South Carolina Burglary and Criminal Trespass

South Carolina protects people and their property from intruders with the state's burglary and criminal trespass laws. Both crimes prohibit unauthorized entry of another's property. But burglary crimes involve additional factors that involve more risk of harm to persons than trespassing does. Because of this, South Carolina punishes burglary more harshly. Below we'll review the elements of these crimes, their differences, and their penalties.

What Is a Burglary Offense in South Carolina?

In South Carolina, a person commits burglary by unlawfully entering a dwelling or building with the intent to commit a crime therein.

The two parts of the definition of burglary—entering and criminal intent—are known as the "elements" of the crime. To be convicted of burglary, both elements of the crime must be proved beyond a reasonable doubt (or admitted to by the defendant). That is, the prosecutor must show that the defendant actually entered the building and did so with the intent to commit a crime inside. Without sufficient proof of each element, the prosecutor might secure a conviction for some other crime (such as trespass or attempted burglary) but not burglary.

Definitions of Buildings and Dwellings

The burglary laws protect dwellings and buildings. A dwelling includes any house, outhouse, apartment, or building used as a habitation and any of those same structures that are within two hundred yards of it. A building means any structure, vehicle, watercraft, or aircraft where someone lives or people assemble for select purposes, such as business, government, and education.

Enters a Building Without Consent

The first element of the crime of burglary requires that the offender entered into a structure without permission to do so. Entry without consent means the defendant either didn't have permission from the person in lawful possession or used deception or misrepresentation to gain entry.

Intent to Commit a Crime

The second element of burglary concerns the defendant's state of mind at the time of entering the building. To be convicted of burglary, the defendant must have decided to commit any crime (misdemeanor or felony) and then entered the building for that purpose. The offender's completion of the crime once inside is not a required element. Proof of entry and criminal intent are sufficient for a conviction.

(S.C. Code §§ 16-11-10, 16-11-310, 16-11-311 (2025).)

What Are the Penalties for Burglary in South Carolina?

South Carolina divides burglary into three degrees that carry increasing penalties according to the severity of the crime. Penalties vary according to the type of building that the defendant entered and other circumstances. The state makes it a felony to commit burglary.

Burglary in the First Degree

Burglary in the first degree involves an unlawful entry into a dwelling with intent to commit a crime, and either during or while fleeing the crime, the defendant:

• is armed with a deadly weapon or explosive
• caused physical injury to a person not involved in the crime
• used or threatened to use a dangerous instrument, or
• displayed a weapon (or what appeared to be a weapon).

Other factors that result in first-degree burglary charges include (1) committing the crime at night or (2) having a record of two or more previous burglary convictions.

A person who commits burglary in the first degree faces 15 years to life in prison.

Burglary in the Second Degree

Second-degree burglary occurs when the defendant unlawfully enters a dwelling with the intent to commit a crime therein, and none of the factors in first-degree burglary apply.

A person also commits second-degree burglary by unlawfully entering a nonresidential building (as defined above) with intent to commit a crime, and during or while fleeing the crime, the defendant:

• was armed with a deadly weapon or explosive
• caused physical injury to another person (other than an accomplice)
• used or threatened to use a dangerous instrument, or
• displayed a weapon (or what appeared to be a weapon) during the crime.

Entering a nonresidential building at night also falls under second-degree burglary, as does a nonresidential burglary when the defendant has two or more prior burglary convictions.

An offender guilty of second-degree burglary faces 10 to 15 years in prison. For the violent type of burglary in the second degree, the offender must serve at least one-third of the sentence before becoming eligible for parole.

Burglary in the Third Degree

Burglary in the third degree occurs when the defendant unlawfully enters a building with the intent to commit a crime and under circumstances not included in second-degree burglary.

Penalties for this level of burglary include up to five years in prison for a first conviction and 10 years for a second conviction.

Possession of Burglar's Tools

A person who makes or possesses items commonly adapted, designed, or used to commit burglary, with the intent of using the item for that purpose, is also guilty of a felony. Such an offender faces up to five years in prison and a fine in the court's discretion.

(S.C. Code §§ 16-11-20, 16-11-311, 16-11-312, 16-11-313 (2025).)

What Are the Penalties for Criminal Trespass in South Carolina?

Similar to burglary, a person commits trespass by knowingly entering private property without the authority to do so. The difference between the two crimes is that trespass does not require that the entry be made with the intent to commit a crime inside. Instead, merely entering without consent qualifies as trespass.

Trespass on Premises; Refusal to Leave

A person who, without good cause or good excuse, enters or refuses to leave someone else's dwelling, place of business, or premises having been warned not to enter or asked to leave can receive up to 30 days in jail and a $200 fine.

Trespass on Private Land After Notice

Trespassing onto private land after notice from the owner or a tenant prohibiting such entry constitutes a misdemeanor. Notice can include posting signs in four conspicuous places or marking boundaries with purple paint at specified intervals. Such an offender faces up to a $100 fine and 30 days in jail.

Trespass on Private Land Without Permission

Trespassing to gather anything growing on the land (wild or cultivated, such as fruit or wildflowers) or to hunt without permission is a misdemeanor. Penalties vary depending on how many times the defendant committed such an act. A first-time offense brings a fine of up to $200 and 30 days in jail. A third or subsequent offense can land the offender in jail for six months and require a $1,000 fine.

However, if the crop is marijuana and the defendant cultivates 25 or more plants, the offense is a felony, punishable by up to five years in prison and a $5,000 fine.

(S.C. Code §§ 16-11-600, 16-11-610, 16-11-617, 16-11-620 (2025).)

Getting a Lawyer

If you've been charged with burglary, trespass, or a related crime, consult a criminal defense attorney or ask for a public defender. An attorney can review the unique facts of your situation and advise you on how the law will apply to your case.