Return to Crimes and Offenses Table of Contents

F.
Offenses Against Property

ALTERING LANDMARKS

Misdemeanor

Code §16-11-680
CDR Code 633

   

Elements Of The Offense:

1.

That the accused did knowingly, willfully, maliciously or fraudulently cut, fell, alter or remove any certain boundary tree or other landmark.

Penalty:

Fine of no more than $100 or imprisonment not to exceed 30 days.

ARSON - FIRST DEGREE

Exempt Felony

Code §16-11-110(A)
CDR Code 3535

Elements Of The Offense:

1.

That the accused willfully and maliciously caused an explosion, set fire to, burned, caused, aided, counseled or procured the burning that resulted in damage to a dwelling house, building, structure, or any property, whether the property of himself or another, which results, either directly or indirectly, in death of a person.

Penalty:

Imprisonment for not less than 30 years.

ARSON - SECOND DEGREE

Class B Felony

Code §16-11-110(B)
CDR Code 2551

Elements Of The Offense:

1.

That the accused willfully and maliciously caused an explosion, set fire to, burned, caused, aided, counseled or procured the burning that resulted in damage to a dwelling house, building, structure or an property, whether the property of himself or another, which results, either directly or indirectly, in serious bodily injury to a person.

Note:

Also, see §16-11-10 for definition of "dwelling house."

Penalty:

Imprisonment for not less than 3 years nor more than 25 years.

ARSON - THIRD DEGREE

Class D Felony

Code §16-11-110(C)
CDR Code 3435

Elements Of The Offense:

1.

That the accused willfully and maliciously caused an explosion, set fire to, burned, caused, aided, counseled or procured the burning that resulted in damage to a dwelling house, building, structure, or any property, whether the property of himself or another, resulting in bodily injury or to a person, or damage to property.

Penalty:

Imprisonment for not more than 15 years.

AVOIDING PAYMENT OF TELEPHONE SERVICES

Class C Misdemeanor

Code §16-13-400
CDR Code 29

Elements Of The Offense:

1.

(a)

That the accused knowingly avoided, in whole or in part, the payment of lawful charges for transmitted communication over the telephone or telegraph,

OR

 

(b)

That the accused attempted to avoid payment,

OR

 

(c)

That the accused caused another to avoid payment.

Note:

Among the ways one may attempt to avoid payment are:

1. Charging services to an existing number or credit card without the lawful holder's permission.
2. Charging services to nonexistent numbers or credit cards, or to numbers and cards which have been suspended, revoked, or cancelled.
3. Using a code or other prearranged scheme to send a message to another.
4. Tampering with telephone/telegraph company facilities or equipment to make a contact with another person.
5. Using any other fraudulent means to deceive the company.

Penalty:

Fine of not more than $1,000, or imprisonment of not more than 1 year, or both.

BOMB THREATS/CONVEYING FALSE INFORMATION REGARDING ATTEMPTED USE OF A DESTRUCTIVE DEVICE

Class D or E Felony

Code §16-23-750
CDR Codes 2780, 2781

Elements Of The Offense:

1.

(a)

That the accused did convey, or causes to be conveyed, or did knowingly convey false information concerning the willful and unlawful attempt to use an explosive or incendiary to injure any person or damage any real or personal property,

OR

 

(b)

That the accused did aid, employ, or conspire with another to do, or cause to be done the above mentioned acts.

Penalty:

1st Offense: Imprisonment for not less than 1 nor more than 10 years;

2nd Offense and Subsequent offenses: Imprisonment for not less than 5 years nor more than 15 years.

A sentence imposed for a violation of this section must not be suspended and probation must not be granted.

BREACH OF TRUST WITH FRAUDULENT INTENT

Misdemeanor, Class E or F Felony

Code §16-13-230
CDR Codes 3422, 3423, 3424

Elements Of The Offense:

1.

That the accused did carry away the personal property of another.

2.

That the property had been placed in his possession in trust.

3.

That the intent of the accused in carrying away that property was to deprive the owner of its use by fraud.

Note:

This crime is an extension of the crime of larceny, having all the elements of larceny except the unlawful taking in the beginning.

Penalty:

If the amount is $2,000 or less, the offense is a misdemeanor and punishable by a fine of $1,000, or imprisonment of not more than 30 days. This offense is triable in the summary courts pursuant to statute. 

If the amount is more than $2,000 but less than $10,000, a felony, punishable by a fine in the discretion of the court or imprisonment for not more than 5 years.

If the amount is $10,000 or more, a felony, punishable by a fine in the discretion of the court or imprisonment for not more than 10 years.

BREAKING INTO AUTOMOBILES, TANKS

Class F Felony

Code §16-13-160
CDR Code 258

Elements Of The Offense:

1.

That the accused did break into, or attempt to break into, a motor vehicle or any compartment thereof, with the intent to steal the same or anything of value therefrom, or attached, or annexed, or used in connection, or in the perpetration of a criminal act,

OR

2.

That the accused did break or attempt to break into any tank, pump, or other vessel where kerosene, gasoline, or lubricating oil is stored or kept, with the intent to steal any such product.

Penalty:

Imprisonment for not more than 5 years or by a fine of not more than $1,000, or both.

BURGLARY - FIRST DEGREE

Exempt Felony

Code §16-11-311
CDR Code 79

Elements Of The Offense:

1.

That the accused did break and enter a dwelling without consent and with the intent to commit any crime and: one or more of the following aggravating circumstances are present:

 

a.

armed with a deadly weapon (either himself or codefendant).

 

b.

causes physical injury to any person who is not a participant in the crime.

 

c.

threatens use of a dangerous instrument.

 

d.

displays what appears to be a knife or firearm.

 

e.

has a prior record of two or more convictions for burglary or housebreaking or a combination of both.

 

f.

enters, remains in, or exits during the nighttime.

Note:

"Dwelling" is defined in §16-11-10 as any house, outhouse, apartment, building, erection, shed or box in which there sleeps a proprietor, tenant, watchman, clerk, laborer or person who lodges there with a view to the protection of the property. This includes any outhouse, building, shed and erection within 200 yards and appurtenant to it. "Dwelling" also means the living quarters of a building which is used or normally used for sleeping, living, or lodging by a person.

Penalty:

Imprisonment for life, but it may be reduced to not less than 15 years. For purposes of this section, "life" means until death.

BURGLARY - SECOND DEGREE

Class D or E Felony

Code §16-11-312
CDR Codes 80, 86

Elements Of The Offense:

1.

That the accused did break and enter a dwelling without consent and with the intent to commit any crime. (no aggravating circumstances are present)

OR

2.

That the accused did break and enter a building without consent and with the intent to commit any crime and one or more of the following aggravating circumstances are present:

 

a.

is armed with a deadly weapon (either himself or codefendant).

 

b.

causes physical injury to a nonparticipant in the crime.

 

c.

threatens use of a dangerous instrument.

 

d.

displays what appears to be a knife or firearm.

 

e.

has a prior record of two or more convictions for burglary or housebreaking or a combination of both.

 

f.

enters, remains in, or exits during the nighttime.

Note:

For a definition of "dwelling," see first degree burglary above. "Building" means any structure, vehicle, watercraft, or aircraft where any person lodges or lives, or where people assemble for business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is both a separate building in itself and a part of the main building.

Penalty:

Imprisonment for not more than 10 years for a violation of Section 16-11-312(A).

Imprisonment for not more than 15 years for a violation of Section 16-11-312(B).

BURGLARY - THIRD DEGREE

Class E or F Felony

Code §16-11-313
CDR Codes 427, 428

Elements Of The Offense:

1.

That the accused did break and enter a building without consent and with the intent to commit any crime.

Penalty:

1st Offense: Imprisonment for not more than 5 years

Second or Subsequent Offense: Imprisonment for not more than 10 years.


BURNING CROPS OR OTHER PERSONAL PROPERTY

Class A Misdemeanor

Code §16-11-140
CDR Code 263

Elements Of The Offense:

1.

(a)

That the accused willfully and maliciously set fire to or did burn or caused to be burned,

OR

 

(b)

That the accused willfully and maliciously did aid, counsel or procure the burning of

2.

Any of the following: (a) barracks, cock, rick or stack of hay, corn, wheat, barley or other grain or vegetable product; (b) field of standing hay or grain of any kind; (c) pile of coal, wood or other fuel; (d) pile of planks, boards, posts, rails or other lumber.

Penalty:

Imprisonment of not more than 3 years.

BURNING LANDS OF ANOTHER

Class C Misdemeanor, Class F Felony

Code §16-11-150
CDR Codes 265, 266

Elements Of The Offense:

1.

That the accused did intentionally set fire to the lands of another, or cause or allow fire to spread to the lands of another, and

2.

That the accused did not have prior written permission of the owner or his agent to do so, and

3.

That because of said act, the land, woods, fields, fences or marshes of another were burned.

Penalty:

1st Offense - fine not more than $1,000 or a sentence of not more than 1 year, or both.

2nd or Subsequent Offense - fine not to exceed $5,000 or a sentence not to exceed 5 years.

BURNING PERSONAL PROPERTY TO DEFRAUD INSURER

Class F Felony

Code §16-11-130
CDR Code 267

Elements Of The Offense:

1.

(a)

That the accused did willfully and with intent to injure or defraud an insurer set fire to or burn or cause to be burned,

OR

 

(b)

That the accused did willfully and with intent to injure or defraud an insurer, aid, counsel, or procure the burning of any goods, wares, merchandise, or other chattels or personal property of any kind whether the property belonged to him or to another person, and

2.

That these said goods, etc., were at the time insured by any person against loss or damage by fire.

Penalty:

Imprisonment for not less than 1 year nor more than 5 years.

CARJACKING

Class B Felony

Code §16-3-1075
CDR Codes 2599, 2600

Elements Of The Offense:

1.

That the accused did take or attempt to take a motor vehicle from another while that person was operating or in the motor vehicle, and

2.

The accused used force and violence or intimidation to take or attempt to take the motor vehicle.

Penalty:

Imprisonment for not more than 20 years.

If great bodily injury results - imprisonment for not more than 30 years. For purposes of this section, "great bodily injury" means bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. §16-3-1075(A).

COLORING OR SALE OF ANIMALS OR BIRDS

Unclassified Misdemeanor

Code §47-1-125
CDR Codes 1643, 1644

Elements Of The Offense:

1.

That the accused artificially colored or dyed any animal or fowl, including but not limited to rabbits, baby chickens, and ducklings,

OR

2.

That the accused brought any such dyed or colored animal or fowl into this State,

OR

3.

That the accused sold, offered for sale, or gave away as merchandising premiums:

 

a.

baby chickens, ducklings, or other fowl under four (4) weeks of age, or

 

b.

rabbits under two (2) months of age to be used as pets, toys or retail premiums.

Note:

This section does not apply to animals or fowl to be used or raised for agricultural purposes by persons with proper facilities to care for them, or for poultry or livestock exhibitions.

Penalty:

Fine of not more than $200 or imprisonment for not more than 30 days.

COMPUTER CRIME

Class A or B Misdemeanor, Class E or F Felony

§16-16-20
CDR Code 426, 681, 534, 745, 1212

Elements of the Crime:

1.

(a)

That the accused did willfully, maliciously, and without authorization did directly or indirectly access or cause to be accessed a computer, computer system, or computer network or introduce a computer contaminant into that computer, computer system, computer program, or computer network for the purpose of

   

(i)

devising or executing any scheme or artifice to defraud;

   

(ii)

obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or

   

(iii)

committing any other crime.

       

OR

 

(b)

That the accused did alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer, system, computer program or computer network.

First Degree

A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by the above or the loss directly or indirectly suffered by the victim exceeds $5,000 dollars. Computer crime in the first degree is a felony.

Penalty:

Fine of not more than $125,000 dollars or imprisoned not more than 10 years, or both.

Second Degree

A person is guilty of computer crime in the second degree, if the amount of gain directly or indirectly derived from the offense or the loss directly or indirectly suffered by the victim is greater than one $1,000 dollars but not more $5,000 dollars. §16-16-20 (3) (a)

OR

That the accused did:

(i)

interfere with, caused to be interfered with, denied or caused to be denied any computer service to an authorized user of the computer service for the purpose of devising or executing any scheme or artifice to defraud, or obtained money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;

(ii)

deprive the owner of possession of, took, transferred, concealed, or retained possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or

(iii)

the gain derived from the offense or loss suffered by the victim cannot reasonably be ascertained.

Penalty:

First Offense - Fine of not more than $10,000 or imprisoned not more than 1 year, or both.

Second or Subsequent Offense - Fine of not more than $20,000 or imprisoned not more than 2 years, or both.

Third Degree

1.

A person is guilty of Computer Crime in third degree if the amount of gain derived from the offense or loss suffered by the victim is not more than $1,000,

OR

2.

That the accused did willfully, knowingly, and without authorization or for an unauthorized purpose engage in computer hacking.

Penalty:

First Offense - Fine not more than $200.00 or imprisoned not more than 30 days.

Second or Subsequent Offense - Fine not more than $2,000 or imprisoned not more than 2 years, or both.

CUTTING, REMOVING OR TRANSPORTING FOREST PRODUCTS WITHOUT CONSENT OF THE LANDOWNER; FRADULENTLY ACQUIRING FOREST PRODUCTS

Class B Misdemeanor, Class E or F Felony

§16-11-580
CDR Codes 337, 647

Elements Of The Offense:

A.

That the accused did knowingly or willfully:

 

1.

cut, destroy or remove any forest products without the consent of the landowner;

 

2.

aid, hire, or counsel another person to cut, destroy, or remove forest products without the consent of the landowner;

 

3.

obtain or acquire forest product under false pretenses or with fraudulent intent; or

 

4.

transport forest products if the person knows that eh forest products have been cut, removed, obtained, or acquired from the property of landowner in violation of the provisions of this subsection.

Note:

"Forest Products" include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, and which are located on any land in this State, whether publicly or privately owned.

Penalty:

If the value of the forest products is $1000 or less, a person is guilty of a misdemeanor and fined not more than $500 or imprisoned for not more than 30 days.

If the value of the forest products is more than $1000 but less than $5000, a person is guilty of a felony and fined in the discretion of the court or imprisoned for not more than 5 years.

If the value of the forest products is $5000 or more, a person is guilty of a felony and fined in the discretion of the court or imprisoned for not more than 10 years.

DAMAGING BY MEANS OF EXPLOSIVE OR INCENDIARY

Class A, B, D or Exempt Felony

Code §16-23-720
CDR Codes 2772-2776, 2937-2938

Elements Of The Offense:

1.

That the accused did intentionally and unlawfully use a destructive device or caused an explosion, or

2.

That the accused did intentionally aid, counsel, solicit another, or procure an explosion by means of the use of a destructive device.

Penalty:

In cases resulting in the death of another person where there was malice aforethought, punishment by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for 30 years.

In cases resulting in the death of another person where there was not malice aforethought, imprisonment not less than 10 years nor more than 30 years.

In cases resulting in injury to a person, imprisonment for not less than 10 years nor more than 25 years.

In cases where there is damage to a building or other real or personal property, penalty of imprisonment for not less than 10 years nor more than 25 years.

OR

That the accused did knowingly possess, manufacture, transport, distribute, or did possess with the intent to distribute a destructive device or any explosive, incendiary device, or over-pressure device or toxic substance or material which has been configured to cause damage, injury, or death, or the accused possessed parts, components, or materials which when assembled constitute a destructive device. §16-23-720 (C)

Penalty:

Imprisonment for not less than 2 years no more than 15 years.

OR

The accused threaten, solicited another to threaten, or conspired to threaten to cause damage, injury, or death or did cause damage to or did destroy a building or other real or personal property by means of destructive device. §16-23-720 (D)

Penalty:

Imprisonment for not more than 15 years

OR

The accused knowingly protected, harbored, or concealed another who is known by the person to have planned, executed, or committed any violation of the provisions of Article 7. §16-23-720(E)

Penalty:

Imprisonment for not more than 15 years

DAMAGING OR TAMPERING WITH VEHICLE

Unclassified Misdemeanor

Code §16-21-90
CDR Code 655

Elements Of The Offense:

A.

1.

That the accused did damage or remove any parts of a vehicle, and

 

2.

That the accused intended to do such acts and had no right to do so,

OR

B.

1.

That the accused without the right and with intent to commit a crime,

 

2.

Tampered with a vehicle or any of its parts, or set or attempted to set it in motion.

Penalty:

Fine of not more than $100 or imprisonment for not more than 30 days, or both. §16-21-130.

DEFRAUDING HOTEL, INN, BOARDINGHOUSE,
ROOMING HOUSE, CAFE, OR RESTAURANT

Unclassified Misdemeanor

Code §45-1-50
CDR Code 273

Elements Of The Offense:

A.

1.

That the accused did obtain food, lodging, or other service or accommodation at a hotel, motel, inn, boarding or rooming house, cafe or restaurant, and

 

2.

That the accused did intentionally abscond without paying for items shown above.

OR

B.

That the accused, while a guest at a hotel, motel, inn, boarding or rooming house, cafe or restaurant, did intentionally defraud the keeper in a transaction arising out of such relationship as guest.

Note:

See §45-1-50(B) for prima facie evidence of intent to defraud.

Penalty:

Fine of not more than $500 or imprisonment for not more than 6 months, or both.

DRIVING VEHICLE THROUGH PLANTED FIELDS

Unclassified Misdemeanor

Code §46-1-131
CDR Code 1606

Elements Of The Offense:

1.

That the accused drove a vehicle through a field which was planted for agricultural or forestry purposes, and

2.

That the accused was unauthorized to do so, and

3.

That he did so in a willful or negligent manner.

Penalty:

Fine of not more than $500 or imprisonment for not more than 90 days.

DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY

Unclassified and Class C Misdemeanor

Code §16-11-700
CDR Code 2322-2326, 635

Elements Of The Offense:

1.

That the accused did dump, throw, drop, deposit, discard or otherwise dispose of litter or other solid waste on any public or private property, or waters in the State, and

2.

(a)

The property on which the waste was deposited was not designated by the State as a waste disposal site or the accused was not authorized to use such property for such purpose, or

 

(b)

The waste was not deposited into a litter receptacle.

Note:

Magistrates and municipal courts are specifically granted trial jurisdiction over the offenses listed in subsections (A), (B), (C), and (D) of §16-11-700.

A prior violation within the meaning of this section means only a violation of this section which occurred within a period of 5 years including and immediately preceding the date of the last violation.

Penalty:

The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is $1,000. In addition to a fine and for each offense under the provision of this item, the court shall also impose a minimum of 5 hours of litter-gathering labor or other form of public service as the court may order which is under the supervision of the court. §16-11-700(C)(2).

The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service not to exceed one hour for each $5.00 of fine imposed. §16- 11-700(C)(3).

In addition to any other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence. §16- 11-700(C)(4).

If amount of litter is less than 15 pounds in weight or 27 cubic feet in volume, a fine of not less than $200 or imprisonment for not more than 30 days for a first or second conviction. Fine of $500.00 or imprisonment for not more than 30 days for a third or subsequent offense. Also, the court shall impose a minimum of 8 hours of litter gathering labor for a first conviction, 16 hours of litter-gathering labor for a second conviction, and 24 hours of litter-gathering labor for a third or subsequent conviction or other form of public service as the court may order and which is under the supervision of the court, as the court may order because of physical or other incapacities. §16-11-700(C)(1).

If amount of litter exceeds 15 pounds in weight or 27 cubic feet in volume, but is less than 500 pounds or 100 cubic feet, a fine of not less than $200 nor more than $500 or imprisonment for not more than 90 days. Section 16-11-700(D).

If amount of litter exceeds 500 pounds in weight or 100 cubic feet in volume, a fine of not less than $500 nor more than $1,000 or imprisonment for not more than 1 year, or both. §16-11-700(E)(1).

EMBEZZLEMENT OF PUBLIC FUNDS

Class E or F Felony

Code §16-13-210
CDR Code 3459, 3460

Elements Of The Offense:

1.

That the accused was an officer or other person charged with the safekeeping, transfer, and disbursement of any public funds, and

2.

That the accused did embezzle those funds.

Note:

1.

Embezzlement is the fraudulent appropriation or conversion, by an official, of money or property entrusted to him. Conversion is any exercise of ownership which is inconsistent with the owner's right.

2.

§16-13-220 states that when evidence tending to prove such officer or other person has received public funds and failed to account for the funds as required by law, it is permissible to infer that the funds have been fraudulently appropriated by such person. The burden to show otherwise is upon the accused.

Penalty:

If the amount of the embezzled funds is less than $10,000: fine in the discretion of the court (to be proportioned to the amount embezzled) and imprisonment of not more than 5 years.

If the amount of the embezzled funds is $10,000 or more: fine in the discretion of the court (to be proportioned to the amount embezzled) and imprisonment of not more than 10 years.

ENTERING BANK TO STEAL

Class A Felony

Code §16-11-380
CDR Code 257

Elements Of The Offense:

1.

That the accused did enter any building or part of a building occupied as a bank, depository, building and loan association, and

2.

That the intent of the entry was to steal any money or securities for money, either by force, intimidation or threats.

Penalty:

Imprisonment for not more than 30 years.

ENTERING HOUSE WITHOUT BREAKING

Class E Felony

Code §16-13-170
CDR Code 171

Elements Of The Offense:

A.

1.

That the accused did enter, or attempt to enter, without breaking, any house or vessel whatsoever with the intent to steal or commit any other crime therein,

OR

B.

That the accused did conceal himself within any house or vessel with the intent to commit the act of stealing or any crime therein.

Penalty:

Fine in the discretion of the court or imprisonment for not more than 10 years, or both.

ENTERING PREMISES AFTER WARNING
OR REFUSING TO LEAVE ON REQUEST

Unclassified Misdemeanor

Code §16-11-620
CDR Code 1167

Elements Of The Offense:

1.

That the accused, without legal cause or good excuse, did enter a dwelling, place of business or the premises of another person.

2.

(a)

That the accused had been warned not to enter such premises,

OR

 

(b)

That the accused, without good cause or good excuse, fails or refuses to leave immediately after having been requested to do so by the person in possession of such premises, or by his agent or representative.

Note:

This section may not be construed to deprive a person of his civil rights as guaranteed by the Civil Rights Act of 1964.

Penalty:

Fine of not more than $200 or imprisonment for not more than 30 days.

ENTRY ON ANOTHER'S LAND AFTER NOTICE

Unclassified Misdemeanor

Code §16-11-600
CDR Code 2320

Elements Of The Offense:

1.

That the accused did enter the lands of another, and

2.

That the accused was on notice that such entry was prohibited.

Note:

It shall be sufficient notice for this statute, if a landowner posts signs in four conspicuous places on the borders of his land prohibiting entry thereon. The word entry means an occupancy or possession contrary to the wishes of the person in rightful possession of such lands. It is not necessary that such person have legal title to such lands.

Penalty:

Fine of not more than $100 or imprisonment for not more than 30 days.

REFUSING TO LEAVE CERTAIN PUBLIC PREMISES
DURING HOURS WHEN THEY ARE REGULARLY CLOSED

Unclassified Misdemeanor

Code §16-11-630
CDR Code 1168

Elements Of The Offense:

1.

That the accused did refuse to leave the premises owned or occupied by a state, county or municipal agency during those hours of the day or night when the premises are regularly closed to the public.

2.

That such refusal or failure to leave the premises was without justifiable cause.

3.

That request to leave was made by a law-enforcement officer or guard, watchman or custodian responsible for security or care of the premises.

Penalty:

Fine of not more than $100 or imprisonment for not more than 30 days.

ENTRY ON ANOTHER'S LANDS FOR VARIOUS PURPOSES
WITHOUT PERMISSION

Unclassified Misdemeanor

Code §16-11-610
CDR Codes 340, 652, 653

Elements Of The Offense:

1.

That the accused did enter the lands of another for the purpose of hunting, fishing, trapping, netting, gathering fruit, wild flowers, cultivated flowers, shrubbery, straw, turf, vegetables, herbs, or cutting timber, and

2.

That such entry was made without the permission of the owner or manager of the lands.

Note:

Magistrates and municipal judges to report convictions to SLED.

Penalty:

1st Offense - fine of not more than $200 or imprisonment for not more than 30 days.

2nd Offense - Fine of not less than $100 nor more than $200 or imprisonment for not more than 30 days.

3rd & Subsequent Offense - Fine of not less that $500 nor more than $1,000 or imprisonment for not more than 6 months or both.

FAILURE TO RETURN RENTED OBJECTS;
FRAUDULENT APPROPRIATION OF SUCH

Misdemeanor, Class E or F Felony

Code §16-13-420
CDR Codes 3479, 3480, 3481

Elements Of The Offense:

1.

That the accused did have in his possession and under his control by virtue of a lease or rental agreement any property

2.

(a)

That the accused did willfully and fraudulently fail to return any of the said items within seventy-two hours after the lease or rental agreement expired,

OR

 

(b)

That the accused did fraudulently secrete or appropriate the property to any use not within the rental agreement.

Note:

This section does not apply to lease-purchase agreements or conditional sales contracts.

Penalty:

If the value of the leased or rented item is $2,000 or less; fine of not more than $1,000, or imprisonment for not more than 30 days, or both. This offense is triable in the summary courts pursuant to statute. 

Third and subsequent offenses involving property valued at $2,000 or less are general sessions offenses (See §16-1-57).

If the value of the item is more than $2,000 but less than $10,000; a fine in the discretion of the court or imprisonment for not more than 5 years, or both.

If the value of the item is $10,000 or more; fine in the discretion of the court or imprisonment for not more than 10 years, or both.

FALSE REPORTS OF STOLEN OR CONVERTED VEHICLES

Unclassified Misdemeanor

Code §16-21-100
CDR Code 645

Elements Of The Offense:

1.

That the accused falsely reported the theft or conversion of a vehicle to a peace officer, and

2.

That the accused made such a report knowing it to be false.

Penalty:

Fine of not more than $100 or imprisonment for not more than 30 days, or both. (§16-21-130).

OBTAINING PROPERTY UNDER FALSE TOKENS OR LETTERS

Misdemeanor/Class E or F Felony

Code §16-13-260
CDR Codes 3472, 3473, 3474

Elements Of The Offense:

1.

That the accused did falsely and deceitfully obtain any money, goods, chattels, jewels, or other things of any other person by color and means of any false token or counterfeit letter made in any other person's name.

Penalty:

If the value of the property is $2,000 or less; fine of not more than $1,000, or imprisonment of not more than 30 days, or both.

If the value of the item is more than $2,000 but less than $10,000; fine in the discretion of the court or imprisonment for not more than 5 years, or both.

If the value of the property is $10,000 or more; fine in the discretion of the court or imprisonment for not more than 10 years or both.

FORGERY

Misdemeanor Class A, Class E or F Felony

Code §16-13-10
CDR Codes 488, 3436, 3437

Elements Of The Offense:

1.

That the accused did falsely make, forge, or counterfeit; or cause or procure to be falsely make, forged, or counterfeited, or willfully acted or assisted in the false making, forging or counterfeiting of any writing or instrument of writing;

2.

That the accused represented or intended the instrument to be published as a genuine instrument, and

3.

That the accused intended to defraud a person.

Note:

Forgery includes the making, forging or counterfeiting, or so causing, or uttering or publishing, or altering, changing, defacing, or erasing, or so causing these, to an instrument or writing, or record, or plat of land, or willingly acting or assisting in any of these.

Penalty:

If the forgery does not involve a dollar amount; fine in the discretion of the court or imprisonment for not more than 3 years, or both.  This offense is triable in the summary courts pursuant to statute. 

If the amount of the forgery is less than $10,000; fine in the discretion of the court or imprisonment for not more than 5 years, or both.

If the amount of the forgery is more than $10,000; fine in the discretion of the court or imprisonment for not more than 10 years, or both.

GASOLINE, UNLAWFUL TO DISPENSE WITHOUT PAYMENT

Unclassified Misdemeanor

Code §16-13-185
CDR Code 2814

Elements of the Offense:

1.

That the accused did intentionally drive a motor vehicle from the premises of an establishment at which gasoline offered for retail sale was dispensed into the fuel tank without making payment for the gasoline;

Penalty:

Fine of not more than $500 or imprisoned not more than 30 days, or both; and at the discretion of the sentencing judge, the person's driver license may be suspended for a period not to exceed 30 days for a first offense and for a period not to exceed 90 days for a second or subsequent offense.

GRAND LARCENY

Class E or F Felony

Code §16-13-30(B)
CDR Codes 3420, 3421

Elements Of The Offense:

1.

That the accused did take goods, chattels, instruments, or other personality of which by law larceny may be committed; and

2.

That the accused intended to convert the personal property to a use other than that of the owner, without the owner's consent, and

3.

That the value of the thing taken was over $2,000.

Penalty:

Fine in the discretion of the court or imprisonment for not more than:

1.

5 years if the value of the personalty is more than $2,000 but less than $10,000.

2.

10 years if the value of personalty is $10,000 or more.

ILL-TREATMENT OF ANIMALS

Class B Misdemeanor
Class F Felony

Code §47-1-40
CDR Codes 3789, 3790

Elements Of The Offense:

A.

That the accused overloaded, overdrove, overworked, tortured, tormented, needlessly mutilated, cruelly killed, ill-treated or deprived of necessary food or shelter any animal,

OR

B.

That the accused tortured, tormented, needlessly mutilated. cruelly killed, or inflicted any unnecessary pain or suffering upon any animal,

Note:

"Malicious injury to animals," §16-11-510 covers willful, unlawful and malicious injuries to animals of another.

Penalty:

For a violation of "A" above:

1st Offense - Imprisonment not exceeding 90 days or a fine not less than $100 nor more than $1,000, or both.

2nd or Subsequent Offense - Imprisonment not exceeding 2 years or a fine not exceeding $2,000, or both.

For a violation of "B" above - Imprisonment of not less than 180 days and not exceeding 5 years, and by a fine of $5,000.

INJURY OR DESTRUCTION OF BUILDINGS OR CROPS BY TENANT

Class A Misdemeanor

Code §16-11-570
CDR Code 613

Elements Of The Offense:

1.

That the accused was a tenant, and

2.

That the accused did willfully and maliciously cut, deface, mutilate, burn, destroy, or otherwise injure any dwelling house, building or crops in his possession.

Penalty:

Fine in the discretion of the court, or imprisonment for not more than 3 years, or both.

LARCENY OF BICYCLES

Unclassified Misdemeanor

Code §16-13-80
CDR Codes 3457, 3458

Elements Of The Offense:

1.

That the accused, without consent of the owner, did take and carry away any bicycle, and

2.

That the accused intended to convert the bicycle to a use other than that of the owner.

Penalty:

If the value of the bicycle is less than $2,000, a fine of not more than $1,000 or imprisonment for not more than 30 days.

If the value of the bicycle is $2,000 or more, punishment is in the discretion of the court.

LARCENY OF LIVESTOCK

Misdemeanor, Class E or F Felony

Code §16-13-50
CDR Codes 3445, 3446, 3447

Elements Of The Offense:

1.

That the accused, without the consent of the owner, did take and carry away any horse, mule, cow, hog, or any other livestock, and

2.

That the accused intended to convert the livestock to a use other than that of the owner.

Note:

A motor vehicle or other chattel used by or found in possession of a person engaged in the commission of this offense must be confiscated and sold pursuant to §27-21-10.

Penalty:

If the value of the livestock is $2,000 or less, the offense is a misdemeanor and punishable by a fine of not more than $1,000 or not more than 30 days imprisonment, or both.  This offense is triable in the summary courts pursuant to statute. 

If the value of the livestock is more than $2,000 but less than $10,000, a felony, punishable by imprisonment for not more than 10 years or a fine in the discretion of the court.

If the value of the livestock is $10,000 or more, a felony, punishable by imprisonment for not more than 10 years or a fine in the discretion of the court.

MALICIOUS INJURY /INTERFERENCE WITH MICROWAVE RADIO
OR TELEVISION FACILITIES

Class C Misdemeanor

Code §16-11-730
CDR Code 720

Elements Of The Offense:

1.

(a)

That the accused did willfully or maliciously break, injure, or otherwise damage any posts, wires, towers, or other materials employed in the construction or use of any line of a television coaxial cable, or a microwave radio system or a community antenna television system,

OR

 

(b)

That the accused did willfully or maliciously interfere with any of the above named structures,

OR

 

(c)

That the accused in any way did attempt to lead from its uses or make use of the electrical signal from such structures.

Penalty:

Fine not to exceed $1,000 or imprisonment for not more than one year, or both, in the discretion of the court.

MALICIOUS INJURY TO PLACE OF WORSHIP

Class E Felony

Code §16-11-535
CDR Code 2458

Elements Of The Offense:

1.

That the accused did willfully, unlawfully and maliciously vandalize, deface, damage, or destroy any place, structure, or building of worship or aid, agree with, employ, or conspire with any person to do or cause to be done any of the acts mentioned above

Penalty:

Fine of not more than $10,000, imprisonment for not less than 6 months nor more than 10 years or both.

MALICIOUS INJURY TO ANIMALS AND TO PROPERTY

Misdemeanor, Class E or F Felony

Code §§16-11-510 and 16-11-520
CDR Codes 3415-3417, 3428-3430

Elements Of The Offense:

1.

That the accused did willfully, unlawfully and maliciously injured the property of another.

Note:

Section 16-11-510 refers to personal property, such as horse, mule, cattle, or any kind of goods and chattels of another, other than real property. Section 16-11-520 refers to real property, such as trees, houses, fences or fixtures.

Penalty:

If the injury or damage to property is $2,000 or less, the offense is punishable by a fine of not more than $1,000, or imprisonment for not more than 30 days, or both.  This offense is triable in the summary courts pursuant to statute. 

If the injury or damage to property is more than $2,000 but less than $10,000; fine in the discretion of the court or imprisonment for not more than 5 years, or both.

If the injury or damage to property is $10,000 or more; fine in the discretion of the court or imprisonment for not more than 10 years, or both.

OBTAINING SIGNATURE OR PROPERTY BY FALSE PRETENSE

Misdemeanor, Class E or F Felony

Code §16-13-240
CDR Codes 3469, 3470, 3471

Elements Of The Offense:

1.

That the accused did obtain the signature of a person to a written instrument or did obtain property by false representation of a material fact, and

2.

That the accused knew the representation to be false, and

3.

That the representation was of a present or past fact, and

4.

That the person from whom the goods were obtained relied upon the representation to be true, and

5.

That the accused did intend to cheat or defraud the person from whom the goods were obtained.

Note:

A promise to do something in the future cannot constitute the basis of a prosecution for obtaining goods under false pretenses.  A postdated check is a promise to pay at a future time.  State v. McCutcheon, 284 SC 524, 327 S.E.2d 372 (Ct. App. 1985).

If actual representation or one by necessary implication is made, that one has authority, power or authority to do an act or acts, then even though act or acts were to take place in future, representation, if made, of authority, power or ability to perform such act or acts constitutes a false pretense if other elements are established.  State v. Love, 271 S.E.2d 110 (1980).

A mere opinion is not false pretense.  State v. Stone, 79 S.E. 108 (1913).

An indictment, charging obtaining money by false pretenses, is not sustained by proof of obtaining the satisfaction of a debt by false representation of the value of the property given in satisfaction.  State v. Daniel, 65 S.E. 236 (1909).

Penalty:

If the value of the property is $2,000 or less; fine of $1,000 or imprisonment for not more than 30 days.  This offense is triable in the summary courts pursuant to statute. 

If the value of the property is more than $2,000 but less than $10,000; fine in the discretion of the court or imprisonment for not more than 5 years.

If the value of the property is $10,000 or more; fine of not more than $500 dollars and imprisonment for not more than 10 years.

PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION

Unclassified Misdemeanor

Code §16-11-760
CDR Code 2329

Elements Of The Offense:

1.

That the accused did park a vehicle on the private property of another, and

2.

That the accused did such without the owner's consent, and

3.

That the owner has posted a notice prohibiting such parking around the borders of his property near each entrance.

Note:

Proof of the posting of private property shall be deemed conclusive notice against the person parking his vehicle where prohibited.

The vehicle may be towed away and stored at the vehicle owner's expense, with the towing and storage charge constituting a lien against the vehicle. After 30 days, and after written notice by certified mail has been sent to the owner's last known address informing him that the towing and storage charges are due, the vehicle shall be sold pursuant to §29-15-10 by a magistrate in the county in which the vehicle was towed or stored.

Penalty:

In addition to other remedies authorized by section, fine not less than $25 and not more than $100 or imprisonment not exceeding 30 days.

PETIT LARCENY

Unclassified Misdemeanor

Code §16-13-30(A)
CDR Code 3419

Elements Of The Offense:

1.

(a)

That the accused without consent of the owner, did take certain goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law, larceny may be committed, or

 

(b)

That the accused did take any fixture, part, or product of the soil severed from the soil by an unlawful act, and

2.

That the accused intended to convert the personal property to a use other than that of the owner, and

3.

That the value of the thing taken was $2,000 or less

Penalty:

Fine of $1,000, or imprisonment for not more than 30 days.  This offense is triable in the summary courts pursuant to statute. 

PURSE SNATCHING

Class A Misdemeanor

Code §16-13-150
CDR Code 129

Elements Of The Offense:

1.

That the accused did snatch suddenly and carry away from the person of another a purse or other thing of value, and

2.

The accused did intend to deprive the owner or person in lawful possession of such article.

Note:

Purse snatching involves an awareness of the theft by the victim. If the owner's grasp was firm enough to foil the first attempt to snatch, and the thief did not gain possession until after a struggle, the offense is robbery. If the "snatcher" uses violence or intimidation, the accused should be charged with robbery, not purse snatching.

Penalty:

Imprisonment for not more than 3 years.

RECEIVING STOLEN GOODS

Misdemeanor, Class E or F Felony

Code §16-13-180
CDR Codes 3425, 3740, 3427, 3741, 3742, 3743

Elements Of The Offense:

1.

That the accused did buy, receive, or possess goods chattels or other property which has been stolen or taken by any person, and<

2.

That the accused did so knowing or having reason to know the same to have been stolen

   
  OR
   
3. That the accused did knowingly receive or possess property from an agent of a law enforcement agency that was represented to the person by the same or other agent of the law enforcement agency as stolen.

Note:

It is not material to this violation whether or not the principal felon has been convicted or is amenable to justice. State v. Tindall, 213 S.C. 484, 50 S.E. 2d 188 (1948).

If the property is, in fact, stolen, one who receives it does so with knowledge if he either (1) knows it to be stolen, or (2) reasonably believes it to be stolen, or (3) has his suspicions aroused and refuses to investigate for fear he will discover that it has been stolen.

The person receiving or possessing the property need not know the person is receiving or has received the property from an agent of a law enforcement agency, and the property need not be actually stolen.

The receipt of multiple items in a single transaction or event constitutes a single offense. §16-13-180(D).

Multiple offenses occurring within a ninety-day period may be aggregated into a single count with the aggregated value used to determine whether the violation is a misdemeanor or felony as provided in subsection (C). §16-13-180 (E).

Penalty:

If the value of the property is $2,000 or less, the offense is a misdemeanor and punishable by a fine of $1,000, or imprisonment 30 days. This offense is triable in the summary courts pursuant to statute.

If the value of the property is more than $2,000 but less than $10,000, a misdemeanor, punishable by a fine of not less than $1,000 or imprisonment for not more than 3 years.

If the value of the property is $10,000 or more, a felony, punishable by a fine of not less than $2,000 or imprisonment for not more than 10 years.

ROBBERY ON TRAINS

Class C Felony

Code §16-11-360
CDR Code 140

Elements Of The Offense:

1.

That the accused did enter upon any locomotive engine or car on any railroad in this State, and

2.

That the accused did, by threats, exhibition of deadly weapons, or the discharge of any pistol or gun, induce or compel any person to surrender anything of value.

Note:

See §16-11-350 for the crime of train robbery by stopping train.

Penalty:

Imprisonment for not less than 10 nor more than 20 years.

ROBBERY - OPERATORS OF VEHICLES FOR HIRE

Class B Felony

Code §16-11-370
CDR Code 328

Elements Of The Offense:

1.

That the accused was armed with a pistol, dirk, slingshot, metal knuckles, razor or other deadly weapon, and

2.

That the accused robbed or attempted to rob a person operating a motor vehicle for the transportation of paying passengers.

Penalty:

For robbery - imprisonment for not less than 10 years or more than 30 years, no part of which may be suspended. [§16-11-330(A)].

For attempted robbery - imprisonment for not more than 20 years. [§16-11-330(B)].

ROBBERY WHILE ARMED WITH A DEADLY WEAPON

Class A or C Felony

Code §16-11-330
CDR Codes 26, 139

Elements Of The Offense:

1.

That the accused did commit robbery from the person of another or in his presence, and

2.

That the accused did use or threaten to use force and violence,

OR

3.

That the person robbed was put in fear by the use or threat of force and violence, and

4.

That the accused was armed with a deadly weapon or the accused alleged by actions or words that he was armed by using a representation of a deadly weapon which a person would reasonably believe is a deadly weapon.

Note:

The weapon has been defined as pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon.

Penalty:

For Robbery - imprisonment for a mandatory minimum term of not less than 10 years nor more than 30 years, no part of which may be suspended. [§16-11-330(A)].

For Attempted robbery - imprisonment for not more than 20 years. [§16-11-330(B)].

SAFECRACKING

Class A Felony

Code §16-11-390
CDR Code 141

Elements Of The Offense:

1.

That the accused used explosives, tools, or any other implement in or about a safe used for keeping money or other valuables, and

2.

That the intent of the accused in said act was to commit larceny or any other crime.

Penalty:

Imprisonment for not more than 30 years.

SHOPLIFTING

Misdemeanor, Class E & F Felony

Code §16-13-110
CDR Codes 528-530

Elements of the offense:

1.

That the accused did willfully:

 

a.

Take possession of, carry away, transfer from one person to another, or from one area of a store to another, or cause to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment.

OR

 

b.

Alter, transfer, or remove any label, price tag marking, indicia of value or other value-related markings of any merchandise displayed, held, stored, or offered for sale.

OR

 

c.

Transfer any such merchandise from the container in which it is displayed to any other container.

AND

2.

That by any of the above actions the accused did intend to deprive the merchant of the possession, use or benefit of such merchandise without paying full retail value.

Penalty:

If the value of the shoplifted merchandise is $2,000 or less; fine of not more than $1,000 or imprisonment for not more than 30 days. This offense is triable in the summary courts pursuant to statute. 

If the value of the goods is more than $2,000 but less than $10,000; fine of not more than $1,000 or imprisonment for not more than 5 years, or both.

If the value of the goods is $10,000 or more; imprisonment for not more than 10 years.

STEALING DOGS

Unclassified Misdemeanor

Code §16-13-60
CDR Code 332

Elements Of The Offense:

1.

That the accused did unlawfully take and carry away a dog, and

2.

That another person has a right of property in that dog.

Penalty:

Fine not to exceed $500 or imprisonment not to exceed 6 months, or both.

SWINDLING

Unclassified Misdemeanor

Code §16-13-320
CDR Code 150

Elements Of The Offense:

1.

(a)

That the accused did entice any person to play at cards, dice, or any other game involving bets and wagers.

OR

 

(b)

That the accused enticed another to share a part in the stakes or wagers involved in such a game.

OR

 

(c)

That the accused sold or exposed to sale any kind of property which had already been sold or exchanged.

OR

 

(d)

That the accused did cheat another person by any other form of cunning or deception that caused an ignorant or unwary person to lose money or property.

Note:

The use of paper to represent a bank bill and the obtaining of property from an ignorant person under threat of prosecution have each been held to be within the framework of this statute. The selling of a promissory note, knowing that it was paid but representing that it was unpaid, was not an indictable offense under this law.

Penalty:

Fine at the discretion of the judge, plus refund to the aggrieved party double the amount of the loss. If the fine is not paid immediately, with costs, the defendant shall be imprisoned for not more than 6 months, unless the fine is paid before this term expires.

TAMPERING WITH UTILITY METERS

Class A Misdemeanor

Code §16-13-385
CDR Codes 728, 1197

Elements Of The Offense:

1.

That the accused did alter, tamper with, or bypass a meter which measures the use of electricity, gas or water.

Note:

Any meter which is found that has been tampered with so that use of electricity, gas, or water is not recorded, or inaccurately measured shall constitute prima facie evidence that the person in whose name the meter was installed or the person for whose benefit the electricity, gas, or water was diverted from the meter caused it to be diverted.

Penalty:

1st offense - Fine of not more than $500 or imprisonment for not more than 30 days.

2nd or subsequent offense - fine of not more than $10,000 or imprisonment for not more than 3 years, or both.

THEFT OF ELECTRIC CURRENT

Unclassified, Class A Misdemeanor

Code §16-13-380
CDR Codes 1195-1196, 2452

Elements Of The Offense:

1.

That the accused, or an agent of the accused, had no contract, agreement, license, or permission with or from any person authorized to manufacture, sell, or use electricity for the purpose of light, heat, or power, and

2.

That the accused willfully withdrew or caused to be withdrawn the current from the wires of the person authorized to manufacture, sell, or use electricity.

Note:

Any person aiding, abetting, or assisting the accused in withdrawing current from the wires must be punished in the same manner as the accused.

Penalty:

First offense: imprisonment for not more than 30 days or fine of not more than $500.

Second or subsequent offense - imprisonment for not more than 3 years or fine of not more than $10,000, or both.

TOOLS FOR CRIMINAL USE

Class F Felony

Code §16-11-20
CDR Code 124

Elements Of The Offense:

1.

That the accused did make, mend, cause to be made or mended, or did possess any instrument, implement or other thing, adapted, designed, or commonly used for the commission of burglary, larceny, safecracking or other crime, and

2.

That the circumstances did evince an intent to use or employ or allow the instrument to be used or employed in the commission of a crime, or knew the same was to be so used.

Note:

Such instrument shall mean any engine, machine, tool, false key, picklock, bit, nippers, nitroglycerine, dynamite cap, coil or fuse, steel wedge, drill, tap-pin, or other instrument or thing.

Penalty:

Fine at the discretion of the judge or imprisonment for not more than 5 years, or both.

TRAIN ROBBERY

Class C Felony

Code §16-11-350
CDR Code 136

Elements Of The Offense:

A.

1.

That the accused did stop, or cause to be stopped, any locomotive engine, or railroad car, by force or threat or intimidation, and

 

2.

That the purpose of said action was to take anything of value to be appropriated to his own use.

OR

B.

That the accused was one of a number of persons who did conspire together to stop any engine or car for the purpose of taking anything of value.

Penalty:

Imprisonment from not less than 2 years nor more than 20 years.

TRESPASS

Misdemeanor

Code §§16-11-600 and 16-11-610
CDR Codes 2320, 340, 652-653

Elements Of The Offense:

16-11-600

1.

That the accused did enter upon the pasture or other lands of another after notice from the owner or tenant prohibiting such entry.

Note:

Notice posted in four conspicuous places upon the borders of such land shall be deemed and taken as notice conclusive against the person.

Penalty:

Imprisonment for not more than 30 days or fine of not more than $100.

16-11-610

1.

That the accused did enter upon the lands of another for the purpose of hunting, fishing, trapping, netting, gathering fruit, or flowers, turf, vegetables or cutting timber, etc., without the consent of the owner or tenant.

Note:

See §16-11-620 for violations concerning entry after warning or refusing to leave on request.

Penalty:

First offense: imprisonment for not more than 30 days or fine of not more than $200.

Second offense - imprisonment for not more than 30 days, or fine of not less than $100 nor more than $200.

Third or Subsequent offense - imprisonment for not more than 6 months or fine of not less than $500 nor more than $1,000, or both.

TRESPASS UPON RAILROAD TRACKS

Unclassified Misdemeanor

Code §58-17-4096
CDR Code 2580

Elements Of The Offense:

1.

That the accused, without proper authority, trespassed upon railroad tracks.

Penalty:

Imprisonment for not more than 30 days or fine of not more than $200.

USE OF VEHICLE WITHOUT PERMISSION

Class A or C Misdemeanor

Code §16-21-60
CDR Codes 756, 222

Elements Of The Offense:

A.

1.

That the accused, not entitled to possession and without the consent of the owner, did take a vehicle with intent to deprive the owner of its possession.

OR

B.

1.

That the accused deprived the owner of the vehicle for a temporary purpose only, unconnected with the commission or intent to commit a crime other than the taking of the vehicle.

Penalty:

For "A" above - imprisonment for not more than 3 years.

For "B" above - fine of not more than $500 or imprisonment for not more than 1 year, or both.

WILLFUL SALE OF PROPERTY ON WHICH A LIEN EXISTS

Class A Misdemeanor

Code §29-1-30
CDR Codes 2354-2355

Elements Of The Offense:

1.

That the accused willfully and knowingly sold and conveyed any real or personal property on which a lien exists without first giving notice of this lien to the purchaser, and

2.

That the accused is not a public officer acting in the discharge of his duty.

Note:

Magistrate's or municipal courts may try cases in which the value of the lien in question is fifty dollars or less. In such instances, the general sessions court shall have concurrent jurisdiction.

The object of this section is to prevent the intentional fraud or deceit in the sale of property by the suppression of facts which would be important for the purchaser to know before the sale is completed.

Penalty:

Fine of not less than $10 nor more than $5,000 and imprisonment of not less than 10 days nor more than 3 years, either or both in the discretion of the court.

If the value of the property is less than $50, the offense is punishable by a fine or imprisonment of not more than is permitted by law without presentment or indictment by the grand jury ($500 or 30 days).

SALE OF SECURED PROPERTY WITHOUT CONSENT

Misdemeanor, Class E or F Felony

Code §36-9-410
CDR Codes 3507, 3508, 3509

Elements Of The Offense:

1.

That the accused did sell or dispose of personal property, other than personal property titled by the Department of Public Safety or the Natural Resources Enforcement Division, and

2.

The property is subject to a security interest, and

3.

The sale or disposal is without the written consent of the secured party, and

4.

The intent is to defraud the secured party, and

5.

The accused failed to pay the debt secured by the security interest within 10 days after sale or disposal, or failed in such time to deposit the amount of the debt with the clerk of court of Common Pleas of the county in which the secured party resides.

Note:

This section does not apply:

(1)

if the sale is made without the knowledge or notice of the perfected security interest to the purchaser by the person selling the property

(2)

to the granting of subsequent security interests;

(3)

if the loan security by the personal property includes a charge for nonfiling insurance, or

(4)

to personal property titled by the Department of Public Safety or the Law Enforcement Division of the South Carolina Department of Natural Resources

Penalty:

If the value of the property is $2,000 or less, the offense is punishable by a fine of not more than $1,000 or imprisoned not more than 30 days, or both.  This offense is triable in the summary courts pursuant to statute. 

If the value of the property is more than $2,000 but less than $10,000, a person who violates the provisions of this section is guilty of a felony and upon conviction, must be fined in the discretion of the court or imprisoned not more than 5 years, or both.

If the value of the property is $10,000 or more, a person who violates the provisions of this section is guilty of a felony and upon conviction, must be fined in discretion of court or imprisoned not more than 10 years, or both.