South Carolina S 746: Assault and Battery Third Degree, graduated penalties

Bill Text

2025-2026 Bill 746 Text of Previous Version (Dec. 10, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 746

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-3-600, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO PROVIDE 
FOR GRADUATED PENALTIES FOR PERSONS CONVICTED A SECOND TIME OF ASSAULT AND 
BATTERY IN THE THIRD DEGREE IF THE PERSON HAS PRIOR CONVICTIONS FOR ANY ASSAULT 
AND BATTERY OFFENSES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 16-3-600(E) of the S.C. Code is amended to 
read:

 (E)(1) A person commits the offense of 
assault and battery in the third degree if the person unlawfully injures 
another person, or offers or attempts to injure another person with the present 
ability to do so.

 (2) 
A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five 
hundred dollars, or imprisoned for not more than thirty days, or both.

 (3) A person who violates the 
provisions of this subsection a second time when he has a prior conviction for 
any assault and battery offense pursuant to the provisions of this section, is 
guilty of a misdemeanor and, upon conviction, must be fined not more seven 
hundred fifty dollars or imprisoned not more than sixty days.

 (4) A person who violates the 
provisions of this subsection a third or subsequent time when he has a prior 
conviction for any assault and battery offense pursuant to the provisions of 
this section, is guilty of a misdemeanor and, upon conviction, must be fined 
not more one thousand dollars or imprisoned not more than ninety days.

 (5) Notwithstanding Sections 22-3-540, 
22-3-545, and 22-3-550, an offense pursuant to the provisions of this 
subsection is triable in magistrates court. A prior conviction for purposes of 
this subsection is defined as a conviction within five years of the date of 
commission of the current offense.

 (3)(6) Assault and battery in the third degree is a 
lesser-included offense of assault and battery in the second degree, as defined 
in subsection (D)(1), assault and battery in the first degree, as defined in 
subsection (C)(1), assault and battery of a high and aggravated nature, as 
defined in subsection (B)(1), and attempted murder, as defined in Section 
16-3-29.

SECTION 2. The repeal or amendment by this act 
of any law, whether temporary or permanent or civil or criminal, does not affect 
pending actions, rights, duties, or liabilities founded thereon, or alter, 
discharge, release or extinguish any penalty, forfeiture, or liability incurred 
under the repealed or amended law, unless the repealed or amended provision 
shall so expressly provide. After the effective date of this act, all laws 
repealed or amended by this act must be taken and treated as remaining in full 
force and effect for the purpose of sustaining any pending or vested right, 
civil action, special proceeding, criminal prosecution, or appeal existing as 
of the effective date of this act, and for the enforcement of rights, duties, 
penalties, forfeitures, and liabilities as they stood under the repealed or 
amended laws.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 10, 2025 at 02:29 PM