South Carolina § 48-23-70 - Unlawful acts; penalties.

§ 48-23-70. Unlawful acts; penalties.

(A) It is unlawful for a person to:

(1) remove a shrub, tree, or forest product or attempt to do so, from State Commission of Forestry land without the permission of the commission;

(2) cut or mutilate a shrub or tree growing on State Commission of Forestry land without the permission of the commission;

(3) mutilate or deface real or personal property belonging to or located upon State Commission of Forestry land;

(4) destroy scenic values, by dumping rubbish or in any other way whatsoever, within the confines of State Commission of Forestry lands; or

(5) consume or display an alcoholic beverage in public on lands of the State Commission of Forestry, except where specifically authorized by the commission. For purposes of this item, "alcoholic beverage" means "alcoholic beverage" as defined in Section 61-6-20, and beer, wine, and all other beverages defined as "nonalcoholic beverages" in Section 61-4-10.

(B) A person who violates a provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, or both.

(C) In addition to the penalties provided in subsection (B), a person who is convicted of violating a provision of items (1) through (4) of subsection (A) must make restitution to the State Commission of Forestry in an amount determined by the sentencing court to be necessary to clean up, repair, rebuild, and restore the abused real and personal property of the State Commission of Forestry to its condition before the abuse occurred. The sentencing court must also set the time limits within which the restitution must be paid and retains jurisdiction of the case for the purpose of enforcing the order for restitution until restitution is made.

(D) A person who fails to pay the amount required within the time established for making restitution may be cited for contempt of court by the sentencing court and punished by a fine of not more than the amount originally required for restitution, or imprisonment for not more than six months, or both.

(E) A person who is convicted of violating a provision of subsection (A) twice within a three-year period is barred from entering lands belonging to the State Commission of Forestry for a period of one year. A person who enters State Commission of Forestry lands while barred is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days, or both, and his privilege to enter upon lands of the commission is automatically suspended for an additional year.

HISTORY: 1962 Code SECTION 29-20; 1952 Code SECTION 29-20; 1942 Code SECTION 3284-4; 1937 (40) 569; 2002 Act No. 258, SECTION 1.