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South Carolina Code 16-13-230. Breach of trust with fraudulent intent

(A) A person committing a breach of trust with a fraudulent intention or a person who hires or counsels another person to commit a breach of trust with a fraudulent intention is guilty of larceny.

(B) A person who violates the provisions of this section is guilty of a:

(1) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the amount is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount is more than two thousand dollars but less than ten thousand dollars;

(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount is ten thousand dollars or more.

Legislative history
1962 Code Section 16-365; 1952 Code Section 16-365; 1942 Code Section 1149; 1932 Code Section 1149; Cr. C. '22 Section 43; Cr. C. '12 Section 188; Cr. C. '02 Section 154; G. S. 2493; R. S. 150; 1866 (13) 406; 1993 Act No. 171, Section 10; 1993 Act No. 184, Section 114; 2010 Act No. 273, Section 16.N, eff June 2, 2010.
Comments (14)add comment
anon: ...
I work for a retail store. My manager has edited myand other timecard without my consent to keep the employees out of overtime. We worked those hours and the company owes us money. How do we pursue this matter legally?
1

January 08, 2013
Nichole: ...
Contact labor board in your area.
2

February 26, 2013
rose blackwell: ...
My son helped out at a junk yard and got some tires from the owner and agreed to pay later. He had the tires a couple of months, then realized he couldn't pay. The owner started threatening my son with bodily harm. My son offered to return the tires (still in very good condition), but the owner refused return, and continued with verbal threats. Finally my son offered the tires returned and $200.00, but the owner refused. My son was told by a friend that the owner was asking around where I (the mother) live. The owner says he has some breach of trust papers he wants to serve. My son is temporarily staying with me. The threats the owner has made worry me. Also wouldn't a deputy be the one to serve papers, not the owner or his lawyer as he has told my son's friend?? Help, my son tried to work this out reasonably with the owner but the owner was totally unreasonable, Help, need advice...
3

March 08, 2013
rose blackwell: ...
(continued)
My son thought the agreed price for the tires was $540.00 but now the owner says it was $640.00. My son says he could be wrong. The price may have been $640.00.
4

March 08, 2013
Steven Brown: ...
My mother and I shared a checking account which at the time made things easier for me as she took care of my business and personal bills. I have found out that money that was being deposited into it from the VA has been taken for about 8 years to a total of around 8000. I'm not sure if there's any recourse since she could sign on it but the money was not used for anything of mine. Note this was an account that only I deposited money into. I'm just wondering what I can do to recoup my losses, if anything.
5

March 12, 2013
Sarah C: ...
I have a question concerning a charge of breach of trust. I plead guilty to get it over with, however I didn't realize the seriousness of the charge. Years later it's hard to gain employment because of this conviction (16-13-230). My question is, is it likely for me to be able to get my record expunged? Please I need help. Since then I have gone to college and earned a BS degree in Healthcare administration. It is hard for me to find employment with this on my record... Thanks in advance for your help. S.C
6

March 26, 2013
Angela Covington: ...
I got a title loan on my vehicle and can't pay what I owe. I need the vehicle to work, so I've been hiding it and using it for work purposes. They turned it over to the recovery center, and he still can't find it, so he said he was going to sign a warrant on me for breach of trust. Can he do that?
7

July 25, 2013
Steven Daily: ...
Rose,
It sounds like the owner considers the tires stolen or embezzled. South Carolina Code section 16-13-230 does cover cases where employees take property entrusted to their safekeeping by their employer, known in South Carolina as "breach of trust" and elsewhere as embezzlement.

But he may be trying to serve your son with a small claims court lawsuit. You are right that he or his lawyer cannot do this personally. Your son should try to work something out with the owner. Good luck to him.

Steven,
It is not clear what you are looking to accomplish. Criminal charges being brought against your mother for breach of trust under section 16-13-230? Do you want to sue her for the $8,000. As you say, you allowed the money to be deposited into an account she was entitled to use, but it sounds like she was entrusted to simply use it to pay your bills, not her own expenses. This might be considered a case of "breach of trust" under the S.C. Code but again, what does that gain you to have your mother possibly arrested?

Sarah,
Whether you qualify for expungement of your conviction for breach of trust depends on the details of your conviction, but it may be possible, especially if it was your first offense. See more information about this here under section 22-5-910 of the South Carolina Code:

http://www.lawserver.com/law/state/south-carolina/sc-code/south_carolina_code_22-5-910

And here:

http://www.scsolicitor9.org/expungement.htm

Angela,
Simply making the car hard to find does not sound like a case of criminal "breach of trust" under S.C. Code section 16-14-230 to me, though you may be damaging your credit worse by prolonging the inevitable. Breach of trust involves cases where a person is in a position of trust (an employee, for example), and abuses the trust by taking property. This is often called embezzlement. Someone who merely takes a title loan is not in a "position of trust" vis-a-vis the lender. Consult with a local attorney if you are looking for legal advice about your situation. Good luck to you.

Steve Daily
LawServer.com
8

July 26, 2013
mark griffith: ...
I was called to a trucking company to repair a truck.the bill was 640.00,the owner was having money problems so I reduced it to 500.00.he paid me 100.00 a week later.said he would pay the rest today.now he don't want to pay.is this breech of trust?
9

September 30, 2013
Jeff S. Murray: ...
I own a business and have a manager that I recently found out she is going behind my back and telling other employees a lot of lies to get them against me and also to clients. My business is a family owned that I purchased from my parents which they hold the mortgage as a retirement income. Is there anything that I can do should this come to a head? I'm shocked at hearing this and have called a few clients and each of them have confirmed it to me.
10

December 04, 2013
Ms.P: ...
If you give some one personal representative powers over your kids Dental Appointments in your absence and they go back and change your address to theirs to now receive your mail without me knowing and sign my name on medical documents when i was not present it this legal in state of south carolina
11

December 28, 2013
ms.p: ...
Thanks if you could answer
12

December 28, 2013
Barry Garrett : ...
is there a statute of limitations on S.C.16-13-230 (3)
13

January 19, 2014
kbryant: ...
My daughter used to work for Walmart. She left after being accused for stealing from the register. Her story...she went to lunch and forgot to log out of the register. It's possible but I wasn't there so I can't say. She was pulled over for speeding today there was a warrant. Breach of trust $2000 or less. Large company has cameras there should be a tape. My main question is will this be considered a misdemeanor? Do I need to start looking for a lawyer.
14

March 13, 2014

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