The bill H. 5288 aims to address cargo theft in South Carolina by adding a new section, 16-13-136, to the South Carolina Code of Laws. This section defines key terms related to cargo and establishes specific offenses related to cargo theft, including unlawful possession and transfer of cargo without authorization. The bill outlines penalties for these offenses, categorizing them based on the value of the cargo involved. For first offenses, penalties range from a misdemeanor with fines up to $5,000 or imprisonment for up to three years for cargo valued under $10,000, to felonies with fines and imprisonment increasing with the value of the cargo. Subsequent offenses are treated as felonies regardless of cargo value, with similar penalties.

Additionally, the bill includes provisions for aggregating multiple offenses occurring within a 90-day period and specifies that unauthorized presence among cargo can be considered prima facie evidence of a violation. It also allows for certain exceptions where individuals may enter cargo areas to provide emergency assistance without facing charges. The bill stipulates that property acquired through violations is subject to forfeiture and clarifies that a person can be found guilty of cargo theft even if no one is convicted of the actual theft. The act will take effect upon approval by the Governor.

Statutes affected:
02/26/2026: 16-13-136
04/15/2026: 16-13-136
04/16/2026: 16-13-136
Latest Version: 16-13-136