Legal Question in Criminal Law in South Carolina

Re: 1st degree burglery

Finger prints and whether or not someone was home doesn't have any bearing on the definition of the crime. Below is how the crime is defined in the South Carolina Code. Your welcome to call if you have any questions. Robert Johnston

� 16-11-311. Burglary; first degree.

(A) A person is guilty of burglary in the first degree if the person

enters a dwelling without consent and with intent to commit a crime in

the dwelling, and either:

(1) when, in effecting entry or while in the dwelling or in immediate

flight, he or another participant in the crime:

(a) is armed with a deadly weapon or explosive; or

(b) causes physical injury to a person who is not a participant in the

crime; or

(c) uses or threatens the use of a dangerous instrument; or

(d) displays what is or appears to be a knife, pistol, revolver,

rifle, shotgun, machine gun, or other firearm; or

(2) the burglary is committed by a person with a prior record of two or

more convictions for burglary or housebreaking or a combination of both;

or

(3) the entering or remaining occurs in the nighttime.

(B) Burglary in the first degree is a felony punishable by life

imprisonment. For purposes of this section, "life" means until death. The

court, in its discretion, may sentence the defendant to a term of not

less than fifteen years.