Discharging firearms into dwellings and other structures, the official text

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A138, R181, H3650)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-1-60, RELATING TO OFFENSES DEFINED AS VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF DISCHARGING FIREARMS AT OR INTO A DWELLING HOUSE, OTHER BUILDING, STRUCTURE, ENCLOSURE, VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT; AND BY AMENDING SECTION 16-23-440, RELATING TO DISCHARGING FIREARMS INTO A DWELLING HOUSE, OTHER BUILDING, STRUCTURE, ENCLOSURE, VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT, SO AS TO CREATE A TIERED PENALTY STRUCTURE.

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

Violent crimes defined

SECTION 1. Section 16-1-60 of the S.C. Code is amended to read:

Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, second, and third degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-2020); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); domestic violence of a high and aggravated nature (Section 16-25-65); domestic violence in the first degree (Section 16-25-20(B)); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-11-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); discharging firearms at or into a dwelling house, other building, structure, enclosure, vehicle, aircraft, watercraft, or other conveyance, device, or equipment (Section 16-23-440); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.

Discharging firearms into certain structures, offenses revised

SECTION 2. Section 16-23-440 of the S.C. Code is amended to read:

Section 16-23-440. (A) It is unlawful for a person to knowingly, unlawfully and deliberately or with a reckless disregard for life discharge or cause to be discharged firearms at or into a dwelling house, other building, structure, or enclosure regularly occupied by persons unless it is in defense of that person's own property or the life of himself or another as provided in Title 16, Chapter 11, Article 6. A person need not have a specific intent to strike a dwelling house, other building, structure, or enclosure regularly occupied by persons to be guilty under this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than:

(1) twenty thousand dollars and imprisoned not more than ten years; and

(2) fifty thousand dollars and imprisoned not more than fifteen years when any occupant is struck or bodily injury occurs as a proximate cause of the discharge of a firearm.

(B) It is unlawful for a person to knowingly, unlawfully and deliberately or with a reckless disregard for life discharge or cause to be discharged firearms at or into any vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied unless it is in defense of that person's own property or the life of himself or another as provided in Title 16, Chapter 11, Article 6. A person need not have a specific intent to strike a vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied by persons to be guilty under this section. For purposes of this section an unmanned aerial vehicle shall not constitute an aircraft. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than:

(1) twenty thousand dollars and imprisoned not more than ten years; and

(2) fifty thousand dollars and imprisoned not more than fifteen years when any occupant is struck or bodily injury occurs as a proximate cause of the discharge of a firearm.

(C) A person who discharges or causes to be discharged a firearm in a criminally negligent manner while in preparation for, engaged in the act of, or returning from hunting, in violation of Section 50-1-85, cannot be charged with a violation of this section. Nothing however herein prohibits the charging of a violation under any other applicable section.

Savings clause

SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 14th day of May, 2026.

Approved the 15th day of May, 2026.

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