Breaking and entering in South Carolina is not a single crime with a single penalty. The state has no statute by that name. Instead, prosecutors pick from three degrees of burglary, an “entering without breaking” felony, and a misdemeanor trespassing law, and the choice drives everything: a conviction can mean 30 days in jail or life in prison. The deciding factors are what kind of building you entered, how you got in, and what you meant to do once inside.
Which Law Applies to Your Situation
South Carolina prosecutors work from three overlapping statutes when charging conduct people commonly call breaking and entering:
- The burglary statutes at Sections 16-11-311 through 16-11-313, covering three degrees.
- Section 16-13-170, which criminalizes entering a house or vessel without breaking, with intent to steal or commit another crime.
- Section 16-11-620, the general trespassing statute.
Which one gets filed depends on two questions. What kind of structure was entered, and what did the person intend to do inside? A dwelling with someone asleep in it produces a very different charge than an unlocked storage shed, and an entry with intent to steal produces a very different charge than one with no criminal purpose at all.
How the Statutes Define Key Terms
Section 16-11-310 supplies the definitions that run through every burglary charge. A “dwelling” is living quarters used or normally used for sleeping or lodging. A “building” is broader: any structure, vehicle, watercraft, or aircraft where people live, work, assemble, or store goods. So a parked car with tools inside can be a “building” for burglary purposes.
“Entering without consent” is broader than most people expect. It covers force, but it also covers deception. Talking your way past a receptionist under a false pretense counts. You do not have to break a lock or smash a window to satisfy the entry element.
The Three Degrees of Burglary and Their Penalties
First-Degree Burglary
First-degree burglary is the most serious property crime in South Carolina. It requires entering a dwelling without consent, with intent to commit a crime inside, plus at least one aggravating factor:
- Being armed with a deadly weapon.
- Causing physical injury to a non-participant.
- Displaying what appears to be a firearm.
- Entering at nighttime.
Two or more prior burglary or housebreaking convictions also push a charge into first-degree territory regardless of any other aggravator. The penalty is a felony punishable by life imprisonment, and the statute defines “life” as until death. Courts have discretion to go below that but cannot impose less than fifteen years.
Second-Degree Burglary
Second-degree burglary covers two different fact patterns. The first is entering a dwelling without consent and with criminal intent, but without any first-degree aggravator. That version is a felony carrying up to ten years.
The second is entering a non-dwelling building without consent and with criminal intent, when at least one aggravating factor is present (armed, injury, night, or prior convictions). That version carries up to fifteen years, and the defendant is not parole-eligible until serving at least one-third of the sentence.
Third-Degree Burglary
Third-degree burglary is the catch-all. Entering any building without consent and with intent to commit a crime, no aggravators. A first offense is a felony punishable by up to five years. A second offense raises the maximum to ten.
This is the charge that catches people off guard. Walking into a storage building or a parked vehicle intending to take something is a felony even with no weapon, no injury, and no forced entry.
Entering Without Breaking
Section 16-13-170 is the closest South Carolina statute to the traditional common-law offense. It makes it a felony to enter a house or vessel without breaking and with intent to steal or commit another crime, or to hide inside a house or vessel with criminal intent. The maximum is ten years, plus a fine at the court’s discretion.
This law overlaps heavily with the burglary statutes but applies specifically to houses and vessels rather than all buildings, and it requires no forced entry whatsoever. Prosecutors sometimes use it when the facts involve sneaking into a home to steal but don’t line up neatly with the burglary definitions.
Where Trespassing Fits
Trespassing under Section 16-11-620 is far less serious. It applies when someone enters a dwelling, business, or premises after being warned not to, or refuses to leave when asked. The maximum is a $200 fine or 30 days in jail. There is no enhanced penalty for repeat offenders under this statute.
The dividing line between trespassing and the felony charges is intent and the nature of the entry. Trespassing doesn’t require entering a structure at all; ignoring a warning to leave is enough. Burglary and 16-13-170 both require entering a structure with criminal intent inside. Someone who walks past a “no trespassing” sign faces a very different case than someone who slips through an unlocked back door planning to take a television.
When Federal Charges Come In
Federal law generally isn’t in play for a typical break-in. It comes up when the entry involves federal property or interstate commerce. Under 18 U.S.C. § 2117, breaking or entering a carrier facility with intent to commit theft is a federal felony punishable by up to ten years in prison, a fine up to $250,000, or both. “Carrier facility” covers railroad cars, vessels, aircraft, trucks, and pipeline systems carrying interstate shipments. Most federal cases involve shipping containers, delivery trucks, or rail freight moving across state lines.
Defenses That Actually Work
Consent
Every burglary charge requires entry “without consent.” Proof that the accused had permission defeats the charge. Text messages from the property owner, a key or access code given in advance, or testimony from someone with authority over the property can all establish consent. The defense is strongest when permission was explicit, but it can work on implied permission depending on the circumstances.
No Criminal Intent
Burglary and 16-13-170 both require intent to commit a crime inside. If the entry was for a lawful or innocent purpose, the intent element fails. Walking into the wrong apartment after a long shift, or entering a building you genuinely believed you were allowed to access, is the textbook version. South Carolina courts look at whether the person knowingly entered without authorization.
No Entry Occurred
Even minimal penetration of a structure can satisfy the entry element, including reaching a hand or a tool inside. But the prosecution still has to prove it. If the evidence puts the defendant near a building but not inside it, the entry element fails.
Suppressing the Evidence
The Fourth Amendment bars unreasonable searches and seizures, and evidence gathered in violation of those protections can be excluded under the exclusionary rule. If officers searched the defendant or the property without a warrant and no recognized exception applies (plain view, hot pursuit, imminent destruction of evidence), a suppression motion can remove the core evidence from the case.
Consequences That Outlast the Sentence
Employment
A property-crime conviction shows up on background checks. Employers in finance, law enforcement, real estate, and any job that involves entering private homes tend to treat it as disqualifying. EEOC guidance directs employers to weigh the nature of the crime, how much time has passed, and the nature of the job, and to give the applicant a chance to explain before making a final decision. That doesn’t erase the stigma, but it does push back against blanket exclusions.
Housing
Private landlords routinely screen for criminal history, and a burglary conviction can produce an automatic denial. Public housing programs screen applicants and can terminate assistance for residents who pose a safety concern. HUD’s “One Strike” policy gives housing authorities broad discretion to deny or remove tenants based on criminal activity, and property crimes fall within that authority.
Firearms
Federal law under 18 U.S.C. § 922(g) bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition. Every degree of burglary in South Carolina is a felony carrying at least five years, so a burglary conviction triggers the federal ban. South Carolina adds its own restriction under Section 16-23-500: firearm possession by a convicted felon is a separate felony punishable by up to five years for a first offense, a mandatory minimum of five years (up to twenty) for a second, and a mandatory minimum of ten years (up to thirty) for a third. Someone convicted of third-degree burglary who is later caught with a hunting rifle faces a new felony on top of whatever they already served.
Expungement
South Carolina expungement is narrow. Eligible offenses are generally limited to dismissed charges, first-offense misdemeanors carrying a maximum of 30 days in jail, and a few specific statutory categories. Felony burglary convictions are not on the list. The alternative is a gubernatorial pardon, which doesn’t seal the record but signals official forgiveness and can ease employment and licensing barriers.