The provisions of this article are cumulative and in addition to existing criminal laws. ![]() No person arrested and taken into custody, under no circumstances, shall be detained or confined at any military installation. Any person arrested or taken into custody by a member of the Guard, under the provisions of this section, shall be dealt with as required by law of peace officers. Members of the South Carolina National Guard shall have the powers of peace officers when they are (1) called or ordered into active State service by the Governor pursuant to Sections 25-1-1840, 25-1-1860 and 25-1-1890, (2) serving within the area wherein military assistance is required, and (3) directly assisting civil authorities. ![]() Powers of law enforcement officers.Īll law enforcement officers of the State or any of its subdivisions who may be called to duty in the area designated by the Governor in his proclamation, when engaged in the performance of duties in such area, shall have the full powers of constable at all places within such area and may pursue and arrest offenders against the laws of this State or the provisions of the proclamation. "This act takes effect upon approval by the Governor, and applies to offenses committed after its effective date and to causes of action arising or accruing on or after the effective date." (B) Penalties provided in this article are cumulative of and in addition to those provided in Sections 39-5-145 and 39-5-147. (3) charge unconscionable prices during a declared state of emergency or disaster, as described in Section 39-5-145, or knowingly and wilfully use a misleading practice or device to solicit the contribution or sale of goods or services for charitable purposes in connection with a declared state of emergency or disaster, as described in Section 39-5-147. The court must order restitution pursuant to Section 17-25-322 (c) take possession or otherwise disturb the property of another in any manner.Ī person violating a provision of this item is guilty of the felony of looting and, upon conviction, must be fined or imprisoned, or both, in the discretion of the court. ![]() (2)(a) enter into the property of another, without lawful authority and with criminal intent (c) wilfully fail or refuse to comply with any lawful order or direction of any law enforcement officer.Ī person violating the provisions of this item is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. (b) congregate, unless authorized or in their homes, in groups of three or more and to refuse to disperse upon order of a law enforcement officer or (1)(a) violate a provision in the proclamation including, but not limited to, any curfew set forth by the proclamation (A) In any area designated by the Governor in his proclamation that a state of emergency exists, and during the duration of the proclamation, it is unlawful for a person to:
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