S.C. Code Ann. § 16-1-10
(A) Felonies are classified, for the purpose of sentencing, into the following six categories:
(B) Misdemeanors are classified, for the purpose of sentencing, into the following three categories:
(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(B)(3)
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
16-7-425
Student communicating physical threats against another person
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
16-13-165(B)(5)
Persons who unknowingly and unintentionally import, manufactures, sells, offers for sale, installs, leases, trades, or transfers a counterfeit or nonfunctioning airbag
16-15-20
Incest
16-15-110(3)
Prostitution-third or subsequent offense
16-17-425
Student communicating physical threats against another person
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
44-41-650(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 heartbeat
44-41-680(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 heartbeat
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)
50-11-105(E)
Violation of statute or regulations regarding wildlife disease control and euthanasia
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
56-15-870
Injuring a railroad or a electric railway
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.
The crime classification tables are added by the Code Commissioner pursuant to Section 2-13-66, and updated annually.
2010 Act No. 273, Section 7.C, provides:
"Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."