2001-2002 Bill 584: Arson, Burning Must Result in Damage to Building Or Structure; Fire

1 BIL: 584 2 TYP: General Bill GB 3 INB: Senate 4 IND: 20010412 5 PSP: O'Dell 6 SPO: O'Dell 7 DDN: l:\council\bills\skb\18368som01.doc 8 CBN: 3802 9 RBY: Senate 10 COM: Judiciary Committee 11 SJ 11 SUB: Arson, burning must result in damage to building or structure; Fire, 12 Crimes and Offenses 13 14 15 16 HST: 17 18 Body Date Action Description Com Leg Involved 19 ______20 ------20010417 Companion Bill No. 3802 21 Senate 20010412 Introduced, read first time, 11 SJ 22 referred to Committee 23 24 25 26 Versions of This Bill 27 28 29 30 31 TXT: 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, 13 SO AS TO PROVIDE THAT THE BURNING MUST RESULT 14 IN DAMAGE TO A BUILDING OR STRUCTURE AND TO 15 DEFINE “DAMAGE”. 16 17 Be it enacted by the General Assembly of the State of South 18 Carolina: 19 20 SECTION 1. Section 16-11-110 of the 1976 Code, as last 21 amended by Act 113 of 1997, is further amended to read: 22 23 “Section 16-11-110. (A) A person who wilfully and 24 maliciously causes an explosion, sets fire to, burns, or causes to be 25 burned or aids, counsels, or procures the burning that results in 26 damage to of a building, structure, or any property specified in 27 subsections (B) and (C) whether the property of himself or 28 another, which results, either directly or indirectly, in death or 29 serious bodily injury to a person is guilty of arson in the first 30 degree and, upon conviction, must be imprisoned not less than ten 31 nor more than thirty years. 32 (B) A person who wilfully and maliciously causes an 33 explosion, sets fire to, burns, or causes to be burned or aids, 34 counsels, or procures the burning that results in damage to of a 35 dwelling house, church or place of worship, a public or private 36 school facility, a manufacturing plant or warehouse, a building 37 where business is conducted, an institutional facility, or any 38 structure designed for human occupancy to include local and 39 municipal buildings, whether the property of himself or another, is 40 guilty of arson in the second degree and, upon conviction, must be 41 imprisoned not less than five nor more than twenty-five years. 42 (C) A person who wilfully and maliciously:

1 [584] 1 1 (1) causes an explosion, sets fire to, burns, or causes to be 2 burned that results in damage to a building or structure other than 3 those specified in subsections (A) or (B), a railway car, a ship, 4 boat, or other watercraft, an aircraft, an automobile or other motor 5 vehicle, or personal property; or 6 (2) aids, counsels, or procures the burning that results in 7 damage to of a building or structure other than those specified in 8 subsections (A) or (B), a railway car, a ship, boat, or other 9 watercraft, an aircraft, an automobile or other motor vehicle, or 10 personal property with intent to destroy or damage by explosion or 11 fire; whether the property of himself or another, is guilty of arson 12 in the third degree and, upon conviction, must be imprisoned not 13 less than one and not more than ten years. 14 (D) For purposes of this section, ‘damage’ means an 15 application of fire or explosive that results in burning, charring, 16 blistering, scorching, smoking, singeing, discoloring or changing 17 the fiber or composition of a building, structure, or any property 18 specified in this section.” 19 20 SECTION 2. This act takes effect upon approval by the 21 Governor. 22 ----XX----

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