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If you are charged with a committing a property crime that is based on the dollar value of the property, and if you have two or more similar property crime convictions on your record, your charges can be ?enhanced? to a felony that carries up to ten years in prison under SC's property crime enhancement statute.
Breaking and entering is defined as the entering of a building through force without authorization. The slightest force including pushing open a door is all that is necessary.
SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.
Trespassing Laws in South Carolina. The penalties for trespassing in South Carolina can vary depending on the circumstances and severity of the offense. Under South Carolina Code §16-11-620, trespassing is typically considered a misdemeanor offense punishable by up to $1,000 in fines and up to 30 days in jail.
The first element ? entering? requires that you actually enter into a structure without permission. The second element requires proof that a person had made a decision to commit a crime (such as theft) and then entered the building for that reason.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than one thousand dollars, or both.
FELONY BREAKING and ENTERING This alleged crime is a felony if: There was a breaking or entering by you. It was a building that was broken into or entered. The owner or tenant of the building did not consent to the entry.