2013 South Carolina Code of Laws
Title 16 - Crimes and Offenses
CHAPTER 1 - FELONIES AND MISDEMEANORS; ACCESSORIES
SECTION 16-1-10. Categorization of felonies and misdemeanors; exemptions.


SC Code § 16-1-10 (2013) What's This?

(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(E) 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

16-9-290 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

16-13-80 Larceny of a bicycle valued more than $2,000

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

23-3-470(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

24-13-430(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

44-53-370(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

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)

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

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

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

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