Appendix J - Drug Offenses Affecting Family Court Jurisdiction

• Library: Drug Litigation in South Carolina (SCBar) (2021 Ed.)

APPENDIX J - DRUG OFFENSES AFFECTING FAMILY COURT JURISDICTION

Code Section	Offense	Classification	Is 17-Year-Old a Child?* § 63-19-20 (effective July 1, 2019)	Transferrable 17-year-old § 63-19-1210(4) (effective July 1, 2019)	Transferrable 14-, 15-, or 16-Year-Old § 63-19-1210(5)* (effective July 1, 2019)
44-53-40	Obtaining Drugs by Fraud, 1st	Class B Misdemeanor	Yes	Yes	Not Applicable
44-53-40	Obtaining Drugs by Fraud, 2nd+	Class F Felony	Yes	Yes	Not Applicable
44-53-370(a)	Aiding or Abetting the Commission of Controlled Substance Offense	Same as Principal	Same as Principal	Same as Principal	Same as Principal
44-53-370(a)(1)	Distribution of Cocaine, 1st	Class D Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Cocaine, 2nd	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Cocaine, 3rd+	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Controlled Substance Analogue, 1st	Class F Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Controlled Substance Analogue, 2nd	Class E Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Controlled Substance Analogue, 3rd+	Class C Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Fentanyl, 1st	Class D Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Fentanyl, 2nd	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Fentanyl, 3rd+	Class A Felony	No	Not Applicable	Yes

*Pursuant to S.C. Code Ann. § 63-19-1210(10), "If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in family court or convicted in circuit court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense."

Code Section	Offense	Classification	Is 17-Year-Old a Child?* § 63-19-20 (effective July 1, 2019)	Transferrable 17-year-old § 63-19-1210(4) (effective July 1, 2019)	Transferrable 14-, 15-, or 16-Year-Old § 63-19-1210(5)* (effective July 1, 2019)
44-53-370(a)(1)	Distribution of Flunitrazepam (Rohypnol), 1st	Class F Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Flunitrazepam (Rohypnol), 2nd	Class E Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Flunitrazepam (Rohypnol), 3rd+	Class C Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Gamma Hydroxybutyric Acid (GHB), 1st	Class F Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Gamma Hydroxybutyric Acid (GHB), 2nd	Class E Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Gamma Hydroxybutyric Acid (GHB), 3rd+	Class C Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Heroin, 1st	Class D Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Heroin, 2nd	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Heroin, 3rd+	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Hydrocodone, 1st	Class D Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Hydrocodone, 2nd	Class A Felony	No	Not Applicable	Yes

*Pursuant to S.C. Code Ann. § 63-19-1210(10), "If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in family court or convicted in circuit court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense."

Code Section	Offense	Classification	Is 17-Year-Old a Child?* § 63-19-20 (effective July 1, 2019)	Transferrable 17-year-old § 63-19-1210(4) (effective July 1, 2019)	Transferrable 14-, 15-, or 16-Year-Old § 63-19-1210(5)* (effective July 1, 2019)
44-53-370(a)(1)	Distribution of Hydrocodone, 3rd+	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of LSD, 1st	Class D Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of LSD, 2nd	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of LSD, 3rd+	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Marijuana, 1st	Class F Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Marijuana, 2nd	Class E Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Marijuana, 3rd+	Class C Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of MDMA or Ecstasy, 1st	Class F Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of MDMA or Ecstasy, 2nd	Class E Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of MDMA or Ecstasy, 3rd+	Class C Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Methadone, 1st	Class D Felony	No	Not Applicable	Yes

*Pursuant to S.C. Code Ann. § 63-19-1210(10), "If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in family court or convicted in circuit court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense."

Code Section	Offense	Classification	Is 17-Year-Old a Child?* § 63-19-20 (effective July 1, 2019)	Transferrable 17-year-old § 63-19-1210(4) (effective July 1, 2019)	Transferrable 14-, 15-, or 16-Year-Old § 63-19-1210(5)* (effective July 1, 2019)
44-53-370(a)(1)	Distribution of Methadone, 2nd	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Methadone, 3rd+	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Methaqualone or Mecloqualone, 1st	Class F Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Methaqualone or Mecloqualone, 2nd	Class E Felony	Yes	Yes	Not Applicable
44-53-370(a)(1)	Distribution of Methaqualone or Mecloqualone, 3rd+	Class C Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Morphine, 1st	Class D Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Morphine, 2nd	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Morphine, 3rd+	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Naloxone, 1st	Class D Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Naloxone, 2nd	Class A Felony	No	Not Applicable	Yes
44-53-370(a)(1)	Distribution of Naloxone, 3rd+	Class A Felony	No	Not Applicable	Yes

*Pursuant to S.C. Code Ann. § 63-19-1210(10), "If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in family court or convicted in circuit court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second...