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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 16-1-10: Categorization of felonies and misdemeanors; exemptions.

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Where this section sits in the code
  1. Title 16 - CRIMES AND OFFENSES
  2. CHAPTER 1 Felonies and Misdemeanors; Accessories

(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

16-3-80 Fentanyl-induced homicide

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

16-11-740(B)(2)(a) Wilful and malicious injury to telegraph, telephone, or electric utility system—damage amount less than $10,000

16-11-740(B)(2)(b) Wilful and malicious injury to telegraph, telephone, or electric utility system—damage amount is at least $10,000 but less than $25,000

16-11-740(B)(2)(c) Wilful and malicious injury to telegraph, telephone, or electric utility system—damage amount is $25,000 or more

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

24-3-580(C) Disclosing the identity of an execution team member

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

44-41-630(B) Performing or inducing an abortion where the unborn has a fetal heartbeat

44-41-640(B)(4)(b) Performing an abortion that is not necessary to save the mother's life

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

44-41-650(C) Performing an abortion on a woman who is not the victim of rape or incest

44-41-660(C) Performing an abortion on a woman where an alleged fetal anomaly does not exist

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)

44-53-370(e)(9)(a)1 Trafficking in fentanyl 4 grams or more, but less than 14 grams—first offense

44-53-370(e)(9)(a)2 Trafficking in fentanyl 4 grams or more, but less than 14 grams—second or subsequent offense

44-53-370(e)(9)(b) Trafficking in fentanyl 14 grams or more, but less than 28 grams

44-53-370(e)(9)(c) Trafficking in fentanyl 28 grams 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

Collected 2026-09-02T06:43:59Z. Source file · JSON

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