S.C. Code § 50-1-85

Current through 2024 Act No. 225.

Section 50-1-85 - Use of firearms or archery tackle in criminally negligent manner; penalties; seizure of license; disposition of monetary penalties

It is unlawful for any person to use a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting in a criminally negligent manner. Criminal negligence is defined as the reckless disregard for the safety of others.

A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be:

(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.

S.C. Code § 50-1-85

1993 Act No. 181, Section 1257; 1988 Act No. 556.

Code Commissioner's Note

Pursuant to 2017 Act No. 96, Section 14, the reference to "Victim's Compensation Fund" in the last paragraph was changed to "Victim Compensation Fund".