§ 16-9-320 — Opposing or resisting law enforcement officer serving process; assaulting officer engaged in serving process.

South Carolina § 16-9-320

• Jurisdiction: South Carolina
• Title 16: CRIMES AND OFFENSES
• Ch. 9: OFFENSES AGAINST PUBLIC JUSTICE

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(A) It is unlawful for a person knowingly and wilfully to oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or both. (B) It is unlawful for a person to knowingly and wilfully assault, beat, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both.

Legislative History

HISTORY: 1980 Act No. 511, SECTION 3; 1990 Act No. 598, SECTION 2; 1993 Act No. 184, SECTION 24.