(A) It is unlawful to maliciously damage or destroy a farm product, research facility, or research equipment used for testing or research in conjunction or coordination with a private research entity, a university, or any federal, state, or local governmental agency.
(B) If a person violates subsection (A) and the value of the farm product, research facility, or research equipment is:
(1) less than five hundred dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both;
(2) five hundred dollars or more, the person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.
(C) The court may order the defendant to make restitution for the damage or destruction caused. For the purpose of ordering restitution, the court shall determine the market value of the farm product, research facility, or research equipment prior to the damage or destruction and, in so doing, shall include the cost of production, research, testing, replacement, and product development directly related to the product damaged or destroyed.
(D) The offenses and penalties provided in this section are supplemental and in addition to all other offenses and penalties provided by law.
(E) For purposes of this section:
(1) "Farm product" means horticultural, aquacultural, viticultural, forestry, floricultural, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.
(2) "Research facility" means greenhouses, buildings, and offices in which farm product research is conducted.
(3) "Research equipment" means files, data, computers, tractors, sprayers, seeders, tools, vehicles, plants, containers, and any other item pertinent to farm product research.
HISTORY: 2002 Act No. 232, Section 1, eff May 1, 2002.
Structure South Carolina Code of Laws
Chapter 1 - General Provisions; Offenses
Section 46-1-20. Stealing crops from the field.
Section 46-1-30. Stealing melons or fruit.
Section 46-1-40. Stealing tobacco plants from beds.
Section 46-1-50. Injuring or burning turpentine farms.
Section 46-1-60. Making away with or disposing of produce before paying.
Section 46-1-70. Factors or commission merchants failing to account for produce.
Section 46-1-90. Fines from State Agricultural Fair to go to its treasurer.
Section 46-1-110. Enforcement of Sections 46-1-100 to 46-1-120.
Section 46-1-120. Penalties for violating Sections 46-1-100 to 46-1-120.
Section 46-1-130. Burial of migrant agricultural workers.
Section 46-1-150. Time for compliance with Section 46-1-140.
Section 46-1-160. South Carolina Farm Aid Fund; Farm Aid Advisory Board; definitions.