South Carolina Code 16-1-10. Categorization of felonies and misdemeanors; exemptions
(1) Class A felonies
Terms Used In South Carolina Code 16-1-10
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Statute: A law passed by a legislature.
(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 aforethought12-21-6000(B)Possessing marijuana or controlled substances without appropriate stamps16-1-40Accessory before the fact16-3-10Murder16-3-85(C)(1)Causing the death of a child by abuse or neglect16-3-210(B)Assault and battery by mob in the first degree16-3-655(C)(1)Engaging in Criminal Sexual Conduct with a minor in the First Degree16-3-910Kidnapping (if sentenced for murder)16-3-1083(A)(2)(a)Violent crime that carries the death of, or bodily injury to in utero child16-3-1280False claim16-3-2020(B)(3)Trafficking in persons – 3rd or subsequent offense16-7-10Acts considered unlawful in area designated by Governor in emergency-looting16-7-10(A)(2)Looting during state of emergency16-7-425Student communicating physical threats against another person16-9-290Accepting bribes for purposes of procuring public office16-11-311(B)Burglary-First degree16-11-370Robbery of operators of vehicles for hire16-11-580(C)(1)Forest products violation (value more than $1,000 but less than $5,000) 1st offense16-11-580(D)(1)Forest products violation (value at least $5,000) – 1st offense16-11-740(B)(2)(a)Wilful and malicious injury to telegraph, telephone, or electric utility system – damage amount less than $10,00016-11-740(B)(2)(b)Wilful and malicious injury to telegraph, telephone, or electric utility system – damage amount is at least $10,000 but less than $25,00016-11-740(B)(2)(c)Wilful and malicious injury to telegraph, telephone, or electric utility system – damage amount is $25,000 or more16-13-80Larceny of a bicycle valued more than $2,00016-13-165(B)(5)Persons who unknowingly and unintentionally import, manufactures, sells, offers for sale, installs, leases, trades, or transfers a counterfeit or nonfunctioning airbag16-15-20Incest16-15-110(3)Prostitution-third or subsequent offense16-17-425Student communicating physical threats against another person16-17-735False 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 death16-23-715(2)Use of weapons of mass destruction not resulting in death16-23-720(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 aforethought23-3-470(B) (1)Failure of sex offender to register-First offense23-3-470(B) (2)Failure of sex offender to register-Second offense23-36-170(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 it23-3-650(D)Willfully obtaining DNA information contained in State DNA Database without authorization Third, fourth, or subsequent offenses24-3-580(C)Disclosing the identity of an execution team member24-13-430(A)Inciting prisoners to riot25-1-2957Recklessly endangering the life of another25-7-30Giving information respecting national or state defense to foreign contacts during war38-25-330Violation of a provision contained in the provisions relating to the unauthorized transaction of insurance business38-41-20Multiple employer self-insured health plan transacting business without a license39-15-1190(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 mark39-22-90(A)(8)State warehouse system violation40-55-170(A)Practicing psychology without being licensed as required by chapter44-4-530(C)Failure of persons subject to quarantine to comply44-4-530(D)Entry into isolation or quarantine are by unauthorized person44-41-630(B)Performing or inducing an abortion where the unborn has a fetal heartbeat44-41-640(B)(4)(b)Performing an abortion that is not necessary to save the mother’s life44-41-650(B)Performing, inducing, or attempting to perform or induce an abortion on a pregnant woman before a physician determines whether the fetus has a detectable heartbeat44-41-650(C)Performing an abortion on a woman who is not the victim of rape or incest44-41-660(C)Performing an abortion on a woman where an alleged fetal anomaly does not exist44-41-680(D)Performing, inducing, or attempting to perform or induce an abortion on a pregnant woman with the intent of terminating the fetus has a detectable heartbeat44-53-370(e)(1)(a)3Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds) Third or subsequent offenses44-53-370(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)3Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams) Third or subsequent offense44-53-370(e)(2)(b)3Prohibited 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)2Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams) Second or subsequent offense44-53-370(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)2Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams) Second or subsequent offense44-53-370(e)(4)(b)Prohibited Acts A, penalties (trafficking in methaqualone, 150 grams but less than 1,500 grams)44-53-370(e)(4)(c)Prohibited Acts A, penalties (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)44-53-370(e)(4)(d)Prohibited Acts A, penalties (trafficking in methaqualone, 15 kilograms or more)44-53-370(e)(5)(c)Prohibited Acts, penalties (trafficking in LSD, 1,000 dosage units or more)44-53-370(e)(9)(a)1Trafficking in fentanyl 4 grams or more, but less than 14 grams – first offense44-53-370(e)(9)(a)2Trafficking in fentanyl 4 grams or more, but less than 14 grams – second or subsequent offense44-53-370(e)(9)(b)Trafficking in fentanyl 14 grams or more, but less than 28 grams44-53-370(e)(9)(c)Trafficking in fentanyl 28 grams or more44-53-375(C)(1)(c)Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams Third or subsequent offense44-53-375(C)(2)(c)Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams Third or subsequent offense44-53-375(C)(3)Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams44-53-375(C)(4)Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams44-53-375(C)(5)Trafficking in ice, crank, or crack cocaine 400 grams or more44-53-420Attempting or conspiring to commit an offense made unlawful by Title 44, Chapter 53, Article 346-9-90State Pest Commission violation, second offense46-21-655Seed certification violations47-3-950Wrongfully obtaining or exerting unauthorized control over a guide dog or service animal47-19-120(a)Interference with person performing official duties under chapter concerning Poultry Products Inspection Law (Violation of §§ 47-19-70 through 47-19-110)50-11-105(E)Violation of statute or regulations regarding wildlife disease control and euthanasia56-5-2780(B)(1)Unlawfully passing a stopped school bus where great bodily injury results56-5-2947Child endangerment56-5-5670(H)(1)Unlawful disposal of a vehicle – 2nd or subsequent offense56-5-5670(H)(2)Falsifying information on an application, form, or affidavit required for the disposal of a vehicle56-5-5945(H)(1)Unlawful disposal of a vehicle – 2nd or subsequent offense56-5-5945(H)(2)Falsifying information on an application, form, or affidavit required for the disposal of a vehicle56-15-590Failure of a motor vehicle auction to keep required records or make them available for inspection56-15-870Injuring a railroad or a electric railway58-17-4090Death that results from obstructing a railroad63-11-90Violations of provisions contained in Title 63, Chapter 11, Article 163-13-170Violation of childcare facilities requirements63-13-1080Childcare operator refusing inspection and violating fire and health safety requirements