(A) As used in this section:
(1) "Retail property" means a new article, product, commodity, item, or component intended to be sold in retail commerce.
(2) "Retail property fence" means a person or business that buys retail property knowing or believing that the retail property is stolen.
(3) "Theft" means to take possession of, carry away, transfer, or cause to be carried away the retail property of another with the intent to steal the retail property.
(4) "Value" means the retail value of an item as offered for sale to the public by the affected retail establishment and includes all applicable taxes.
(B) It is unlawful for a person to:
(1) commit theft of retail property from a retail establishment, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to sell the retail property for monetary or other gain, and sell, barter, take, or cause the retail property to be placed in the control of a retail property fence or other person in exchange for consideration;
(2) conspire with another person to commit theft of retail property from a retail establishment, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to:
(a) sell, barter, or exchange the retail property for monetary or other gain; or
(b) place the retail property in the control of a retail property fence or other person in exchange for consideration; or
(3) receive, possess, or sell retail property that has been taken or stolen in violation of item (1) or (2) while knowing or having reasonable grounds to believe the property is stolen. A person is guilty of this offense whether or not anyone is convicted of the property theft.
(C) Acts committed in different counties that have been aggregated in one count may be indicted and prosecuted in any one of the counties in which the acts occurred. In a prosecution for a violation of this section, the State is not required to establish and it is not a defense that some of the acts constituting the crime did not occur within one city, county, or local jurisdiction.
(D) Property, funds, and interest a person has acquired or maintained in violation of this section are subject to forfeiture pursuant to the procedures for forfeiture as provided in Section 44-53-530.
(E) A person who violates this section:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both; and
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than twenty years, or both.
HISTORY: 2013 Act No. 82, Section 2, eff June 13, 2013.
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 13 - Forgery, Larceny, Embezzlement, False Pretenses And Cheats
Section 16-13-30. Petit larceny; grand larceny.
Section 16-13-35. Presumed value of credit card subject to larceny.
Section 16-13-40. Stealing of bonds and the like.
Section 16-13-50. Stealing livestock; confiscation of motor vehicle or other chattel.
Section 16-13-60. Stealing dogs.
Section 16-13-65. Aquaculture operations; stealing or damaging products or facilities.
Section 16-13-66. Penalties for violating Section 16-13-65.
Section 16-13-70. Stealing of vessels and equipment; payment of damages.
Section 16-13-80. Larceny of bicycles.
Section 16-13-100. Stealing crude turpentine.
Section 16-13-105. Definitions; shoplifting and similar offenses.
Section 16-13-110. Shoplifting.
Section 16-13-111. Reports of shoplifting convictions.
Section 16-13-120. Shoplifting; presumptions from concealment of unpurchased goods.
Section 16-13-130. Sections 16-13-110 and 16-13-120 cumulative.
Section 16-13-135. Retail theft; penalties.
Section 16-13-140. Defense to action for delay to investigate ownership of merchandise.
Section 16-13-150. Purse snatching.
Section 16-13-170. Entering house or vessel without breaking with intent to steal; attempt to enter.
Section 16-13-175. Confiscation and forfeiture of motor vehicle used in larceny; hearing.
Section 16-13-177. Timber theft; forfeiture of property.
Section 16-13-181. Action for damages resulting from violation of Section 16-13-180.
Section 16-13-185. Failure to pay for gasoline; penalties.
Section 16-13-210. Embezzlement of public funds.
Section 16-13-230. Breach of trust with fraudulent intent.
Section 16-13-240. Obtaining signature or property by false pretenses.
Section 16-13-260. Obtaining property under false tokens or letters.
Section 16-13-290. Securing property by fraudulent impersonation of officer.
Section 16-13-300. Fraudulent removal or secreting of personal property attached or levied on.
Section 16-13-310. Taking official records without authority.
Section 16-13-330. Stealing or damaging works of literature or objects of art.
Section 16-13-331. Unauthorized removal or concealment of library property prohibited; penalty.
Section 16-13-350. Posting copies of Sections 16-13-330 to 16-13-370.
Section 16-13-360. Disposition of fines collected under Sections 16-13-330 and 16-13-340.
Section 16-13-370. Cumulative effect of Sections 16-13-330 to 16-13-360.
Section 16-13-380. Theft of electric current.
Section 16-13-385. Altering, tampering with or bypassing electric, gas or water meters; penalties.
Section 16-13-390. Cheating producers of electricity.
Section 16-13-400. Avoiding or attempting to avoid payment of telecommunications services.
Section 16-13-430. Fraudulent acquisition or use of food stamps.
Section 16-13-451. Unlawful submission of documentation required under Section 16-13-450.
Section 16-13-470. Defrauding drug and alcohol screening tests; penalty.
Section 16-13-480. Providing false identifications for use by unlawful aliens; penalty.
Section 16-13-500. Citation of article.
Section 16-13-510. Financial identity fraud or identity fraud; penalty.
Section 16-13-512. Printing credit and debit card numbers on sales receipts; exceptions; penalties.