§ 16-1-10 — Categorization of felonies and misdemeanors; exemptions.

South Carolina § 16-1-10

• Jurisdiction: South Carolina
• Title 16: CRIMES AND OFFENSES
• Ch. 1: FELONIES AND MISDEMEANORS; ACCESSORIES

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(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

Legislative History

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; 2025 Act No. 61 (S.156), SECTION 2, eff May 22, 2025. Code Commissioner's Note The crime classification tables are added by the Code Commissioner pursuant to Section 2-13-66, and updated annually. Editor's Note 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." 2025 Act No. 61, SECTION 3, provides as follows: "SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws."