(A) It is unlawful for a person to rummage through or steal another person’s household garbage or litter, as defined in § 44-67-30(4), for the purpose of committing financial identity fraud or identity fraud or identity theft as defined in §§ 16-13-510 and 37-20-110.

(B)(1) A person that violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars for the first violation and one thousand dollars for each subsequent violation.

Attorney's Note

Under the South Carolina Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class F felonyup to 5 years
For details, see § 16-1-20

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Terms Used In South Carolina Code 16-11-725

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.

(2) A person who knowingly and wilfully violates the provisions of this section is guilty of a Class F felony and, upon conviction, must be imprisoned not more than five years and fined not more than one thousand dollars, or both.

(C) A conviction pursuant to the provisions of this section and the possession of identifying information as defined in § 16-13-510 is prima facie evidence of financial identity fraud, identity fraud, or identity theft pursuant to §§ 16-13-510 and 37-20-110.

(D) This section does not prohibit a duly constituted officer of the law from performing his official duties in ferreting out offenders or suspected offenders against violating the laws of this State or a county or municipality for the purpose of apprehending the suspected violator. The provisions of this section must not be construed to give an officer any additional rights or powers upon private property but must be construed as preserving only his previous powers.