It is unlawful for any person to use a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting in a criminally negligent manner. Criminal negligence is defined as the reckless disregard for the safety of others.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be:
(1) in a case where no personal injury or property damage occurs, fined not more than two hundred dollars or imprisoned for not more than thirty days;
(2) in the case of property damage only, fined not more than one thousand dollars nor less than five hundred dollars or imprisoned for not more than six months, and the court must order restitution to the owner of the property;
(3) in the case of bodily injury to another, fined not less than five hundred dollars nor more than two thousand, five hundred dollars or imprisoned for not more than two years; if the bodily injury results in disfigurement, total or partial permanent disability, be imprisoned for not less than sixty days nor more than two years;
(4) in the case of death, be imprisoned for not less than three months nor more than three years.
No part of the minimum fines and penalties provided in this section may be suspended by any court in this State.
In addition to the criminal penalties provided above, the department must seize immediately the license of a person charged under this section and, upon conviction, the hunting privileges of a person convicted under item (1) or (2) above must be suspended for one year. A person convicted under item (3) of this section shall lose his privilege to hunt for three years, and a person convicted under item (4) of this section shall lose the privilege of hunting for five years.
A person convicted of hunting while his license is suspended under the provisions of this section must be fined not less than five hundred dollars nor more than two thousand, five hundred dollars or imprisoned for not more than two years and shall have his hunting privileges suspended for an additional five years.
The person may not obtain another hunting license until he has completed satisfactorily a hunter's safety program conducted by the department.
All monetary penalties shall be remitted to the South Carolina Victim Compensation Fund.
HISTORY: 1988 Act No. 556; 1993 Act No. 181, Section 1257.
Code Commissioner's Note
Pursuant to 2017 Act No. 96, Section 14, the reference to "Victim's Compensation Fund" in the last paragraph was changed to "Victim Compensation Fund".
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 1 - General Provisions
Section 50-1-10. Wild birds, wild game, and fish are property of State.
Section 50-1-20. "Hunters" and "hunting" defined.
Section 50-1-30. Classifications of birds, animals, and fish.
Section 50-1-40. Stocked or released exotic game birds.
Section 50-1-50. Geographic boundaries for certain bodies of water.
Section 50-1-60. Division of State into game zones.
Section 50-1-70. Application of game laws to zones.
Section 50-1-80. Peace officers to assist in enforcement of game and fish laws.
Section 50-1-90. Hunting, fishing, or trapping without consent on lands of others; penalties.
Section 50-1-100. Repealed by 2010 Act No. 200, Section 15, eff May 28, 2010.
Section 50-1-110. Disposition of game and fish unlawfully caught, taken, or killed.
Section 50-1-125. Wildlife defined; penalties for trafficking in wildlife.
Section 50-1-130. General penalties.
Section 50-1-136. Penalties for conspiracy.
Section 50-1-140. Receiving portion of fine imposed for violation of game and fish laws.
Section 50-1-160. Release of seized property to innocent owner or lienholder.
Section 50-1-180. Consent of General Assembly to Congressional rulemaking.
Section 50-1-190. Agreements with United States respecting wildlife of national forest lands.
Section 50-1-200. Powers of department over national forest lands.
Section 50-1-210. Violation of department rules pertaining to national forest lands.
Section 50-1-220. Application of Sections 50-1-180 to 50-1-220 to other federal or state lands.
Section 50-1-250. Acquiring rights of way to certain waters for public use.
Section 50-1-260. Vandalizing property seized by department.
Section 50-1-280. Nongame Wildlife and Natural Areas Fund.
Section 50-1-285. Admissibility of photographs; authentication.
Section 50-1-290. Unlawful to buy, sell, or possess for sale protected native wildlife; penalty.
Section 50-1-295. Removing or defacing buoys marking areas or bottoms; penalty.