(A) A person who operates any water device while his privileges are suspended is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for thirty days for the first violation; for a second violation must be fined five hundred dollars and imprisoned for sixty consecutive days; and for a third or subsequent violation must be imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

(B) If the privileges of the person convicted were suspended pursuant to the provisions of § 50-21-112 or 50-21-113, he must be punished as follows and no part of the minimum sentence may be suspended:

Terms Used In South Carolina Code 50-21-117

  • 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
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Water device: means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device. See South Carolina Code 50-21-10

(1) for a first offense, imprisoned for not less than ten nor more than thirty days;

(2) for a second offense, imprisoned for not less than sixty days nor more than six months;

(3) for a third and subsequent offense, not less than six months nor more than three years.

(C) A person who is convicted under the provisions of subsection (A) must have his privileges suspended for an additional three years by the department.

(D) The suspension penalties assessed under this section are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed.

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