farm Animal and Research Facilities Protection Act
SECTION 98. Section 47-21-80(A) of the 1976 Code, as added by an act of 1992 bearing ratification number 367, is amended to read:
"(A) A person violating Sections 47-21-30, 47-21-40, and 47-21-50 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than three years, or both."
Regulations on discharge of pollutants
SECTION 99. Section 48-43-550(f) of the 1976 Code is amended to read:
"(f) Requirements that, before being granted entry into any port in this State, the master of a vessel shall report:
(1) discharges of pollutants the vessel has had since leaving the last port;
(2) mechanical problems on the vessel which create the possibility of a discharge;
(3) denial of entry into a port during the current cruise of the vessel.
A person who makes or causes to be made a false statement with a fraudulent intent in response to requirements of any provision of this article is guilty of a misdemeanor and, upon conviction, must be imprisoned two years or fined five thousand dollars, or both."
Malicious injury to animals and personal property
SECTION 100. 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 a horse, mule, cattle, hog, sheep, goat, or any other kind, class, article, or description of personal property, or the goods and chattels of another.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the property is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the injury or loss of property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
Malicious injury to real property
SECTION 101. Section 16-11-520 of the 1976 Code is amended to read:
"Section 16-11-520. (A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure a tree, house, outside fence, or fixture of another or commit any other trespass upon real property of another.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount of injury or damage to the property is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of injury or damage to the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the amount of injury or damage to the property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."
Forgery
SECTION 102. Section 16-13-10 of the 1976 Code is amended to read:
"Section 16-13-10. (A) It is unlawful for a person to:
(1) falsely make, forge, or counterfeit; cause or procure to be falsely made, forged, or counterfeited; or wilfully act or assist in the false making, forging, or counterfeiting of any writing or instrument of writing;
(2) utter or publish as true any false, forged, or counterfeited writing or instrument of writing;
(3) falsely make, forge, counterfeit, alter, change, deface, or erase; or cause or procure to be falsely made, forged, counterfeited, altered, changed, defaced, or erased any record or plat of land; or
(4) willingly act or assist in any of the premises, with an intention to defraud any person.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount of the forgery is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of the forgery is more than two hundred dollars but less than one thousand dollars. If the forgery does not involve a dollar amount, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years.
(3) misdemeanor triable in magistrate's court if the amount of the forgery is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."
Petit larceny
SECTION 103. Section 16-13-30 of the 1976 Code is amended to read:
"Section 16-13-30. (A) Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed or of any fixture, part, or product of the soil severed from the soil by an unlawful act, or has a value of two hundred dollars or less, is petit larceny, a misdemeanor, triable in the magistrate's court. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(B) Larceny of goods, chattels, instruments, or other personalty valued in excess of two hundred dollars is grand larceny. Upon conviction, the person is guilty of a felony and must be fined in the discretion of the court or imprisoned not more than:
(1) five years if the value of the personalty is more than two hundred dollars and less than one thousand dollars.
(2) ten years if the value of the personalty is one thousand dollars or more."
Stealing of bonds
SECTION 104. Section 16-13-40 of the 1976 Code is amended to read:
"Section 16-13-40. It is unlawful for a person to steal or take by robbery a bond, warrant, bill, or promissory note for the payment or securing the payment of money belonging to another.
A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate's court if the instrument stolen or taken has a value of two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment of indictment by the grand jury.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the instrument stolen or taken is more than two hundred dollars but less than one thousand dollars.
(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the instrument stolen or taken has a value of one thousand dollars or more."
Stealing livestock
SECTION 105. Section 16-13-50 of the 1976 Code is amended to read:
"Section 16-13-50. A person convicted of the larceny of a horse, mule, cow, hog or any other livestock is guilty of a:
(1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than twenty-five hundred dollars, or both, if the value of the livestock is one thousand dollars or more.
(2) felony and, upon conviction, must be imprisoned not more than five years or fined not more than five hundred dollars, or both, if the value of the livestock is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the livestock is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
A motor vehicle or other chattel used by or found in possession of a person engaged in the commission of a crime under this section is subject to confiscation and must be confiscated and sold under the provisions of Section 27-21-10."
Stealing vessels
SECTION 106. Section 16-13-70 of the 1976 Code is amended to read:
"Section 16-13-70. (A) It is unlawful for a person to steal, take away, or let loose any boat, piragua, or canoe; or steal or take away any grappling, painter, rope, sail, or oar from any landing or place where the owner or person in whose service or employ the thing stolen, taken away, or let loose was last attached or laid, except boats or canoes let loose from another boat, canoe, or vessel.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the value of the property is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
In addition to the punishment specified in this section, the person must make good to the person injured all damages sustained and, if the matter be a trespass only, the person committing the offense shall make good to the person injured all damages that accrued."
Shoplifting
SECTION 107. Section 16-13-110 of the 1976 Code is amended to read:
"Section 16-13-110. (A) A person is guilty of shoplifting if he:
(1) takes possession of, carries away, transfers from one person to another or from one area of a store or other retail mercantile establishment to another area, or causes to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of the merchandise without paying the full retail value.
(2) alters, transfers, or removes any label, price tag marking, indicia of value, or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale in a store or other retail mercantile establishment and attempts to purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of the merchandise.
(3) transfers any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment from the container in which it is displayed to any other container with intent to deprive the merchant of the full retail value.
(B) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than six hundred dollars or imprisoned not more than thirty days, or both, if the value of the shoplifted merchandise is two hundred dollars or less.
(2) felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both, if the value of the shoplifted merchandise is more than two hundred dollars but less than one thousand dollars.
(3) felony and, upon conviction, must be imprisoned not more than ten years if the value of the shoplifted merchandise is one thousand dollars or more."
Receiving stolen property
SECTION 108. Section 16-13-180 of the 1976 Code, as last amended by Act 640 of 1988, is further amended to read:
"Section 16-13-180. It is unlawful for a person knowingly to buy or receive stolen goods, chattels, or other property. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate's court if the value of the property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(2) felony and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than five years if the value of the property is more than two hundred dollars but less than one thousand dollars.
(3) felony and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than ten years if the value of the property is one thousand dollars or more.
For the purposes of this section, the receipt of multiple items in a single transaction or event constitutes a single offense."
Embezzlement of public funds
SECTION 109. Section 16-13-210 of the 1976 Code is amended to read:
"Section 16-13-210. It is unlawful for an officer or other person charged with the safekeeping, transfer, and disbursement of public funds to embezzle these funds. A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of the embezzlement and imprisoned not more than ten years if the amount of the embezzled funds is one thousand dollars or more.
(2) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of embezzlement and imprisoned not more than five years if the amount of the embezzled funds is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the amount of the embezzled funds is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
The person convicted of a felony is disqualified from holding any office of honor or emolument in this State; but the General Assembly, by a two-thirds vote, may remove this disability upon payment in full of the principal and interest of the sum embezzled."
Breach of trust
SECTION 110. Section 16-13-230 of the 1976 Code is amended to read:
"Section 16-13-230. (A) A person committing a breach of trust with a fraudulent intention or a person who hires or counsels another person to commit a breach of trust with a fraudulent intention is guilty of larceny.
(B) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate's court if the amount is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount is more than two hundred dollars but less than one thousand dollars.
(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount is one thousand dollars or more."
Obtaining property by false pretenses
SECTION 111. Section 16-13-240 of the 1976 Code is amended to read:
"Section 16-13-240. A person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty of a:
(1) felony and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than ten years if the value of the property is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."
Obtaining property under false letters
SECTION 112. Section 16-13-260 of the 1976 Code is amended to read:
"Section 16-13-260. A person who falsely and deceitfully obtains or gets into his hands or possession any money, goods, chattels, jewels, or other things of another person by color and means of any false token or counterfeit letter made in another person's name is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the property is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
Failure to return rented objects
SECTION 113. Section 16-13-420 of the 1976 Code is amended to read:
"Section 16-13-420. (A) A person having any motor vehicle, trailer, appliance, equipment, or tool in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he:
(1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, or tool within seventy-two hours after the lease or rental agreement has expired;
(2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement.
The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
Failure to return rended videos or cassettes
SECTION 114. Section 16-13-425 of the 1976 Code, as added by Act 485 of 1988, is amended to read:
"Section 16-13-425. A person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of:
(1) petit larceny if the dollar amount of the video or cassette tape lease or rental agreement is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned as provided for petit larceny.
(2) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not less than five years if the dollar amount of the video or cassette tape lease or rental agreement is more than two hundred dollars but less than one thousand dollars.
(3) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the original dollar amount of the video or cassette tape lease or rental agreement is one thousand dollars or more."
Fraudulent acquisition or use of food stamps
SECTION 115. Section 16-13-430 of the 1976 Code is amended to read:
"Section 16-13-430. (A) It is unlawful for a person to:
(1) obtain, attempt to obtain, aid, abet, or assist any person to obtain, by means of a false statement or representation, false impersonation, fictitious transfer, conveyance, or other fraudulent device, food stamps or coupons to which an applicant is not entitled or a greater amount of food stamps or coupons than that which an applicant is justly entitled; or
(2) to acquire, possess, use, or transfer food stamps or coupons except as authorized by law and the rules and regulations of the United States Department of Agriculture relating to these matters.
(B) It is unlawful for a person to acquire or transfer food stamps or coupons except in exchange for food or food products for human consumption, which do not include alcoholic beverages, tobacco, beer, or wine.
(C) A person who violates the provisions of this section is guilty of a:
(1) felony if the amount of food stamps fraudulently acquired or used are of a value of one thousand dollars or more. Upon conviction, the person must be fined not more than five thousand dollars or imprisoned not more than ten years, or both.
(2) felony if the amount of food stamps is more than two hundred dollars but less than one thousand dollars. Upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than five years, or both.
(3) misdemeanor triable in magistrate's court if the amount of food stamps is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(D) A mercantile establishment which allows purchases of prohibited items in exchange for food stamps or coupons or currency of the United States must be disqualified from participation in the food stamp program for a period not to exceed two years and fined not more than five thousand dollars, or both."
Receiving stolen vehicles
SECTION 116. Section 16-21-80 of the 1976 Code is amended to read:
"Section 16-21-80. A person not entitled to the possession of a vehicle who receives, possesses, conceals, sells, or disposes of it, knowing it to be stolen or converted under circumstances constituting a crime, is guilty of a felony. Upon conviction, the person must be imprisoned not more than:
(1) five years if the value of the vehicle is less than one thousand dollars.
(2) ten years if the value of the vehicle is one thousand dollars or more."
Presenting false claims to insurer
SECTION 117. Section 38-55-170 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-55-170. A person who knowingly causes to be presented to an insurer transacting business in this State a false claim for payment, or who knowingly assists, solicits, or conspires with another to present a false claim for payment, is guilty of a:
(1) felony if the amount of the claim is one thousand dollars or more. Upon conviction, the person must be imprisoned not more than ten years or fined not more than five thousand dollars, or both.
(2) felony if the amount of the claim is more than two hundred dollars but less than one thousand dollars. Upon conviction, the person must be fined in the discretion of the court or imprisoned not more five years, or both.
(3) misdemeanor triable in magistrate's court if the amount of the claim is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
Stealing crops from field
SECTION 118. Section 46-1-20 of the 1976 Code is amended to read:
"Section 46-1-20. A person who steals from the field any grain, cotton, or vegetables, whether severed from the freehold or not, is guilty of a:
(1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five hundred dollars if the value of the crop is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the crop is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the crop is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
Stealing tobacco plants
SECTION 119. Section 46-1-40 of the 1976 Code is amended to read;
"Section 46-1-40. A person who steals tobacco plants, whether severed from the freehold or not, from any tobacco plant beds is guilty of a:
(1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five hundred dollars if the value of the tobacco plants is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the tobacco plants is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the tobacco plants is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
Taking produce without paying
SECTION 120. Section 46-1-60 of the 1976 Code is amended to read:
"Section 46-1-60. (A) It is unlawful for a person engaged in the business of buying cotton, corn, rice, or similar commodities, either on his own account or for others, to buy commodities from a planter, commission merchant, or any other person for cash and fail or refuse to pay for it and make away with or dispose of it before he has paid for it.
(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 sale amount of the commodities is one 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 sale amount of the commodities is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
Merchants failing to account for produce
SECTION 121. Section 46-1-70 of the 1976 Code is amended to read:
"Section 46-1-70. (A) It is unlawful for a factor or commission merchant to receive from a planter cotton, rice, or other agricultural produce for sale and:
(1) sell the produce and fail to pay over the net proceeds to the planter on demand;
(2) apply the produce to his own use and benefit; or
(3) fail to account for the produce in a satisfactory manner if unsold.
(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 sale amount of the commodities is one 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 sale amount of the commodities is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
Sale of drifted lumber
SECTION 122. Section 49-1-50 of the 1976 Code, as last amended by Act 190 of 1989, is further amended to read:
"Section 49-1-50. (A) No person may sell any drifted lumber or timber, not the property of the person, without first advertising the sale of it at public auction at least three times and at least three days before the date of the sale in the newspaper having the greatest circulation in the county in which the drifted lumber or timber is found and taken, giving an accurate description of any and all marks by which the lumber or timber may be identified.
(B) It is unlawful for a person to:
(1) sell any drifted lumber or timber without having first advertised the sale;
(2) fail to pay the proceeds of the sale to the owner on application, after deducting the expenses; or
(3) advertise a sale and then refuse to deliver any drifted lumber or timber claimed by the rightful owner, before the date of the sale after the owner has offered to pay reasonable salvage expenses.
(C) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the lumber or timber is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of lumber or timber is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the lumber or timber is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(D) A person who purchases drifted lumber or timber that has not been advertised as provided may be indicted as a receiver of stolen goods and must be fined or imprisoned as provided in Section 16-13-180."
Groundless ethics complaints
SECTION 123. Section 2-17-140 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 2-17-140. If an alleged violation is found to be groundless by the Secretary of State, the entire matter must be stricken from public record. If the Secretary of State finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint by a person with the Secretary of State is a misdemeanor, and the person filing a complaint, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this section, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice."
Disbursement of county funds
SECTION 124. Section 4-11-130 of the 1976 Code is amended to read:
"Section 4-11-130. It is unlawful for an officer, clerk, or other person charged with disbursements of county funds appropriated by the General Assembly to exceed the amounts and purposes stated in the appropriation or to change or shift appropriations from one item to another. Transfers may be authorized by the General Assembly in any county appropriation act. An officer, clerk, or other person violating the provisions of this section is guilty of malfeasance in office, and the Governor may suspend the officer and shall investigate his conduct. Upon conviction, the person is guilty of a misdemeanor and must be fined in the discretion of the court or imprisoned not more than three years."
Wilful injury to courthouse or jail
SECTION 125. Section 4-17-70 of the 1976 Code is amended to read:
"Section 4-17-70. It is unlawful for a person to wilfully injure or destroy any part of a courthouse or jail in this State or its interior.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Municipal officers prohibited from contracting with municipality
SECTION 126. Section 5-21-30 of the 1976 Code is amended to read:
"Section 5-21-30. (A) It is unlawful for a municipal officer to take a contract to perform work or furnish material for the municipal corporation of which he is an officer or receive compensation on any contract except that:
(1) in cities of over thirty thousand inhabitants such contracts may be allowed by the unanimous vote of the city council upon each specific contract, the vote to be taken by yeas and nays and entered upon the council's journal; and
(2) a municipal officer may enter into a contract whenever the contract is awarded to him as low bidder after a public call for bids and the contract is allowed by the unanimous vote of the city or town council upon each particular contract, the vote to be taken by yeas and nays and entered upon the council's minutes.
(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Municipal officers account for funds
SECTION 127. Section 5-21-40 of the 1976 Code is amended to read:
"Section 5-21-40. A municipal officer depositing funds at interest in a bank or other depository shall account to the municipality for all interest collected on the deposits. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Enforcement of zoning ordinance
SECTION 128. Section 6-7-800 of the 1976 Code is amended to read:
"Section 6-7-800. The governing authorities of municipalities or counties may provide for the enforcement of an ordinance or resolution adopted pursuant to the provisions of this chapter by withholding permits. The governing authority may establish and fill the position of building official or other administrative officer. Once the position has been established and filled pursuant to the provisions of this chapter, it is unlawful to construct, reconstruct, alter, change the use of, or occupy any land, building, or other structure without first obtaining the appropriate permit from the building official. The building official shall not issue a permit unless the requirements of this chapter and of any ordinance or resolution adopted pursuant to it have been met. A person who violates an ordinance or resolution adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
In case a building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or a building, structure, or land is or is proposed to be used in violation of an ordinance or resolution adopted pursuant to this chapter, the building official or other appropriate administrative officer, municipal or county attorney, or other appropriate authority of the municipality or county, or an adjacent or neighboring property owner who would be specially damaged by the violation, may in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate the violation; or to prevent the occupancy of the building, structure, or land. Each day the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues it is considered a separate offense."
Transferring lots in unapproved subdivisions
SECTION 129. Section 6-7-1080 of the 1976 Code is amended to read:
"Section 6-7-1080. It is unlawful for an owner of any land to be subdivided within the municipality or county or his agent to transfer, sell, agree to sell, or negotiate the sale of land by reference to, exhibition of, or by other use of a plat of subdivision of such land before the plat has been approved by the planning commission and recorded in the office of the clerk of the court.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. The description of metes and bounds in the instrument of transfer or other document used in the process of selling or transfer does not exempt the transaction from these penalties. The municipality or county may enjoin the transfer, sale, or agreement by appropriate action."
Changing street names
SECTION 130. Section 6-7-1110 of the 1976 Code is amended to read:
"Section 6-7-1110. A local planning commission created under the provisions of this chapter shall approve by proper certificate and authorize the name of a street or road laid out after July 3, 1967 within its jurisdiction.
The commission, after reasonable notice through a newspaper having general circulation within its jurisdiction, may recommend to the appropriate governing authority a change in the name of a street or road within the boundary of its territorial jurisdiction if:
(1) there is duplication of names or other conditions which tend to confuse the traveling public or the delivery of mail, orders, or messages;
(2) it is found that a change may simplify marking or giving of directions to persons seeking to locate addresses; or
(3) just reason appears to the commission.
After reasonable opportunity for a public hearing, if the governing authority decides to change the name, it shall issue a certificate designating the change, which must be recorded in the office of the register of mesne conveyances or clerk of court. The name as changed and certified becomes the legal name of the street or road.
It is unlawful for a person in laying out a new street or road to name it on a plat by any marking, or in a deed or instrument without first getting the approval of the planning commission. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined in the discretion of the court."
False statements on election registration
SECTION 131. Section 7-25-10 of the 1976 Code is amended to read:
"Section 7-25-10. It is unlawful for a person to falsely swear in making an application for registration under this chapter. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Fraudulent registration or voting
SECTION 132. Section 7-25-20 of the 1976 Code is amended to read:
"Section 7-25-20. It is unlawful for a person to fraudulently:
(1) procure the registration of a name on the books of registration;
(2) offer or attempt to vote that name;
(3) offer or attempt to vote in violation of this title or under any false pretense as to circumstances affecting his qualifications to vote; or
(4) aid, counsel, or abet another in fraudulent registration or fraudulent offer or attempt to vote.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than one year, or both."
Procuring votes by bribery
SECTION 133. Section 7-25-60 of the 1976 Code is amended to read:
"Section 7-25-60. (A) It is unlawful for a person at any election to:
(1) procure, or offer or propose to procure, another, by the payment, delivery, or promise of money or other article of value, to vote for or against any particular candidate or measure; or
(2) vote, offer, or propose to vote for or against any particular candidate or measure for the consideration of money or other article of value paid, delivered, or promised, vote or offer or propose to vote for or against any particular candidate or measure.
(B) A person who violates the provisions of this section is guilty of a misdemeanor. Upon conviction, the person must be fined in the discretion of the court and imprisoned not more than three years."
Procuring votes by threats
SECTION 134. Section 7-25-70 of the 1976 Code is amended to read:
"Section 7-25-70. It is unlawful for a person, by threats or any other form of intimidation, to procure, offer, or promise to endeavor to procure another to vote for or against any particular candidate in any election. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than three years, or both."
Removing ballots, improper assistance
SECTION 135. Section 7-25-100 of the 1976 Code is amended to read:
"Section 7-25-100. (A) It is unlawful in any election for a voter to:
(1) allow his ballot to be seen by a person, except as provided by law;
(2) take, remove, or attempt to take or remove a ballot from the polling place before the close of the polls;
(3) place a mark upon his ballot by which it may be identified;
(4) take into the election booth a mechanical device to enable him to mark his ballot; or
(5) remain longer than the specified time allowed by law in the booth or compartment after having been notified that his time has expired and requested by a manager to leave the compartment or booth.
(B) It is unlawful for a person to:
(1) interfere with a voter who is inside of the polling place or is marking his ballot;
(2) unduly influence or attempt to influence unduly a voter in the preparation of his ballot;
(3) endeavor to induce a voter to show how he marks or has marked his ballot; or
(4) aid or attempt to aid a voter by means of any mechanical device in marking his ballot.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than one year."
Voting more than once at elections
SECTION 136. Section 7-25-110 of the 1976 Code is amended to read:
"Section 7-25-110. It is unlawful for a person qualified to vote at any general, special, or primary election for an office whether local, state, or federal to vote more than once at such election, for the same office. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Impersonating a voter
SECTION 137. Section 7-25-120 of the 1976 Code is amended to read:
"Section 7-25-120. It is unlawful for a person to impersonate or attempt to impersonate another person for the purpose of voting in a general, special, or primary election, whether municipal or State. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not less than three hundred dollars nor more than twelve hundred dollars, or both. When a person who violates the provisions of this section is placed under bond, the bond may not be less than six hundred dollars nor more than twelve hundred dollars."
Corrupt conduct by poll managers
SECTION 138. Section 7-25-160 of the 1976 Code is amended to read:
"Section 7-25-160. A manager at any general, special, or primary election in this State who wilfully violates any of the duties devolved by law upon such position is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years. A manager who commits fraud or corruption in the management of such election is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both."
Corrupt conduct by other election officers
SECTION 139. Section 7-25-170 of the 1976 Code is amended to read:
"Section 7-25-170. An officer, other than a manager at any election, on whom a duty is imposed by this title, except under Section 7-13-1170, Articles 1 and 3 of Chapter 17 and Chapters 19 and 23 of this title, who wilfully neglects such duty or engages in corrupt conduct in executing it is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years."
Allowing false claims by witnesses or jurors
SECTION 140. Section 8-1-30 of the 1976 Code is amended to read:
"Section 8-1-30. It is unlawful for an officer, whose duty it is to certify to the mileage of any juror, witness, or other person required to attend court or to travel to perform any legal duty, to knowingly allow a claim for mileage other than prescribed by law.
A person who violates the provisions of this section is guilty of a misdemeanor. Upon conviction, the officer must be fined in the discretion of the court or imprisoned not more than one year, or both. The officer is liable in a civil action to pay to the county a penalty equal to ten times the amount which the county may lose by reason of the excess payment for mileage."
Delivery of books and papers to successor in office
SECTION 141. Section 8-9-10 of the 1976 Code is amended to read:
"Section 8-9-10. A person removed from office or whose elected or appointed term expires shall deliver on demand to his successor all the books and papers in his custody as officer or in any way appertaining to his office. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."
Payment or receipt of salary not due
SECTION 142. Section 8-11-30 of the 1976 Code is amended to read:
"Section 8-11-30. (A) It is unlawful for a person:
(1) to receive a salary from the State or any of its departments which is not due; or
(2) employed by the State to issue vouchers, checks, or otherwise pay salaries or monies that are not due to state employees, except that monies due to employees of the State or any department of the State earned during the month of December may be paid either just before or just after Christmas.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both."
Duties of Ethics Commission on groundless complaints
SECTION 143. Section 8-13-320(9)(c) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(c) If an alleged violation is found to be groundless by the commission, the entire matter must be stricken from public record. If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this item, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice."
Release of confidential information in ethics investigation
SECTION 144. Section 8-13-320(10)(g) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(g) All investigations, inquiries, hearings, and accompanying documents must remain confidential until final disposition of a matter unless the respondent waives the right to confidentiality. The wilful release of confidential information is a misdemeanor, and any person releasing such confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year."
Investigation of groundless ethics complaints
SECTION 145. Section 8-13-540(1) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(1) When a complaint is filed with or by the ethics committee, a copy must promptly be sent to the person alleged to have committed the violation. If the ethics committee determines the complaint does not allege facts sufficient to constitute a violation, the complaint must be dismissed and the complainant and respondent notified. If the ethics committee finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to appropriate law enforcement authorities. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this subsection, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice. If the ethics committee determines the complaint alleges facts sufficient to constitute a violation, it shall promptly investigate the alleged violation and may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers.
If after such preliminary investigation, the ethics committee finds that probable cause exists to support an alleged violation, it shall, as appropriate:
(a) render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time; or
(b) convene a formal hearing on the matter within thirty days of the respondent's failure to comply with the advisory opinion. All ethics committee investigations and records relating to the preliminary investigation are confidential. No complaint shall be accepted which is filed later than four years after the alleged violation occurred."
Failure to make payroll reports and remittances
SECTION 146. Section 9-1-1160 of the 1976 Code is amended to read:
"Section 9-1-1160. (A) The collection of members' contributions must be as follows:
Each employer shall deduct on each payroll of a member the contributions payable by the member as provided in this section. The chief fiscal officer of the employer shall draw his warrant for the amount to be deducted, payable to the Retirement System, on a monthly basis, and shall transmit the warrant together with a schedule of the contributions on forms prescribed by the board, which is due in the office of the Retirement System no later than the last day of the month following the close of each month for the preceding month. If any employer fails to do so or arrears exist at any time in making monthly remittances required by this section and by regulations of the board, the monthly compensation of any person or officer of any employer charged with the responsibility of making monthly payroll reports and remittances to the system must be withheld by the employer until all required reports and remittances have been made. The system shall furnish monthly to the disbursing officers of each employer a statement of any failure to make payroll reports and remittances and the names of the persons or officers failing to make the reports and remittances.
A person failing to transmit the contributions deducted in the manner required in this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(B) Each department and political subdivision shall pick up the employee contributions required by this section for all compensation paid on or after July 1, 1982, and the contributions picked up must be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code. Each department and political subdivision shall continue to withhold federal income taxes based upon these contributions until the Internal Revenue Service, or the federal courts, rule, pursuant to Section 414(h) of the United States Internal Revenue Code, that these contributions are not included as gross income of the employee until such time as they are distributed or made available. The department and political subdivision shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee. The department and political subdivision may pick up these contributions by a reduction in the cash salary of the employee. Employee contributions picked up must be treated for all purposes of this section in the same manner and to the extent as employee contributions made before the date picked up."
Penalties for offense on capitol grounds and building
SECTION 147. Section 10-11-360 of the 1976 Code is amended to read:
"Section 10-11-360. A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both."
Interest on deposits of public funds
SECTION 148. Section 11-1-20 of the 1976 Code is amended to read:
"Section 11-1-20. All state, county, and municipal officers depositing funds that accrue interest in a bank or other depository shall account to the respective governing body for all interest collected upon these deposits.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Diverting public funds
SECTION 149. Section 11-1-40 of the 1976 Code is amended to read:
"Section 11-1-40. (A) It is unlawful for an authorized public officer to enter into a contract for a purpose in which the sum is in excess of the tax levied or the amount appropriated for that purpose.
(B) It is unlawful for an authorized public officer to divert or appropriate the funds arising from any tax levied and collected for any one fiscal year to the payment of an indebtedness contracted or incurred for a previous year.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars and not less than five hundred dollars or imprisoned not more than three years, or both."
Disbursement of state funds
SECTION 150. Section 11-9-20 of the 1976 Code is amended to read:
"Section 11-9-20. (A) It is unlawful for an officer, clerk, or other person charged with disbursements of state funds appropriated by the General Assembly to exceed the amounts and purposes stated in the appropriations, or to change or shift appropriations from one item to another. Transfers may be authorized by the General Assembly in the annual appropriation act for the State.
(B) An officer, clerk, or other person who violates the provisions of this section is guilty of malfeasance in office. The Governor may suspend immediately the officer and shall investigate the conduct of the person.
(C) If after the investigation the person is found guilty, the Governor shall suspend him from office. In addition to the suspension, the officer is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Unlawful conduct by county fiscal officers
SECTION 151. Section 12-2-70 of the 1976 Code, as added by Act 50 of 1991, is amended to read:
"Section 12-2-70. (A) It is unlawful for a person, contrary to the statutes of this State regulating the appointment of the county auditor and county treasurer, to:
(1) accept, hold, or exercise, or attempt to hold or exercise the office of county auditor or treasurer; or
(2) fail to turn over all books, papers, and property when application is made to him by his successor pertaining to either office.
(B) It is unlawful for a county treasurer, county auditor, or member of a county board of equalization to neglect, refuse, or evade the performance of the duties regulating the assessment and collection of taxes imposed upon him by law.
(C) It is unlawful for a county auditor to neglect or refuse to comply with the requirements of the law in the making up of his duplicate or fail to file with the Comptroller General the abstracts, vouchers, and settlement sheets within the time required by law.
(D) It is unlawful for a county treasurer, after being notified of his removal or suspension from office, to fail to settle with the county auditor and the Comptroller General and pay over all state and county monies in his hands to the officers entitled by law to receive them, within ten days after being notified;
(E) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or by both."
Penalties for use of altered tickets
SECTION 152. Section 12-21-2540 of the 1976 Code is amended to read:
"Section 12-21-2540. (A) It is unlawful for a person to:
(1) alter, restore, or otherwise prepare in any manner an admission ticket with intent to use or cause it to be used after it has already been used;
(2) knowingly or wilfully buy, sell, offer for sale, or give away a restored or altered ticket to a person;
(3) knowingly use a restored or altered ticket or have in his possession an altered or restored ticket, which has been previously used for the purpose for which it was originally intended; or
(4) prepare, buy, sell, offer for sale or have in his possession a counterfeit ticket.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years or both."
Use of counterfeit coin to operate vending machine
SECTION 153. Section 12-21-2714 of the 1976 Code is amended to read:
"Section 12-21-2714. (A) It is unlawful for a person to operate, cause to operate, or attempt to operate an automatic vending machine, slot machine, coin-box telephone, or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service by means of a slug or any false, counterfeited, mutilated, sweated, or foreign coin, or by any means not lawfully authorized by the owner, lessee, or licensee of the receptacle.
(B) It is unlawful for a person to take, obtain, or receive from or in connection with any receptacle designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service any goods, wares, merchandise, gas, electric current, or other article of value or the use or enjoyment of any telephone or telegraph facilities, or service, or of any musical instrument, phonograph, or other property, without depositing in and surrendering to the receptacle lawful coin of the United States of America in the amount required by the owner, lessee, or licensee of the receptacle.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years."
Penalties for improper use of tax stamps
SECTION 154. Section 12-21-3070 of the 1976 Code is amended to read:
"Section 12-21-3070. (A) It is unlawful for a person to:
(1) fraudulently cut, tear, or remove from any vellum, parchment, paper, instrument, or writing upon which a tax is imposed by this chapter any adhesive stamp used pursuant to this chapter;
(2) fraudulently use, join, fix, or place to, with, or upon any vellum, parchment, paper, instrument, or writing upon which a tax is imposed by this chapter any:
(a) adhesive stamp which has been cut, torn, or removed from any other vellum, parchment, paper, instrument, or writing upon which a tax is imposed by this chapter;
(b) adhesive stamp of insufficient value; or
(c) forged or counterfeited stamp;
(3) wilfully remove or alter the cancellation or defacing marks of, or prepare, any adhesive stamp, with intent to use or cause it to be used, after it has already been used, or knowingly or wilfully buy, sell, offer for sale, or give away a washed or restored stamp to a person for use;
(4) have in his possession a washed, restored, or altered stamp which has been removed from any vellum, parchment, paper, instrument, or writing, or from the articles to which it had previously been affixed;
(5) buy, sell, offer for sale or have in his possession or knowingly or wilfully prepare a counterfeit stamp; or
(6) reuse a stamp which previously has been used for the purpose of indicating the payment of a tax imposed by this chapter.
(B) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than two years, or both. (C) It is unlawful for a person, officer, or employee of a corporation, or a member or employee of a partnership, with intent to evade a lawful requirement of this chapter or a lawful requirement of the commission under the provisions of this chapter to:
(1) fail to pay a tax, make a report, or submit required information by the provisions of this chapter; or
(2) make a false or fraudulent statement or report, or supply false or fraudulent information.
(D) A person who violates the provisions of subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than two years, or both."
Fraudulent preparation of tax return
SECTION 155. Section 12-54-40(b)(6)(f)(2) of the 1976 Code is amended to read:
"(2) Wilfully assists in, or procures, counsels, or advises the preparation or presentation under, or in connection with any matter arising under those provisions of law administered by the commission of a return, affidavit, claim, or other document, which is fraudulent, or is false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim, or document is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years, or both, together with the cost of prosecution."
Manslaughter
SECTION 156. Section 16-3-50 of the 1976 Code is amended to read:
"Section 16-3-50. A person convicted of manslaughter, or the unlawful killing of another without malice, express or implied, must be imprisoned not more than thirty years or less than two years."
Involuntary manslaughter
SECTION 157. Section 16-3-60 of the 1976 Code is amended to read:
"Section 16-3-60. With regard to the crime of involuntary manslaughter, criminal negligence is defined as the reckless disregard of the safety of others. A person charged with the crime of involuntary manslaughter may be convicted only upon a showing of criminal negligence as defined in this section. A person convicted of involuntary manslaughter must be imprisoned not more than five years."
Administering poison
SECTION 158. Section 16-3-70 of the 1976 Code is amended to read:
"Section 16-3-70. (A) It is unlawful for a person to:
(1) maliciously administer to, attempt to administer to, aid or assist in administering to, or cause to be taken by, another person a poison or other destructive thing, with intent to kill that person; or
(2) counsel, aid, or abet a person under item (1) of this subsection.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
Tampering with food or drug product
SECTION 159. Section 16-3-75 of the 1976 Code is amended to read:
"Section 16-3-75. It is unlawful for a person to maliciously tamper with a human drug product or food item with the intent to do bodily harm to a person.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
Kidnapping
SECTION 160. Section 16-3-910 of the 1976 Code, as last amended by Act 117 of 1991, is further amended to read:
"Section 16-3-910. It is unlawful for a person to seize, confine, inveigle, decoy, kidnap, abduct, or carry away another person without authority of law, except when a minor is seized or taken by his parent.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years, unless sentenced for murder as provided in Section 16-3-20."
Execution of warrants
SECTION 161. Section 16-5-40 of the 1976 Code is amended to read:
"Section 16-5-40. All sheriffs, constables, and other officers specially empowered shall obey and execute all warrants and other processes issued under the provisions of Sections 16-5-10, 16-5-20, or 16-5-50 and directed to them. If a sheriff, constable, or other officer specially empowered refuses to receive a warrant or other process when tendered to him or neglects or refuses to execute the same, he is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned not more than three years. Fines collected are for use of citizens deprived of the rights secured by the provisions of this chapter.
Warrants and other processes run with and are executed by officers anywhere within the circuit or county in which they are issued."
Instigating or participating in riot
SECTION 162. Section 16-5-130 of the 1976 Code is amended to read:
"Section 16-5-130. A person who is convicted of riot, or of participating in a riot, either by being personally present, or by instigating, promoting, or aiding the same, is guilty of a:
(1) felony and must be imprisoned not more than five years or fined not more than one thousand dollars, or both, if the purpose of the assembly, or of the acts done or threatened or intended by the persons engaged, is to resist the enforcement of a statute of this State, or of the United States, or to obstruct any public officer of this State, or of the United States, in serving or executing any process or other mandate of a court of competent jurisdiction, or in the performance of any other duty; or if the offender carries, at the time of the riot, firearms, or any other dangerous weapon, or is disguised.
(2) misdemeanor and must be imprisoned not more than two years or fined not more than five hundred dollars, or both if the offender directs, advises, encourages, or solicits other persons, present or participating in the riot or assembly, to acts of force or violence.
(3) misdemeanor and must be imprisoned not more than two years or fined not more than two hundred and fifty dollars, or both, in any case, not embraced within the foregoing subdivisions of this section.
This section must not be construed to prevent the peaceable assembling of persons for lawful purposes of protest or petition."
Entering public building to destroy records
SECTION 163. Section 16-7-170 of the 1976 Code is amended to read:
"Section 16-7-170. Any person who enters into any private or public school, college or university building, or a public building, for the purpose of destroying records or other property, or destroys or damages records or other property, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years."
False swearing
SECTION 164. Section 16-9-30 of the 1976 Code is amended to read:
"Section 16-9-30. It is unlawful for a person to wilfully and knowingly swear falsely in taking any oath required by law that is administered by a person directed or permitted by law to administer such oath.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both."
Aiding escapees
SECTION 165. Section 16-9-410 of the 1976 Code is amended to read:
"Section 16-9-410. (A) It is unlawful for a person to:
(1) convey into a jail, correctional facility, or other like place of confinement any disguise, instrument, tool, weapon, or other thing adapted or useful to aid a prisoner in making his escape, with intent to facilitate the escape of a prisoner lawfully committed or detained; or
(2) aid or assist a prisoner by any means in his endeavor to escape, whether the escape is effected or attempted or not.
(B) It is unlawful for a person to forcibly rescue a prisoner held in custody.
(C) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be imprisoned not more than ten years.
(2) misdemeanor and, upon conviction, must be imprisoned not more than two years or fined not more than five hundred dollars if the person whose escape or rescue was effected or intended was charged with a noncapital offense."
Possession of master keys
SECTION 166. Section 16-11-30 of the 1976 Code is amended to read:
"Section 16-11-30. (A) As used in this section:
(1) `Master key' means a key which unlocks more than one locking device.
(2) `Nonowner key sets' means a set of keys designed to open locking devices in a group of products, machines, or vehicles of a particular manufacturer, which differ in configuration from the keys issued by the manufacturer at the time of sale for the locking devices.
(B) A person who has in his possession, actual or constructive, while engaged in the commission of a crime against the person or property of another, a master key or nonowner key set as defined in subsection (A), or if a master key is used in the commission of any such offense against the laws of this State, he is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years."
Attempts to burn
SECTION 167. Section 16-11-190 of the 1976 Code is amended to read:
"Section 16-11-190. It is unlawful for a person to wilfully and maliciously attempt to set fire to, burn, or aid, counsel, or procure the burning of any of the buildings or property mentioned in Sections 16-11-110 to 16-11-140 or commit an act in furtherance of burning these buildings.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars."
Armed robbery
SECTION 168. Section 16-11-330 of the 1976 Code is amended to read:
"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon must be imprisoned not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon must be imprisoned not more than twenty years."
Bank robbery
SECTION 169. Section 16-11-380 of the 1976 Code is amended to read:
"Section 16-11-380. It is unlawful for a person to enter a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal money or securities for money, either by force, intimidation, or threats.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years."
Safecracking
SECTION 170. Section 16-11-390 of the 1976 Code is amended to read:
"Section 16-11-390. It is unlawful for a person to use explosives, tools, or any other implement in or about a safe used for keeping money or other valuables with intent to commit larceny or any other crime.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years."
Burning unfinished building
SECTION 171. Section 16-11-560 of the 1976 Code is amended to read:
"Section 16-11-560. It is unlawful for a person to maliciously, unlawfully, and wilfully burn or cause to be burned, cut or cause to be cut, or destroyed any untenanted or unfinished house or building or any frame of timber of another person made and prepared for or towards the making of a house, so that the house is not suitable for the purposes for which it was prepared.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Destruction of building by tenants
SECTION 172. Section 16-11-570 of the 1976 Code is amended to read:
"Section 16-11-570. It is unlawful for a tenant to wilfully and maliciously cut, deface, mutilate, burn, destroy, or otherwise injure a dwelling house, outhouse, erection, building, or crops in his possession.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Purse snatching
SECTION 173. Section 16-13-150 of the 1976 Code is amended to read:
"Section 16-13-150. It is unlawful for a person to snatch suddenly and carry away from another a purse or other thing of value with intent to deprive the owner or person lawfully in possession of the article in circumstances not constituting grand larceny or robbery.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years."
Tampering with utility meters
SECTION 174. Section 16-13-385 of the 1976 Code is amended to read:
"Section 16-13-385. (A) It is unlawful for a person to alter, tamper with, or bypass a meter which has been installed for the purpose of measuring the use of electricity, gas, or water.
A meter found in a condition which would cause electricity, gas, or water to be diverted from the recording apparatus of the meter or to cause the meter to inaccurately measure the use of electricity, gas, or water or the attachment to a meter or distribution wire of any device, mechanism, or wire which would permit the use of unmetered electricity, gas, or water or would cause a meter to inaccurately measure the use is prima facie evidence that the person in whose name the meter was installed or the person for whose benefit electricity, gas, or water was diverted caused the electricity, gas, or water to be diverted from going through the meter or the meter to inaccurately measure the use of the electricity, gas, or water.
(B) A person who violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days. For a second or subsequent offense the person is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both."
Receiving goods and services fraudulently obtained
SECTION 175. Section 16-14-80 of the 1976 Code is amended to read:
"Section 16-14-80. (A) It is unlawful for a person to receive money, goods, and services, or anything else of value fraudulently obtained in violation of Section 16-14-60(a) and with the knowledge or belief that the same were obtained in violation of Section 16-14-60(a).
(B) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be sentenced pursuant to Section 16-14-100(a) if the value of the money, goods, services, and anything else of value, is five hundred dollars or less in any six-month period.
(2) felony and, upon conviction, must be sentenced pursuant to Section 16-14-100(b) if the value of the money, goods, services, or anything of value is more than five hundred dollars in any six-month period."
Penalties for financial transaction card crimes
SECTION 176. Section 16-14-100 of the 1976 Code is amended to read:
"Section 16-14-100. (a) A crime punishable under this subsection is a misdemeanor and, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(b) A crime punishable under this subsection is a felony and, upon conviction, the person must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than five years, or both."
Indecent exposure
SECTION 177. Section 16-15-130 of the 1976 Code is amended to read:
"Section 16-15-130. It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Communicating obscene messages
SECTION 178. Section 16-15-250 of the 1976 Code is amended to read:
"Section 16-15-250. It is unlawful for a person to anonymously write, print, or by other manner or means, except by telephone, communicate, send, or deliver to another person within this State, any obscene, profane, indecent, vulgar, suggestive, or immoral message.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Second degree sexual exploitation of a minor
SECTION 179. Section 16-15-405(D) of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than five years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence."
Prostitution of a minor
SECTION 180. Section 16-15-425(C) of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than five years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum term. Sentences imposed pursuant to this section shall run consecutively with and shall commence at the expiration of any other sentence being served by the individual sentenced."
Penalties under Computer Crime Act
SECTION 181. Section 16-16-20 of the 1976 Code is amended to read:
"Section 16-16-20. (1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to do any of the following:
(a) directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:
(i) devising or executing any scheme or artifice to defraud;
(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
(2) A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim exceeds twenty-five thousand dollars. Computer crime in the first degree is a felony and, upon conviction, a person must be fined not more than one hundred twenty-five thousand dollars or imprisoned not more than ten years, or both.
(3) (a) A person is guilty of computer crime in the second degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is greater than one thousand dollars but not more than twenty-five thousand dollars.
(b) A person is also guilty of computer crime in the second degree where:
(i) he interferes with, causes to be interfered with, denies or causes to be denied any computer service to an authorized user of the computer service for the purpose of devising or executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;
(ii) he deprives the owner of possession of, or takes, transfers, conceals, or retains possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or
(iii) the gain derived from the offense made unlawful by subsection (1) or loss suffered by the victim cannot reasonably be ascertained.
(c) Computer crime in the second degree is a misdemeanor and, upon conviction, for a first offense, a person must be fined not more than fifty thousand dollars or imprisoned not more than three years, or both. Upon conviction for a second or subsequent offense, a person is guilty of a felony and must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(4) A person is guilty of computer crime in the third degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is not more than one thousand dollars. A person is also guilty of computer crime in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction, for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two thousand dollars or imprisoned not more than two years, or both."
Enticing enrolled child from attending school
SECTION 182. Section 16-17-510 of the 1976 Code is amended to read:
"Section 16-17-510. It is unlawful for a person to encourage, entice, or conspire to encourage or entice a child enrolled in the public elementary or secondary schools of this State from attendance in such public school or school program or transport or provide transportation in aid to encourage or entice a child from attendance in public school or school program.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both."
Assault on account of political opinion
SECTION 183. Section 16-17-560 of the 1976 Code is amended to read:
"Section 16-17-560. It is unlawful for a person to assault or intimidate a citizen, discharge a citizen from employment or occupation, or eject a citizen from a rented house, land, or other property because of political opinions or the exercise of political rights and privileges guaranteed to every citizen by the Constitution and laws of the United States or by the Constitution and laws of this State.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both."
Tattooing
SECTION 184. Section 16-17-700 of the 1976 Code is amended to read:
"Section 16-17-700. It is unlawful for a person to tattoo any part of the body of another person. It is not unlawful for a licensed physician or surgeon to tattoo part of a patient's body if in his medical opinion it is necessary when performing cosmetic or reconstructive surgery.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."
Use of vehicle without permission
SECTION 185. Section 16-21-60 of the 1976 Code is amended to read:
"Section 16-21-60. (A) It is unlawful for a person not entitled to possession of a vehicle to take, use, or drive a vehicle, without the consent of the owner and with intent to deprive him, temporarily or otherwise, of the vehicle or its possession.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.
(B) But if the deprivation of the owner was for a temporary purpose only, unconnected with the commission of or intent to commit a crime other than the taking of the vehicle, the person is guilty a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."
Penalties for pistol offenses
SECTION 186. Section 16-23-50 of the 1976 Code, as last amended by Act 457 of 1988, is further amended to read:
"Section 16-23-50. (A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) When a violation occurs within a municipality, the fines collected must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines must be delivered to the county treasurer.
(C) In addition to the penalty provided in this section, the pistol involved in the violation of this article must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency for their lawful use, transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500, or trade them with a retail dealer licensed to sell pistols in this State for a pistol or any other equipment approved by the agency. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."
Additional penalty for carrying firearm on premises, selling alcoholic liquors for on-premises consumption
SECTION 187. Section 16-23-465 of the 1976 Code is amended to read:
"Section 16-23-465. In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of unlawfully carrying a pistol or firearm onto the premises of a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."
Illegal possession of tear gas
SECTION 188. Section 16-23-470 of the 1976 Code is amended to read:
"Section 16-23-470. (A) It is unlawful for anyone except an authorized law enforcement officer to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or any ammunition, shells, or equipment that may be used in a tear-gas gun or machine. It is lawful for a person for self-defense purposes only to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or ammunition, shells, or equipment for a tear-gas machine or gun, but the capacity of a tear-gas cartridge, shell, or container shall not exceed fifty cubic centimeters nor shall a tear-gas machine or gun have the capability of shooting a cartridge, shell, or container of more than fifty cubic centimeters.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.
(C) Except as permitted above, nothing in this section prohibits the purchase, sale, transportation, or use of tear gas for the destruction of insects or rodents if tear gas is not in containers or shells suitable for use in a tear-gas gun, equipment, or machine and if the purchaser has written authority for the purchase and use of tear gas from the county agent of the county in which he resides."
Burying a body without notice or inquiry
SECTION 189. Section 17-7-510 of the 1976 Code is amended to read:
"Section 17-7-510. It is unlawful for a person to bury or cause to be buried the dead body of a person supposed to have come to a violent death before notice to the coroner to examine the body and before inquiry is made into the manner and circumstances of the death.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years. The coroner shall bind him in recognizance, with sufficient surety, to appear and stand his trial."
Failure of prosecutor or witness to appear
SECTION 190. Section 17-15-150 of the 1976 Code is amended to read:
"Section 17-15-150. A prosecutor or witness failing to appear under recognizance is guilty of a misdemeanor. The Attorney General and solicitor may order warrants to issue against an offender without affidavit or bond to prosecute. Upon conviction, the person must be imprisoned not more than three years."
Crimes committed in magistrate's presence
SECTION 191. Section 22-5-120 of the 1976 Code is amended to read:
"Section 22-5-120. A magistrate shall arrest and commit, if necessary, a person who, in his presence, perpetrates a crime. In making the arrest, the magistrate may command a constable, bystander, or the posse comitatus, as the emergency may require. A person who refuses to aid in the arrest when required by the magistrate is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Failing to execute magistrate court process
SECTION 192. Section 22-9-140 of the 1976 Code is amended to read:
"Section 22-9-140. A constable appointed by a magistrate must execute, when required, every lawful order, judgment, and determination of the magistrate and of any magistrate's court. A constable who fails to perform these duties is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Employment of peace officers on contingent basis
SECTION 193. Section 23-1-20 of the 1976 Code is amended to read:
"Section 23-1-20. It is unlawful for a peace officer to be employed within the State on a contingent basis upon which he receives any share of fines collected by him or through his efforts as compensation. A peace officer accepting employment on a contingent basis or receiving or accepting any part of the fines collected by him or through his efforts as compensation is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Purchase by sheriff or deputy at sheriff's sale
SECTION 194. Section 23-17-110 of the 1976 Code is amended to read:
"Section 23-17-110. It is unlawful for a sheriff or deputy sheriff to be concerned or interested, directly or indirectly, in the purchase of any property sold by him in his official capacity. If a sheriff or deputy sheriff has a concern or interest in the purchase at a sale made by him, he is guilty of a misdemeanor and, upon conviction, must be deprived of his office and fined in the discretion of the court or imprisoned not more than two years. A purchase made is null and void."
Penalties for offenses regulating pistols
SECTION 195. Section 23-31-190 of the 1976 Code is amended to read:
"Section 23-31-190. A person, including a dealer who violates the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
When a violation occurs within a municipality, the fines collected must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines must be delivered to the county treasurer.
In addition to the penalty provided in this section the pistol involved in the violation must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency, or destroy them. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."
Abandonment of explosive materials
SECTION 196. Section 23-35-130 of the 1976 Code is amended to read:
"Section 23-35-130. (A) It is unlawful to manufacture, store, transport, or possess fireworks containing pyrotechnic composition in excess of two grains, designed to produce a loud and piercing effect, including, but not limited to, fireworks commonly called `ground salutes' or `cherry bombs', M-80's, T-N-T salutes, and `bulldog salutes'. A manufacturer shall obtain a permit to store or assemble materials for public fireworks displays. No manufacturer may store public display material in the same building where legal fireworks are offered for sale to retailers.
(B) The provisions of this chapter do not prohibit continuous interstate commerce through this State into another state of any item of fireworks permitted for shipment by the regulations of the Interstate Commerce Commission or the United States Department of Transportation, or their successors. It is unlawful to ship into or through this State or possess, sell, or use, under any circumstances, any article of fireworks that is forbidden for transportation by regulations of the Interstate Commerce Commission, the United States Department of Transportation, or their successors.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than two years, or both."
Complicity by guard of prisoner's escape
SECTION 197. Section 24-3-910 of the 1976 Code is amended to read:
"Section 24-3-910. It is unlawful for a person employed in keeping, taking care of, or guarding a correctional facility or its prisoners to contrive, procure, connive at, or otherwise voluntarily suffer or permit the escape of a prisoner.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years."
Wearing of military insignia
SECTION 198. Section 25-1-150 of the 1976 Code is amended to read:
"Section 25-1-150. It is unlawful for a person to wilfully wear the badge, button, insignia, or rosette of any military order or use any badge, button, insignia, or rosette to obtain aid, assistance, or other benefit or advantage, unless he is entitled to wear or use the military badge, button, insignia, or rosette.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both."
Information relating to national or state defense
SECTION 199. Section 25-7-20 of the 1976 Code is amended to read:
"Section 25-7-20. (A) It is unlawful for a person, for the purpose of obtaining information respecting the national or state defense with intent or reason to believe that the information to be obtained is to be used to the injury of the United States or this State or to the advantage of a foreign nation to:
(1) go upon, enter, fly over, or otherwise obtain information concerning any:
(a) vessel, aircraft, work of defense, navy yard, naval base, submarine base, coaling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telephone, telegraph, wireless or signal station, building, office, or other place connected with the national or state defense owned or constructed or in progress of construction by the United States or any of its officers or agents within this State or by this State or any of its subdivisions or agencies; or
(b) place in this State in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, or stored under any contract or agreement with the United States or with a firm on behalf of the United States.
(2) copy, take, make, or obtain or attempt, induce, or aid another to copy, take, make, or obtain any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national or state defense.
(3) receive or obtain from a person or from any source whatsoever any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note of anything connected with the national or state defense knowing or having reason to believe, at the time he receives, obtains, agrees, attempts, induces, or aids another to receive or obtain it that it has been or will be obtained, taken, made, or disposed of by a person contrary to the provisions of this chapter. (B) It is unlawful for a person to:
(1) have possession of, access to, control over, or be intrusted with, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national or state defense and wilfully communicate, transmit, or attempt to communicate or transmit the same to a person not entitled to receive it or wilfully retains the same and fails to deliver it on demand to the officer or employee of the United States or this State, entitled to receive it.
(2) be entrusted with or have lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, or information relating to the national defense or state defense through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust or to be lost, stolen, obstructed, or destroyed.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both."
False reports and insubordination while at war
SECTION 200. Section 25-7-50 of the 1976 Code is amended to read:
"Section 25-7-50. (A) When the United States is at war, it is unlawful for a person to wilfully:
(1) make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies;
(2) cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty in the military or naval forces of the United States; or
(3) obstruct the recruiting or enlistment service of the United States, to the injury of the service of the United States.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both."
Use of Confederate Cross of Honor
SECTION 201. Section 25-15-20 of the 1976 Code is amended to read:
"Section 25-15-20. It is unlawful for a person to wear as a badge, expose upon their person, sell, offer for sale, or otherwise dispose of, or use or manufacture any badge or insignia known as the Confederate Cross of Honor or any counterfeit or likeness of the badge, unless the badge has been conferred, bestowed, or authorized to be bestowed by the United Daughters of the Confederacy, or in any other way than as prescribed by the rules and regulations made and adopted by the United Daughters of the Confederacy.
A person who violates the provisions of this section is guilty of a misdemeanor, and upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year."
Penalties under Uniform Land Sale Practice Act
SECTION 202. Section 27-29-150 of the 1976 Code is amended to read:
"Section 27-29-150. It is unlawful for a person to wilfully violate any provision of this chapter or a regulation adopted under it, or to make an untrue statement of a material fact, or omit to state a material fact in an application for registration.
A person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or double the amount of gain from the transaction, whichever is the larger but not more than fifty thousand dollars or imprisoned not more than two years, or both."
Forgery of military discharge
SECTION 203. Section 30-15-50 of the 1976 Code is amended to read:
"Section 30-15-50. It is unlawful for a person to forge or in any manner alter any discharge or certificate of lost discharge issued by the government of the United States and offer it for registration or secure the registration of it under the provisions of this chapter.
A person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years."
Use of words "safe deposit" or "safety deposit"
SECTION 204. Section 34-19-110 of the 1976 Code is amended to read:
"Section 34-19-110. It is unlawful for a person to use the words `safe deposit', `safety deposit', or other similar words in connection with the rental of storage space, or in the title or name under which business is done.
A person subject to the jurisdiction of the State Board of Financial Institutions, a manufacturer or dealer in safe-deposit facilities or equipment, or an association, the membership of which is composed of officers or institutions subject to the jurisdiction of the board or the banking department of other states or of the United States, are exempt.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."
Penalties under regulation of loan assumption of motor vehicles
SECTION 205. Section 37-13-50 of the 1976 Code, as added by Act 132 of 1991, is amended to read:
"Section 37-13-50. A person violating this chapter or regulations promulgated pursuant to it is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both."
Failure to pay fee by insurer
SECTION 206. Section 38-7-140 of the 1976 Code is amended to read:
"Section 38-7-140. (A) It is unlawful for a person, officer or employee of an insurer, or other person, with intent to evade a requirement of this title or a lawful requirement of the commissioner, to:
(1) fail to pay any fees, taxes, penalties, or interest;
(2) fail to make, sign, or verify a return;
(3) fail to supply required information; or
(4) make, render, sign, or verify false or fraudulent information.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both."
False statements to Insurance Commission
SECTION 207. Section 38-13-140 of the 1976 Code is amended to read:
"Section 38-13-140. A person who has in his possession or control any books, accounts, or papers of a company licensed under this title shall exhibit them to the commissioner or to any deputy, actuary, accountant, or person acting with or for the commissioner. A person who refuses, on demand, to exhibit any books, accounts, or papers or knowingly or wilfully makes a false statement in regard to them is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than three years, or both. All replies are strictly confidential except for the purposes of prosecution for any false or fraudulent statement made to the commissioner."
Unauthorized transaction of insurance business
SECTION 208. Section 38-25-330 of the 1976 Code is amended to read:
"Section 38-25-330. A person violating any provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
False representations in application to fraternal benefit association
SECTION 209. Section 38-37-930 of the 1976 Code is amended to read:
"Section 38-37-930. It is unlawful for a person, officer, member, or examining physician of a fraternal benefit association knowingly or wilfully to make a false or fraudulent statement or representation in or with reference to an application for membership or for the purpose of obtaining money from or benefit in an association transacting business under this chapter.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Penalties under consolidation, merger, and reinsurance provisions
SECTION 210. Section 38-37-1650 of the 1976 Code is amended to read:
"Section 38-37-1650. A person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both."
Fraud by insurance agent
SECTION 211. Section 38-43-190 of the 1976 Code is amended to read:
"Section 38-43-190. An insurance agent who acts on behalf of another in negotiating a contract of insurance is the insurer's agent for the purpose of receiving the premium. An agent who knowingly procures the payment of a premium of insurance or the obligation for the payment of a premium of insurance by fraudulent representation is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Other offenses by insurance agents
SECTION 212. Section 38-43-240 of the 1976 Code is amended to read:
"Section 38-43-240. (A) It is unlawful for an agent, collector, or other person to:
(1) undertake or pretend to represent an insurer licensed to do business in this State, or to collect or do business for the insurer without the authority of the insurer;
(2) secure cash advances by false statements; or
(3) fail to turn over or satisfactorily account for all collections of the insurer when required.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years."
Adjuster acting for unauthorized insurer
SECTION 213. Section 38-47-60 of the 1976 Code is amended to read:
"Section 38-47-60. It is unlawful for a person to:
(1) act as adjuster on a contract made other than as authorized by the laws of this State or made by an insurer who is not regularly licensed to do business in the State; or
(2) adjust or aid in the adjustment, either directly or indirectly, of a claim arising under a contract of insurance not authorized by the laws of the State.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both."
Loans to directors or officers of insurers
SECTION 214. Section 38-55-80 of the 1976 is amended to read:
"Section 38-55-80. (A) An insurer doing business in this State may not make a loan to any of its directors or officers, either directly or indirectly, except as provided in this section, and its director or officer may not accept any loan, directly or indirectly. The insurer may not make an advance to any of its directors or officers for future services to be performed beyond a period of one year from the date of making the advance. This section does not prohibit a life insurer from making a policy loan upon its policy or contract in an amount not exceeding the net reserve or cash value of the policy or contract.
(B) This section does not prohibit an insurer in connection with the relocation of the place of employment of an officer, including any relocation in connection with the initial employment of the officer, from making, or the officer from accepting, a mortgage loan to the officer on real property owned by the officer which is to serve as his residence or acquiring, or the officer from selling to it, at not more than the fair market value, the residence of the officer. Mortgage loans made or residences acquired under this section are subject to the limitations imposed on investments by Section 38-11-50. In addition, this section does not prohibit an insurer from making a loan to its directors or officers if the loan is first approved in writing by the commissioner.
(C) An officer or director of an insurer who violates this section by participating in making the loan or accepting a loan except as authorized in this section, is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(D) A loan made by an insurer to its officers, directors, or employees bears the same rate of interest as is available to the public on loans from the insurer."
Accepting premiums for insolvent insurer
SECTION 215. Section 38-55-150 of the 1976 Code is amended to read:
"Section 38-55-150. It is unlawful for a director or officer of an insurer to wilfully receive a premium or assessment on behalf of the insurer, knowing at the time of receipt of the premium or assessment that the insurer is insolvent according to the laws of its home state, and to fail to notify the person paying the premium or assessment of this fact.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Insuring uninsurable person with intent to defraud
SECTION 216. Section 38-55-160 of the 1976 Code is amended to read:
"Section 38-55-160. It is unlawful for an agent, physician, or any other person to insure or knowingly cause to be insured or reinstated in membership an infirm or unhealthy person, in an uninsurable condition, with intent to defraud.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Payment of insurance benefits in merchandise prohibited
SECTION 217. Section 38-59-50 of 1976 Code is amended to read:
"Section 38-59-50. It is unlawful for an insurer to make payment or settlement of benefits arising under life, endowment, accident, health, or hospitalization policies written by the insurer in merchandise, services rendered or agreed to be rendered, or to issue a policy which provides for settlement in merchandise or services rendered or to be rendered.
An insurer violating this section pays a penalty of ten times the amount of the policy, certificate, or other evidence of insurance to be collected in a suit by the policyholder or his legal representatives or beneficiary. An officer, agent, or servant of an insurer who violates this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Sale of mark advertising contents of food products
SECTION 218. Section 39-15-170 of the 1976 Code is amended to read:
"Section 39-15-170. A mark or name used to advertise the chemical or other contents of food products grown in this State or other articles may not be sold, bartered, or exchanged by a person except through and by the State Development Board. The board is entrusted with handling by selling, or otherwise, any mark used for the purpose set forth in this section and may use under its direction an officer of the State for the purpose of handling such mark.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Receipt of marked containers from other than registered owners
SECTION 219. Section 39-15-470 of the 1976 Code is amended to read:
"Section 39-15-470. It is unlawful for a person to receive or purchase a field box, crate, container, or receptacle marked or branded with a registered mark or brand as provided in this article from a person other than the registered owner or his duly authorized agent. Proof of such receipt or purchase is prima facie evidence that the person received or purchased the item with knowledge that it was stolen or embezzled property.
A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."
Penalties in grading of watermelons
SECTION 220. Section 39-17-340 of the 1976 Code is amended to read:
"Section 39-17-340. (A) It is unlawful for a person to:
(1) ship, or undertake to ship, watermelons in carload lots from any point within this State in violation of the provisions of this article; or
(2) sign, or cause to be signed, a false certificate as to the grade and kind of melons shipped.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."
Practice of law by corporations or associations
SECTION 221. Section 40-5-320 of the 1976 Code is amended to read:
"Section 40-5-320. (A) It is unlawful for a corporation or voluntary association to:
(1) practice or appear as an attorney at law for a person other than itself in a court in this State or before a judicial body;
(2) make it a business to practice as an attorney at law for a person other than itself in a court or judicial body;
(3) hold itself out to the public as being entitled to practice law, render or furnish legal services, advise or to furnish attorneys or counsel, or render legal services in actions or proceedings;
(4) assume to be entitled to practice law or to assume, use, or advertise the title of lawyer, attorney, attorney at law, or equivalent terms in any language as to convey the impression that it is entitled to practice law or to furnish legal advice, services, or counsel; or
(5) advertise that it has, owns, conducts, or maintains a law office or an office for the practice of law or for furnishing legal advice, services, or counsel, either alone or together with, by, or through a person, whether a duly and regularly admitted attorney at law, or not.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Soliciting legal business unlawful
SECTION 222. Section 40-5-350 of the 1976 Code is amended to read:
"Section 40-5-350. It is unlawful for a person or his agent, employee, or anyone acting on his behalf to:
(1) solicit or procure through solicitation, either directly or indirectly, legal business; or
(2) solicit or procure through solicitation a retainer, written or oral, or an agreement authorizing an attorney to perform or render legal services.
A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Splitting legal fees unlawful
SECTION 223. Section 40-5-360 of the 1976 Code is amended to read:
"Section 40-5-360. It is unlawful for a person, partnership, corporation, or association to divide with or receive from, or to agree to divide with or receive from, an attorney or group of attorneys, whether practicing in this State or elsewhere, any portion of a fee or compensation charged or received by an attorney or any valuable consideration or reward as an inducement for placing or in consideration of having placed in the hands of an attorney, or in the hands of another person a claim or demand of any kind for the purpose of collecting the claim or bringing an action on the claim or of representing the claimant in the pursuit of any civil remedy for the recovery of the claim. This section does not apply to an agreement between attorneys to divide between themselves the compensation to be received.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Penalties relating to auctioneers
SECTION 224. Section 40-6-170 of the 1976 Code is amended to read:
"Section 40-6-170. A person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be:
(1) fined not more than five hundred dollars or imprisoned not more than six months for a first offense.
(2) fined not more than one thousand dollars or imprisoned not more than one year for a second offense.
(3) fined not more than two thousand five hundred dollars or imprisoned not more than three years for a third or subsequent offense."
Receiving bid from unlicensed contractor
SECTION 225. Section 40-11-300 of the 1976 Code is amended to read:
"Section 40-11-300. It is unlawful for an architect, engineer, awarding authority, owner, contractor, or his agent, to receive or consider any bids unless the bidder has first obtained the licenses required by this chapter. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. A person is not required to be licensed before bidding on a Department of Highways and Public Transportation project but must be licensed before he may be awarded a department contract."
Trading animals by nomads without license
SECTION 226. Section 40-41-220 of the 1976 Code is amended to read:
"Section 40-41-220. It is unlawful for any nomadic individual, or bands of nomads, to encamp or to trade horses, mules, or other animals or commodities within any county of this State, without first obtaining a license from the clerk of the court. The license fee is three hundred dollars.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."
Unlawful use of titles in dispensing drugs
SECTION 227. Section 40-43-140 of the 1976 Code, as last amended by Act 548 of 1988, is further amended to read:
"Section 40-43-140. (A) It is unlawful for a person, except a pharmacist licensed under this chapter and pursuant to the regulations of the Board of Pharmacy to:
(1) take, use, or exhibit the title `Pharmacist', `Druggist', `Pharmacy', `Drugstore', `Drugs', `Prescriptions', or any other title, sign, display, or declaration that tends to lead the public to believe that the person is engaged in the business of selling, compounding, or dispensing any medicinal drugs, medicinal chemicals, pharmaceutical preparations, or biologicals; or
(2) have charge of, engage in, or carry on, for himself or another, the dispensing, compounding, or sale of any medicinal drugs, medicinal chemicals, pharmaceutical preparations, or biologicals within this State.
(B) Except as prescribed by the provisions of this chapter, it is unlawful for a person to practice as a licensed pharmacist or to advertise or represent himself by a title, sign, display, declaration, or other item to be a licensed pharmacist or to engage in, conduct, carry on, or be employed in the dispensing, compounding, or retailing of any medicinal drugs, medicinal chemicals, pharmaceutical preparations, or biologicals within this State.
(C) This section must not be construed as precluding a person from owning or being a permit holder for a pharmacy, if all of the dispensing, compounding, and retailing of medicinal drugs, medicinal chemicals, pharmaceutical preparations, and biologicals in it are under the supervision and direction of a licensed pharmacist.
(D) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 40-43-320."
Penalties relating to pharmacists
SECTION 228. Section 40-43-320 of the 1976 Code is amended to read:
"Section 40-43-320. A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both."
Light required in elevator shafts
SECTION 229. Section 41-15-50 of the 1976 Code is amended to read:
"Section 41-15-50. It is unlawful for a person to operate an elevator without a proper light at the entrance of all elevator shafts while the elevator is in operation.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year."
Unlawful publication of public assistance records
SECTION 230. Section 43-5-40 of the 1976 Code is amended to read:
"Section 43-5-40. It is unlawful for a person to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of a list, name of, or any information concerning persons applying for or receiving public aid or assistance, directly or indirectly derived from the records, papers, files, or communications of the State or county departments of social services or acquired in the course of the performance of official duties, except for purposes directly connected with the administration of Chapters 1, 3, 5, 7, 9, 19, and 23 or of old age assistance, aid to the blind, aid to dependent children, or general relief and in accordance with the regulations of the department.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Interference with rights of physically handicapped persons
SECTION 231. Section 43-33-40 of the 1976 Code is amended to read:
"Section 43-33-40. (A) It is unlawful for a person or his agent to:
(1) deny or interfere with admittance to or enjoyment of the public facilities enumerated in Section 43-33-20; or
(2) interfere with the rights of a totally or partially blind or disabled person under Section 43-33-20.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Penalties relating to tuberculosis
SECTION 232. Section 44-31-360 of the 1976 Code is amended to read:
"Section 44-31-360. A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Manufacture or distribution of certain controlled substances including LSD
SECTION 233. Section 44-53-370(b) of the 1976 Code is amended to read:
"(b) A person who violates subsection (a) with respect to:
(1) a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both. For a second offense, or if, in the case of a first conviction of violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both. For a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned not less than fifteen years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted.
(2) any other controlled substance classified in Schedule I, II, or III is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a second offense, or if, in the case of a first conviction of violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. For a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, or fined not more than twenty thousand dollars, or both. Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted.
(3) a substance classified in Schedule IV is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than three years or fined not more than three thousand dollars, or both. In the case of second or subsequent offenses, the person is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than six thousand dollars, or both.
(4) a substance classified in Schedule V is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than one year or fined not more than one thousand dollars, or both. In the case of second or subsequent offenses, the sentence must be twice the first offense."
Possession of certain controlled substances including LSD
SECTION 234. Section 44-53-370(d) of the 1976 Code is amended to read:
"(d) A person who violates subsection (c) with respect to:
(1) a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years or fined not more than five thousand dollars, or both. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.
(2) any other controlled substance classified in Schedules I through V is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than one thousand dollars, or both. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than two thousand dollars, or both, except as provided in subsection (d)(3).
(3) possession of more than ten grains of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish or more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds shall be prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of any sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Act 360 of 1980 [Sections 17-22-10 through 17-22-160]. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both. Fines collected pursuant to the provisions of this item must be distributed as follows:
(i) For a first offense, the first one hundred dollars must be distributed pursuant to the provisions of Section 44-53-580 and all monies in excess of that amount must be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction.
(ii) For a second or subsequent offense, the first two hundred dollars must be distributed pursuant to the provision of Section 44-53-580 and all monies in excess of that amount must be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction.
The distribution of fines provided for in this section applies whether or not law enforcement officers from more than one unit of government became involved in the case after the start of the initial investigation. When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance and, upon forfeiture, the bail must be distributed as provided in subitem (1) of this item."
Penalties for violation of commodities marketing
SECTION 235. Section 46-17-460 of the 1976 Code is amended to read:
"Section 46-17-460. Except as specifically provided in this chapter, a person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Penalties for market displaying unauthorized sign
SECTION 236. Section 46-19-270 of the 1976 Code is amended to read:
"Section 46-19-270. (A) It is unlawful for a market to:
(1) display a sign indicating approval by the department or participation in the program before the approval by the department; or
(2) continue to display the sign after final administrative action revoking the approval of the market; or
(3) fail to return to the department a sign issued to the market by the department within ten days after official notice from the department to return the sign.
(B) The owner of the market who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Penalties for violation of Noxious Weed Act
SECTION 237. Section 46-25-80 of the 1976 Code is amended to read:
"Section 46-25-80. A person or dealer who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Endorsement of documents by forestry registrants
SECTION 238. Section 48-27-230 of the 1976 Code is amended to read:
"Section 48-27-230. Plans, maps, specifications, and reports issued by a registrant must be endorsed with his name and license number. It is unlawful for a person to endorse any documents after his license has expired or has been revoked. It also is unlawful for a registered forester to endorse any plan, specification, estimate, or map unless he has actually prepared the plan, specification, estimate, or map or has been in actual charge of its preparation.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both."
Penalties under registration of foresters
SECTION 239. Section 48-27-250 of the 1976 Code is amended to read:
"Section 48-27-250. Except as specifically provided in this chapter, a person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Penalties for violation of Mountain Ridge Protection Act of 1984
SECTION 240. Section 48-49-60(a) of the 1976 Code is amended to read:
"(a) A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than three years, or both. In addition, any county or municipality is authorized to seek injunctive relief enjoining violations of this chapter."
Penalties for conspiracy to violate fish and game laws
SECTION 241. Section 50-1-136 of the 1976 Code is amended to read:
"Section 50-1-136. (A) Notwithstanding the provisions of Section 16-17-410 a person who conspires to violate any provision of the game and fish laws of this State or other provision of Title 50, except the provisions of the Federal Migratory Bird Treaty Act or its regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) A person who conspires to violate two or more provisions of the game and fish laws of this State or other provision of Title 50, except the provisions of the Federal Migratory Bird Treaty Act or its regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than one year, or both.
(C) In addition to the criminal penalty, a person convicted under this section shall have his privilege to hunt or fish either recreationally or commercially revoked for one year."
Trespassing or fishing in private ponds
SECTION 242. Section 50-13-350 of the 1976 Code is amended to read:
"Section 50-13-350. A person who makes or creates an artificial pond on his land for the purpose of breeding and cultivating fish or oysters, shall place a written or printed notice of the breeding or cultivating fish or oysters in public places near the pond. It is unlawful for a person to enter in or about the pond to fish, catch or take away any fish or oysters, or destroy or injure the fish or oysters or break the dam for the purpose of permitting the fish or oysters to escape.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than three years. A fine, if imposed, shall go one-half to the informer and the other half to the person whose property has been injured. Nothing in this section applies to ponds used as water power for manufacturing purposes."
Use of explosives to take fish
SECTION 243. Section 50-13-1460 of the 1976 Code is amended to read:
"Section 50-13-1460. A person convicted of violating any of the provisions of Section 50-13-1440 is prohibited from hunting or fishing within the State for five years, and both his hunting and fishing license, if either has been issued to him, must be immediately revoked upon his conviction. A person who fishes or hunts within the State after he has been convicted of violating the provisions of Section 50-13-1440 within the five-year period is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Failure to report use of explosives to take fish
SECTION 244. Section 50-13-1470 of the 1976 Code is amended to read:
"Section 50-13-1470. A person who sees another person violating the provisions of Section 50-13-1440 and fails, within two weeks, to report the violation to a game warden, sheriff, or some other law enforcement officer within the county in which the violation occurred is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
Penalty for violating placing of aids to navigation and regulatory markers
SECTION 245. Section 50-21-710(6) of the 1976 Code is amended to read:
"(6) A person who violates a provision or regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Negligent management of steamboat
SECTION 246. Section 54-1-40 of the 1976 Code is amended to read:
"Section 54-1-40. (A) It is unlawful for the captain, master, or other person having the command or charge of a boat to cause injury to life or limb of another by:
(1) the explosion of a boiler of a steamboat;
(2) reason of the unskillfulness, mismanagement, or negligence of the person having the charge or command of the boat; or
(3) reason of the deficiency or want of any matter or thing necessary and proper for the management or seaworthiness of any such boat.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(C) This section must not be construed to prevent the defendant from showing, at the trial, that the injury arose from unavoidable accident or without fault on his part and this section must not be construed to restrict the liability of a person convicted under any other law."
Failure to stop for law enforcement officer
SECTION 247. Section 56-5-750 of the 1976 Code is amended to read:
"Section 56-5-750. In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by any law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned not less than ninety days nor more than three years. The person's driver's license may be suspended not more than one year. A motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days."
Causing great bodily harm or death by driving while under influence of drugs or alcohol
SECTION 248. Section 56-5-2945(A)(1) of the 1976 Code is amended to read:
"(1) by a mandatory fine of not less than five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;"
Penalties under Motor Vehicle Chop Shop, Stolen, and Altered Property Act
SECTION 249. Section 4 of Act 16 of 1987 is designated as Section 56-29-30 and is amended to read:
"Section 56-29-30. (A) It is unlawful for a person to:
(1) own, operate, or conduct a chop shop;
(2) transport a motor vehicle or motor vehicle part to or from a location knowing it to be a chop shop; or
(3) sell, transfer, purchase, or receive a motor vehicle or motor vehicle part either to or from a location knowing it to be a chop shop.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than one hundred thousand dollars, or both.
(B) A person who knowingly alters, counterfeits, defaces, destroys, disguises, falsifies, forges, obliterates, or knowingly removes a vehicle identification number, or causes any of the above to be done, with the intent to misrepresent the identity or prevent the identification of a motor vehicle or motor vehicle part, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not less than five thousand nor more than ten thousand dollars, or both.
(C) (1) A person who buys, disposes, sells, transfers, or possesses a motor vehicle or motor vehicle part, with knowledge that the vehicle identification number of the motor vehicle or motor vehicle part has been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed, or causes any of the above to be done, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not less than five thousand nor more than ten thousand dollars, or both.
(2) The provisions of item (1) of subsection (C) do not apply to a motor vehicle scrap processor who, in the normal legal course of business and in good faith, processes a motor vehicle or motor vehicle part by crushing, compacting, or other similar methods, provided that any vehicle identification number is not removed from the motor vehicle or motor vehicle part before or during the processing.
(D) A person commits an attempt when, with intent to commit a violation proscribed by subsection (A), (B), or (C) of this section, the person does any act which constitutes a substantial step toward the commission of the violation proscribed by those subsections and is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not less than five thousand nor more than ten thousand dollars, or both.
(E) A person commits the offense of conspiring to violate the provisions of this act if he knowingly and wilfully agrees with another person to the commission of the offenses proscribed by subsection (A), (B), or (C) of this section and is guilty of a felony. Upon conviction, the person must be imprisoned not more than five years, or fined not more than five thousand dollars.
(F) (1) In addition to any other punishment, a person who violates this section must be ordered to make restitution to the lawful owner of the stolen motor vehicle or the stolen motor vehicle part, or to the owner's insurer to the extent that the owner has been compensated by the insurer, and to any other person for any financial loss sustained as a result of a violation of this section.
Financial loss includes, but is not limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs, and claims payments. Lawful owner includes an innocent bona fide purchaser for value of a stolen motor vehicle or stolen motor vehicle part who does not know that the motor vehicle or part is stolen; or an insurer to the extent that the insurer has compensated a bona fide purchaser for value.
(2) The court shall determine the extent and method of restitution. In an extraordinary case, the court may determine that the best interests of the victim and justice would not be served by ordering restitution. In that case, the court shall make and enter specific written findings on the record concerning the extraordinary circumstances presented which militated against restitution."
Opening parcel by carrier unlawful
SECTION 250. Section 58-13-10 of the 1976 Code is amended to read:
"Section 58-13-10. It is unlawful for any agent, servant, baggage master, or other person in the service or employment of a carrier of persons or property for hire, carelessly, negligently, or wilfully to open, break into, or injure a package, parcel, or baggage while in the custody or under the control of the common carrier.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both."
Subpoena by State Board of Education
SECTION 251. Section 59-25-250 of the 1976 Code is amended to read:
"Section 59-25-250. (A) Upon application by the State Board of Education, the court of common pleas shall enforce by proper proceedings the attendance and testimony of witnesses and the production of books, papers, and records. The unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any subpoena issued by the State Board of Education is a misdemeanor. A person who engages in this conduct, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(B) The State Board of Education may issue to the sheriff of the county in which a hearing is held a warrant requiring him to produce at the hearing a witness who has ignored or failed to comply with any subpoena issued by the State Board of Education and properly served upon the witness. The warrant authorizes the sheriff to arrest and produce at the hearing the witness, and it is his duty to do so. The failure of a witness to appear in response to a subpoena may be excused on the same grounds as provided by law for the attendance of witnesses in the courts of this State."
Enrolled child counted once
SECTION 252. Section 59-63-450 of the 1976 Code is amended to read:
"Section 59-63-450. A child must not be counted more than once in the school enrollment of a school district in any one school year. A pupil who enrolls in more than one school in any school year must be counted only in the enrollment of the first school which the pupil legally attends for at least thirty-five days during the school year.
A school officer charged with the duty of enrollment who wilfully violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
Sale of certain beverages containing alcohol
SECTION 253. Section 61-13-810 of the 1976 Code is amended to read:
"Section 61-13-810. It is unlawful for a person, with or without a beer or wine permit, to sell or to offer for sale a beverage, generally used as and for a soft drink rather than as a medicine or for cooking purposes, having any alcoholic content, when the beverage resembles in color and general appearances a vegetable drink, a fruit drink, or a soft drink. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. In addition, these beverages are contraband and must be seized by an authorized agent of the South Carolina Alcoholic Beverage Control Commission, or by a peace officer, and disposed of in a manner provided for the disposition of illegal alcoholic liquors."
Sexual battery
SECTION 254. Section 16-3-615 of the 1976 Code, as added by Act 139 of 1991, is amended to read:
"Section 16-3-615. (A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use of physical force or physical violence of a high and aggravated nature which results in some physical manifestation of that force or violence to overcome the victim, by one spouse against the other spouse if they are living together, constitutes the crime of spousal sexual battery and, upon conviction, must be imprisoned not more than ten years.
(B) The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for that spouse to be prosecuted for this offense.
(C) The provisions of Section 16-3-659.1 do not apply to any trial brought under this section."
Magistrates' jurisdiction
SECTION 255. Section 22-3-570 of the 1976 Code is amended to read:
"Section 22-3-570. Magistrates have jurisdiction of petit larceny and all other larcenies involving personal property including, but not limited to:
(1) money;
(2) goods or chattels;
(3) bank note, bond, promissory note, bill of exchange or other bill;
(4) order or certificate;
(5) book of accounts;
(6) deed or writing containing a conveyance of land;
(7) other valuable contract in force;
(8) receipt;
(9) release or defeasance; or
(10) any writ, process, or public record.
The value of the property stolen must be two hundred dollars or less."
Repeal
SECTION 256. Sections 16-1-15, 16-9-40, 16-13-20, 16-13-90, 16-13-190, 16-13-200, 16-15-30, 16-15-40, 16-15-50, 16-15-60, 16-15-70, 16-15-80, 16-15-120, 16-17-10, 16-17-20, 24-5-40, 39-23-90, and 54-9-80 of the 1976 Code are repealed.
Time effective
SECTION 257. This act takes effect upon approval by the Governor.
In the Senate House _________________________________.
_______________________________________
President of the Senate
_______________________________________
Speaker of the House of Representatives
Approved the _______ day of __________________, 1992.
_______________________________________
Governor
Printer's Date -- June 5, 1992 -- S.