South Carolina § 16-9-320 - Opposing or resisting law enforcement officer serving process; assaulting officer engaged in serving process.
Full text of South Carolina South Carolina Code of Laws § 16-9-320 — Opposing or resisting law enforcement officer serving process; assaulting officer engaged in serving process., with citation guidance and answers to common questions.
§ 16-9-320. Opposing or resisting law enforcement officer serving process; assaulting officer engaged in serving process.
(A) It is unlawful for a person knowingly and wilfully to oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or both.
(B) It is unlawful for a person to knowingly and wilfully assault, beat, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both.
HISTORY: 1980 Act No. 511, SECTION 3; 1990 Act No. 598, SECTION 2; 1993 Act No. 184, SECTION 24.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 16-9-320
What does South Carolina Code of Laws § 16-9-320 cover?
Section 16-9-320 ("Opposing or resisting law enforcement officer serving process; assaulting officer engaged in serving process.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 16-9-320?
A common citation format is "South Carolina Code of Laws § 16-9-320" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 16-9-320 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.