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Old 06-12-2013, 10:33 PM
fiddler84 fiddler84 is offline
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Join Date: Feb 2011
Posts: 50
Default Re: Howard's Rock vandalized

Originally Posted by tbink25 View Post
Absolutely. Off the top of my head this can be categorized as first degree burglary, a class C felony in SC and carrying up to 20 years in prison. There are a myriad of other "lessor" felony charges that could also be levied.
Prosecutor here... this would not be classified as a burglary, and definitely not 1st degree. 1st degree burglary requires breaking into a dwelling (i.e., where people sleep on a regular basis, and keep their personal belongings, where they live...) and an elevating factor, including but not limited to at night, weapons involved, injuries to a non participant in the crime, etc.

The best shot in burglary realm would be a burg. 3rd or a burg 2nd violent if it could be shown to be at night time. but that being said, there is a requirement that it be a building, which by it's definition means 4 walls and a roof. While Death valley is the "home" of the Clemson Tigers and their fans, I doubt that would qualify in a court of law.

The charges this seems closer to is probably some type of malicious injury to real property over a certain value, or Grand Larceny (for the taking of the portion of the rock that was removed), over a certain value. It would also likely have trespassing charges, which would be at the magistrate level. A lot of this will depend on what dollar value they place on the rock itself, which by it's inherent nature, is invaluable.
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