reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-10. Barratry prohibited.

Any person who shall:
(1) Wilfully solicit or incite another to bring, prosecute or maintain an action, at law or in equity, in any court having jurisdiction within this State and
(a) thereby seeks to obtain employment for himself or for another to prosecute or defend such action,
(b) has no direct and substantial interest in the relief thereby sought,
(c) does so with intent to distress or harass any party to such action,
(d) directly or indirectly pays or promises to pay any money or other thing of value to, or the obligations of, any party to such an action or
(e) directly or indirectly pays or promises to pay any money or other thing of value to any other person to bring about the prosecution or maintenance of such an action; or
(2) Wilfully bring, prosecute or maintain an action, at law or in equity, in any court having jurisdiction within this State and
(a) has no direct or substantial interest in the relief thereby sought,
(b) thereby seeks to defraud or mislead the court,
(c) brings such action with intent to distress or harass any party thereto or
(d) directly or indirectly receives any money or other thing of value to induce the bringing of such action;
Shall be guilty of the crime of barratry.
The crime of barratry shall be punishable by a fine of not more than five thousand dollars or by imprisonment of not more than two years, or both.
HISTORY: 1962 Code Section 16-521; 1957 (50) 23.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-30. Liability of corporations and unincorporated associations.

As used in Section 16-17-10 the term "person" shall include corporations and unincorporated associations, and the statutes and laws of this State pertaining to criminal liability and enforcement thereof against corporations shall apply to any unincorporated association convicted of barratry.
HISTORY: 1962 Code Section 16-523; 1957 (50) 23.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-40. Corporations or unincorporated associations convicted of barratry barred from doing business in State.

Any corporation or unincorporated association found guilty of the crime of barratry shall be forever barred from doing any business or carrying on any activity within this State, and in the case of a corporation its charter or certificate of domestication shall be summarily revoked by the Secretary of State.
HISTORY: 1962 Code Section 16-524; 1957 (50) 23.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-50. Article is cumulative.

The provisions of this article are cumulative and shall not be construed as repealing any existing statute or the common law of this State with respect to the subject matter of any of the provisions hereof.
HISTORY: 1962 Code Section 16-525; 1957 (50) 23.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-210. Definitions.

The words "flag, standard, color or ensign," as used in Sections 16-17-220 and 16-17-230, shall include any flag, standard, color or ensign or any picture or representation made of any substance or represented on any substance and of any size, evidently purporting to be of the flag, standard, color or ensign of the United States, the Confederate States of America or this State, or a picture or representation upon which shall be shown the colors, the stars and the stripes, in any number or either thereof or by which the person seeing such picture or representation without deliberation may believe it to represent the flag, colors, standard or ensign of the United States, the Confederate States of America or this State.
HISTORY: 1962 Code Section 16-533; 1952 Code Section 16-533; 1942 Code Section 1274; 1932 Code Section 1274; Cr. C. '22 Section 169; 1916 (29) 925; 1958 (50) 1676.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-220. Desecration or mutilation of United States, Confederate or State flags.

Any person who in any manner, for exhibition or display, shall (a) knowingly place or cause to be placed any word, inscription, figure, mark, picture, design, device, symbol, name, characters, drawing, notice or advertisement of any nature upon any flag, standard, color or ensign of the United States, the Confederate States of America or this State or upon a flag, standard, color or ensign purporting to be such, (b) knowingly display, exhibit or expose or cause to be exposed to public view any such flag, standard, color or ensign upon which shall have been printed, painted or otherwise placed or to which shall be attached, appended, affixed or annexed any word, inscription, figure, mark, picture, design, device, symbol, name, characters, drawing, photographs, notice or advertisement of any nature, (c) expose to public view, manufacture, sell, expose for sale, give away or have in possession for sale, to give away, or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise or article or thing for camping or transporting merchandise upon which shall have been printed, painted, attached or otherwise placed a representation of any such flag, standard, color or ensign to advertise, call attention to, decorate, mark or distinguish the article or substance on which placed or (d) publicly mutilate, deface, defile, defy, jeer at, trample upon or cast contempt, either by word or act, upon any such flag, standard, color or ensign shall be guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars or by imprisonment for not more than thirty days, or both, in the discretion of the court, and shall also forfeit a penalty of fifty dollars for each offense, to be recovered with costs in a civil action or suit in any court having jurisdiction. Such action or suit may be brought by and in the name of any citizen of this State, and such penalty when collected, less the reasonable cost and expense of action or suit and recovery to be certified by the clerk of court of the county in which the offense is committed, shall be paid into the State Treasury. Two or more penalties may be sued for and recovered in the same action or suit.
HISTORY: 1962 Code Section 16-532; 1952 Code Sections 16-531, 16-532; 1942 Code Sections 1273, 1274; 1932 Code Sections 1273, 1274; Cr. C. '22 Sections 168, 169; Cr. C. '12 Section 207; 1910 (26) 753; 1916 (29) 925; 1950 (46) 1881; 1958 (50) 1676.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-230. Presumption from possession.

It is permissible to infer that possession by any person, other than a public officer as such, of any flag, standard, color, or ensign on which is anything made unlawful at any time by Section 16-17-220 or of any article, substance, or thing on which is anything made unlawful at any time by that section is in violation of that section.
HISTORY: 1962 Code Section 16-534; 1952 Code Section 16-534; 1942 Code Section 1274; 1932 Code Section 1274; Cr. C. '22 Section 169; 1916 (29) 925; 1922 (32) 858; 1987 Act No. 95 Section 8.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-310. Imitation of organizations' names, emblems and the like.

No person, society or organization shall assume, use, adopt, become incorporated under or continue to use the name and style or emblems of any incorporated benevolent, fraternal, social, humane or charitable organization previously existing in this State or a name and style or emblem so nearly resembling the name and style of such incorporated organization as to be a colorable imitation thereof. When two or more of such societies, associations or corporations claim the right to the same name or to a name substantially similar as above provided, the organization which was first organized and used the name and first became incorporated under the laws of the United States or of any state of the Union, whether incorporated in this State or not, shall be entitled in this State to the prior and exclusive use of such name, and the rights of such societies, associations or corporations and of their individual members shall be fixed and determined accordingly.
Any person who shall wear a badge, button or other emblem or shall use the name or claim to be a member of any benevolent, fraternal, social, humane or charitable organization which is entitled to the exclusive use of such name and emblems under this section, either in the identical form or in such near resemblance thereto as to be a colorable imitation of such emblems and name, unless entitled so to do under the laws, rules and regulations of such organization, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or imprisonment in the State Penitentiary for not less than thirty days nor more than one year.
HISTORY: 1962 Code Section 16-542; 1952 Code Section 16-542; 1942 Code Section 1243; 1932 Code Section 1243; Cr. C. '22 Section 139; Cr. C. '12 Section 285; 1906 (25) 118; 1910 (26) 723, 779; 1925 (34) 20.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-320. Injunction to restrain improper use of name and emblems.

Whenever there shall be an actual or threatened violation of the provisions of Section 16-17-310, the organization entitled to the exclusive use of the name in question, under the terms of said section, shall have the right to apply to the proper courts for an injunction to restrain the infringement of its name and the use of its emblems. If it shall be made to appear to the court that the defendants are in fact infringing or about to infringe upon the name and style of a previously existing incorporated benevolent, fraternal, social, humane or charitable organization in the manner prohibited in said section or that the defendant or defendants are wearing and using the badge, insignia or emblems of such organization, without the authority thereof in violation of said section, an injunction may be issued by the court under the principles of equity, without requiring proof that any person has been in fact misled or deceived by the infringement of such name or the use of such emblem.
HISTORY: 1962 Code Section 16-543; 1952 Code Section 16-543; 1942 Code Section 1243; 1932 Code Section 1243; Cr. C. '22 Section 139; Cr. C. '12 Section 285; 1906 (25) 118; 1910 (26) 723, 779; 1925 (34) 20.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-410. Conspiracy.

The common law crime known as "conspiracy" is defined as a combination between two or more persons for the purpose of accomplishing an unlawful object or lawful object by unlawful means.
A person who commits the crime of conspiracy is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
A person who is convicted of the crime of conspiracy must not be given a greater fine or sentence than he would receive if he carried out the unlawful act contemplated by the conspiracy and had been convicted of the unlawful act contemplated by the conspiracy or had he been convicted of the unlawful acts by which the conspiracy was to be carried out or effected.
HISTORY: 1962 Code Section 16-550; 1957 (50) 58; 1993 Act No. 184, Section 35.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-420. School disturbances by nonstudents; penalties.

(A) It is unlawful for a person who is not a student to wilfully interfere with, disrupt, or disturb the normal operations of a school or college in this State by:
(1) entering upon school or college grounds or property without the permission of the principal or president in charge;
(2) loitering upon or about school or college grounds or property, after notice is given to vacate the grounds or property and after having reasonable opportunity to vacate;
(3) initiating a physical assault on, or fighting with, another person on school or college grounds or property;
(4) being loud or boisterous on school or college grounds or property after instruction by school or college personnel to refrain from the conduct;
(5) threatening physical harm to a student or a school or college employee while on school or college grounds or property; or
(6) threatening the use of deadly force on school or college property or involving school or college grounds or property when the person has the present ability, or is reasonably believed to have the present ability, to carry out the threat.
(B) For the purpose of this section, "person who is not a student" means a person who is not enrolled in, or who is suspended or expelled from, the school or college that the person interferes with, disrupts, or disturbs at the time the interference, disruption, or disturbance occurs.
(C) Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year, or both.
HISTORY: 1962 Code Section 16-551; 1952 Code Section 16-551; 1942 Code Section 1129; 1932 Code Section 1129; Cr. C. '22 Section 28; 1919 (31) 239; 1968 (55) 2308; 1972 (57) 2620; 2010 Act No. 273, Section 12, eff June 2, 2010; 2018 Act No. 182 (S.131), Section 1, eff May 17, 2018.
Validity
For the validity of the prior version of this section, see Kenny v. Wilson, 566 F. Supp.3d 447 (D.S.C. Oct. 8, 2021).
Effect of Amendment
2018 Act No. 182, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-425. Student threats.

(A) It is unlawful for a student of a school or college in this State to make threats to take the life of or to inflict bodily harm upon another by using any form of communication whatsoever.
(B) Nothing contained in this section may be construed to repeal, replace, or preclude application of any other criminal statute.
HISTORY: 2018 Act No. 182 (S.131), Section 2, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-430. Unlawful communication.

(A) It is unlawful for a person to:
(1) use in a telephonic communication or any other electronic means, any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to communicate or convey by telephonic or other electronic means an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person;
(2) threaten in a telephonic communication or any other electronic means an unlawful act with the intent to coerce, intimidate, or harass another person;
(3) telephone or electronically contact another repeatedly, whether or not conversation ensues, for the purpose of annoying or harassing another person or his family;
(4) make a telephone call and intentionally fail to hang up or disengage the connection for the purpose of interfering with the telephone service of another;
(5) telephone or contact by electronic means another and make false statements concerning either the death or injury of a member of the family of the person who is telephoned or electronically contacted, with the intent to annoy, frighten, or terrify that person; or
(6) knowingly permit a telephone under his control to be used for any purpose prohibited by this section.
(B) A person who violates any provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.
HISTORY: 1962 Code Section 16-552.1; 1961 (52) 451; 1967 (55) 626; 1993 Act No. 184, Section 36; 2001 Act No. 81, Section 13.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-440. Venue for prosecution under Section 16-17-430.

Venue for prosecution pursuant to the provisions of Section 16-17-430 shall be either in the county wherein the telephonic communications originated or the county where it was received.
HISTORY: 1962 Code Section 16-552.2; 1961 (52) 451.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-445. Deleted.

HISTORY: Former Section, titled Regulation of unsolicited consumer telephone calls, had the following history: 1988 Act No. 656, Section 1; 2000 Act No. 408, Section 1; 2005 Act No. 128, Section 1, eff July 1, 2005. Deleted by 2018 Act No. 218, Section 2, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-446. Regulation of automatically dialed announcing device (ADAD).

(A) "Adad" means an automatically dialed announcing device which delivers a recorded message without assistance by a live operator for the purpose of making an unsolicited consumer telephone call as defined in Section 16-17-445(A)(3). Adad calls include automatically announced calls of a political nature including, but not limited to, calls relating to political campaigns.
(B) Adad calls are prohibited except:
(1) in response to an express request of the person called;
(2) when primarily connected with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
(3) in response to a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.
(C) Adad calls which are not prohibited under subsection (B):
(1) are subject to Section 16-17-445(B)(1), (2), and (3);
(2) shall disconnect immediately when the called party hangs up;
(3) are prohibited after seven p.m. or before eight a.m.;
(4) may not ring at hospitals, police stations, fire departments, nursing homes, hotels, or vacation rental units.
(D) A person who violates this section, upon conviction, must be punished as provided in Section 16-17-445(F).
HISTORY: 1988 Act No. 656, Section 2; 1991 Act No. 89, Section 1.
Validity
For validity of this section, see Cahaly v. LaRosa, 25 F.Supp.3d 817 (D.S.C., 2014), 796 F.3d 399 (C.A.4 (S.C.)).
Editor's Note
Section 16-17-445 was deleted by 2018 Act No. 218, Section 2. See now, Chapter 21, Title 37.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-450. Refusal to relinquish party telephone line for emergency call.

(1) Any person who shall wilfully refuse to relinquish immediately a party telephone line when informed that such line is needed for an emergency call to a fire department or police department or for medical aid or ambulance service shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(2) It shall constitute a defense to a prosecution under subsection (1) that the accused did not know of the emergency in question, or that the accused was using the party telephone line for an emergency call.
(3) Any person who requests another to relinquish a telephone party line on the pretext that he must place an emergency call, knowing such pretext to be false, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(4) As used in this section
The term "party line" shall mean a subscriber's line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.
The term "emergency" shall mean a situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.
HISTORY: 1962 Code Section 16-552.3; 1967 (55) 624.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-480. Section 16-17-470 not applicable to law officers.

Nothing in Section 16-17-470 shall prevent duly constituted officers of the law from performing their official duties in ferreting out offenders or suspected offenders against violating the laws of this State or any municipality therein for the purpose of apprehending such suspected violator. But the provisions of this section shall not be construed as giving such officers any additional rights or powers upon private property but shall be construed as preserving only such powers as they had before.
HISTORY: 1962 Code Section 16-555; 1952 Code Section 16-555; 1942 Code Section 1192-1; 1937 (40) 478.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-490. Contributing to delinquency of a minor.

It shall be unlawful for any person over eighteen years of age to knowingly and wilfully encourage, aid or cause or to do any act which shall cause or influence a minor:
(1) To violate any law or any municipal ordinance;
(2) To become and be incorrigible or ungovernable or habitually disobedient and beyond the control of his or her parent, guardian, custodian or other lawful authority;
(3) To become and be habitually truant;
(4) To without just cause and without the consent of his or her parent, guardian or other custodian, repeatedly desert his or her home or place of abode;
(5) To engage in any occupation which is in violation of law;
(6) To associate with immoral or vicious persons;
(7) To frequent any place the existence of which is in violation of law;
(8) To habitually use obscene or profane language;
(9) To beg or solicit alms in any public places under any pretense;
(10) To so deport himself or herself as to wilfully injure or endanger his or her morals or health or the morals or health of others.
Any person violating the provisions of this section shall upon conviction be fined not more than three thousand dollars or imprisoned for not more than three years, or both, in the discretion of the court.
This section is intended to be cumulative and shall not be construed so as to defeat prosecutions under any other law which is applicable to unlawful acts embraced herein.
The provisions of this section shall not apply to any school board of trustees promulgating rules and regulations as authorized by Section 59-19-90(3) which prescribe standards of conduct and behavior in the public schools of the district. Provided, however, that any such rule or regulation which contravenes any portion of the provisions of this section shall first require the consent of the parent or legal guardian of the minor or minors concerned.
HISTORY: 1962 Code Section 16-555.1; 1957 (50) 572, 1971 (57) 848; 1976 Act No. 629.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-495. Custodial interference.

(A)(1) When a court of competent jurisdiction in this State or another state has awarded custody of a child under the age of sixteen years or when custody of a child under the age of sixteen years is established pursuant to Section 63-17-20(B), it is unlawful for a person with the intent to violate the court order or Section 63-17-20(B) to take or transport, or cause to be taken or transported, the child from the legal custodian for the purpose of concealing the child, or circumventing or avoiding the custody order or statute.
(2) When a pleading has been filed and served seeking a determination of custody of a child under the age of sixteen, it is unlawful for a person with the intent to circumvent or avoid the custody proceeding to take or transport, or cause to be taken or transported, the child for the purpose of concealing the child, or circumventing or avoiding the custody proceeding. It is permissible to infer that a person keeping a child outside the limits of this State for more than seventy-two hours without notice to a legal custodian intended to violate this subsection.
(B) A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.
(C) If a person who violates subsection (A)(1) or (2) returns the child to the legal custodian or to the jurisdiction of the court in which the custody petition was filed within three days of the violation, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(D) Notwithstanding the provisions of this section, if the taking or transporting of a child in violation of subsections (A)(1) or (2), is by physical force or the threat of physical force, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
(E) A person who violates the provisions of this section may be required by the court to pay necessary travel and other reasonable expenses including, but not limited to, attorney's fees incurred by the party entitled to the custody or by a witness or law enforcement.
HISTORY: 1976 Act No. 592; 1990 Act No. 470, Section 1; 1995 Act No. 28, Section 1; 1997 Act No. 95, Section 4.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-502. Distribution of tobacco product samples.

(A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years.
(B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.
(C) A person violating this section is subject to the penalties set forth in Section 16-17-500(E).
(D) A tobacco retail establishment violating this section is subject to administrative penalties as provided in Section 16-17-500(E)(3).
HISTORY: 1996 Act No. 445, Section 2; 2013 Act No. 35, Section 3, eff June 7, 2013; 2023 Act No. 38 (H.3681), Section 7, eff August 14, 2023.
Editor's Note
2023 Act No. 38, Sections 1, 3 to 4, and 13, provide as follows:
"SECTION 1. This act may be cited as the 'Omnibus Tobacco Enforcement Act of 2023'."
"SECTION 3. Laws, ordinances, or rules enacted by political subdivisions of this State prior to December 31, 2020, pertaining to ingredients, flavors, or licensing, related to the sale of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or any other products containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means, and municipal code amendments to said laws, ordinances, or rules, are exempt from the preemption imposed by this act. Nothing in this act shall be construed to interfere with a political subdivision's authority to determine its own public-use policies relating to any of the products referenced in this act.
"SECTION 4. Nothing in this act shall be construed to interfere with a political subdivision's authority under Chapter 29, Title 6, including, without limitation, with respect to land use regulation, land development regulation, zoning, or permitting."
"SECTION 13. This act takes effect ninety days after approval by the Governor except SECTION 2, SECTION 3, and SECTION 4 which take effect upon approval by the Governor."
Effect of Amendment
2023 Act No. 38, Section 7, in (A), deleted "or an alternative nicotine product" following "tobacco product"; rewrote (C); and added (D).
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-504. Implementation; local laws.

(A) Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-506 must be enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. Any laws, ordinances, or rules enacted pertaining to tobacco products may not supersede state law or regulation. Nothing in this section affects the right of any person having ownership or otherwise controlling private property to allow or prohibit the use of tobacco products on the property.
(B) Smoking ordinances in effect before the effective date of this act are exempt from the requirements of subsection (A).
HISTORY: 1996 Act No. 445, Section 2; 2013 Act No. 35, Section 5, eff June 7, 2013; 2023 Act No. 38 (H.3681), Section 9, eff August 14, 2023.
Editor's Note
2023 Act No. 38, Sections 1, 3 to 4, and 13, provide as follows:
"SECTION 1. This act may be cited as the 'Omnibus Tobacco Enforcement Act of 2023'."
"SECTION 3. Laws, ordinances, or rules enacted by political subdivisions of this State prior to December 31, 2020, pertaining to ingredients, flavors, or licensing, related to the sale of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or any other products containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means, and municipal code amendments to said laws, ordinances, or rules, are exempt from the preemption imposed by this act. Nothing in this act shall be construed to interfere with a political subdivision's authority to determine its own public-use policies relating to any of the products referenced in this act.
"SECTION 4. Nothing in this act shall be construed to interfere with a political subdivision's authority under Chapter 29, Title 6, including, without limitation, with respect to land use regulation, land development regulation, zoning, or permitting."
"SECTION 13. This act takes effect ninety days after approval by the Governor except SECTION 2, SECTION 3, and SECTION 4 which take effect upon approval by the Governor."
Effect of Amendment
2023 Act No. 38, Section 9, in (A), in the first sentence, substituted "16-17-503, and 16-17-506 must be" for "and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and", and in the second and third sentences, deleted "or alternative nicotine products" following "tobacco products".
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-505. Cigarette packages violating certain federal laws; illegal sale or distribution; penalties; seizure.

(1) For purposes of this section, "package" means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed, or intended for distribution to consumers.
(2) It is unlawful to sell, hold for sale, or distribute a package of cigarettes if:
(a) the package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1331, for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States;
(b) the package is labeled "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording indicating that the manufacturer did not intend that the product be sold in the United States;
(c) the package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in (a) or (b) of this subsection;
(d) the package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. 5754; or
(e) the package in any way violates federal trademark or copyright laws.
(3) A person who knowingly sells, holds for sale, or distributes cigarette packages in violation of subsection (2) is guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than three years or fined not more than one thousand dollars, or both.
(4) In addition to the other penalties provided by law, law enforcement may seize and destroy or sell to the manufacturer, for export only, any packages described in subsection (2).
HISTORY: 1999 Act No. 92, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-510. Enticing enrolled child from attendance in school.

It is unlawful for a person to encourage, entice, or conspire to encourage or entice a child enrolled in any public or private elementary or secondary school of this State from attendance in the school or school program or transport or provide transportation in aid to encourage or entice a child from attendance in any public or private elementary or secondary school or school program.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first or second offense must be tried exclusively in magistrate's court. Third and subsequent offenses must be tried in the court of general sessions.
HISTORY: 1962 Code Section 16-556.1; 1969 (56) 320; 1993 Act No. 184, Section 185; 1998 Act No. 352, Section 1.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-520. Disturbance of religious worship.

Any person who shall (a) wilfully and maliciously disturb or interrupt any meeting, society, assembly or congregation convened for the purpose of religious worship, (b) enter such meeting while in a state of intoxication or (c) use or sell spirituous liquors, or use blasphemous, profane or obscene language at or near the place of meeting shall be guilty of a misdemeanor and shall, on conviction, be sentenced to pay a fine of not less than twenty nor more than one hundred dollars, or be imprisoned for a term not exceeding one year or less than thirty days, either or both, at the discretion of the court.
HISTORY: 1962 Code Section 16-557; 1952 Code Section 16-557; 1942 Code Section 1736; 1932 Code Section 1736; Cr. C. '22 Section 718; Cr. C. '12 Section 703; Cr. C. '02 Section 505; G. S. 1635; R. S. 390; 1873 (15) 352; 1894 (21) 824; 1897 (22) 409.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-525. Wilfully, knowingly or maliciously disturbing funeral service; penalties.

(A) It is unlawful for a person to wilfully, knowingly, or maliciously disturb or interrupt a funeral service. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days. This subsection applies to a wilful, knowing, or malicious disturbance or interruption within:
(1) one thousand feet of the funeral service; and
(2) a time period of one-half hour before the funeral service until one- half hour after the funeral service.
(B) It is unlawful for a person to undertake an activity at a public or privately owned cemetery, other than the decorous participation in a funeral service or visitation of a burial space, without the prior written approval of the public or private owner. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
(C) For purposes of this section, "funeral service" means any ceremony, procession, or memorial held in connection with the memorialization, burial, cremation, or other disposition of a deceased person's body.
HISTORY: 2006 Act No. 391, Section 1, eff June 14, 2006.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-540. Bribery with respect to agents, servants or employees.

Any:
(1) Person who corruptly gives, offers or promises to an agent, employee or servant any gift or gratuity whatever, with intent to influence his action in relation to his principal's, employer's or master's business;
(2) Agent, employee or servant who corruptly requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself under an agreement or with an understanding that he shall act in any particular manner in relation to his principal's, employer's or master's business;
(3) Agent, employee or servant who, being authorized to procure materials, supplies or other articles, either by purchase or contract for his principal, employer or master, receives, directly or indirectly, for himself or for another, a commission, discount or bonus from the person who makes such sale or contract or furnishes such materials, supplies or other articles or from a person who renders such service or labor; and
(4) Person who gives or offers such an agent, employee or servant such commission, discount or bonus;
Shall be punished by a fine of not more than five hundred dollars or by such fine and by imprisonment for not more than one year.
HISTORY: 1962 Code Section 16-570; 1952 Code Section 16-570; 1942 Code Section 1236; 1932 Code Section 1236; Cr. C. '22 Section 132; Cr. C. '12 Section 277; 1905 (24) 942.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-550. Bribery of athletes and athletic officials.

(1) Unlawful to bribe athletes or athletic officials or to accept such bribes. -It shall be unlawful to bribe or offer to bribe any player, manager, coach, referee, umpire or any other participant or official of any athletic contest with intent to influence the play, action, conduct, or decision of any such person or for any such person to accept or agree to accept such bribe or offer for the purpose of losing, trying to lose or trying to limit the margin of victory or defeat in any athletic contest or to aid or abet or assist in any manner whatsoever in any such bribe.
(2) Section to be cumulative to other laws. -This section shall not be construed as repealing or modifying any other provisions of law but shall be cumulative to such other provisions of law.
(3) Penalties. -Any person violating the provisions of this section shall be guilty of a felony and upon conviction shall be fined not more than ten thousand dollars or be imprisoned for not more than ten years or both in the discretion of the court.
HISTORY: 1962 Code Section 16-570.1; 1962 (52) 1732.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-560. Assault or intimidation on account of political opinions or exercise of civil rights.

It is unlawful for a person to assault or intimidate a citizen, discharge a citizen from employment or occupation, or eject a citizen from a rented house, land, or other property because of political opinions or the exercise of political rights and privileges guaranteed to every citizen by the Constitution and laws of the United States or by the Constitution and laws of this State.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both.
HISTORY: 1962 Code Section 16-559; 1952 Code Section 16-559; 1950 (46) 2059; 1993 Act No. 184, Section 186.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-570. Interference with fire and police alarm boxes; giving false alarms.

Any person who shall wilfully, maliciously or mischievously interfere with, cut or injure any pole, wire, insulator or alarm box, give a false alarm from such box or by use of a telephone or break the glass in such box of any fire or police alarm system in this State or any of the appliances or apparatus connected therewith shall be guilty of a misdemeanor and, upon conviction, shall be sentenced to hard labor in the State Penitentiary or on the chain gang in a county having a chain gang for a term of not less than sixty days or the payment of a fine of not more than two hundred dollars.
HISTORY: 1962 Code Section 16-560; 1952 Code Section 16-560; 1942 Code Section 1164; 1932 Code Section 1164; Cr. C. '22 Section 57; Cr. C. '12 Section 194; Cr. C. '02 Section 156; R. S. 152; 1888 (20) 8; 1904 (24) 382; 1931 (37) 37; 1980 Act No. 468.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-580. Removing State line marks.

Any person who shall deface, disturb or remove any granite post or marking, whether wood, stone or metal, duly placed by competent authority on the State line of this State shall be deemed guilty of a misdemeanor and, on conviction, shall be fined not less than one hundred dollars or imprisoned not less than six months.
HISTORY: 1962 Code Section 16-561; 1952 Code Section 16-561; 1942 Code Section 1251; 1932 Code Section 1251; Cr. C. '22 Section 145; Cr. C. '12 Section 291; 1906 (25) 63.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-610. Soliciting emigrants without licenses.

No person other than the South Carolina Department of Employment and Workforce shall carry on the business of emigrant agent in this State without having first obtained a license therefor from the State Treasurer and the county treasurer of each county in which he solicits emigrants. The term "emigrant agent," as used in this section, shall be construed to mean any person engaged in hiring laborers or soliciting emigrants in this State to be employed beyond the limits of the State. Any person shall be entitled to State and county licenses, which shall be good for one year, upon payment into the State Treasury for the use of the State of five hundred dollars for each county in which he operates or solicits emigrants for each year so engaged and upon payment into the county treasury of each county in which he operates or solicits emigrants, for the use of each such county, of two thousand dollars for each year so engaged. Any person other than the South Carolina Department of Employment and Workforce doing business as an emigrant agent without having first obtained each such license shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars in case of failure to obtain a State license and one thousand dollars in case of failure to obtain a county license and not more than five thousand dollars in either such case or may be imprisoned in the county jail or, in case of failure to obtain a county license, upon the public works not less than four months or confined in the State Prison, at hard labor, not exceeding two years for each and every offense, within the discretion of the court.
HISTORY: 1962 Code Section 16-564; 1952 Code Section 16-564; 1942 Code Sections 1377, 1378; 1932 Code Sections 1377, 1378; Cr. C. '22 Sections 308, 309; Cr. C. '12 Sections 895, 896; Cr. C. '02 Section 608; R. S. 488; 1891 (20) 1084; 1893 (21) 429; 1898 (22) 812; 1907 (25) 543; 1949 (46) 415, 417; 1954 (48) 1415.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-620. Exemption of solicitors of farm laborers to work in adjacent states.

The provisions of Section 16-17-610 shall not be applicable to any person soliciting or hiring laborers in this State to be employed in agricultural work in any state bordering on this State when such adjacent state places no limitation on the solicitation or employment of farm labor by South Carolina employers.
HISTORY: 1962 Code Section 16-564.1; 1954 (48) 1415.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-630. Exemption of solicitors of household or domestic employees.

Notwithstanding the provisions of Section 16-17-610 it shall be lawful for any person to solicit without a license household or domestic employees for out-of-State employment.
HISTORY: 1962 Code Section 16-564.2; 1958 (50) 1928.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-640. Blackmail.

Any person who verbally or by printing or writing or by electronic communications:
(1) accuses another of a crime or offense;
(2) exposes or publishes any of another's personal or business acts, infirmities, or failings; or
(3) compels any person to do any act, or to refrain from doing any lawful act, against his will;
with intent to extort money or any other thing of value from any person, or attempts or threatens to do any of such acts, with the intent to extort money or any other thing of value, shall be guilty of blackmail and, upon conviction, shall be fined not more than five thousand dollars or imprisoned for not more than ten years, or both, in the discretion of the court.
HISTORY: 1962 Code Section 16-566.1; 1957 (50) 191; 2001 Act No. 81, Section 15.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 17 - Offenses Against Public Policy › Section 16-17-650. Cockfighting.

(A) A person who engages in or is present at cockfighting or game fowl fighting or illegal game fowl testing is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year for a first offense; or
(2) misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years for a second or subsequent offense.
(B) For purposes of this section, "illegal game fowl testing" means allowing game fowl to engage in physical combat:
(1) with or without spurs or other artificial items while in the presence of more than five spectators;
(2) under any circumstances while employing spurs or other artificial items or with the injection or application of a stimulant substance; or
(3) for purposes of or in the presence of wagering or gambling.
(C) A person who violates the provisions of subsection (A)(1) must be tried exclusively in summary court.
(D) A person who violates the provisions of subsection (A)(2) is subject to the forfeiture of monies, negotiable instruments, and securities specifically gained or used to engage in or further a violation of this section pursuant to Section 16-27-55.
(E) All game fowl breeders and game fowl breeder testing facilities must comply with the Department of Health and Environmental Control and the State Veterinarian's regulations, policies, and procedures regarding avian influenza preparedness and testing. In the event of an avian influenza outbreak in South Carolina, all game fowl breeders and game fowl breeder testing facilities must allow the Department of Health and Environmental Control and the State Veterinarian to conduct avian influenza testing of all game fowl.
HISTORY: 1962 Code Section 16-567; 1952 Code Section 16-567; 1942 Code Section 1445; 1932 Code Section 1445; Cr. C. '22 Section 386; Cr. C. '12 Section 393; Cr. C. '02 Section 298; R. S. 257; 1887 (19) 801; 1917 (30) 47; 2006 Act No. 345, Section 1, eff June 12, 2006.