CHAPTER 1 - FELONIES AND MISDEMEANORS; ACCESSORIES

Title 16 - Crimes and Offenses

CHAPTER 1.

FELONIES AND MISDEMEANORS; ACCESSORIES

SECTION 16-1-10. Categorization of felonies and misdemeanors; exemptions.

(A) Felonies are classified, for the purpose of sentencing, into the following six categories:

(1) Class A felonies

(2) Class B felonies

(3) Class C felonies

(4) Class D felonies

(5) Class E felonies

(6) Class F felonies

(B) Misdemeanors are classified, for the purpose of sentencing, into the following three categories:

(1) Class A misdemeanors

(2) Class B misdemeanors

(3) Class C misdemeanors

(C) All offenses with a term of imprisonment of less than one year are misdemeanors and exempt from the classification system.

(D) The following offenses are classified as exempt under subsections (A) and (B):

10"11"325(B)(1) Detonating an explosive or destructive device or igniting

an incendiary device upon the capitol grounds or within

the capitol building resulting in death of a person

where there was malice aforethought

12"21"6000(B) Possessing marijuana or controlled substances without

appropriate stamps

16"3"10 Murder

16"3"30 Killing by poison

16"3"40 Killing by stabbing or thrusting

16"3"85(C)(1) Causing the death of a child by abuse or neglect

16"3"210 Lynching

16"3"430 Killing in a duel

16"3"620 Assault with intent to kill (if sentenced for the common

law offense of assault and battery of a high and

aggravated nature)

16"3"655(C)(1) Engaging in Criminal Sexual Conduct with a minor in the

First Degree

16"3"910 Kidnapping (if sentenced for murder)

16"3"1083(A)(2)(a) Violent crime that carries the death of, or bodily injury

to in utero child

16"7"10 Acts considered unlawful in area designated by Governor in

emergency--looting

16"7"10(A)(2) Looting during state of emergency

16"7"10 Acts considered unlawful in area designated by Governor in

emergency--looting

16"9"290 Accepting bribes for purposes of procuring public office

16"11"311(B) Burglary--First degree

16"11"370 Robbery of operators of vehicles for hire

16"15"20 Incest

16"15"110(3) Prostitution--third or subsequent offense

16"17"735 False assertion of authority of law, in attempt to

intimidate or hinder state or local official in

discharge of duties, by threats or use of sham legal

process.

16"23"715(1) Use of weapons of mass destruction resulting in death

16"23"715(2) Use of weapons of mass destruction not resulting in death

16"23"720(A)(1) Detonating a destructive device or causing an explosion,

or aiding, counseling, or procuring an explosion by

means of detonation of a destructive device which

results in death of a person where there was malice

aforethought

23"36"170(c), (d) Penalty (violation of South Carolina Explosives Control

Act)

23"3"650(C) Willful disclosure of certain information contained in

State DNA Database to a person not entitled to receive

it

23"3"650(D) Willfully obtaining DNA information contained in State DNA

Database without authorization

Third, fourth, or subsequent offenses

24"13"430(1) Inciting prisoners to riot

25"1"2957 Recklessly endangering the life of another

25"7"30 Giving information respecting national or state defense to

foreign contacts during war

38"25"330 Violation of a provision contained in the provisions

relating to the unauthorized transaction of insurance

business

38"41"20 Multiple employer self-insured health plan transacting

business without a license

39"15"1190(C) Knowing and willfully using an object or tool to produce

or reproduce a counterfeit mark or possessing an object

with intent to produce or reproduce a counterfeit mark

39"22"90(A)(8) State warehouse system violation

40"55"170(A) Practicing psychology without being licensed as required

by chapter

44"4"530(C) Failure of persons subject to quarantine to comply

44"4"530(D) Entry into isolation or quarantine are by unauthorized

person

44"53"370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in marijuana, 10

pounds or more, but less than 100 pounds)

Third or subsequent offenses

44"53"370(e)(1)(b) Prohibited Acts A, penalties (trafficking in marijuana,

100 pounds or more of marijuana, but less than 2,000

pounds)

44"53"370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 pounds

or more, but less than 10,000 pounds)

44"53"370(e)(1)(d) Prohibited Acts A, penalties (trafficking in marijuana,

10,000 pounds of marijuana or more)

44"53"370(e)(2)(a)3 Prohibited Acts A, penalties (trafficking in cocaine, 10

grams or more, but less than 28 grams)

Third or subsequent offense

44"53"370(e)(2)(b)3 Prohibited Acts A, penalties (trafficking in cocaine, 28

grams or more, but less than 100 grams)

44"53"370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100

grams or more, but less than 200 grams)

44"53"370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200

grams or more, but less than 400 grams)

44"53"370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400

grams or more)

44"53"370(e)(3)(a)2 Prohibited Acts A, penalties (trafficking in illegal

drugs, 4 grams or more, but less than 14 grams)

Second or subsequent offense

44"53"370(e)(3)(b) Prohibited Acts A, penalties (trafficking in illegal

drugs, 14 grams or more, but less than 28 grams)

44"53"370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegal

drugs, 28 grams or more)

44"53"370(e)(4)(a)2 Prohibited Acts A, penalties (trafficking in methaqualone,

15 grams or more, but less than 150 grams)

Second or subsequent offense

44"53"370(e)(4)(b) Prohibited Acts A, penalties (trafficking in methaqualone,

150 grams but less than 1,500 grams)

44"53"370(e)(4)(c) Prohibited Acts A, penalties (trafficking in methaqualone,

possession of 1,500 grams, but less than 15 kilograms of

methaqualone)

44"53"370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone,

15 kilograms or more)

44"53"370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000

dosage units or more)

44"53"375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or

more, but less than 28 grams

Third or subsequent offense

44"53"375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams or

more, but less than 100 grams

Third or subsequent offense

44"53"375(C)(3) Trafficking in ice, crank, or crack cocaine 100 grams or

more, but less than 200 grams

44"53"375(C)(4) Trafficking in ice, crank, or crack cocaine 200 grams or

more, but less than 400 grams

44"53"375(C)(5) Trafficking in ice, crank, or crack cocaine 400 grams or

more

46"9"90 State Pest Commission violation, second offense

47"3"950 Wrongfully obtaining or exerting unauthorized control over

a guide dog or service animal

47"19"120(a) Interference with person performing official duties under

chapter concerning Poultry Products Inspection Law

(Violation of Sections 47"19"70 through 47"19"110)

56"5"2780(B)(1) Unlawfully passing a stopped school bus where great bodily

injury results

56"5"2947 Child endangerment

56"15"590 Failure of a motor vehicle auction to keep required

records or make them available for inspection

58"17"4090 Death that results from obstructing a railroad

63"11"90 Violations of provisions contained in Title 63, Chapter

11, Article 1

63"13"170 Violation of childcare facilities requirements

63"13"1080 Childcare operator refusing inspection and violating fire

and health safety requirements

SECTION 16-1-20. Penalties for classes of felonies.

(A) A person convicted of classified offenses, must be imprisoned as follows:

(1) for a Class A felony, not more than thirty years;

(2) for a Class B felony, not more than twenty-five years;

(3) for a Class C felony, not more than twenty years;

(4) for a Class D felony, not more than fifteen years;

(5) for a Class E felony, not more than ten years;

(6) for a Class F felony, not more than five years;

(7) for a Class A misdemeanor, not more than three years;

(8) for a Class B misdemeanor, not more than two years;

(9) for a Class C misdemeanor, not more than one year.

(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence.

(C) This chapter does not apply to the minimum sentences established for fines or community service.

SECTION 16-1-30. Classification of new statutory offenses.

All criminal offenses created by statute after July 1, 1993, must be classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20, except as provided in Section 16-1-10(D).

SECTION 16-1-40. Accessory.

A person who aids in the commission of a felony or is an accessory before the fact in the commission of a felony by counseling, hiring, or otherwise procuring the felony to be committed is guilty of a felony and, upon conviction, must be punished in the manner prescribed for the punishment of the principal felon.

SECTION 16-1-50. Indictment and conviction of accessories.

A person who counsels, hires, or otherwise procures a felony to be committed may be indicted and convicted:

(1) as an accessory before the fact either with the principal felon or after his conviction; or

(2) of a substantive felony, whether the principal felon has or has not been convicted or is or is not amenable to justice, and may be punished as if convicted of being an accessory before the fact.

SECTION 16-1-55. Classification of accessory crimes.

A person who commits the offense of accessory after the fact must be punished based upon the classification below the punishment provided for the principal offense, except for Class A, Class B, and Class C felonies or murder. If the principal offense is a Class A, Class B, or Class C felony or murder, the penalty must be as prescribed for a Class D felony.

SECTION 16-1-57. Classification of third or subsequent conviction of certain property crimes.

A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense, be punished as prescribed for a Class E felony.

SECTION 16-1-60. Violent crimes defined.

For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10 ); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses.

SECTION 16-1-70. Nonviolent crimes.

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

SECTION 16-1-80. Offense of attempt punished as principal offense.

A person who commits the common law offense of attempt, upon conviction, must be punished as for the principal offense.

SECTION 16-1-90. Crimes classified as felonies.

(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:

10"11"325(B)(2) Detonating an explosive or destructive device or

igniting an incendiary device upon the capitol

grounds or within the capitol building resulting

in death to a person where there was not malice

aforethought

16"3"50 Manslaughter--voluntary

16"3"652 Criminal sexual conduct

First degree

16"3"655(C)(2) Criminal sexual conduct, 1st degree, with minor

less than 16, 2nd offense

16"3"656 Assault with intent to commit criminal sexual

conduct

First degree

16"3"658 Criminal sexual conduct where victim is legal

spouse (separated)

First degree

16"3"910 Kidnapping

16"3"920 Conspiracy to commit kidnapping

16"3"1075(B)(2) Carjacking (great bodily injury)

16"11"110(A) Arson in the first degree

16"11"330(A) Robbery while armed with a deadly weapon

16"11"380(A) Entering bank with intent to steal money,

securities for money, or property, by force,

intimidation, or threats

16"11"390 Safecracking

16"11"532(D)(2) Injuring real property when illegally obtaining

nonferrous metals and the act results in the

death of a person

16"23"720(A)(2) Detonating a destructive device or causing an

explosion, or intentionally aiding, counseling,

or procuring an explosion by means of detonation

of a destructive device which results in the

death of a person where there was not malice

aforethought

24"13"450 Taking of a hostage by an inmate

43"35"85(F), 16"3"1050(F) Abuse or neglect of a vulnerable adult resulting in

death

44"53"370 Prohibited Acts A, penalties (b)(1) (narcotic drugs

in Schedules I(b) and (c), LSD, and Schedule II)

second, third, or subsequent offense

44"53"370(e)(2)(a)2 Prohibited Acts A, penalties (trafficking in

cocaine, 10 grams or more but less than 28 grams)

Second offense

44"53"370(e)(2)(b)2 Prohibited Acts, penalties (trafficking in cocaine,

28 grams or more but less than 100 grams)

Second offense

44"53"370(e)(5)(a)2 Prohibited Acts, penalties (trafficking in LSD, 100

dosage units or more but less than 500 dosage

units)

Second offense

44"53"370(e)(5)(b)2 Prohibited Acts, penalties (trafficking in LSD, 500

dosage units or more but less than 1,000 dosage

units)

Second offense

44"53"370(e)(5)(a)3 Prohibited Acts, penalties (trafficking in LSD, 100

dosage units or more, but less than 500 dosage

units)

Third or subsequent offense

44"53"370(e)(5)(b)3 Prohibited Acts, penalties (trafficking in LSD, 500

dosage units or more, but less than 1,000 dosage

units)

Third or subsequent offense

44"53"370(e)(6)(d) Prohibited Acts, penalties (trafficking in

flunitrazepam, 5 kilograms or more)

44"53"370(e)(8)(a)(ii) Trafficking in MDMA or ecstasy, 100 dosage units

but less than 500--Second offense

44"53"370(e)(8)(a)(iii) Trafficking in MDMA or ecstasy, 100 dosage units

but less than 500--Third or subsequent offense

44"53"370(e)(8)(b)(ii) Trafficking in MDMA or ecstasy, 100 dosage units

but less than 1000--Third or subsequent offense

44"53"370(e)(8)(b)(iii) Trafficking in MDMA or ecstasy, 100 dosage units

but less than 1000--Third or subsequent offense

44"53"370(g)(1)(b) Prohibited Acts A, penalties (distribution of

narcotic drugs in Schedules I(b) and (c), LSD,

and Schedule II with intent to commit a crime)

Second offense

44"53"370(g)(1)(c) Prohibited Acts A, penalties (distribution of

narcotic drugs in Schedules I(b) and (c), LSD,

and Schedule II with intent to commit a crime)

Third or subsequent offense

44"53"375(B)(2) Manufacture, distribution of methamphetamine or

cocaine base, second offense

44"53"375(B)(3) Manufacture, distribution, etc., methamphetamine,

or cocaine base

Third or subsequent offense

44"53"375(C)(1)(b) Trafficking in ice, crank, or crack cocaine (10

grams or more but less than 28 grams)

Second offense

44"53"375(C)(2)(b) Trafficking in ice, crank, or crack cocaine (28

grams or more but less than 100 grams)

Second offense

55"1"30(3) Unlawful removing or damaging of airport facility

or equipment when death results

56"5"1030(B)(3) Interference with traffic-control devices or

railroad signs or signals prohibited when death

results from violation

58"17"4090 Penalty for obstruction of railroad

(B) The following offenses are Class B felonies and the maximum terms established for a Class B felony, as set forth in Section 16-1-20(A), apply:

10"11"325(B)(3) Detonating an explosive or destructive device or

igniting an incendiary device upon the capitol ground

or within the capitol building resulting in injury to

a person

10"11"325(B)(4) Detonating an explosive or destructive device or

igniting an incendiary device upon the capitol grounds

or within the capitol building resulting in damage to

real or personal property

16"11"110(B) Arson in the second degree

16"23"720(A)(3) Detonating a destructive device, or causing an

explosion, or aiding, counseling, or procuring an

explosion by means of detonation of a destructive

device resulting in injury to a person

16"23"720(B) Causing an explosion by means of a destructive device,

or aiding, counseling, or procuring an explosion by

means of a destructive device which results in damage

to real or personal property, or attempting to injure

a person or damage or destroy real or property by

means of a destructive device

44"53"370(e)(1)(a)(3) Trafficking in marijuana, 10 pounds or more (third or

subsequent offense)

44"53"370(e)(2)(b)1 Prohibited Acts, penalties (trafficking in cocaine, 28

grams or more, but less than 100 grams)

First offense

44"53"370(e)(3)(a)1 Prohibited Acts A, penalties (trafficking in illegal

drugs, 4 grams or more, but less than 14 grams)

44"53"370(e)(5)(b)1 Prohibited Acts, penalties (trafficking in LSD, 500

dosage units or more, but less than 1000 dosage units)

First offense

44"53"370(e)(6)(a)(2) Prohibited Acts, penalties (trafficking in

flunitrazepam, 1 gram)

Second or subsequent offense

44"53"370(e)(6)(c) Prohibited Acts, penalties (trafficking in

flunitrazepam, 1000 grams but less than 5 kilograms)

44"53"370(e)(7)(b) Trafficking in gamma hydroxybutyric acid (second or

subsequent offense)

44"53"370(e)(8)(b)(i) Trafficking in MDMA or ecstasy, 100 dosage units but

less than 1000--First offense

44"53"370(e)(8)(c) Trafficking in MDMA or ecstasy, 1000 or more dosage

units

44"53"370(g)(2)(c) Prohibited Acts A, penalties (distribution of controlled

substances with intent to commit a crime)

Third or subsequent offense

44"53"375(C)(2)(a) Trafficking in ice, crank, crack cocaine 28 grams or

more, but less than 100 grams

First offense

50"21"113(A)(2) Operating or controlling a moving water device while

under the influence of alcohol, drugs, or a

combination of both when death results

50"21"130(A)(3) Failure of an operator of a vessel involved in a

collision resulting in death to stop and render

assistance

56"5"750(C)(2) Failure to stop for a law enforcement vehicle (death

occurs)

56"5"1210(A)(3) Failure to stop a vehicle involved in an accident when

death occurs

56"5"2945(A)(2) Causing great bodily injury or death by operating

vehicle while under influence of drugs or alcohol,

death resulting

(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:

16"3"70 Administering or attempting to administer poison

16"3"75 Unlawful and malicious tampering with human drug

product or food

16"3"85(C)(2) Aiding in the death of a child by abuse or neglect

16"3"95(A) Inflicting great bodily injury upon a child

16"3"220 Lynching in the second degree

16"3"620 Assault and battery with intent to kill

16"3"653 Criminal sexual conduct

Second degree

16"3"655(C)(3) Criminal sexual conduct, 2nd degree, with minor between

11 and 14 or at least 14 and less than 16 if actor in

familial or custodial position

16"3"656 Assault with intent to commit criminal sexual conduct

Second degree

16"3"658 Criminal sexual conduct in second degree where victim

is legal spouse (separated)

16"3"810 Engaging child under 18 for sexual performance

16"3"1075(B)(1) Carjacking

16"11"330(B) Attempted armed robbery

16"11"350 Train robbery by stopping train

16"11"360 Robbery after entry upon train

16"11"380(B) Stealing money, securities for money, or property, by

force, intimidation, or threats, from a person who

has just used a bank night depository, an ATM, or

another automated banking device

16"15"395 Sexual exploitation of a minor

16"15"415 Promoting prostitution of a minor

25"7"30 Giving information respecting national or state defense

to foreign contacts (violation during peacetime)

44"53"370(b)(2) Prohibited Acts A, penalties (manufacture or possession

of other substances in Schedule I, II, III, with

intent to distribute)

Third or subsequent offense

44"53"370(e)(1)(a)2 Prohibited Acts A, penalties (trafficking in marijuana,

10 pounds or more, but less than 100 pounds)

Second offense

44"53"370(e)(6)(b) Prohibited Acts, penalties (trafficking in

flunitrazepam, 100 grams but less than 1000 grams)

44"53"370(g)(1)(a) Prohibited Acts A, penalties (distribution of narcotic

drugs in Schedules I(b) and (c), LSD, and Schedule II

with intent to commit a crime)

First offense

44"53"370(g)(2)(b) Prohibited Acts A, penalties (distribution of

controlled substances with intent to commit a crime)

Second offense

44"53"440 Distribution of controlled substance under Sections

44"53"370(a) and 44"53"375(B) to persons under 18

44"53"475 Transportation or attempt to transfer monetary

instruments derived from unlawful drug activity

44"53"475(A)(1) Financial transactions involving property derived from

unlawful drug activity

44"53"475(A)(3) Concealment of property derived from unlawful drug

activity

58"15"870 Injuring railroad or electric railway generally if act

endangers life

(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply:

10"11"325(A) Possessing, having readily accessible, or

transporting onto the capitol grounds or within

the capitol building an explosive, destructive,

or incendiary device

16"1"55 Accessory after the fact of a Class A, B, or C

Felony

16"3"930 Knowingly subjecting another person to forced labor

or services, or recuiting, harboring,

transporting, providing, or obtaining by any

means a person knowing that the person will be

subject to forced labor or services

16"3"1090(B) Assist another person in committing suicide

16"3"1730(C) Stalking within ten years of a conviction of

harassment or stalking

16"11"312 Burglary--second degree

16"11"325 Common law robbery

16"11"525(D)(1) Injuring real property when illegally obtaining

nonferrous metals and the act results in great

bodily injury to person

16"15"140 Committing or attempting lewd act upon child under

16

16"15"355 Disseminating obscene material to a minor 12 years

or younger

16"23"720(C) Possessing, manufacturing, transporting,

distributing, possessing with the intent to

distribute any explosive device, substance, or

material configured to damage, injure, or kill a

person, or possessing materials which when

assembled constitute a destructive device

16"23"720(D) Threaten by means of a destructive weapon

16"23"720(E) Harboring one known to have violated provisions

relating to bombs, weapons of mass destruction

and destructive devises

16"23"730 Communicating or transmitting to a person that a

hoax device or replica is a destructive device or

detonator with intent to intimidate or threaten

injury, obtain property, or interfere with the

ability of a person or government to conduct its

affairs

16"23"750 Communicating or aiding and abetting the

communication of a threat or conveying false

information concerning an attempt to kill,

injure, or intimidate a person or damage property

or destroy by means of an explosive, incendiary,

or destructive device (second or subsequent

offense)

24"3"210 Furloughs for qualified inmates of state prison

system--Failure to return (See section 24"13"410)

24"13"410(B) Escaping or attempting to escape from prison or

possessing tools or weapons used to escape

24"13"470 Inmate throwing bodily fluids on a correctional

facility employee

43"35"85(B) Abusing or neglecting a vulnerable adult that

results in great bodily injury

43"35"85(D), 16"3"1050(E) Abuse or neglect of a vulnerable adult resulting in

great bodily injury

44"53"370(b)(1) Prohibited Acts A, penalties (narcotic drugs in

Schedule I (b) and (c), LSD, and Schedule II)

First offense

44"53"370 Prohibited Acts A, penalties (g)(2)(a)

(distribution of controlled substances with

intent to commit a crime)

First offense

44"53"375(B)(1) Manufacture, distribution, etc., methamphetamine or

cocaine

First offense

44"53"445(B)(2) Distribution, manufacture, sale, or possession of

crack cocaine within proximity of a school

44"53"577 Unlawful to hire, solicit, direct a person under 17

years of age to transport, conceal, or conduct

financial transaction relating to unlawful drug

activity

50"21"113(A)(1) Operating a moving water device while under the

influence of alcohol or drugs where great bodily

injury results

56"5"2945(A)(1) Causing great bodily injury by operating vehicle

while under influence of drugs or alcohol

(E) The following offenses are Class E felonies and the maximum terms established for a Class E felony, as set forth in Section 16-1-20(A), apply:

7"25"50 Bribery at elections

Second offense

7"25"60 Procuring or offering to procure votes by bribery

Second or subsequent offense

7"25"80 Threatening, intimidating, or abusing voters

8"1"20 Illegal collecting and retaining rebates, commissions,

or discounts (public officers/employees)

8"13"705 Offering, giving, soliciting, or receiving anything of

value to influence action of public employee,

member, or official

9"16"350 Use of any information concerning State Retirement

Systems Investment Panel activities by member or

employee to obtain economic interest

15"49"20(H) Falsifying affidavit in order to obtain employment

after having been convicted of an offense requiring

registration as a sex offender

16"1"55 Accessory after the fact of a Class D Felony

16"1"57 Third or subsequent conviction of certain property

crimes

16"3"615 Spousal sexual battery

16"3"625 Resisting arrest with deadly weapon

16"3"635(C) Assault and battery against an emergency medical

service provider, firefighter, or home health care

provider

16"3"654 Criminal sexual conduct

Third degree

16"3"656 Assault with intent to commit criminal sexual conduct

Third degree

16"3"820 Promoting, producing, or directing a sexual

performance by a child under 18

16"3"1060 No person may accept fee, compensation, etc. (for

relinquishing the custody of a child for adoption)

16"3"1730(B) Stalking while injunction or restraining order

prohibiting this conduct is in effect

16"7"160(2) Illegal use of stink bombs or other devices containing

foul or offensive odors--bodily harm results

16"8"20(B)(2) Teaching, demonstrating the use, application, or

making of a firearm or destructive device (second or

subsequent offense)

16"8"250(B) Preventing or attempting to prevent a witness or

victim from attending or giving testimony at a trial

that concerns criminal gang activity

16"9"220 Acceptance of bribes by officers

16"9"320(B) Assaulting police officer serving process or while

resisting arrest

16"9"340 Intimidation of court officials, jurors, or witnesses

16"9"410(C)(1) Aiding escapes from prison, for prisoners serving term

of incarceration

16"11"110(C) Arson--third degree

16"11"313 Burglary--third degree

Second offense

16"11"510(B)(1) Malicious injury to animals and personal property

(value $5,000 or more)

16"11"520(B)(1) Malicious injury to real property (value $5,000 or

more)

16"11"523(C)(3) Injuring real property when illegally obtaining

nonferrous metals where the value of the injury is

$5,000 or more

16"11"535 Malicious injury to place of worship

16"11"580(C)(1) Forest products violation (value more than $1,000 but

less than $5,000)

16"11"580(C)(2) Forest products violation (value more than $5,000)

16"11"580(C)(2) Forest products violation (value at least $5,000)

16"11"740 Malicious injury to telegraph, telephone, or electric

utility system

16"13"10(B)(1) Forgery (value $5,000 or more)

16"13"30(B)(2) Grand larceny (value $5,000 or more)

16"13"40(3) Stealing of bonds and the like (value $5,000 or more)

16"13"50(1) Stealing livestock, confiscation of motor vehicle, or

other chattel (value $5,000 or more)

16"13"70(B)(1) Stealing of vessels and equipment, payment of damages

(value $5,000 or more)

16"13"110(B)(3) Shoplifting (value $5,000 or more)

16"13"170 Entering house or vessel without breaking in with

intent to steal, attempt to enter

16"13"180(3) Receiving stolen goods (value $5,000 or more)

16"13"210(1) Embezzlement of public funds (value $5,000 or more)

16"13"230(B)(3) Breach of trust with fraudulent intent (value $5,000

or more)

16"13"240(1) Obtaining signature or property by false pretenses

(value $5,000 or more)

16"13"260(1) Obtaining property under false tokens or letters

(value $5,000 or more)

16"13"290(1) Securing property by fraudulent impersonation of

officer (value over $200)

16"13"420(B)(1) Failure to return rented objects, fraudulent

appropriation (value $5,000 or more)

16"13"425(3) Unlawful failure to return rented video or cassette

tape (value $5,000 or more)

16"13"430(C)(1) Fraudulent acquisition or use of food stamps (value

$5,000 or more)

16"13"510 Financial identity fraud

16"15"335 Unlawful to hire, employ, use, or permit any person

under 18 to do anything violating obscenity statutes

16"15"342 Criminal solicitation of a minor

16"15"345 Unlawful to disseminate obscene material to any person

under 18 years of age

16"15"385 Dissemination of obscene material to minors is

unlawful

16"15"387 Employing a person under eighteen to appear in public

in the state of sexually explicit nudity

16"15"405(D) Sexual exploitation of a minor

Second degree

16"15"410 Sexual exploitation of a minor

Third degree

16"17"470(C) Aggravated voyeurism

16"17"495(D) Transport of child by physical force or threat of

physical force with intent to avoid custody order

16"17"550 Bribery of athletes and athletic officials

16"17"600(A),(B) Destruction or desecration of human remains or

repositories--destroys, damages, or desecrates human

remains and vandalizes, desecrates, injures

gravestones or memorials

16"17"640 Blackmail

16"21"80(3) Receiving, possessing, concealing, selling, or

disposing of stolen vehicle (value $5,000 or more)

16"23"220 Unlawful transportation of machine gun or sawed-off

shotgun or rifle

16"23"230 Unlawful storing, keeping, or possessing machine gun

or sawed-off shotgun or rifle

16"23"240 Unlawful selling, renting, or giving away of machine

gun or sawed-off shotgun or rifle

16"23"440(A) Discharging firearms at or into dwellings

16"23"440(B) Discharging firearms at or into a vehicle, aircraft,

watercraft, or other device

16"23"530 Possession of a gun by an illegal alien

16"23"750 Communicating or aiding and abetting the communication

of a threat or conveying false information

concerning an attempt to kill, injure, or intimidate

a person or damage or destroy property by means of

an explosive, incendiary, or destructive device

(first offense)

16"25"20(E) Cause, offer, or attempt to cause injury to a person's

household and violate the terms of an order of

protection

16"25"65(B) Commission of criminal domestic violence of a high and

aggravated nature

17"13"50 Right to be informed of grounds for arrest,

consequences of refusal to answer or false answer

23"29"90 Penalties (violations of Subversive Activities

Registration Act)

23"31"340 Penalties (violation of article regulating use and

possession of machine guns, sawed-off shotguns, and

rifles)

23"31"360 Unregistered possession of machine guns by licensed

manufacturer

23"36"170(b) Violation of South Carolina Explosives Control Act

Second offense

24"3"910 Penalty for penitentiary employee's connivance at

escape of prisoners

24"3"950 Contraband (possession by prisoner or furnishing

prisoner with or attempt to furnish)

24"7"155 Furnishing or possessing contraband in county or

municipal prisons prohibited

24"13"420 Harboring or employing escaped convicts

24"13"430(2) Participating in riot by prisoners

24"13"440 Carrying or concealing weapon by inmates

25"7"50 False reports, insubordination, obstruction of

recruiting during war

25"7"70 Sabotage

34"3"10 Use of word "bank" or "banking" by other than banking

institutions

34"11"60 Drawing and uttering fraudulent check, draft, or other

written order (more than $1,000, see Section

34"11"90(b)) Third and subsequent offenses

34"13"90 Penalty for improper borrowing by directors or

officers

35"1"508(a)(1) Violation of Title 35, Chapter 1 when investor loses

twenty thousand dollars or more

36"9"410(C)(3) Unlawful disposal of personal property that is subject

to a perfected security interest whose value is

$5,000 or more

38"38"720(3) Making a false statement or representation regarding a

fraternal benefit society (second or subsequent

offense)

38"55"170(1) Presenting false claim for payment (insurance

companies) (value $5,000 or more)

38"55"540(A)(4) Knowingly making false statement or misrepresentation

resulting in economic advantage of fifty thousand

dollars or more, first offense

38"55"540(A)(5) Knowingly making false statement or misrepresentation

resulting in economic advantage of any amount,

second offense

39"9"208(B) Uniform weights and measures law violation

39"15"1190(B)(1)(a)(iv) Transferring, distributing, selling, or otherwise

disposing of an item having a counterfeit mark on

it, Second Offense

39"15"1190(B)(1)(b)(ii) Trafficking in counterfeit marks, Second or Subsequent

Offense

39"22"90(A)(8) State warehouse system violation if the amount of the

violation is $5,000 or more

39"73"325 Violation of regulation under State Commodity Code

40"83"30(J) Participating in the use of a false document in

connection with acts as an immigration assistant

44"23"1080(2) Furnishing Department of Mental Health patients or

prisoners with firearms or dangerous weapons

44"23"1150(C)(1) First degree sexual misconduct

44"29"145 Exposing others to Human Immuno Deficiency Virus

44"52"165(A)(3) Possession of firearms or dangerous weapons by patient

receiving inpatient services operated by Department

of Mental Health

44"52"165(B)(1) Intentionally allowing patient receiving inpatient

services by Department of Mental Health to possess

alcoholic beverages or controlled substances

44"52"165(B)(2) Intentionally allowing patient receiving inpatient

services by Department of Mental Health to possess

firearms or dangerous weapons

44"53"365 Taking or exercising control over another person's

controlled substance--Second offense

44"53"370(b)(2) Prohibited Acts A, penalties (manufacture or

possession of other substances in Schedule I, II,

III, flunitrazepam, or a controlled substance

analogue with intent to distribute)

Second offense

44"53"370(d)(3) Possession of cocaine, third or subsequent offense

44"53"370(e)(1)(a)1 Prohibited Acts A, penalties (trafficking in

marijuana, 10 pounds or more, but less than 100

pounds)

44"53"370(e)(2)(a)1 Prohibited Acts A, penalties (trafficking in cocaine,

10 grams or more, but less than 28 grams)

44"53"370(e)(4)(a)1 Prohibited Acts A, penalties (trafficking in

methaqualone, 15 grams or more, but less than 150

grams)

44"53"370(e)(5)(a)1 Prohibited Acts, penalties (trafficking in LSD, 100

dosage units or more, but less than 500 dosage

units)

First offense

44"53"370(e)(6)(a)(1) Prohibited acts, penalties (trafficking in

flunitrazepam, 1 gram but less than 100 grams)

First offense

44"53"370(e)(7)(a) Trafficking in gamma hydroxybutyric acid (first

offense)

44"53"370(e)(8)(a)(i) Trafficking in MDMA or ecstasy, 100 dosage units but

less than 500--First offense

44"53"375(A) Possession of less than one gram of methamphetamine or

cocaine base, third or subsequent offense

44"53"375(C)(1)(a) Trafficking in ice, crank, or crack cocaine 10 grams

or more, but less than 28 grams

First offense

44"53"376(B) Knowingly causing to be disposed any waste from the

production of methamphetamine or knowingly

assisting, soliciting, or conspiring with another to

dispose of the waste, Second Offense

44"53"378 Manufacturing and exposing a child to methamphetamines

44"53"398(H)(5) Possessing, manufacturing, delivering, distributing,

dispensing, administering, purchasing, selling, or

possessing with intent to distribute any substance

that contains any amount of ephedrine or

pseudoephedrine which has been altered from its

original condition, Second Offense

44"53"440 Distribution of controlled substance under Section

44"53"370(a) and (b) to persons under 18 violation

44"53"445(B)(1) Distribution, manufacture, or sale of controlled

substance within proximity of school (other than

crack cocaine)

44"53"1530(1)(b) Distribution of anabolic steroids (second or

subsequent offense)

44"53"1530(4)(b) Possession of anabolic steroids, 100 or more doses

(second or subsequent offense)

44"55"1510 Prohibition of discharge of fumes of acids or similar

substances

44"53"1680(B) Knowingly disclosing information in violation of the

Prescription Monitoring Program

44"53"1680(C) Using prescription monitoring information in a manner

or for a purpose in violation of the Prescription

Monitoring Program

45"2"40(B)(1) Inflicting $500 or more in damages to a lodging

establishment while using or possessing a controlled

substance, beer, wine, or alcohol

46"1"20(1) Stealing crops from the field (value $5,000 or more)

46"1"40(1) Stealing tobacco plants from bed (value $5,000 or

more)

46"1"60(B)(1) Making away with produce before payment (value $5,000

or more)

46"1"70(B)(1) Factors or commission merchants failing to account for

produce (value $5,000 or more)

47"19"120(C)(2) Interference with person performing official duties

under chapter on poultry inspection--use of deadly

weapon in commission of violation

48"23"265(C)(2) Forest products violation second or subsequent offense

(value at least $5,000)

49"1"50(C)(1) Sale of drifted timber, lumber ($5,000 or more value)

50"21"115 Reckless homicide by operation of a boat (reclassified

from Class F felony in 2002)

50"21"130(A)(2) Failure of an operator of a vessel involved in a

collision resulting in great bodily injury to stop

and render assistance

55"1"30(2) Unlawful removing or damaging of airport facility or

equipment when injury results

55"1"40 Unlawful entry of aircraft, damaging, or removing

equipment

56"5"750(C)(1) Failure to stop for a law enforcement vehicle (great

bodily harm occurs)

56"5"1030(B)(2) Interference with traffic-control devices or railroad

sign or signals prohibited--injury results

56"5"1210(A)(2) Failure to stop a vehicle involved in an accident when

great bodily injury results

56"5"2910 Reckless homicide

56"5"4975(C) Operation of unlicensed ambulance without removing

exterior markings, sirens, etc., with intent to

commit terrorist act

56"29"30(A) Unlawful to own, operate, or conduct a chop shop or to

transport or sell a motor vehicle to a chop shop

58"15"850 Breaking and entering or shooting into cars

63"5"70 Unlawful neglect of child or helpless person by legal

custodian

63"5"70(a) Causing harm to a child

63"13"200 Committing certain crimes near a childcare facility

63"19"1670 Furnishing contraband to a juvenile in the custody of

the Department of Juvenile Justice

(F) The following offenses are Class F felonies and the maximum terms established for a Class F felony, as set forth in Section 16-1-20(A), apply:

7"25"50 Bribery at elections

First offense

7"25"60 Procuring or offering to procure votes by bribery

First offense

7"25"190 Illegal conduct at elections generally

8"13"725(B) Public official disclosing confidential

information

8"14"60 Intentional use of a false document in connection

with public employment

8"29"10(F) Intentional use of a false document or aiding in

the use of a false document to obtain a public

benefit

11"48"90(A) Sale or possession of counterfeit cigarettes

12"21"2716 Unlawful manufacture or sale of slugs to be used

in coin-operated devices

12"21"4150 Posing as a bingo player with the intent to

defraud bingo customers

12"21"6040(A) Revealing facts contained in report under

Marijuana and Controlled Substance Tax Act

12"54"44(B)(1) Wilful attempt to evade or defeat tax imposed

12"54"44(B)(2) Wilful failure to collect or truthfully account

for and pay over tax money

12"54"44(B)(6)(a)(i) Wilfully subscribing to false or fraudulent tax

return

12"54"44(B)(6)(a)(ii) Wilfully assisting in false or fraudulent tax

return

12"54"44(B)(6)(b) Violation of prohibition against preparing returns

by person convicted of preparing false return

16"1"55 Accessory after the fact of a Class E felony

16"3"60 Involuntary manslaughter

16"3"95(B) Inflicting great bodily injury on a child by a

person responsible for the child's welfare

16"3"630 Assault of a correctional facility employee

16"3"1040(A) Threatening life, person or family of public

official

16"3"1720(C) Stalking (with prior conviction)

16"3"1730(A) Stalking

16"5"10 Conspiracy against civil rights

16"5"130(1) Penalties for instigating, aiding or participating

in riot--resists enforcement of statute of state

or United States, obstruct public officer,

Carries weapon, etc.

16"8"20(B)(1) Demonstrating the use of a bomb (first offense)

16"8"240(A) Committing or threatening acts of violence with

the intent to coerce, induce, or solicit another

person to participate in gang activity, second

offense

16"9"10(B)(1) Perjury and subordination of perjury

16"9"30 False swearing before persons authorized to

administer oaths

16"9"210 Giving or offering bribes to officers

16"9"230 Acceptance of rebates or extra compensation

16"9"260 Corrupting jurors, arbitrators, umpires, or

referees

16"9"270 Acceptance of bribes by jurors, arbitrators,

umpires, or referees

16"9"460 Movement and harboring intended to further illegal

entry or detection

16"11"20 Making, mending or possessing tools or other

implements capable of being used in crime

16"11"125 Making false claim or statement in support of

claim to obtain insurance benefits for fire or

explosion loss

16"11"130 Burning personal property to defraud insurer

16"11&quo