South Carolina

Summary: These statutes comprise the "South Carolina Nongame and Endangered Species Conservation Act."  Included in the provisions are definitions and criteria related to the listing of endangered species.  Violation of the provisions constitutes misdemeanors of varying penalties as well as forfeiture of equipment used in the illegal takings.

Summary: This statute prohibits the killing of any bird of prey, resulting in a misdemeanor conviction .  If the bird is a bald eagle, the individual faces a maximum fine of up to $1,000 and one year in jail in addition to the revocation of hunting privileges for five years.

Summary: The set of law comprises South Carolina's Farm Animal and Research Facilities Protection Act. A person commits an offense if, without the effective consent of the owner, the person exercises control over an animal facility or the property located there, or if that person damages the facility or its property. A person also commits an offense if he or she enters a facility without the effective consent of the owner and remains concealed with the intent to disrupt or damage the enterprise conducted at the animal facility. Violation for disruption or damage to a facility or its property is a misdemeanor with a fine of up to $10,000 and/or 3 years imprisonment. Violation for illegal entry is a misdemeanor with a fine up to $5,000 and/or 1 year imprisonment.

Summary: This South Carolina subsection comprises the state's anti-cruelty laws.  The term "animal" under this subchapter includes all living vertebrate creatures except homo sapiens (but see the exclusion section where fowl are specifically excluded).  Animal cruelty occurs when a person knowingly or intentionally overloads, overdrives, overworks, ill-treats any animal, deprives any animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon any animal, or by omission or commission knowingly or intentionally causes these things to be done.  The statute also has a felony provision for the torture, tormenting, needless mutilation, cruel killing, or infliction of excessive or repeated unnecessary pain.

Summary: In Greenville County, South Carolina, a person who hoards and collects animals commits an act of animal cruelty and is guilty of a misdemeanor.

Summary: The defendant was convicted of cruelty to animals for the overworking of his mule.  The defendant appealed the desicision by the lower court to the circuit court.  The circuit court affirmed the lower court and the defendant agained appealed.  The Supreme Court of South Carolina held that jursidiction was proper against the defendant and the evidence supported a finding of ownership by the defendant.  Thus, the Court affirmed the lower court's decision.

Summary: In this South Carolina case, a dog owner brought a negligence action against a hog farmer who shot two of the owner's champion "Treeing Walker Coonhound" dogs. The farmer counterclaimed, alleging damages for the dogs' action and malicious prosecution. The lower court ordered judgment for the dogs' owner (Ott) in the amount of $19,800, finding Pittman 90% liable. On the farmer's appeal, this court upheld the $19,800 award, finding sufficient support based on expert testimony about the specific qualities of the breed.

Summary: In this South Carolina case, the court considered the meaning of the term "or" in the state's dog bite statute, SC ST 47-3-110, and whether that word allows a plaintiff to pursue a statutory claim against the owner of the dog while that dog is in the care of another. The facts concerned a veterinary assistant who sued a county sheriff's officer after she was bitten by a police dog while the dog was kenneled at the veterinary clinic where she worked. The lower court granted summary judgment for the sheriff's office. The Supreme Court disagreed with this interpretation. Based on a plain language reading of the statute, the Court concluded that the Legislature intended to allow a claim against the owner of the dog when another person has the dog in his care or keeping.

Summary: These South Carolina regulations list the non-game wildlife on the state's List of Endangered Wildlife Species, as well as the animals that are considered threatened and "in need of management." If an animal is listed as threatened or endangered, a permit must be obtained in certain situations to avoid penalty for "taking" a listed species. Furthermore, these regulations also set out provisions for hunting alligators and selling alligator meat and hide; for obtaining vultures, kites, hawks, eagles, ospreys, falcons, and owls for the practice of falconry; and for protecting sea turtles by regulating the nets on shrimping trawls.