South Carolina Code 50-1-85. Use of firearms or archery tackle in criminally negligent manner; penalties; seizure of license; disposition of monetary penalties
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be:
Terms Used In South Carolina Code 50-1-85
- convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
- Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
- Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
(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.