South Carolina Code 50-18-290. Jurisdiction of magistrates court; restitution; penalties
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(A) Notwithstanding any other provision of law, the magistrate’s court has jurisdiction to try any criminal case that arises under this chapter and to impose the penalties set forth herein up to a maximum fine of five thousand dollars or imprisonment for up to thirty days. In addition to any penalty imposed under this chapter, the presiding magistrate may order restitution for losses or damages to natural resources and order full compensation to the aquaculture business for losses sustained.
(B) Unless otherwise provided, any person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished:
Terms Used In South Carolina Code 50-18-290
- Aquaculture: means controlled cultivation of an aquatic species in confinement. See South Carolina Code 50-18-210
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, firm, corporation, association, partnership, club, private body, or other entity. See South Carolina Code 50-18-210
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) for a first offense, by a fine of not more than five hundred dollars or imprisonment of not more than thirty days;
(2) for a second offense within three years of a first offense, by a fine of not less than three hundred dollars nor more than five hundred dollars or imprisonment for not more than thirty days;
(3) for a third or subsequent offense within three years of a second or subsequent offense, by a fine of not more than one thousand dollars or imprisonment for not more than thirty days.