(A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a building, structure, or any property specified in subsections (B) and (C), whether the property of the person or another, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of the felony of arson in the first degree and, upon conviction, must be imprisoned not less than thirty years.
(B) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a dwelling house, church or place of worship, public or private school facility, manufacturing plant or warehouse, building where business is conducted, institutional facility, or any structure designed for human occupancy including local and municipal buildings, whether the property of the person or another, is guilty of the felony of arson in the second degree and, upon conviction, must be imprisoned not less than three nor more than twenty-five years.
(C) A person commits a violation of the provisions of this subsection who wilfully and maliciously:
(1) causes an explosion, sets fire to, burns, or causes a burning which results in damage to a building or structure other than those specified in subsections (A) and (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property; or
(2) aids, counsels, or procures a burning that results in damage to a building or structure other than those specified in subsections (A) and (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property with intent to destroy or damage by explosion or fire, whether the property of the person or another.
A person who violates the provisions of this subsection is guilty of the felony of arson in the third degree and, upon conviction, must be imprisoned not more than fifteen years.
(D) For purposes of this section, "damage" means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section.
HISTORY: 1962 Code Section 16-311; 1952 Code Section 16-311; 1942 Code Section 1132; 1932 Code Section 1132; 1928 (35) 1226; 1982 Act No. 449, 1996 Act No. 356, Section 1; 1997 Act No. 113, Section 1; 2002 Act No. 224, Section 2, eff May 1, 2002; 2010 Act No. 273, Section 3, eff June 2, 2010; 2016 Act No. 154 (H.3545), Section 1, eff April 21, 2016.
Editor's Note
2002 Act No. 224, Section 5, provides as follows:
"This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date."
Effect of Amendment
2016 Act No. 154, Section 1, rewrote (A), (B), and (C).
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Property
Section 16-11-10. "Dwelling house" defined in case of burglary, arson and other criminal offenses.
Section 16-11-30. Possession of master keys and nonowner key sets.
Section 16-11-130. Burning personal property to defraud insurer.
Section 16-11-140. Burning of crops, fuel or lumber.
Section 16-11-150. Burning lands of another without consent.
Section 16-11-160. Carrying fire on lands of another without permit.
Section 16-11-170. Wilfully burning lands of another.
Section 16-11-180. Negligently allowing fire to spread to lands or property of another.
Section 16-11-190. Attempts to burn.
Section 16-11-310. Definitions.
Section 16-11-311. Burglary; first degree.
Section 16-11-312. Burglary; second degree.
Section 16-11-313. Burglary; third degree.
Section 16-11-325. Common law robbery classified as felony; penalty.
Section 16-11-330. Robbery and attempted robbery while armed with deadly weapon.
Section 16-11-345. Cardboard placards.
Section 16-11-350. Train robbery by stopping train.
Section 16-11-360. Robbery after entry upon train.
Section 16-11-370. Robbery of operators of motor vehicles for hire.
Section 16-11-390. Safecracking.
Section 16-11-410. Citation of article.
Section 16-11-420. Intent and findings of General Assembly.
Section 16-11-430. Definitions.
Section 16-11-510. Malicious injury to animals and other personal property.
Section 16-11-535. Malicious injury to place of worship.
Section 16-11-560. Burning or cutting untenanted or unfinished buildings.
Section 16-11-570. Injury or destruction of buildings or crops by tenant.
Section 16-11-590. Destruction of sea oat or Venus's flytrap plants.
Section 16-11-600. Notice of trespassing; purple paint.
Section 16-11-610. Entry on another's lands for various purposes without permission.
Section 16-11-615. Payment of treble damages; discharge from further penalty.
Section 16-11-617. Entry on another's land for purpose of cultivating marijuana.
Section 16-11-625. Public library trespass; warning; appeal; penalties.
Section 16-11-640. Unlawful entry into enclosed places.
Section 16-11-660. Traveling outside of road on cultivated lands.
Section 16-11-670. Pleading satisfaction in prosecutions under Sections 16-11-650 and 16-11-660.
Section 16-11-680. Altering and removing landmarks.
Section 16-11-690. Failure to return boat, flat or tool used for mining phosphate.
Section 16-11-720. Dumping trash in or along shoreline of Lake Greenwood; penalties.
Section 16-11-740. Malicious injury to telegraph, telephone or electric utility system.
Section 16-11-750. Unlawful injury or interference with electric lines.
Section 16-11-755. Operation of certain motor vehicles on utility rights of way unlawful; penalties.
Section 16-11-770. Illegal graffiti vandalism; penalty; removal or restitution.
Section 16-11-810. Short title.
Section 16-11-815. Definitions.
Section 16-11-825. Unauthorized connection or use of device to cable television system.
Section 16-11-830. Aiding or abetting another person in obtaining cable service without payment.
Section 16-11-835. Sale, lease, or advertising of equipment for avoidance of cable service charge.
Section 16-11-840. Unauthorized device designed to decode or descramble cable television signal.
Section 16-11-850. Receipt of signals from air by use of satellite dish or antenna.
Section 16-11-910. Prohibitions relative to sound recordings; application of section.
Section 16-11-911. Definitions; unlawful recording of motion pictures.
Section 16-11-940. Penalties for violations of Section 16-11-930.