South Carolina Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

South Carolina classifies felonies as Class A through Class F. Maximum prison terms: Class A felony, not more than thirty years; Class B, not more than twenty-five years; Class C, not more than twenty years; Class D, not more than fifteen years; Class E, not more than ten years; Class F, not more than five years. Certain offenses (for example, murder) are listed as exempt from the classification system and carry the penalties stated in their own statutes.

Classified misdemeanors: Class A misdemeanor, not more than three years; Class B, not more than two years; Class C, not more than one year. All offenses with a term of imprisonment of less than one year are misdemeanors and exempt from the classification system; their penalties (including fines) are set in the individual statutes.

Larceny becomes a felony above $2,000. Property with a value of two thousand dollars or less is petit larceny, a misdemeanor triable in magistrates or municipal court, punishable by a fine of not more than one thousand dollars or imprisonment of not more than thirty days. Larceny of personalty valued in excess of two thousand dollars is grand larceny, a felony, punishable by a fine in the discretion of the court or imprisonment of not more than five years if the value is more than two thousand dollars but less than ten thousand dollars, and not more than ten years if the value is ten thousand dollars or more.

Stand your ground. A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including his place of business, "has no duty to retreat and has the right to stand his ground and meet force with force," including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury when using deadly force against another person who is unlawfully and forcefully entering, or has unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or who is removing or attempting to remove another person against his will from it, if the person using force knows or has reason to believe the unlawful and forcible entry or act is occurring or has occurred. The presumption does not apply if the person against whom force is used has the right to be there or is a lawful resident (such as an owner, lessee, or titleholder); if the person being removed is a child or grandchild of, or otherwise in the lawful custody or guardianship of, the person against whom force is used; if the person using force is engaged in unlawful activity or using the place to further it; or if the person against whom force is used is a law enforcement officer entering in the performance of official duties who identified himself as required or whom the person knew or reasonably should have known was an officer. A person who unlawfully and by force enters or attempts to enter a dwelling, residence, or occupied vehicle (including in violation of an order of protection, restraining order, or bond condition) is presumed to be doing so with the intent to commit an unlawful act involving force. A person who uses deadly force as permitted by the Act is immune from criminal prosecution and civil action for that use of force, unless the person against whom force was used is a law enforcement officer acting in the line of duty who identified himself as an officer; if a court finds a defendant immune in a civil suit, it shall award reasonable attorneys' fees, court costs, compensation for loss of income, and expenses.

A person charged with a noncapital offense is to be released pending trial on his own recognizance at the first appearance unless the court determines that such a release will not reasonably assure the person's appearance as required, or that the person poses an unreasonable danger to the community or an individual. In that case the court may impose conditions such as an appearance bond with approved surety, placement in the custody of a designated person or organization, restrictions on travel, association or residence, or a requirement to return to custody after specified hours. In setting conditions the court may consider the nature and circumstances of the offense, family ties, employment, financial resources, character and mental condition, length of residence in the community, criminal convictions, and any record of flight or failure to appear, and it must consider the person's criminal record, pending and prior charges, incident reports, whether an unlawfully present alien is a substantial flight risk, gang-database status, and whether the person is already on bond for another offense. For a violent offense or firearm felony, bond must be set at the full cash amount. For certain domestic violence offenses (Chapter 25, Title 16) the bond hearing must occur within twenty-four hours after the arrest. Circuit courts may review bonds set by summary court judges.

A person entitled to counsel under the U.S. Constitution who is found by the court to be financially unable to retain counsel is to be provided counsel unless he knowingly and voluntarily waives it. The person must execute an affidavit that he is financially unable to employ counsel, setting forth all his assets. A forty dollar application fee for public defender (or appointed counsel) services must be collected; the clerk of court or other appropriate official may waive or reduce it if the person is unable to pay, and the judge may order the remainder paid during probation. If the person has some assets but not enough to retain private counsel, the court may order the assets or a portion of them paid. In emergencies courts may appoint counsel before the application is completed.

16. Sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age is criminal sexual conduct with a minor in the second degree when the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim (sexual battery with a victim fourteen or younger is criminal sexual conduct with a minor in the first or second degree). Close-in-age provision: "a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age." Second degree is a felony punishable by imprisonment of not more than twenty years.

Possession is a crime; adult-use marijuana is not legal. Possession of twenty-eight grams or one ounce or less of marijuana is a misdemeanor punishable by imprisonment of not more than thirty days or a fine of not less than one hundred dollars nor more than two hundred dollars; a second or subsequent offense is a misdemeanor punishable by imprisonment of not more than one year or a fine of not less than two hundred dollars nor more than one thousand dollars, or both. Conditional discharge may be granted under Section 44-53-450. Ten pounds or more of marijuana is the felony of trafficking in marijuana (first offense for ten to under one hundred pounds: not less than one year nor more than ten years, no part suspended nor probation granted, and a fine of ten thousand dollars).

South Carolina charges assault in degrees under one "assault and battery" statute. Assault and battery in the third degree (unlawfully injuring someone, or offering or attempting to injure someone with the present ability to do so) is a misdemeanor punishable by a fine of not more than $500, up to thirty days in jail, or both. Second degree (an injury or attempt that results in, or could have resulted in, moderate bodily injury, or nonconsensual touching of private parts) is a misdemeanor punishable by a fine up to $2,500, up to three years, or both. First degree (for example, injury during a robbery, burglary, kidnapping or theft, or an attempt by means likely to cause death or great bodily injury) is a felony punishable by up to ten years. Assault and battery of a high and aggravated nature (an injury causing great bodily injury, or done by means likely to produce death or great bodily injury) is a felony punishable by up to twenty years.

South Carolina does not have a separate battery offense; assault and battery are charged together as degrees of "assault and battery" (third degree, second degree, first degree, and high and aggravated nature). Unlawfully injuring another person is assault and battery in the third degree, a misdemeanor punishable by a fine up to $500, up to thirty days, or both, and the degree rises with the level of injury (moderate bodily injury, great bodily injury) or the circumstances.

Causing physical harm or injury to one's own household member, or offering or attempting to do so with apparent present ability, is criminal domestic violence. Third degree is a misdemeanor with a fine of $1,000 to $2,500, up to 90 days, or both. Second degree (moderate bodily injury, one prior domestic violence conviction within ten years, a protection-order violation, or aggravating circumstances such as a minor present, a pregnant victim, impeding the victim's breathing or air flow, or blocking access to a phone to call for help) is a misdemeanor with a fine of $2,500 to $5,000, up to three years, or both. First degree (great bodily injury, two or more prior convictions within ten years, use of a firearm, or those aggravating circumstances during a second-degree offense) is a felony punishable by up to ten years. Domestic violence of a high and aggravated nature (acting with extreme indifference to human life, for example with a deadly weapon or by choking or obstructing the nose or mouth) is a felony punishable by up to twenty years.

Shoplifting of merchandise worth $2,000 or less is a misdemeanor triable in magistrates or municipal court, punishable by a fine of not more than $1,000 or up to thirty days in jail. Shoplifting of more than $2,000 but less than $10,000 is a felony punishable by a fine up to $1,000 or up to five years, or both, and $10,000 or more is a felony punishable by up to ten years. The shoplifting statute has no rule raising a repeat low-value shoplifting offense to a felony; first and second offenses must be reported to SLED so prior records can be checked. Under the civil shoplifting statute, an adult or emancipated minor is liable to the store for the retail price of unrecovered merchandise (up to $1,500) plus a penalty not to exceed the greater of three times the retail price or $150, and never more than $500.

Burglary in the third degree (entering a building without consent intending to commit a crime) is a felony punishable by up to five years for a first offense. Burglary in the second degree is entering a dwelling without consent intending to commit a crime (up to ten years), or entering a building with an aggravating factor such as being armed or causing injury (up to fifteen years). Burglary in the first degree (entering a dwelling with an aggravating factor such as being armed, causing injury, two or more prior burglary convictions, or entry at night) is a felony punishable by life imprisonment or, at the court's discretion, not less than fifteen years. Common law robbery is a felony punishable by up to fifteen years. Armed robbery carries a mandatory minimum of ten years and up to thirty years, with no suspension or probation and no parole until seven years are served; attempted armed robbery carries up to twenty years.

Vandalism is called malicious injury to property in South Carolina (personal property under § 16-11-510; real property, such as defacing a house, fence or tree, under § 16-11-520). Damage worth $2,000 or less is a misdemeanor triable in magistrates or municipal court, punishable by a fine up to $1,000, up to thirty days, or both. Damage worth more than $2,000 but less than $10,000 is a felony punishable by a fine in the court's discretion and/or up to five years, and $10,000 or more is a felony punishable by up to ten years. Graffiti is a separate misdemeanor: a first offense carries a fine up to $1,000 or up to thirty days; a second offense within ten years, up to $2,500 or one year; a third or later offense, up to $3,000 or three years; the court may also order removal or restitution.

Entering a dwelling house, place of business or other premises after being warned not to, or refusing to leave when ordered to by the owner or occupant, is punishable by a fine of not more than $200 or up to thirty days in jail. Entering land posted against trespassing is a misdemeanor with a fine up to $100 or up to thirty days. Entering another's land to hunt, fish or cut timber without permission carries up to $200 or thirty days for a first offense and up to $1,000 or six months for a third or later offense. Entering a walled or fenced private enclosure with closed gates between 6 p.m. and 6 a.m. without being an occupant, owner or invitee is a misdemeanor with a fine of $25 to $200 or up to thirty days.

Simple possession of a Schedule I(b) or (c) narcotic, LSD, or a Schedule II narcotic is, for a first offense, a misdemeanor punishable by up to two years, a fine up to $5,000, or both; a second offense is a felony punishable by up to five years (fine up to $5,000), and a third or later offense a felony with up to five years and/or a $10,000 fine. A first offense of possessing cocaine is a misdemeanor punishable by up to three years and/or a $5,000 fine, as is possessing less than one gram of methamphetamine or cocaine base. Possessing drug paraphernalia brings a civil fine of not more than $500. A person with no prior drug conviction who is found guilty of simple possession may receive a conditional discharge: the court defers judgment and places the person on probation (possibly with treatment), then dismisses the case without a finding of guilt; it can be used only once, requires a $350 fee in general sessions court or $150 in summary court, and allows expungement.

A driver in a crash involving injury or death must stop and give information and aid. Leaving the scene of a crash with injury (not great bodily injury) is a misdemeanor punishable by 30 days to one year in prison, a fine of $100 to $5,000, or both. If great bodily injury results it is a felony punishable by 30 days to ten years and a fine of $5,000 to $10,000; if death results, a felony punishable by one to twenty-five years and a fine of $10,000 to $25,000. The Department of Motor Vehicles must revoke the driver's license of anyone convicted under this section. Leaving the scene of a crash that damages an attended vehicle is a misdemeanor punishable by up to one year or a fine of $100 to $5,000, or both.

Reckless driving is driving a vehicle in a manner that indicates a willful or wanton disregard for the safety of persons or property. It is punishable by a fine of not less than $25 nor more than $200 or up to thirty days in jail. For a second or later offense within five years, the Department of Motor Vehicles must suspend the driver's license for three months.

Harassment in the second degree is a pattern of intentional, substantial and unreasonable intrusion into someone's private life, which can include verbal, written or electronic contact, that would cause a reasonable person mental or emotional distress; it is a misdemeanor punishable by a fine up to $200, up to thirty days, or both (up to $1,000 and one year with a prior harassment or stalking conviction within ten years or a restraining order in effect). Harassment in the first degree (a similar pattern including following, surveillance or property damage) is a misdemeanor punishable by up to $1,000 and three years, and a felony (up to $5,000 and five years) with a prior harassment or stalking conviction within ten years. Stalking is a pattern of words (including electronic communications) or conduct intended to cause, and that does cause, reasonable fear of death, assault, bodily injury, sexual contact, kidnapping or property damage; it is always a felony, punishable by up to $5,000 and five years, up to ten years if a restraining order was in effect, and up to fifteen years with a prior harassment or stalking conviction within ten years.

Resisting or opposing a law enforcement officer in making an arrest is a misdemeanor punishable by a fine of $500 to $1,000, up to one year, or both. Assaulting, beating or wounding an officer while resisting arrest is a felony punishable by a fine of $1,000 to $10,000, up to ten years, or both. Failing to stop for a law enforcement vehicle's blue light and siren is, on a first offense, a misdemeanor punishable by a fine of not less than $500 or imprisonment of not more than three years, plus a license suspension of at least 30 days; a second or later offense, or leading police on a high-speed pursuit, is a felony punishable by up to ten years and a one-year license suspension. If the fleeing driver causes great bodily injury it is a felony punishable by up to fifteen years, and if death results, up to thirty years.

In South Carolina, a person released on bond or recognizance who willfully fails to appear in court as required commits a crime. If the release was on a felony charge (or while awaiting sentencing after a conviction), the penalty is a fine of not more than five thousand dollars, up to five years in prison, or both (listed as a Class F felony). If the release was on a misdemeanor charge carrying a maximum sentence of at least one year, the penalty is a fine of not more than one thousand dollars, up to one year, or both (listed as a Class C misdemeanor).

In South Carolina the court or the probation agent may have a warrant issued for a probationer who violates conditions, and the agent must report the arrest to the judge with a written report of how probation was violated. The person is entitled to be released on bond pending a hearing. When the person is brought before the court, the judge may revoke probation or the suspension of sentence and deal with the case as if there had been no probation, and has discretion to require the person to serve all or only a portion of the suspended sentence; any unserved remainder stays in effect while probation continues.

South Carolina makes it a felony to use threats or force to intimidate or impede a judge, magistrate, juror, witness or potential witness, or other court official in the discharge of duty, or to destroy, impede or obstruct the administration of justice in any court. The penalty is a fine of not more than ten thousand dollars, up to ten years in prison, or both (listed as a Class E felony).

In South Carolina it is perjury to willfully give false, misleading or incomplete testimony under oath in any court, judicial, administrative or regulatory proceeding; it is a felony punishable by a fine in the court's discretion, up to five years in prison, or both (listed as a Class F felony). Willfully giving false, misleading or incomplete information on a document, record, report or form required by state law is a misdemeanor punishable by up to six months or a fine of not less than one hundred dollars, or both. Getting someone else to commit perjury (subornation) is punished the same way.

Being drunk in public is a crime in South Carolina, charged as public disorderly conduct. A person found on any highway or at any public place or gathering in a grossly intoxicated condition is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars or up to thirty days in jail. A first-time offender may be given a conditional discharge (probation, possibly with treatment, without a judgment of guilt) with the solicitor's approval; completing it leads to dismissal without a conviction.

South Carolina's public disorderly conduct law covers being grossly intoxicated or acting in a disorderly or boisterous manner on a highway or at a public place or gathering, using obscene or profane language in public or within hearing of a school or church, and firing a gun near a public road while drunk or pretending to be. It is a misdemeanor punishable by a fine of not more than one hundred dollars or up to thirty days. First-time offenders may receive a conditional discharge with the solicitor's approval.

In South Carolina it is unlawful to willfully, maliciously and indecently expose one's person in a public place, on another's property, or to the view of anyone on a street or highway; breastfeeding is expressly excluded. It is a misdemeanor punishable by a fine in the court's discretion, up to three years in prison, or both (listed as a Class A misdemeanor). A person convicted of indecent exposure must register as a sex offender only if the court makes a specific finding on the record that, based on the circumstances, the person should register.

Engaging in prostitution in South Carolina is a misdemeanor tried in magistrates court: a first offense carries a fine of not more than two hundred dollars or up to thirty days; a second, up to five hundred dollars and/or sixty days; a third or later, up to three thousand dollars and/or one year. Being coerced or a trafficking victim is an affirmative defense, and people under eighteen are immune from prosecution. Buying sex (soliciting or offering money to a prostituted person) is punished more harshly: a misdemeanor with a fine of at least two thousand dollars and up to two years for a first offense, at least three thousand dollars and up to three years for a second, and five to ten thousand dollars and up to five years for a third or later.

South Carolina allows the state-run South Carolina Education Lottery. Otherwise, playing or betting at card or dice games or other gambling tables or devices at a tavern, store, gaming house or other public place is punishable by up to thirty days or a fine of not more than one hundred dollars, and the keeper of the gaming place faces up to twelve months and forfeiture of up to two thousand dollars per offense. Betting at a race track, pool selling or bookmaking (taking bets on contests, elections or chance events) is a misdemeanor punishable by a fine of not more than one thousand dollars, up to six months, or both.

South Carolina charges most embezzlement by employees and others entrusted with property as breach of trust with fraudulent intent, which is treated as larceny. It is a misdemeanor tried in magistrates or municipal court (fine up to one thousand dollars or up to thirty days) if the amount is two thousand dollars or less; a felony with up to five years if more than two thousand but less than ten thousand dollars; and a felony with up to ten years if ten thousand dollars or more. Embezzlement of public funds is a separate offense.

South Carolina's financial identity fraud law covers obtaining someone's identifying information, or using it to access their financial resources, without permission and with intent to take their money, defraud, or get money, property or services by false pretenses. Using another person's identifying information to get a job or avoid identification by police or other agencies is identity fraud. Both are felonies punishable by a fine in the court's discretion, up to ten years in prison, or both, and the court may order restitution. Financial transaction card (credit or debit card) fraud is a misdemeanor (up to one thousand dollars and/or one year) if the value is five hundred dollars or less in a six-month period, and a felony (fine of three to five thousand dollars and/or up to five years) if more.

Forgery in South Carolina includes falsely making, forging or counterfeiting any writing, altering land records, or passing (uttering) a forged writing as true, with intent to defraud. It is a felony punishable by up to ten years if the amount is ten thousand dollars or more, and a felony with up to five years if less; if no dollar amount is involved, it is a misdemeanor punishable by up to three years. Writing a check with intent to defraud when there is no account or not enough money is a separate crime: amounts of one thousand dollars or less are tried in magistrates court (for a first conviction of five hundred dollars or less, a fine of fifty to two hundred dollars or up to thirty days), while larger amounts carry up to two years for a first conviction and up to ten years for a second or later conviction in general sessions court.

Blackmail in South Carolina is accusing someone of a crime, exposing or publishing their personal or business acts, infirmities or failings, or compelling someone to do or not do something against their will, verbally, in writing or electronically, with intent to extort money or anything of value, or threatening or attempting to do so. It is punishable by a fine of not more than five thousand dollars, up to ten years in prison, or both (listed as a Class E felony).

South Carolina does not divide murder into degrees. Murder is the killing of any person with malice aforethought, express or implied. A person convicted of murder must be sentenced to death or to a mandatory minimum of thirty (30) years up to life; 'life' means until death without parole, and no parole, early release or sentence-reducing credits apply. Death may be sought only when a statutory aggravating circumstance is found beyond a reasonable doubt; if the jury does not recommend death, the judge must impose life.

Voluntary manslaughter, the unlawful killing of another without malice, express or implied, is punished by two (2) to thirty (30) years in prison. Involuntary manslaughter requires criminal negligence (reckless disregard of the safety of others) and is punished by up to five (5) years. Reckless vehicular homicide, a death within three years caused by driving in reckless disregard of others' safety, is a felony punished by a $1,000 to $5,000 fine and/or up to ten (10) years, plus a five-year license revocation. Felony DUI resulting in death carries a mandatory $10,100 to $25,100 fine and one (1) to twenty-five (25) years in prison, with no suspension or probation.

A parent, guardian, or person with charge or custody of a child or responsible for the child's welfare who places the child at unreasonable risk of harm to life, physical or mental health or safety, does or causes bodily harm that endangers the child's life or health, or willfully abandons the child commits unlawful conduct toward a child, a felony punished by up to ten (10) years and/or a fine in the court's discretion. Cruelly ill-treating a child or depriving a child of necessary sustenance or shelter (cruelty to children) is a misdemeanor punished by up to 30 days or a $200 fine. A person over 18 who knowingly encourages or causes a minor to break the law or engage in other listed conduct (contributing to the delinquency of a minor) faces up to three (3) years and/or a $3,000 fine.

Willfully and maliciously causing a fire or explosion that damages a building, structure or other listed property and directly or indirectly causes death or serious bodily injury is first-degree arson, punished by at least thirty (30) years. Second-degree arson covers damage to a dwelling, place of worship, school, manufacturing plant or warehouse, business building, institutional facility or other structure designed for human occupancy, punished by three (3) to twenty-five (25) years. Third-degree arson covers other buildings, vehicles, boats, aircraft and personal property, punished by up to fifteen (15) years. Burning property to defraud an insurer is a felony with one (1) to five (5) years, and attempted burning is a felony with up to five (5) years and/or a $10,000 fine.

Knowingly or intentionally overloading, overworking or ill-treating an animal, depriving it of necessary sustenance or shelter, or inflicting unnecessary pain or suffering is a misdemeanor punished by up to 90 days and/or a $100 to $1,000 fine for a first offense, and up to two (2) years and/or up to $2,000 for a later offense. Torturing, tormenting, needlessly mutilating or cruelly killing an animal, or inflicting excessive or repeated unnecessary pain or suffering, is a felony punished by 180 days to five (5) years in prison and a $5,000 fine. A person convicted under the animal cruelty chapter forfeits ownership and custody of the animal and may be ordered to pay its care costs. Fowl and accepted farm, hunting, training and veterinary practices are exempt.

Yes. Disseminating intimate images without consent is intentionally sharing an intimate image or a digitally forged intimate image of another person without that person's effective consent, knowing it was obtained or created where the person had a reasonable expectation of privacy; consenting to the image's creation or sharing it with one person is not consent to further sharing. Done with intent to harm or for profit, it is a felony punished by up to five (5) years and/or a $5,000 fine for a first offense, and one (1) to ten (10) years and/or $10,000 for a later offense (no probation). Without that intent, a first offense is a misdemeanor (up to one year and/or $5,000) and a later offense a felony (up to five years and/or $5,000). Threatening to release sexual images to coerce someone is sexual extortion, a felony of up to five (5) years for a first offense.

Unlawful communication, using a phone or other electronic communication to send obscene or profane messages, threaten an unlawful act, repeatedly contact someone to harass them, or falsely report a death or injury, is a misdemeanor punished by a $100 to $500 fine and/or up to 30 days. The statute does not single out minors.

South Carolina has no statute named sexting. Under the statute on possessing depictions of minors engaging in sexual activity (an adult felony with up to ten years), a minor charged with the offense who has no prior adjudication under that section is guilty only of a misdemeanor heard by the family court, which may order behavioral health counseling. A minor who commits sexual extortion is likewise guilty only of misdemeanor sexual extortion and is sentenced by the family court.

Conducting a financial transaction with property known to be proceeds of unlawful activity, intending to promote unlawful activity or knowing it is designed to conceal or disguise the proceeds, moving such funds into or out of the United States, or dealing in property represented by an officer as criminal proceeds, is a felony graded by the total value of transactions in a 12-month period: over $300 but under $20,000 is a Class F felony (up to 5 years); $20,000 to under $100,000 is a Class E felony (up to 10 years); and $100,000 or more is a Class C felony (up to 20 years). The fine is up to $250,000 or twice the transaction value, whichever is greater ($500,000 or five times the value for a repeat offense), and the person is civilly liable for the greater of the property's value or $10,000.

Trafficking in persons is recruiting, enticing, soliciting, isolating, harboring, transporting, providing or obtaining a victim knowing the victim will be subjected to sex trafficking, forced labor or services, involuntary servitude or debt bondage; it also covers anyone who financially benefits from such a venture and anyone who pays for commercial sex with a known trafficking victim. It is a felony punished by up to fifteen (15) years for a first offense, thirty (30) years for a second and forty-five (45) years for a third or later offense. If the victim is under 18, the maximum is thirty (30) years (forty-five (45) years for a repeat offense). A business owner who uses the business to participate faces up to ten (10) more years per violation.

Pedestrians must obey traffic and pedestrian signals (for example, not entering the roadway against a steady red unless a pedestrian signal allows it, and not starting to cross on 'Wait'). Where signals are not working, drivers must yield to pedestrians in a crosswalk, but pedestrians may not suddenly step into the path of a nearby vehicle. A pedestrian crossing outside a crosswalk must yield to vehicles; between adjacent signalized intersections pedestrians must use a marked crosswalk; and diagonal crossing is barred unless authorized. Where there is no sidewalk, pedestrians must use the shoulder or edge, facing traffic on two-way roads. A violation is a misdemeanor; with no other penalty, it is punished by a fine up to $100 or up to 30 days.

It is a misdemeanor to have beer or wine in an open container in any motor vehicle on a public highway or right of way unless it is in the trunk or luggage compartment; the law applies to any person in the vehicle, with an exception for vehicles legally parked at events with officers directing traffic. The penalty is a fine up to $100 or up to 30 days. Liquor (distilled spirits) with an opened cap or broken seal may be transported only in a trunk, luggage compartment or cargo area separate from the driver's and passengers' compartment; a violation is a misdemeanor with a fine up to $100 and/or up to 30 days.

A person under 21 who buys, attempts to buy, or possesses beer or wine, or who buys or possesses alcoholic liquor or falsely represents their age to get it, commits a misdemeanor punished by a $100 to $200 fine and/or up to 30 days, and must complete an approved alcohol prevention education or intervention program of at least eight hours (cost up to $150). Knowingly giving false age information to buy beer or wine is separately punished by a $100 to $200 fine and/or up to 30 days. These sections do not themselves set a driver's license suspension.

Driving while your license is canceled, suspended or revoked is punished by a $300 fine and/or up to 30 days for a first offense, a $600 fine and/or up to 60 days for a second, and a $1,000 fine and up to 90 days (jail or home detention) for a third or later offense within five years. If the suspension was for DUI or felony DUI, the penalties are a $300 fine or 10 to 30 days (first), a $600 fine or 60 days to six months (second), and a $1,000 fine and six months to three years (third), with no suspension of the minimum. The suspension is extended by an equal period (or three more months if indefinite), and a revoked driver must wait an extra year for a new license.

Driving without a license is punished by a $50 to $100 fine or up to 30 days for a first offense, a $500 fine and/or up to 45 days for a second, and 45 days to six months for a third or later offense; the charge must be dismissed if the person proves they were licensed at the time of the violation. Licensed drivers must carry the license and show it on demand; no points are assessed for a carry violation, and the section sets no separate penalty.

South Carolina's former concealed-weapons statute (§ 16-23-460) was repealed in 2024, and no general ban on carrying knives or blade-length limit for adults was found in the weapons chapter. Carrying a knife with a blade over two inches, a blackjack, metal pipe or pole, or any other weapon that may cause injury or death on elementary or secondary school property is a felony punished by up to five (5) years and/or a $1,000 fine, unless authorized or kept in a closed compartment of an attended or locked vehicle. Visibly displaying a knife during a violent crime adds five (5) years to the sentence.

Consumer fireworks (small devices such as whistling items, ground devices with 50 mg or less of explosive and aerial devices with 130 mg or less) may be sold by licensed retailers, but fireworks may not be sold to anyone under 16, and retail sale and use of small bottle rockets is not legal. Fireworks designed to make a loud report with more than two grains of composition (such as cherry bombs, M-80s and ground salutes) are banned; possessing them is a misdemeanor punished by a fine up to $10,000 and/or up to two (2) years. Property owners may post 'Fireworks Prohibited Zones,' and discharging fireworks in one is a misdemeanor (fine up to $100 or 30 days, then $200). Other violations of the fireworks chapter carry fines starting at up to $200 or 30 days for a first offense.

Kidnapping (unlawfully seizing, confining, luring, decoying, abducting or carrying away another person by any means without legal authority) is a felony punishable by up to 30 years in prison. A parent who takes their own minor child is excluded from this statute. No separate false-imprisonment or unlawful-restraint offense appears in South Carolina's chapter on offenses against the person.

South Carolina's main threat statute protects public officials and employees: threatening the life of, or bodily harm to, a public official, teacher, principal or public employee (or certain family members) is punishable by up to 5 years in prison and/or a fine of up to $5,000 under subsection (A), and a lesser form under subsection (B) by up to 30 days and/or $500. Threatening a vulnerable adult who is the subject of a report, or a witness in such a case, is covered separately.

Taking, using or driving someone else's vehicle without consent with intent to deprive the owner, temporarily or otherwise, is a misdemeanor punishable by up to 3 years; if the taking was only temporary and not connected with any other crime (joyriding), it is a misdemeanor with a fine of up to $500 and/or up to 1 year. Knowingly receiving, possessing, hiding, selling or disposing of a stolen vehicle is graded by the vehicle's value: $2,000 or less, a magistrate-level misdemeanor (up to $1,000 and/or 30 days); more than $2,000 but under $10,000, a felony (up to 5 years); $10,000 or more, a felony (up to 10 years).

Buying, receiving or possessing property one knows or has reason to believe is stolen is graded by value: $2,000 or less is a misdemeanor tried in magistrate or municipal court (up to $1,000 fine and/or 30 days); more than $2,000 but less than $10,000 is a misdemeanor with a fine of at least $1,000 or up to 3 years; $10,000 or more is a felony with a fine of at least $2,000 or up to 10 years. Items received in one transaction count as one offense, and offenses within a 90-day period may be aggregated to set the grade. No one need be convicted of the original theft.

Organized retail crime is two or more people conspiring to steal retail property from a store intending to resell it or put it back into commerce for gain. A first offense is graded by the retail value: $2,000 to $10,000 is a misdemeanor (up to $5,000 fine and/or 3 years); over $10,000 to under $20,000 a felony (up to $10,000 and/or 5 years); over $20,000 to under $50,000 a felony (up to $20,000 and/or 10 years); over $50,000 a felony (up to $50,000 and/or 20 years). A second or later offense is a felony regardless of value (up to $50,000 and/or 20 years), offenses within 90 days may be aggregated, and an aggravated form involving willful damage over $2,000 or bodily injury carries up to 15 years. Property gained from the crime can be forfeited.

Manufacturing, distributing or possessing with intent to distribute a Schedule I or II narcotic (including cocaine) is a felony: up to 15 years and/or $25,000 for a first offense, 5 to 30 years for a second, and 10 to 30 years for a third. Trafficking is set by weight with mandatory ranges that generally cannot be suspended or probated, for example: marijuana 10 to under 100 pounds, 1 to 10 years for a first offense; cocaine 10 to under 28 grams, 3 to 10 years; heroin, other opiates or fentanyl 4 to under 14 grams, 7 to 25 years; methamphetamine or cocaine base 10 to under 28 grams, 3 to 10 years. Higher weights and repeat offenses carry mandatory 25-year terms without parole eligibility (for example, a third cocaine trafficking offense, or 100 grams or more of methamphetamine).

Knowingly or intentionally getting a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge (for example, a forged prescription), or giving false information on required drug records, is a felony punishable by up to 5 years in prison and/or a fine of up to $10,000. Obtaining other prescription-only ('restricted') drugs by fraud, a forged prescription or a false name is a misdemeanor for a first offense (up to 2 years and/or $500) and a felony for a repeat (up to 5 years and/or $2,000). Neither statute uses the term 'doctor shopping.'

Felony driving under the influence is driving under the influence of alcohol or drugs and committing an unlawful act or neglecting a legal duty while driving that proximately causes great bodily injury or death to another person. When great bodily injury results, the penalty is a mandatory fine of $5,100 to $10,100 and 30 days to 15 years in prison; when death results, a fine of $10,100 to $25,100 and 1 to 25 years. No part of the mandatory sentence may be suspended and probation may not be granted. 'Great bodily injury' means injury creating a substantial risk of death or causing serious permanent disfigurement or long-term loss or impairment of a body part or organ.

Taking part in a motor vehicle race or speed contest on a public road is punishable by a fine of $200 to $600 and/or 2 to 6 months in jail, and a driver who is convicted, pleads guilty or forfeits bail has their license revoked for one year. A vehicle owner who knowingly lets someone use the car to race faces a fine of up to $100 and/or up to 30 days, plus a three-month suspension of the owner's license and the vehicle's registration.

Operating a moving motorboat, personal watercraft or sailboat while under the influence of alcohol or drugs to the point that the person's faculties are materially and appreciably impaired is a misdemeanor: a first offense carries a $200 fine or 48 hours to 30 days in jail; a second, $2,000 to $5,000 plus 48 hours to 1 year; a third, $3,500 to $6,000 plus 60 days to 3 years. A blood alcohol level of 0.08% or more allows an inference of being under the influence (0.05% or less creates a conclusive presumption of not being under the influence), and refusing a test suspends boating privileges for 180 days. Causing great bodily injury while boating under the influence is a felony with a mandatory $5,000 to $10,000 fine and 30 days to 15 years; causing death, $10,000 to $25,000 and 1 to 25 years.

Knowingly making a false statement or misrepresentation to obtain an insurance benefit or other economic advantage is graded by the amount gained: under $1,000, a misdemeanor ($100 to $500 fine or up to 30 days); $1,000 to under $10,000, a misdemeanor ($2,000 to $10,000 and/or up to 3 years); $10,000 to under $50,000, a felony ($10,000 to $50,000 and/or up to 5 years); $50,000 or more, a felony ($20,000 to $100,000 and/or up to 10 years). Any second or later violation is a felony at the top tier, and the court must order full restitution. A separate section on presenting false claims to insurers or health plans grades the offense at $2,000 or less (misdemeanor), over $2,000 (felony, up to 5 years) and $10,000 or more (felony, up to 10 years).

Getting or trying to get food stamps (SNAP) by false statements, impersonation, fictitious transfers or other fraud, or illegally acquiring, using or trading benefits (for example for non-food items), is graded by value: $2,000 or less, a misdemeanor in magistrate or municipal court (up to $1,000 and/or 30 days); more than $2,000 but less than $10,000, a felony (up to $500 and/or 5 years); $10,000 or more, a felony (up to $5,000 and/or 10 years). A store that allows prohibited purchases can be barred from the program for up to two years and fined up to $5,000. For Family Independence (TANF) aid, the welfare chapter provides for recovery of overpayments, including by reducing future aid.

Corruptly giving, offering or promising a gift to an executive, legislative or judicial officer to influence an official act, vote, opinion or decision is punishable by up to 5 years in prison, or a fine of up to $3,000 plus up to 1 year in jail. An officer who corruptly accepts a gift or promise in exchange for a vote, decision or appointment faces up to 10 years, or a fine of up to $5,000 plus up to 2 years in jail, forfeits the office and is permanently barred from public office in the state.

Willfully attempting to evade or defeat any South Carolina tax, or willfully failing to collect, account for and pay over a tax, is a felony punishable by a fine of up to $10,000 and/or up to 5 years in prison plus prosecution costs. Willfully failing to file a return, pay tax or keep records is a misdemeanor (up to $10,000 and/or 1 year). Signing a return under penalty of perjury that one does not believe is true, or willfully helping prepare a fraudulent return, is a felony (up to 5 years), and a preparer convicted of helping is banned from preparing returns.

South Carolina calls sexual assault 'criminal sexual conduct' (CSC), defined around 'sexual battery' (sexual intercourse or other intrusion). First-degree CSC (sexual battery with aggravated force, together with kidnapping, robbery or similar crimes, or after drugging the victim without consent) is a felony punishable by up to 30 years. Second-degree CSC (sexual battery by aggravated coercion) is a felony with up to 20 years. Third-degree CSC (sexual battery by force or coercion without aggravating circumstances, or with a victim the actor knows is mentally incapacitated or physically helpless) is a felony with up to 10 years. Sexual battery with a minor is a separate offense; see the age-of-consent page.

Criminal sexual conduct with a minor in the first degree (sexual battery with a child under 11, or with a child under 16 by a person with certain prior sex-offense convictions or registry orders) carries a mandatory minimum of 25 years, which cannot be suspended or replaced with probation, up to life; the under-16 repeat-offender version carries 10 to 30 years, and death is possible in certain repeat cases. Second-degree CSC with a minor (sexual battery with a child 11 to 14, or with a child 14 or 15 by a person in a position of familial, custodial or official authority, or who is older than the victim) is a felony with up to 20 years. Third-degree CSC with a minor (a person over 14 committing a lewd or lascivious act with a child under 16 for sexual gratification) is a felony with up to 15 years, a fine, or both.

South Carolina calls this 'sexual exploitation of a minor' (a minor is under 18), and it covers 'morphed' images altered to appear to show an identifiable minor. First-degree (producing such material, or using a minor in it, including for sale) is a felony with 5 to 20 years, the minimum not suspendable. Second-degree (distributing, receiving, selling, buying, exchanging or soliciting the material) is a felony with 3 to 10 years. Third-degree (knowingly possessing it) is a felony with up to 10 years for 25 or fewer images, 1 to 10 years for 26 to 250, and 2 to 10 years for more than 250. A person already required to register as a sex offender faces an extra 5 years (first degree) or a 5-year minimum (second and third degree).

Yes. Criminal solicitation of a minor (an adult knowingly contacting or communicating with a person under 18, or someone reasonably believed to be under 18, to persuade, induce or entice them into sexual activity or a violent crime) is a felony punishable by up to 10 years, a fine up to $5,000, or both. The minor's consent is a defense only if the minor is 16 or older.

People convicted of listed offenses must register with the county sheriff within one business day of release from custody (within three business days of moving into the state) and report address changes within three business days. The registry is generally for life with in-person registration twice a year, or every 90 days for Tier III offenders and sexually violent predators. Tier I offenders may ask SLED to end registration after 15 years and Tier II offenders after 25 years if they meet the conditions; Tier III offenders may not. Failing to register or give notice is a misdemeanor for a first offense (up to 366 days, a fine up to $1,000, or both), a misdemeanor with a mandatory 366 days for a second offense, and a felony with a mandatory 5 years (3 not suspendable) for a third or later offense.

A person convicted of a crime punishable by more than one year in prison may not possess a firearm or ammunition in South Carolina (business-regulation offenses and misdemeanors punishable by 5 years or less do not count). A first offense carries up to 5 years; a second offense carries a mandatory 5 to 20 years; a third or later offense carries a mandatory 10 to 30 years, and the firearm is confiscated. A conviction that has been expunged, set aside or pardoned, or for which civil rights were restored, does not count unless the pardon or restoration expressly bars firearm possession. Separately, people convicted of a crime of violence may not possess handguns (a felony with up to 5 years, a fine up to $2,000, or both).

It is a computer crime to willfully, knowingly, maliciously and without authorization access a computer to defraud or commit another crime, or to alter, damage or destroy systems, programs or data, or introduce a computer contaminant such as a virus or worm. First-degree computer crime (gain or loss over $10,000) is a felony with up to 5 years, a fine up to $50,000, or both. Second-degree (over $1,000 to $10,000, denial of service for fraud, and similar) is a misdemeanor with up to 1 year and a $10,000 fine for a first offense, up to 2 years and $20,000 for a repeat. Third-degree ($1,000 or less, or unauthorized computer hacking) is a misdemeanor with up to 30 days or a $200 fine for a first offense, up to 2 years and $2,000 for a repeat.

South Carolina is a one-party consent state. A person not acting for the government may record a phone call, electronic communication or in-person conversation if the person is a party to it or one party gave prior consent. Intentionally intercepting a communication otherwise is a felony punishable by up to 5 years in prison or a fine up to $5,000.

Knowingly filing a false police report of a felony is a felony punishable by up to 5 years, a fine up to $1,000, or both; a false report of a misdemeanor is a misdemeanor with up to 30 days, a fine up to $500, or both, and the judge may order restitution for the cost of the investigation. Knowingly making a false complaint about another person to a police officer, or giving false information to a rescue squad or fire department about a health emergency or fire, is a misdemeanor with a fine up to $200 or up to 30 days.

South Carolina still has parole for eligible offenses, while people convicted of 'no parole' offenses serve community supervision instead. For parole, the parole agent issues a warrant or citation, the person may be released on bond for good cause, and the Board of Paroles and Pardons makes the final decision; it may revoke parole and require the person to serve all or part of the unserved sentence, and its decision cannot be appealed. A hearing officer holds preliminary probable-cause hearings and may impose administrative sanctions instead of sending the case for revocation. For community supervision, a General Sessions judge decides; on a willful violation the judge may revoke and impose up to 1 year, followed by up to 2 more years of supervision.

Violating a family court order of protection (or a valid out-of-state domestic violence protection order) is a misdemeanor punishable by up to 30 days in jail and a fine up to $500; the violation may also be punished as contempt of court, with up to 1 year and a fine up to $1,500. Violating a protection order while committing domestic violence raises the charge: to second-degree domestic violence (up to 3 years and a $2,500 to $5,000 fine), first-degree domestic violence (a felony, up to 10 years), or domestic violence of a high and aggravated nature (a felony, up to 20 years), depending on the violence involved.

South Carolina relies mainly on family court transfer ('binding over') after a full investigation and hearing, when keeping the case is contrary to the child's or the public's best interest. A child 14 to 16 charged with a Class A to D felony or a felony carrying 15 years or more, a child 17 charged with a lesser felony or misdemeanor, and a child 14 or older charged with certain weapon or drug-distribution-near-school offenses, or with a 10-year offense after two prior such adjudications, may be transferred. For murder or criminal sexual conduct, the prosecutor may ask for transfer within 30 days of the petition and appeal a denial to circuit court. A 17-year-old charged with a Class A to D felony or a felony carrying 15 years or more is not treated as a child at all and is prosecuted in adult court, though the solicitor may send the case back to family court.

South Carolina has the death penalty. Murder is punished by death or by a mandatory minimum of 30 years to life; when the state seeks death, a separate sentencing hearing is held, and a statutory aggravating circumstance must be found beyond a reasonable doubt. The law also allows death or life imprisonment for a person convicted of first-degree criminal sexual conduct with a minor under 11 who has a prior conviction for the same offense. Execution is by electrocution unless the prisoner elects the firing squad or lethal injection (if available) in writing at least 14 days before the execution date; this method law was rewritten in 2021.

In South Carolina, a person convicted of a felony (or of an election-law offense) cannot register or vote until the disqualification is removed by completing the sentence, including any probation and parole, unless the person is pardoned sooner. Anyone serving a term of imprisonment for a criminal conviction is also disqualified. Once the sentence is complete the person may register again; the statute sets no separate waiting period.

Voting returns after the full sentence, including probation and parole, is completed. A person convicted of a crime punishable by more than one year cannot serve on a jury unless civil rights are restored by pardon or amnesty. A pardon fully restores civil rights lost by the conviction, including voting, jury service, holding public office (with one statutory exception) and occupational licensing. Possessing a firearm or ammunition after a conviction punishable by more than one year is a felony (up to 5 years for a first offense), but the ban does not apply to a conviction that was expunged, set aside or pardoned, or for which civil rights were restored, unless the pardon or restoration says otherwise.

South Carolina's repeat-offender law requires life without parole (unless death is imposed) for a person convicted of a 'most serious offense' (such as murder, kidnapping, criminal sexual conduct, armed robbery, first-degree burglary or first-degree arson) who has one or more prior convictions for a most serious offense, or two or more prior convictions for a 'serious offense'. It also requires life without parole for a conviction of a 'serious offense' (which includes any offense punishable by 30 years or more and other listed felonies such as drug trafficking and first-degree domestic violence) when the person has two or more prior serious or most serious offense convictions. Federal and out-of-state equivalents count.

Psilocybin and psilocyn are Schedule I hallucinogens in South Carolina, and the state has no legal psilocybin program in its controlled substances law. Simple possession of a controlled substance other than those given specific penalties (such as narcotic drugs, LSD, cocaine, fentanyl and marijuana) falls under the general 'any other controlled substance' rule: a misdemeanor punishable by up to 6 months in jail and/or a $1,000 fine for a first offense.

Hemp-derived CBD is legal in South Carolina. State law defines hemp as Cannabis sativa L. with no more than the federally defined delta-9 THC level (0.3% on a dry-weight basis), defines hemp products to include any product with hemp-derived cannabinoids such as CBD (including food for people or animals), and excludes THC in hemp or hemp products from the definition of marijuana. The Hemp Farming Act's licensing rules do not apply to possessing, handling, transporting or selling hemp products and extracts containing CBD.

South Carolina's statute still sets 18 as the minimum age: it is unlawful to sell, give or provide a tobacco product to anyone under 18, and sellers must demand proof of age for tobacco and alternative nicotine products. A seller who knowingly violates the law commits a misdemeanor with a $200 to $300 fine for a first offense and $400 to $500 and/or up to 30 days after that; retailers also face administrative fines and temporary sales bans. A minor who lies about their age to buy tobacco commits a noncriminal offense with a $25 civil fine (or a cessation program or up to 5 hours of community service), with no criminal record.

South Carolina protects 'vulnerable adults' (people 18 or older whose physical or mental condition, including the infirmities of aging, substantially impairs their ability to care for or protect themselves, and all residents of care facilities). Knowingly and wilfully abusing or neglecting a vulnerable adult is a felony punishable by up to 5 years; if it causes great bodily injury, up to 15 years; if it causes death, up to 30 years. Knowingly and wilfully exploiting a vulnerable adult (misusing their money or property) is a felony punishable by up to 5 years and/or a $5,000 fine, with possible restitution. A mandatory reporter who knowingly fails to report is guilty of a misdemeanor.

In South Carolina, being a 'peeping Tom' (spying through windows or doors, including with video or audio equipment, to invade someone's privacy) is a misdemeanor punishable by up to 3 years and/or a $500 fine. Voyeurism (secretly viewing, photographing or recording someone for sexual gratification where they expect privacy) is a misdemeanor with the same penalty for a first offense and a felony punishable by up to 5 years and a $500 to $5,000 fine for a repeat offense. Selling or distributing such images is aggravated voyeurism, a felony punishable by up to 10 years.

In South Carolina, knowingly and wilfully assaulting, beating or wounding a law enforcement officer who is serving legal process, or while resisting an arrest by someone the person knows or should know is an officer, is a felony punishable by up to 10 years and/or a $1,000 to $10,000 fine. Resisting arrest without assault is a misdemeanor (up to 1 year and/or $500 to $1,000). By comparison, third-degree assault and battery (simple assault) is a misdemeanor punishable by up to 30 days and/or a $500 fine.