weapon while resisting arrest is an even more serious felony offense.

Transcription

1 Where does the law come from? South Carolina's legal history spans back to the colonial period, well before the United States of America was formed. Our legal tradition began from English law. Common law is the tradition of law based on court decisions rather than acts of legislature. Our common law tradition still exists and many of these laws have been adopted by the South Carolina General Assembly. When the General Assembly passes laws, they are called statutory laws, because they are passed as statutes. Both the federal government and the South Carolina government have the power to enact statutes. The structure and power of the federal and state governments were created in their constitutions. What if I didn't know what I did was illegal? Even if you didn't know what you did was illegal, you are still responsible for your actions. When a law is passed by the legislature and signed by the governor or U.S. president, it becomes effective. When a law becomes effective, you are presumed to have knowledge of that law. Ignorance is not an excuse to break the law. This should encourage citizens to learn whether or not something is against the law. What should I do if I am arrested? Be respectful and cooperate with the arresting officer. Make sure that the officer explains why you are being arrested and what your rights are. You may want to speak with a lawyer before answering questions by the police in order to better understand your rights. If you are under 17, you are allowed to speak with a parent or guardian and are allowed to have them present during questioning. S.C. Code Section , Miranda v. Arizona, 384 U.S. 436 (1966) What if I resist arrest? Resisting arrest is a crime. Even if you believe you are innocent of the crime for which you were arrested, you should never resist arrest. If you assault, beat or wound a police officer, it is a felony offense. Using or threatening to use a deadly 1

2 weapon while resisting arrest is an even more serious felony offense. Penalty: Misdemeanor : fined between $500 and $1000 and/or up to one year in jail Felony : fined between $1000 and $10,000 and/or up to 10 years in jail S.C. Code Sections and What does felony mean? A felony is a very serious criminal offense. The penalty for most felonies include at least one year in jail. Being convicted of a felony can seriously affect your outlook for future opportunities. For example, in order to qualify for or maintain a LIFE scholarship, you cannot have a felony conviction. For nearly all job applications, you must disclose whether you have been convicted of a felony many companies will not hire a convicted felon. Also, when applying for admission to college or graduate school, you must also disclose whether you have been convicted of a felony, which can greatly reduce your chances for admission to many programs of study. What does misdemeanor mean? A misdemeanor is less serious than a felony, but can still lead to jail time, fines and other penalties. Often, multiple or subsequent misdemeanor charges will become felonies. What does aiding and abetting mean? " Aiding and abetting " occurs when a person who doesn't actually commit a crime helps or encourages another person to commit a crime. In South Carolina, an "aider and abettor" is guilty of the same crime as the primary wrongdoer. S.C. Code Section ; State v. Leonard, 355 S.E. 2d 270 (SC, 1987) Do I really have a permanent record? Even before you are considered an adult, you have a juvenile record that keeps track of your delinquencies. If you are taken into custody and go to court, the judge will consider whether or not you have a juvenile record when determining 2

3 your punishment. Your juvenile record can be used against you as an adult if the judge thinks it is important. At what age would I go to court as an adult? In South Carolina, the family court handles cases for anyone under 17. If the family court finds you guilty of an offense, it can place you in the custody of the Department of Juvenile Justice until you are 21 years old. However, if you are arrested for a more serious or violent crime, the judge will transfer you to circuit court to be tried as an adult, even if you are less than 17 years old. What are deadly weapons? A deadly weapon is any firearm or other item that is designed for the purpose of causing death. Also, if a weapon is not designed to be deadly but the manner by which it is used would cause death, it is considered a deadly weapon. Can I own a gun? It is illegal to own a pistol or handgun until you turn 21. It is illegal for anyone, other than military personnel, to possess a sawed-off shotgun, altered rifle or machine gun. S. C. Code Section and Title 23, Chapter 31, Article 5 Can I bring a gun or weapon to school, even if I am not going to use it? Absolutely not. You can't even keep it in your car or locker. It is a felony under South Carolina law for anyone except state, county or municipal law-enforcement officers or personnel authorized by school officials to carry, while on school property: a knife, blackjack, metal pipe or pole, firearm or any other type of weapon or device that may be used to inflict bodily injury. Penalty: Up to $1,000 and five years. In addition, the arresting officer may confiscate any weapon. A student caught bringing a firearm to school will be expelled from school for at least one year. S.C. Sections and

4 Can I get in trouble for playing with a gun that isn't loaded? Yes. Even if you legally possess a gun, pointing it at someone is against the law even if it isn't loaded. You can be sent to jail for up to five years and fined by the court. S.C. Sections Are there laws about fireworks? Even though fireworks are legal in South Carolina, there are several laws that apply to them. For instance, it is illegal to sell fireworks to anyone under 14 unless he or she is with a parent. You cannot set off fireworks within 600 feet of a school, hospital or church, or within 75 feet of a fireworks store or stand. Additionally, it is illegal to fire fireworks from or at any car or near a gas station. Fireworks are not allowed to be sold in all cities and counties. Also, some cities have their own laws affecting where fireworks may be set off, if at all. Be sure to know local laws where you live before playing with fireworks. S.C. Code Sections to Tobacco (Cigarettes, cigars, dip, chew, snuff) Tobacco products contain the powerfully addictive stimulant nicotine. In addition to nicotine, tobacco contains other harmful byproducts including tar and carbon monoxide and other chemicals. Dangerous effects of tobacco include: heart disease lung cancer and other types of cancer emphysema chronic bronchitis 4

5 Is it legal for me to buy cigarettes or tobacco? In South Carolina, it is illegal to sell tobacco products to minors under 18 years old. Penalties : First offense: Fine up to $25 Second offense: Fine up to $50 Third or subsequent offense: Fine more than $100 and between 60 days and one year imprisonment S.C. Code Section A lcohol (Beer, wine, liquor, wine coolers and other alcoholic beverages) Alcohol can permanently damage the liver, heart and brain. If used during pregnancy, it can severely harm the baby. If consumed carelessly, too much alcohol can even kill you. Additionally, consumption of alcohol by students on school property or during school activities is illegal and can lead to criminal penalties and sanctions at school. Some of the harmful physical and mental effects of alcohol include: loss of concentration, coordination and judgment inability to deal realistically with problems increased aggressive behavior difficulty learning and remembering What are South Carolina's laws concerning consumption of alcohol? underage drinking : Purchasing or possessing alcoholic liquor is illegal if you are under 21. Penalties: First offense: suspension of driver's license for 90 days and a fine between $100 and $200. 5

6 Second or subsequent offense: suspension of driver's license for six months and a fine between $100 and $200 or imprisonment of up to 30 days S.C. Code Sections , (a) open container : To have an open container of alcohol in a moving vehicle of any kind except in the trunk. First or subsequent offense: Up to $100 fine or 30 days imprisonment. S.C. Code Section using a fake id : To use someone else's driver's license or personal identification card. First offense: Up to $100 fine or 30 days imprisonment; driver's license suspended for 90 days. Second or subsequent offense: Up to $100 fine or 30 days imprisonment; driver's license suspended for six months. S.C. Code Sections (2), (4), (a) using an altered id: To alter a driver's license so as to provide false information. First offense: Up to $2,500 fine and six months imprisonment; driver's license suspended for 90 days. Second or subsequent offense: Up to $2,500 fine and six months imprisonment; driver's license suspended for 6 months. S.C. Code Sections (1), (3), (a) giving false information for the purpose of buying alcohol: It is illegal for a minor to lie to a clerk about his or her age in order to buy alcohol. Penalty: Fine between $50 and $100 and up to 30 days imprisonment. S.C. Code Section giving false information to a law enforcement officer: It is illegal to lie or give false information to a law enforcement officer. 6

7 First or subsequent offense: Up to $200 fine or 30 days imprisonment. S.C. Code Section If I'm under 21 can I drink alcohol at home with my parents' permission? You can drink alcohol at your parents' home with their permission. You can also drink alcohol as part of a religious ceremony, as long as the alcohol was purchased legally. Communion is an example of a religious ceremony where it is legal to consume alcohol. S.C. Code Section What is DUI? driving under the influence: Operating a motor vehicle with a Blood Alcohol Concentration (BAC) level of First offense: $300 fine or imprisonment between 48 hours and 30 days; driver's license suspended for six months. Second offense: Fine between $2,000 and $5,000; imprisonment between 48 hours and one year; driver's license suspended for one year. Third offense: Fine between $3,500 and $6,000; imprisonment between 60 days and three years; driver's license suspended for two years. Fourth or subsequent offense: Imprisonment for one to five years; driver's license permanently revoked; if the offender is the owner of the vehicle, then the vehicle can and will be confiscated at the time of arrest. S.C. Code Sections , , , , , What does "blood alcohol concentration (BAC) mean? It is the ratio of volume of alcohol to volume of breath or blood. (When you drink 7

8 alcohol it stays in your bloodstream for at least an hour, usually longer.) Blood alcohol content is measured by a Breathalyzer test or blood sample. What is a Breathalyzer test? Police ask you to blow into a special piece of equipment that can immediately determine your BAC. Costs involved with a first DUI conviction in South Carolina: Attorney's Fees $1,500-$2,000 Fine $300 Court Costs $300-$500 Chemical Test Assessment $50 ADSAP (Assessment and Treatment) $75-$300 Driver's License Reinstatement $30 Additional Insurance Premiums (required by law to carry additional coverage for 3 years) $3,500/year Total Average Cost of First DUI Conviction $13,500 Your drivers license will also be suspended for six months. Penalties imposed by the courts for breaking drug laws are very severe, ranging from probation or driver's license suspension to long prison terms and heavy fines. South Carolina outlaws the possession, consumption and distribution of illegal drugs. South Carolina and federal laws classify drugs based on their dangerous effects, potential for abuse and potential for addiction, as well any accepted medical (non-recreational) benefits they provide. The legal classifications of "controlled substances" generally determine the severity of the penalty for breaking the drug laws. For additional information on the dangers of drugs and drug abuse visit the South Carolina Department of Alcohol and Other Drug Abuse Services' online clearinghouse. 8

9 What are controlled substances? A controlled substance is any type of drug whose possession, distribution, use and sale is regulated by law, including narcotics, stimulants or hallucinogens. Is it illegal to share prescription drugs with others? Not all controlled substances are illegal in South Carolina. However, depending on their classifications, many drugs are subject to strict rules in their possession and use. South Carolina law states, It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription.... It is illegal to give or sell any prescription drug (such as Prozac, Zoloft, Zyrtec, Ritalin, Adderall, codeine, etc.) to a friend or classmate. S.C. Code Sections and Marijuana (Pot, grass, weed, bhang, dope, joint, doobie, Mary Jane, reefer, hash) possession:one ounce or less of marijuana or 10 grams or less of hashish first offense: Misdemeanor, up to 30 days and between $100 and $200 second or subsequent offense: Misdemeanor, up to one year and between $200 and $1000 S.C. Code Section (d)(3) growing, distributing or possession with intent to distribute: More than one ounce of marijuana or 10 grams of hashish first offense: Felony, up to five years and $5,000 second offense: Felony, up to 10 years and $10,000 third or subsequent offense: Felony, between five and 20 years and up to $20,000 S.C. Code Section (b)(3) 9

10 Cocaine (Coke, snow, flake, blow, free base, nose candy, rock and toot) possession: 10 grains or less of cocaine first offense: Misdemeanor, up to two years and $5,000 second offense: Felony, up to five years and $5,000 third or subsequent offense: Felony, up to five years and $10,000 S.C. Code Section (d)(1) manufacturing, distributing or possession with intent to distribute: More than 10 grains of cocaine first offense: Felony, up to 15 years and $25,000 second offense: Felony, between five and 30 years and up to $50,000 third or subsequent offense: Felony, between 15 and 30 years and $50,000 S.C. Code Section (b)(1) Heroin (H, horse, smack, junk, black tar) possession: two grains or less of heroin first offense: Misdemeanor, up to two years and $5,000 second offense: Felony, up to five years and $5,000 third or subsequent offense: Felony, up to five years and $10,000 S.C. Code Section (d)(1) manufacturing, distributing or possession with intent to distribute: More than two grains of heroin first offense: Felony, up to 15 years and $25,000 second offense: Felony, between five and 30 years and up to $50,000 third or subsequent offense: Felony, between 15 and 30 years and $50,000 S.C. Code Section (b)(1) LSD (Acid, dose, Lucy in the Sky with Diamonds) 10

11 possession: 50 micrograms or less of LSD first offense: Misdemeanor, up to two years and $5,000 second offense: Felony, up to five years and $5,000 third or subsequent offense: Felony, up to five years and $10,000 S.C. Code Section (d)(1) manufacturing, distributing or possession with intent to distribute: more than 50 micrograms of LSD first offense: Felony, up to 15 years and $5,000 second offense: Felony, between five and 30 years and up to $50,000 third or subsequent offense: Felony, between 15 and 30 years and up to $50,000 S.C. Code Section (d)(1) Crack (Crack rock, crack cocaine, geek, moon-rock, 8-ball, boulders, gravel) possession: Felony possession of less than one gram of crack cocaine first offense: Up to five years and not less than $5,000 second offense: Up to 10 years and not less than $10,000 third or subsequent offense: Between 10 and 15 years and not less than $15,000 S.C. Code Section (a) manufacturing, distributing or possession with intent to distribute: Felony offense includes possessing one gram or more of crack cocaine first offense: Up to 15 years and not less than $25,000 second offense: Up to 25 years and not less than $50,000 third or subsequent offense: Between 15 and 30 years and up to $100,000 S.C. Code Section (b) 11

12 Methamphetamines (Crystal meth, ice, crank, speed) possession: Felony possession of less than one gram of methamphetamines first offense: Up to five years and not less than $5,000 second offense: Up to 10 years and not less than $10,000 third or subsequent offense: Between 10 and 15 years and not less than $15,000 S.C. Code Section (a) manufacturing, distributing or possession with intent to distribute: Felony offense includes possessing one gram or more of methamphetamines first offense: Up to 15 years and not less than $25,000 second offense: Up to 25 years and not less than $50,000 third or subsequent offense: Between 15 and 30 years and up to $100,000 S.C. Code Section (b) Anabolic Steroids (Juice, roids) Some people take steroids to build up strength and athletic ability. While they do build up muscles, steroids also damage the liver, heart and reproductive system. They can also cause people to become depressed or aggressive. Even years after people stop taking steroids, they can still have heart attacks and strokes because of steroid use. Steroids are legally available in some situations, but only by prescription. It is illegal to possess steroids without a valid prescription. What is the penalty for having steroids without a prescription? possession: 10 or fewer dosage units first offense: Misdemeanor, up to six months in jail and fine of $1,000 second or subsequent offense: Misdemeanor, up to one year in jail and fine of $2,000 S.C. Code Section (2) possession: More than 10 but less than 100 dosage units first offense: Misdemeanor, up to one year in jail and fine of $2,000 12

13 second or subsequent offense: Misdemeanor, up to two years in jail and fine of $3,000 S.C. Code Section (3) *In addition to the above, the driver's license of any person convicted of a controlled substance violation must be suspended for a period of one year. S.C. Code Section (a) Ritalin (itamin R, Methylphenidate) Can I share my Ritalin prescription with others? No. Ritalin is a Schedule II controlled substance that is strictly monitored for abuse. Schedule II drugs are the most restricted legal substances. Ritalin is included under that classification because, while it has legitimate medical purposes, it also has a high potential for abuse. S.C. Code Sections , and (c) Inhalants ("Huffing") Is it illegal to get high off the fumes of household chemicals? Yes. It is illegal, for the purposes of intoxication, inebriation, excitement, stupefaction or the dulling of someone's brain or nervous system to intentionally smell or inhale the fumes from any substance containing aromatic hydrocarbons (paint thinner, glue, etc.). Violation of this law is carries a misdemeanor penalty of up to $100 and 30 days in jail. S.C. Code Section

14 When can I get my driver's license? You can get your beginner's permit when you turn 15. You must pass an exam to qualify for a beginner's permit. Driving with a beginner's permit requires that a 21 year old with at least one year of driving experience ride in the front passenger seat. You may only drive during daylight hours (6 a.m. to 6 p.m., and 6 a.m. to 8 p.m. during daylight savings time). S.C. Code Section You can get a provisional license if you are 15 and have had a beginner's permit for 90 days. You must have proof of school attendance and pass a driver's education class and a road test to qualify for a provisional license. A provisional license allows you to drive during daylight hours unaccompanied, but at night, a 21 year old with at least one year of driving experience must ride in the front passenger seat (must be a parent after midnight). You will obtain full driving privileges when you are 16 if you have had your provisional license for one year and have no violations or at-fault accidents on your driving record. S.C. Code Section You can get a special restricted license when you are 16 and have had a beginner's permit for 90 days. Unlike a provisional license, you do not have to have proof of school attendance or pass a driver's education class. Like a provisional license, a special restricted license allows you to drive during daylight hours unaccompanied, but at night, a 21 year old with at least one year of driving experience ride in the front passenger seat (must be a parent after midnight). You will obtain full driving privileges when you are 17. S.C. Code Section

15 What are the penalties for speeding? Speeding penalties vary from city to city and are often increased by court costs. However, the minimum fines for speeding are as follows: A) Under 10 miles per hour over posted speed limit: Fine between $15 and $25 B) Between 10 and 15 miles per hour over posted speed limit: Fine between $25 and $50 C) Between 15 and 25 miles per hour over posted speed limit: Fine between $50 and $75 D) Excess of 25 miles per hour over posted speed limit: Fine between $75 and $200 or up to 30 days imprisonment. S.C. Code Section What are driver's license points? A point system is used as a driving record to keep track of the number and severity of traffic offenses you have committed. If you reach a certain number of points, your driver's license is suspended for a certain period of time. Over time, the number of points associated with prior violations diminishes, increasing the number of total points accumulated allowable over an extended period of time. The length of suspensions for accumulated excessive points is as follows: (1) 12 to 15 points--three months' suspension; (2) 16 or 17 points--four months' suspension; (3) 18 or 19 points--five months' suspension; 15

16 (4) 20 points and over--six months' suspension. S.C. Code Sections , , In addition to its legal effects on driving eligibility, a driver's insurance company uses the point system to determine the risk of insuring that driver. Thus, the more points a driver has on his or her record, the more that driver must pay for insurance. Automobile insurance can be very expensive, and South Carolina requires all motorists to carry liability insurance. This ensures that, in the event of a wreck, the driver at fault is at least able to pay for the damages he or she inflicts on others. What happens if I don't pull over when signaled? It is against the law for a motor vehicle driver, while driving on a South Carolina road, street or highway, to fail to stop when signaled by any law enforcement vehicle by means of a siren or flashing lights. Penalty: Misdemeanor penalty including a fine of more that $500 or imprisonment between 90 days and three years. Also, driver's license is suspended for between 30 days and one year. S.C. Code Section What if I drive but don't have my license? Anyone who drives a motor vehicle on any public highway in South Carolina without a valid driver's license is guilty of a misdemeanor. You can have the ticket dismissed if, within seven days of getting a ticket, you show the court that you actually have a valid license even though you didn't have it with you. Penalties: first offense: Fine between $50 and $100 or 30 days imprisonment second offense: Fine of $500 or 45 days imprisonment or both third or subsequent offense: Between 45 days and six months. S.C. Code Section

17 Is it legal for me to race my friends? No. It is unlawful to engage in a motor race or contest for speed on any public road, street or highway in South Carolina. It is also illegal to aid and assist in any such race or contest. Penalty: Fine between $200 and $600 or imprisonment between two and six months. In addition, your driver's license is revoked for one year. S.C. Code Sections , Can I drive someone else's car without his or her permission? No. It is illegal to drive a car without the owner's permission. You can get up to three years in jail if you do. S.C. Code Section Can my car be searched if I am pulled over? It depends. The U.S. Supreme Court has allowed searches of vehicles without a warrant if a police officer has probable cause to believe there are drugs inside. Where police officers have probable cause to search an entire vehicle, they may conduct a warrantless search of every part of the vehicle and its contents, including all containers and packages that may conceal the object of the search. Also, the search of the passenger compartment of an automobile (trunk excluded) is permissible if the police officer possesses a reasonable belief ("probable cause" is not required) that the suspect is dangerous and the suspect may gain immediate control of weapons. California v. Acevedo, 500 U.S. 565 (1991); Michigan v. Long, 463 U.S (1983) Do I have to go to school? Yes. All students from the ages of five to 17 are required by South Carolina law to attend school. Also, pregnant students, married students and students who are unwed parents must attend school until they reach their 17 birthday. Every student is expected to be at school everyday, unless he or she is sick or 17

18 otherwise excused. S.C. Code Section What does truancy mean? Truancy is the purposeful failure to attend school even though you are obligated to be there. You parents are also responsible to make sure you attend school. If you skip school too many times, school officials will call your parents. If you continue to skip, they will notify juvenile court. What happens if I am suspended? Suspension is used to discipline students who commit any crime, gross immorality, gross misbehavior, persistent disobedience or for violation of written rules and regulations. A school administrator has the power to temporarily remove a student from school or a class for up to 10 consecutive days. If you are suspended, your principal will write a letter to your parents telling them why you were suspended. Also, your parents and principal will set up a conference to discuss the suspension. S.C. Code Sections and What happens if I am expelled? You can be expelled for committing major offenses as determined by your school board. The principal can enact expulsion proceedings by recommending expulsion to the school board. If a student is expelled from school by the school board, they are usually expelled for the remainder of the school year. If expulsion is a result of bringing a firearm to school, then the expulsion is for at least one calendar year from the date of expulsion. An expelled student can usually appeal his or her expulsion. Every expelled student has a right to petition for readmission to school for the succeeding school year. You should read your school board's code of discipline for specific information about getting expelled. S.C. Code Sections , and

19 Can I get in trouble for disrupting school? Yes. Other students have the right to be free from interference in their education. It is against the law for any person to willfully interfere or disturb students or teachers of any school. Disturbing school includes being uncooperative with a teacher or principal, fighting or using foul or offensive language toward a teacher or principal. Penalty: Fine between $100 and $1000 or up to 90 days S.C. Section Can I bring my pager or cell phone to school? No. It is illegal for a student to carry a cellular phone or pager on school grounds or during school events. There is an exception for students needing to carry a cell phone or pager for a legitimate medical reason. There is another exception for students over 18 years old if the student is an active member of a volunteer firefighting organization or a volunteer emergency medical service organization. Penalty : Each district's board has authority to discipline violators. S.C. Code Section Can my locker or car be searched at school? Yes. Though South Carolina law does not require searching school premises or individuals for drugs or weapons, school administrators and law enforcement officials may conduct reasonable searches on school property of lockers, desks, cars and personal belongings such as purses, bookbags, wallets and satchels with or without probable cause. They do not need a search warrant to conduct searches at school. If illegal drugs or weapons are found, this evidence could be used in court against the individual in possession. S.C. Code Section ; New Jersey v. T.L.O., 469 U.S. 328 (1985). What is indecent exposure? Indecent exposure is the willful and offensive exposure of one's body in any public place or on the property of another. 19

20 Penalty : Fine between $200 and $600 or imprisonment between two and six months. S.C. Code Section Can my friends and I bet on sports? No. The participation in a betting pool waging on the outcome of a sporting event is gambling and is against the law. Penalty: Fine up $1,000 and imprisonment up to six months S.C. Code Section Can I get a tattoo? Not in South Carolina. It is illegal to tattoo any part of your body within the borders of South Carolina. It is legal, however, to have a tattoo if the art is completed outside of the state. Penalty: Fine and up to one year imprisonment S.C. Code Section Can I get parts of my body pierced? Maybe. It is illegal to perform body piercing on anyone under the age of 18 without parental permission. It is also illegal to perform body piercing on anyone who is under the influence of drugs or alcohol. Penalty: Fine up to $2,500 and up to one year imprisonment S.C. Code Section What is disorderly conduct? Disorderly conduct is the conduct of a person who is disorderly, grossly intoxicated, boisterous or uses obscene or profane language at a public place, including schools. 20

21 Penalty: Up to $100 or 30 days S.C. Code Section Is it legal to be in a gang? No. Street gangs are formed with the purpose of committing crimes. Being a part of a gang can give rise to conspiracy charges. Gang involvement can also add 10 years to a prison sentence for committing a violent crime or a crime involving a controlled substance. S.C. Code Section and U.S. Code Section