Criminal penalties in South Carolina
Checked in October 2026 against the Code of Laws of South Carolina 1976, on the South Carolina Legislature's website.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How South Carolina sets penalties
- South Carolina states most penalties section by section, usually as 'imprisoned not more than' a number of years, and sometimes with a minimum. It does not use felony classes in the sections read for this table.
- Murder is a single offence ('killing of any person with malice aforethought, either express or implied'). The section sets the sentence at death, or a mandatory term of 30 years to life.
- Some crimes come in degrees (burglary, arson, assault and battery, criminal sexual conduct). The tables show each degree from the mildest.
- Where a statute says a person 'must be imprisoned not more than' a term, the court may impose any shorter term. Fines are 'in the discretion of the court' unless the section names a figure.
Death penalty: Yes. A person convicted of murder must be punished by death, or by a mandatory term of 30 years to life (S.C. Code Ann. § 16-3-20). Where death is sought and not recommended by the jury, the judge must impose life imprisonment. 'Life' means until the death of the offender, without parole.
First-degree murder
Death, or a mandatory term of 30 years to life
Murder (Felony)
- Least
- 30 years (mandatory minimum)
- Most
- Death, or imprisonment for life (until death, without parole)
South Carolina has no degrees of murder. The section defines murder as the killing of any person with malice aforethought, either express or implied.
Second-degree murder
The same offence: death, or 30 years to life
Murder (no separate lesser degree) (Felony)
- Least
- 30 years (mandatory minimum)
- Most
- Death, or imprisonment for life (until death, without parole)
South Carolina has no second-degree murder. A killing without malice is manslaughter (next row).
Voluntary manslaughter
2 to 30 years (manslaughter); up to 5 years (involuntary manslaughter)
Involuntary manslaughter (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
Manslaughter (voluntary: an unlawful killing without malice) (Felony)
- Least
- 2 years
- Most
- 30 years
'Manslaughter' is the unlawful killing of another without malice, express or implied. Involuntary manslaughter requires criminal negligence, defined as a reckless disregard of the safety of others.
Robbery
Up to 15 years (common law robbery) up to 10 to 30 years (armed robbery)
Common law robbery (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
Attempted armed robbery (armed with a deadly weapon, or alleging that one is armed) (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
Armed robbery (armed with a pistol, dirk, razor or other deadly weapon, or alleging by words or action that one is armed) (Felony)
- Least
- 10 years (mandatory; no part may be suspended, no parole before 7 years served)
- Most
- 30 years
Burglary
Up to 5 years (third degree) up to life (first degree)
Burglary in the third degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years for a first offence (10 years for a second)
Burglary in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years (15 years for the form in subsection (B)); no parole until one third of the term for the 15-year form
Burglary in the first degree (Felony)
- Least
- 15 years (the court may sentence to a term of not less than 15 years)
- Most
- Life imprisonment (until death)
Arson
Up to 15 years (third degree) up to at least 30 years (first degree)
Arson in the third degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
Arson in the second degree (a dwelling house, church and other listed buildings) (Felony)
- Least
- 3 years
- Most
- 25 years
Arson in the first degree (a burning that results in death or serious bodily injury) (Felony)
- Least
- 30 years
- Most
- No maximum stated in the section
The section sets no maximum for first-degree arson, only a minimum of 30 years.
Aggravated assault
30 days (third degree) up to 20 years (high and aggravated nature)
Assault and battery in the third degree (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 30 days
- Fine
- A fine of up to $500
Assault and battery in the second degree (nonconsensual touching of private parts, or the other listed forms) (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- A fine of up to $2,500
Assault and battery in the first degree (by means likely to produce death or great bodily injury, or during a robbery, burglary, kidnapping or theft) (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
Assault and battery of a high and aggravated nature (ABHAN) (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
South Carolina's top assault offence is 'assault and battery of a high and aggravated nature' (great bodily injury, or means likely to produce death or great bodily injury).
Rape and sexual assault
Up to 10 years (third degree) up to 30 years (first degree)
Criminal sexual conduct in the third degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
Criminal sexual conduct in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
Criminal sexual conduct in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 30 years
Kidnapping
Up to 30 years
Kidnapping (Felony)
- Least
- No minimum term set by the statute
- Most
- 30 years
Embezzlement
Up to 30 days (up to $2,000) up to 10 years ($10,000 or more)
Breach of trust with fraudulent intent, $2,000 or less (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 30 days
- Fine
- A fine of up to $1,000
Breach of trust with fraudulent intent, more than $2,000 but less than $10,000 (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine in the discretion of the court
Breach of trust with fraudulent intent, $10,000 or more (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine in the discretion of the court
South Carolina punishes 'breach of trust with fraudulent intent', by the amount involved.
Forgery
Up to 3 years (no dollar amount) up to 10 years ($10,000 or more)
Forgery that does not involve a dollar amount (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- A fine in the discretion of the court, or both
Forgery of less than $10,000 (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine in the discretion of the court, or both
Forgery of $10,000 or more (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine in the discretion of the court, or both
Drunk driving, first offence
A fine of $400 or 48 hours to 30 days (first offence), with higher penalties at higher alcohol levels
Driving under the influence, first offence (Misdemeanor)
- Least
- 48 hours (the court may substitute 48 hours of public service)
- Most
- 30 days
- Fine
- A fine of $400
The section also sets higher penalties for a first offence at higher alcohol concentrations (for example a fine of $500 or 72 hours to 30 days from 0.10 to under 0.16). A court may allow public service in place of the 48-hour minimum.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, Delaware, North Dakota, South Dakota, Alabama, Alaska.
