What Is the Penalty for Petty Larceny in SC?

The penalty for petty larceny in South Carolina is a fine of up to $1,000 or up to 30 days in jail, under South Carolina Code § 16-13-30.¹ The statute uses “or,” so the judge imposes one or the other, not both. First-time offenders with low-value thefts are far more likely to receive a fine than jail time, though the judge has discretion within those limits, and factors like the dollar amount, cooperation, and prior record all shape the sentence.

When the Charge Qualifies as Petit Larceny

Petit larceny covers theft of property worth $2,000 or less. That ceiling matters, because the moment the value crosses it the charge becomes grand larceny, which is a felony. Value is measured at the time of the theft using fair market value, meaning what a willing buyer would pay a willing seller, not the original purchase price or the cost to replace the item.

The property itself can be almost anything: physical goods, bank bills, even fixtures or crops unlawfully separated from land are covered by the statute.¹ If you are charged with retail theft specifically, the state may bring the case under the separate shoplifting statute at § 16-13-110, which carries the same fine and jail ceilings when the merchandise is worth $2,000 or less.²

Restitution on Top of the Fine

The fine is not the whole bill. South Carolina law requires a hearing to determine whether the victim suffered a financial loss, and if so, the judge must order you to pay back the value of what was taken or damaged.³ Restitution goes to the victim directly. The fine goes to the court. You can owe both.

What Pushes the Penalty Higher

Two things turn a petit larceny-style theft into something much worse: the value of the property, and your prior record.

Value Above $2,000

Grand larceny under § 16-13-30(B) carries sharply higher penalties:

Property worth $2,001 to $9,999: a felony with up to five years in prison.
Property worth $10,000 or more: a felony with up to ten years in prison.¹

When the alleged value is close to the line, the valuation fight becomes the most consequential part of the case. The difference between $1,800 and $2,100 is the difference between a misdemeanor fine and a felony conviction.

A Third or Subsequent Conviction

Even for a tiny theft, a third conviction for a property offense whose punishment depends on the value of the property must be sentenced as a Class E felony under § 16-1-57.⁴ A Class E felony carries up to ten years in prison. Someone with two prior petit larceny convictions who steals a $20 item faces the same felony classification as someone who committed grand larceny over $10,000. Old convictions still count. If you have any prior property offenses on your record, a new petit larceny charge is far more dangerous than the statute alone suggests.

Avoiding the Penalty Through Pretrial Intervention

If this is your first offense, South Carolina’s Pretrial Intervention program is the single best outcome available. PTI is a diversion program for first-time, nonviolent offenders that routes the case away from the traditional court process entirely.⁵ Complete it, and the solicitor’s office dismisses the charge with a noncriminal disposition. You can then apply to have all records of the arrest destroyed.

Eligibility is not automatic. The solicitor evaluates whether you pose a threat to the community, your criminal history, and the likelihood you will reoffend. You generally cannot have been accepted into PTI before. The program itself may require community service, counseling, and restitution to the victim, and violating the conditions sends the original charge back to court for prosecution. The payoff for completing it is substantial: no conviction, no criminal record, no fine on your record, no jail.

Expungement After a Conviction

If PTI is not an option and you are convicted, South Carolina still allows expungement of petit larceny convictions under § 22-5-910. You must wait three years from the date of the conviction with no other convictions during that period, including out-of-state offenses.⁶ The provision applies to offenses carrying a maximum penalty of 30 days in jail or a $1,000 fine, which matches petit larceny exactly.

Limits apply. You can only use this expungement provision once in your lifetime. You cannot have pending criminal charges when you apply, unless those charges have been pending more than five years. The application goes to the circuit court, not the magistrate or municipal court where you were convicted. If multiple charges arose from the same incident and were sentenced together, they may count as one conviction for expungement purposes.⁶ Motor vehicle offenses are not eligible under this path.

The Consequences That Outlast the Sentence

The fine and the possible 30 days are the immediate hit. The record often does the real damage.

A petit larceny conviction shows up on background checks, and South Carolina does not prohibit employers from considering misdemeanor theft convictions in hiring. For jobs involving money handling, inventory, or any position of trust, a theft conviction is frequently disqualifying as a practical matter, even where no law requires it.

Professional licensing boards in many fields treat theft as a crime of moral turpitude, which can trigger denial or revocation of licenses in healthcare, education, finance, and other regulated professions. Boards typically have discretion to look at the circumstances rather than imposing an automatic bar, but the burden shifts to you to explain why a theft conviction should not disqualify you.

For non-U.S. citizens, the immigration stakes deserve particular attention. Theft offenses that require proof of intent to permanently deprive the owner are generally treated as crimes involving moral turpitude under federal immigration law. The federal “petty offense exception” may shield you from inadmissibility if the offense is your only crime involving moral turpitude, the maximum possible sentence does not exceed one year, and you were not actually sentenced to more than six months.⁷ South Carolina petit larceny tops out at 30 days, so it fits comfortably inside that exception on a first offense. A second conviction removes the exception, and at that point even a very small theft charge can become a deportation trigger.

1
South Carolina Legislature. South Carolina Code 16-13-30 – Petit Larceny; Grand Larceny
2
South Carolina Legislature. South Carolina Code 16-13-110 – Shoplifting
3
South Carolina Legislature. South Carolina Code 17-25-322 – Restitution to Victim
4
South Carolina Legislature. South Carolina Code 16-1 – Felonies and Misdemeanors; Accessories
5
SC Eleventh Judicial Circuit. Pre-Trial Intervention (PTI)
6
South Carolina Legislature. South Carolina Code 22-5-910 – Expungement of Criminal Records
7
Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens