South Carolina Criminal Defense Blog

Arson:

1st degree Arson still carries a maximum potential sentence of up to 30 years, but arson 2nd degree now carries a maximum penalty of 3-25 years (formerly 5-25) and arson 3rd degree is now 0-15 (formerly 1-10).

Lynching:

The crime of lynching is now called "assault and battery by mob." Assault and battery by mob in the 1st degree is where two or more people assault someone and the victim dies, and it is punishable by 30 - life (lynching in the 1st degree was formerly punishable by death). Assault and battery by mob in the 2nd degree, resulting in serious bodily injury, is now 3-25 (lynching 2nd degree was formerly 3-20), and there is a new tier for assault and battery by mob in the 3rd degree, resulting in plain jane bodily injury, which is punishable by not more than a year in prison.

Attempted Murder:

Until now, there has been no attempted murder offense in South Carolina other than the common law offense of assault and battery with intent to kill, which carried up to 20 years in prison. S1154 creates a new statutory offense of attempted murder, punishable by up to 30 years in prison - "a person who, with intent to kill, attempts to kill another person with malice aforethought, either express or implied, commits the offense of attempted murder." By statute, assault and battery high and aggravated and 1st, 2nd, and 3rd degree are lesser included offenses of attempted murder.

Assault and battery:

S1154 does away with the common law offenses of assault and battery, creates a series of tiered offenses:

Assault and battery of a high and aggravated nature (ABHAN) is now the equivalent of what used to be assault and battery with intent to kill (ABWIK), and is a felony that carries a potential sentence of up to 20 years. There must be a battery (unlike the lesser assault and batteries which could be proven with only an assault), and it must either result in great bodily injury or it must have been done by a means likely to produce death or great bodily injury. (great bodily injury = causes a substantial risk of death or causes serious disfigurement or loss or impairment of a bodily member or organ)

Assault and battery in the first degree is the equivalent of what used to be ABHAN, and is a misdemeanor that carries up to 10 years. A battery is not necessary - it can be:
1) an assault and battery where injury results and
i) it involves nonconsensual touching of the private parts of an adult with lewd intent or
ii) it occurred during the commission of a robbery, burglary, kidnapping, or theft; or it can be
2) an assault, with no battery,
i) by means that are likely to produce death or great bodily injury (as opposed to ABHAN, where a battery was required) or
ii) that occurred during the commission of a robbery, burglary, kidnapping, or theft.

Assault and battery in the second degree creates a new tier that did not exist under the old law, and is a misdemeanor that carries up to three years. Like A/B first degree, no battery is necessary - it is an assault or an assault and battery where:
1) moderate bodily injury results or could have resulted (moderate bodily injury = physical injury requiring treatment (complex surgery or use of anesthesia) to an organ system other than skin, muscles, or connective tissues; or
2) there is nonconsensual touching of the private parts.

Assault and battery in the third degree is the equivalent of the common law assault and battery, except that no battery is required - if a person injures another person or attempts to injure another person - and is punishable by up to 30 days.