South Carolina § 17-19-40 - Special count for carrying concealed weapons in case of murder and certain other crimes; jurisdiction.
Full text of South Carolina South Carolina Code of Laws § 17-19-40 — Special count for carrying concealed weapons in case of murder and certain other crimes; jurisdiction., with citation guidance and answers to common questions.
§ 17-19-40. Special count for carrying concealed weapons in case of murder and certain other crimes; jurisdiction.
In every indictment for murder, manslaughter, assault and assault and battery of a high and aggravated nature and assault and assault and battery with intent to kill and in every case when the crime is charged to have been committed with a deadly weapon of the character specified in Section 16-23-460, there shall be a special count in the indictment for carrying concealed weapons and the jury shall be required to find a verdict on such special count. All cases embraced in this section, including the carrying of the weapons, shall be in the exclusive jurisdiction of the court of general sessions, except in cases where other courts have been given concurrent jurisdiction.
HISTORY: 1962 Code SECTION 17-404; 1952 Code SECTION 17-404; 1942 Code SECTION 1008; 1932 Code SECTION 1008; Cr. P. '22 SECTION 94; Cr. C. '12 SECTION 159; Cr. C. '02 SECTION 131, 1897 (22) 427; 1972 (57) 2235.
Editor's Note
2010 Act No. 273, SECTION 7.C, provides:
"Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 17-19-40
What does South Carolina Code of Laws § 17-19-40 cover?
Section 17-19-40 ("Special count for carrying concealed weapons in case of murder and certain other crimes; jurisdiction.") 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 § 17-19-40?
A common citation format is "South Carolina Code of Laws § 17-19-40" (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 § 17-19-40 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.