S.C. Code § 16-1-10

Current through 2024 Act No. 120.
Section 16-1-10 - Categorization of felonies and misdemeanors; exemptions
(A) Felonies are classified, for the purpose of sentencing, into the following six categories:
(1) Class A felonies
(2) Class B felonies
(3) Class C felonies
(4) Class D felonies
(5) Class E felonies
(6) Class F felonies
(B) Misdemeanors are classified, for the purpose of sentencing, into the following three categories:
(1) Class A misdemeanors
(2) Class B misdemeanors
(3) Class C misdemeanors
(C) All offenses with a term of imprisonment of less than one year are misdemeanors and exempt from the classification system.
(D) The following offenses are classified as exempt under subsections (A) and (B):

10-11-325(B)(1)

Detonating an explosive or destructive device or igniting an incendiary device upon the capitol grounds or within the capitol building resulting in death of a person where there was malice aforethought

12-21-6000(B)

Possessing marijuana or controlled substances without appropriate stamps

16-1-40

Accessory before the fact

16-3-10

Murder

16-3-85(C)(1)

Causing the death of a child by abuse or neglect

16-3-210(B)

Assault and battery by mob in the first degree

16-3-655(C)(1)

Engaging in Criminal Sexual Conduct with a minor in the First Degree

16-3-910

Kidnapping (if sentenced for murder)

16-3-1083(A)(2)(a)

Violent crime that carries the death of, or bodily injury to in utero child

16-3-1280

False claim

16-3-2020(B)(3)

Trafficking in persons - 3rd or subsequent offense

16-7-10

Acts considered unlawful in area designated by Governor in emergency-looting

16-7-10(A)(2)

Looting during state of emergency

16-7-425

Student communicating physical threats against another person

16-9-290

Accepting bribes for purposes of procuring public office

16-11-311(B)

Burglary-First degree

16-11-370

Robbery of operators of vehicles for hire

16-11-580(C)(1)

Forest products violation (value more than $1,000 but less than $5,000) 1st offense

16-11-580(D)(1)

Forest products violation (value at least $5,000) - 1st offense

16-11-740(B)(2)(a)

Wilful and malicious injury to telegraph, telephone, or electric utility system - damage amount less than $10,000

16-11-740(B)(2)(b)

Wilful and malicious injury to telegraph, telephone, or electric utility system - damage amount is at least $10,000 but less than $25,000

16-11-740(B)(2)(c)

Wilful and malicious injury to telegraph, telephone, or electric utility system - damage amount is $25,000 or more

16-13-80

Larceny of a bicycle valued more than $2,000

16-13-165(B)(5)

Persons who unknowingly and unintentionally import, manufactures, sells, offers for sale, installs, leases, trades, or transfers a counterfeit or nonfunctioning airbag

16-15-20

Incest

16-15-110(3)

Prostitution-third or subsequent offense

16-17-425

Student communicating physical threats against another person

16-17-735

False assertion of authority of law, in attempt to intimidate or hinder state or local official in discharge of duties, by threats or use of sham legal process.

16-23-715(1)

Use of weapons of mass destruction resulting in death

16-23-715(2)

Use of weapons of mass destruction not resulting in death

16-23-720(A)(1)

Detonating a destructive device or causing an explosion, or aiding, counseling, or procuring an explosion by means of detonation of a destructive device which results in death of a person where there was malice aforethought

23-3-470(B) (1)

Failure of sex offender to register-First offense

23-3-470(B) (2)

Failure of sex offender to register-Second offense

23-36-170(c), (d)

Penalty (violation of South Carolina Explosives Control Act)

23-3-650(C)

Willful disclosure of certain information contained in State DNA Database to a person not entitled to receive it

23-3-650(D)

Willfully obtaining DNA information contained in State DNA Database without authorization

Third, fourth, or subsequent offenses

24-3-580(C)

Disclosing the identity of an execution team member

24-13-430(A)

Inciting prisoners to riot

25-1-2957

Recklessly endangering the life of another

25-7-30

Giving information respecting national or state defense to foreign contacts during war

38-25-330

Violation of a provision contained in the provisions relating to the unauthorized transaction of insurance business

38-41-20

Multiple employer self-insured health plan transacting business without a license

39-15-1190(C)

Knowing and willfully using an object or tool to produce or reproduce a counterfeit mark or possessing an object with intent to produce or reproduce a counterfeit mark

39-22-90(A)(8)

State warehouse system violation

40-55-170(A)

Practicing psychology without being licensed as required by chapter

44-4-530(C)

Failure of persons subject to quarantine to comply

44-4-530(D)

Entry into isolation or quarantine are by unauthorized person

44-41-630(B)

Performing or inducing an abortion where the unborn has a fetal heartbeat

44-41-640(B)(4)(b)

Performing an abortion that is not necessary to save the mother's life

44-41-650(B)

Performing, inducing, or attempting to perform or induce an abortion on a pregnant woman before a physician determines whether the fetus has a detectable heartbeat

44-41-650(C)

Performing an abortion on a woman who is not the victim of rape or incest

44-41-660(C)

Performing an abortion on a woman where an alleged fetal anomaly does not exist

44-41-680(D)

Performing, inducing, or attempting to perform or induce an abortion on a pregnant woman with the intent of terminating the fetus has a detectable heartbeat

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)

44-53-370(e)(9)(a)1

Trafficking in fentanyl 4 grams or more, but less than 14 grams - first offense

44-53-370(e)(9)(a)2

Trafficking in fentanyl 4 grams or more, but less than 14 grams - second or subsequent offense

44-53-370(e)(9)(b)

Trafficking in fentanyl 14 grams or more, but less than 28 grams

44-53-370(e)(9)(c)

Trafficking in fentanyl 28 grams or more

44-53-375(C)(1)(c)

Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams

Third or subsequent offense

44-53-375(C)(2)(c)

Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams

Third or subsequent offense

44-53-375(C)(3)

Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams

44-53-375(C)(4)

Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams

44-53-375(C)(5)

Trafficking in ice, crank, or crack cocaine 400 grams or more

44-53-420

Attempting or conspiring to commit an offense made unlawful by Title 44, Chapter 53, Article 3

46-9-90

State Pest Commission violation, second offense

46-21-655

Seed certification violations

47-3-950

Wrongfully obtaining or exerting unauthorized control over a guide dog or service animal

47-19-120(a)

Interference with person performing official duties under chapter concerning Poultry Products Inspection Law (Violation of Sections 47-19-70 through 47-19-110)

50-11-105(E)

Violation of statute or regulations regarding wildlife disease control and euthanasia

56-5-2780(B)(1)

Unlawfully passing a stopped school bus where great bodily injury results

56-5-2947

Child endangerment

56-5-5670(H)(1)

Unlawful disposal of a vehicle - 2nd or subsequent offense

56-5-5670(H)(2)

Falsifying information on an application, form, or affidavit required for the disposal of a vehicle

56-5-5945(H)(1)

Unlawful disposal of a vehicle - 2nd or subsequent offense

56-5-5945(H)(2)

Falsifying information on an application, form, or affidavit required for the disposal of a vehicle

56-15-590

Failure of a motor vehicle auction to keep required records or make them available for inspection

56-15-870

Injuring a railroad or a electric railway

58-17-4090

Death that results from obstructing a railroad

63-11-90

Violations of provisions contained in Title 63, Chapter 11, Article 1

63-13-170

Violation of childcare facilities requirements

63-13-1080

Childcare operator refusing inspection and violating fire and health safety requirements

S.C. Code § 16-1-10

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

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

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

Code Commissioner's Note

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