Bill 2331

                    Current Status

Bill Number:               2331
Ratification Number:       559
Act Number                 449
Introducing Body:          House
Subject:                   Relating to the crime of arson

(A449, R559, H2331)

AN ACT TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ARSON, SO AS TO DESIGNATE MALICIOUS BURNING OF PROPERTY WHICH THREATENS A LIFE AS ARSON IN THE FIRST DEGREE; DESIGNATE THE PRESENT CRIME OF ARSON AS ARSON IN THE SECOND DEGREE AND THE MALICIOUS BURNING OF BUILDINGS OTHER THAN DWELLING HOUSES AS ARSON IN THE THIRD DEGREE; PROVIDE PENALTIES FOR EACH DEGREE OF ARSON; TO AMEND SECTION 16-11-190, RELATING TO THE CRIME OF ATTEMPTED ARSON, SO AS TO INCREASE THE TERM OF IMPRISONMENT FROM NOT LESS THAN ONE NOR MORE THAN TWO YEARS TO NOT LESS THAN ONE NOR MORE THAN TEN YEARS AND TO INCREASE THE FINE FROM AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS TO NOT MORE THAN TEN THOUSAND DOLLARS; AND TO REPEAL SECTION 16-11-120 RELATING TO THE ARSON OF CERTAIN BUILDINGS.

Be it enacted by the General Assembly of the State of South Carolina:

Malicious burning of property

Section 1. Section 16-11-110 of the 1976 Code is amended to read:

"Section 16-11-110. (A) Any person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, conunsels or procures the buring of a building or structure which results in the destruction or damage to such building or the burning of a building or structure, which results, either directly or indirectly, in death or serious bodily injury to any person shall be deemed guilty of arson in the first degree and upon conviction thereof be imprisoned for not less than five nor more than twenty-five years.

(B) Any person who (a) wilfully and maiciously causes an explosion, sets fire to, or burns, or causes to be burned or (b) aids, counsels or procures the burning of any dwelling house or any kitchen, shop, barn, stable or other outhouse that is parcel thereof or belonging to or adjoining thereto, whether the property of himself or on another shall be deemed guilty of arson in the second degree and upon conviction thereof be imprisoned for not less than two nor more than twenty years.

(C) Any person who wilfully and maliciously causes an explosion sets fire to or burns, or causes to be burned, aids counsels or procures the burning of a building other than those specified in subsections (A) and (B) of this section with intent to destroy or damage such a building whether his own or another's, shall be deemed guilty of arson in the third degree and upon conviction shall be imprisoned for not less than one and not more than ten years."

Penalty

Section 2. Section 16-11-190 of the 1976 Code is amended to read:

"Section 16-11-190. Any person who wilfully and maliciously attempts to set fire to or to burn or to aid, councel or procure the burning of any of the buildings or property mentioned in Sections 16-11-110 to 16-11-140 or who commits any act preliminary thereto or in furtherance thereof shall, upon conviction, be imprisoned for not less than one nor more than ten years or fined in an amount not to exceen ten thousand dollars."

Provisions to be cumulative

Section 3. The provisions of Section 16-11-110 of the 1976 Code, as amended in Section 1 of this act, are cumulative to and not in lieu of other provisions of Chapter 11 of Title 16 of the 1976 Code.

Repeal

Section 4. Section 16-11-120 of the 1976 Code is repealed.

Time effective

Section 5. This act shall take effect upon the approval by the Governor.