South Carolina H 4539: Penalties for Illegal Fires

Bill Text

2025-2026 Bill 4539 Text of Previous Version (May. 08, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4539

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 16-11-150, RELATING TO BURNING LANDS 
OF ANOTHER WITHOUT CONSENT, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; BY 
AMENDING SECTION 16-11-170, RELATING TO WILFULLY BURNING LANDS OF ANOTHER, SO 
AS TO INCREASE THE PENALTIES FOR VIOLATIONS; BY AMENDING SECTION 16-11-180, 
RELATING TO NEGLIGENTLY ALLOWING FIRE TO SPREAD TO LANDS OR PROPERTY OF 
ANOTHER, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; BY AMENDING SECTION 
48-35-55, RELATING TO FIRE REGULATION EXEMPTIONS, SO AS TO SUSPEND THE 
EXEMPTIONS WHEN THE GOVERNOR HAS DECLARED AN EMERGENCY IN CONNECTION WITH 
FOREST FIRES OR THE STATE FORESTER DECLARES A PROHIBITION; AND BY AMENDING 
SECTION 48-35-60, RELATING TO PENALTIES FOR FIRES ON CERTAIN LANDS, SO AS TO 
INCREASE THE PENALTIES FOR VIOLATIONS OF CHAPTER 35, TITLE 48.

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

SECTION 1. Section 16-11-150 of the S.C. Code is amended to read:

 Section 
16-11-150. (A) It shall be unlawful for any person without prior 
written consent of the landowner or his agent to intentionally set fire to 
lands of another, or to intentionally cause or allow fire to spread to lands of 
another, whereby any woods, fields, fences or marshes of any other person are 
burned. For purposes of this section, "damage" shall 
include, but not be limited to, injuries, loss of use, loss of property, and 
related damages.

 (B)(1) Any person violating the 
provisions of this section shall, upon conviction, be punished as follows:

 (a) For for the first offense, a misdemeanor 
punishable by a fine of not less than five hundred 
dollars but not more than one two thousand dollars, or imprisonment 
for not more than one yeartwo 
years, or both. The judge may order a person guilty 
of a first offense, in lieu of imprisonment, to attend one or more counseling 
sessions and participate in a course regarding fire starting education that is 
at least eight hours, with the person paying all costs associated with the 
counseling sessions and fire education course, as well as court costs and fees 
related to the case, including monitoring of participation;,

 (b) for a second or 
subsequent offense, a misdemeanor punishable by 
a fine of not less than two thousand dollars but not more 
than five thousand dollars, or 
imprisonment for not more than five years, or both;

 (c) for a third or subsequent offense, 
a felony punishable by a fine of not less than ten thousand dollars, 
imprisonment for not more than twenty years, or both.

 (2) A person convicted under this 
section shall also be liable for any court costs and attorney's fees for the 
person who may have sustained damage due to this violation.

SECTION 2. Section 16-11-170 of the S.C. Code is amended to read:

 Section 
16-11-170. (A) It is unlawful for a person to wilfully and 
maliciously set fire to or burn any grass, brush, or other combustible matter, 
causing any woods, fields, fences, or marshes of another person to be set on 
fire or cause the burning or fire to spread to or to be transmitted to the 
lands of another, or to aid or assist in such conduct. For 
purposes of this section, "damage" shall include, but not be limited to, 
injuries, loss of use, loss of property, and related damages.

 (B) A person who violates 
the provisions of this section is guilty of a felony and, upon conviction, must 
be fined not moreless 
than five thousand dollars, or 
imprisoned not more than fivetwenty years, or both. A 
person convicted under this section is liable to any person who may have 
sustained damage. A person convicted under this section 
shall also be liable for any court costs and attorney's fees for the person whose 
lands were set on fire or burned due to this violation.

SECTION 3. Section 16-11-180 of the S.C. Code is amended to read:

 Section 
16-11-180. (A) It is unlawful for a Any person 
who to carelessly or 
negligently sets set fire 
to or burns burn any 
grass, brush, leaves, or other combustible matter on any lands so as to cause 
or allow fire to spread or to be transmitted to the lands or property of 
another, or to burn or injure the lands or property of another, or who causes cause the burning 
to be done or who aidsaid or assistsassist in the burning, is guilty of 
a misdemeanor and, upon conviction, must be imprisoned for not less than five 
days nor more than thirty days or be fined not less than twenty-five dollars 
nor more than two hundred dollars. For a second or subsequent offense the 
sentence must be imprisonment for not less than thirty days nor more than one 
year, or a fine of not less than one hun