South Carolina Disorderly Conduct, Breach of Peace and Trespass Laws

South Carolina's disorderly conduct statute is S.C. Code 16-17-530, "public disorderly conduct," a misdemeanor punishable by a fine of up to $100 or up to 30 days in jail. It covers being grossly intoxicated or disorderly or boisterous in a public place, using obscene or profane language in public or within hearing of a school or church, and firing a gun near a public road while drunk or pretending to be. Breach of the peace is a separate common-law offense that magistrates may punish by a fine of up to $500, up to 30 days, or both (S.C. Code 22-3-560).

South Carolina has no degrees of criminal trespass. Entering land after notice (16-11-600, which includes the state's purple paint rule) and refusing to leave after a warning or request (16-11-620) are low-level misdemeanors, while trespass becomes a felony only through separate statutes, among them those keyed to property damage, marijuana cultivation, burglary or, since June 30, 2026, damaging a residential dwelling while unlawfully occupying it. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Carolina's state criminal statutes on public disorderly conduct and breach of the peace, related public-order offenses in Titles 10, 16, 51 and 58, and criminal trespass (Title 16, chapter 11, plus related sections in Titles 50, 51 and 58), including two 2026 acts that took effect on approval. It does not cover local noise ordinances and quiet hours (see South Carolina noise laws), the civil procedure for removing squatters (see South Carolina squatters' rights), use of force against an intruder (see South Carolina self-defense laws), local ordinances, civil trespass lawsuits, or federal property rules.

What is disorderly conduct in South Carolina?

Section 16-17-530(A) provides that a person who is:

"(1) found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducts himself in a disorderly or boisterous manner; (2) uses obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church; or (3) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharges any gun, pistol, or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days." (S.C. Code 16-17-530(A))

In plain terms, the statute has three clauses:

• Grossly intoxicated, disorderly or boisterous in public. Being found on a highway or at a public place or public gathering in a grossly intoxicated condition, or otherwise acting in a disorderly or boisterous manner. This clause covers public drunkenness.
• Obscene or profane language. Using obscene or profane language on a highway, at a public place or gathering, or within hearing distance of a schoolhouse or church.
• Drunken gun discharge near a road. While under the influence, or pretending to be, firing a gun without just cause or excuse on or within 50 yards of a public road or highway, except on one's own premises.

Section 16-17-530 contains no definitions subsection and no mental-state words such as "intentionally" or "knowingly." The section has no separate noise clause; for quiet hours and local noise ordinances, see our South Carolina noise laws page.

Penalty and the first-offender conditional discharge

The maximum is a fine of $100 or 30 days. Because the term is under one year, the offense sits outside South Carolina's misdemeanor class system: under section 16-1-10(C), "All offenses with a term of imprisonment of less than one year are misdemeanors and exempt from the classification system." Section 16-17-530 has no felony form and no higher grade for a repeat offense.

The 2019 rewrite (2019 Act No. 90) added a conditional discharge, which the court may grant "upon approval by the circuit solicitor." Under subsection (B), when a person who has not previously been convicted under this section or "any similar offense under any state or federal statute relating to drunk or disorderly conduct" pleads guilty or is found guilty, "the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation." Discharge and dismissal "may occur only once with respect to any person," and subsection (D) requires a $150 fee to the summary court that may not be waived, reduced or suspended "except in cases of indigency." For record-clearing rules generally, see South Carolina expungement laws.

Profanity, students and Kenny v. Wilson

In Kenny v. Wilson, the federal district court in South Carolina held the disorderly conduct statute's disorderly or boisterous conduct and obscene or profane language provisions, and the pre-2018 disturbing schools statute, unconstitutionally vague as applied to elementary and secondary school students, and permanently enjoined future enforcement of the disorderly conduct statute against those students while they are attending school. The Fourth Circuit affirmed in Carolina Youth Action Project v. Wilson, 60 F.4th 770 (4th Cir. 2023), holding that "both the disorderly conduct and disturbing schools laws are unconstitutionally vague as applied to elementary and secondary school students." The disturbing-schools ruling concerned that statute's pre-2018 version, which has since been rewritten to apply only to non-students. The rulings do not limit the statute's use against adults or anyone outside that student group.

Breach of the peace

South Carolina's code does not define breach of the peace; it is a common-law offense. The only general statute is a sentencing provision for magistrates: "Magistrates may punish breaches of the peace by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding thirty days, or both" (S.C. Code 22-3-560).

Related public-order offenses

Among the other public-order offenses in the code are the following.

Disturbing schools (16-17-420)

Section 16-17-420(A) makes it unlawful "for a person who is not a student to wilfully interfere with, disrupt, or disturb the normal operations of a school or college in this State" by, among other listed means, "entering upon school or college grounds or property without the permission of the principal or president in charge" or "loitering upon or about school or college grounds or property, after notice is given to vacate." It is a misdemeanor punishable by a fine of up to $2,000, up to 1 year, or both. The section was rewritten in 2018 and by its terms applies to non-students.

Disturbing religious worship (16-17-520)

A person who "wilfully and maliciously" disturbs or interrupts a religious meeting, enters one "while in a state of intoxication," or uses or sells liquor or uses "blasphemous, profane or obscene language at or near the place of meeting" commits a misdemeanor, punishable by "a fine of not less than twenty nor more than one hundred dollars, or be imprisoned for a term not exceeding one year or less than thirty days, either or both, at the discretion of the court."

Disturbing a funeral (16-17-525)

It is unlawful "to wilfully, knowingly, or maliciously disturb or interrupt a funeral service." The section applies to a disturbance within 1,000 feet of the funeral service and during "a time period of one-half hour before the funeral service until one- half hour after the funeral service." It is a misdemeanor punishable by a fine of up to $500 or up to 30 days. Subsection (B) separately makes it a misdemeanor, punishable by a fine of up to $100 or up to 30 days, to undertake any activity at a public or private cemetery, other than decorous participation in a funeral or visiting a burial space, without the owner's prior written approval.

Emergency orders, curfews and looting (16-7-10)

In an area the Governor has designated under a declared emergency, section 16-7-10(A)(1) makes it a misdemeanor to violate a provision of the proclamation, "including, but not limited to, any curfew set forth by the proclamation," to "congregate, unless authorized or in their homes, in groups of three or more and to refuse to disperse upon order of a law enforcement officer," or to "wilfully fail or refuse to comply with any lawful order or direction of any law enforcement officer." The penalty is a fine of up to $100 or up to 30 days. Under section 16-7-10(A)(2), entering another's property without lawful authority and with criminal intent, damaging another's property, or taking or otherwise disturbing another's property in the emergency area is the felony of looting, punishable by a fine or imprisonment, or both, in the court's discretion, and the court must order restitution.

Wearing a mask (16-7-110, 16-7-140)

"No person over sixteen years of age shall appear or enter upon any lane, walk, alley, street, road, public way or highway of this State or upon the public property of the State or of any municipality or county in this State while wearing a mask or other device which conceals his identity." A violation of section 16-7-110 or 16-7-120 is a misdemeanor punishable by a fine of up to $500 or up to 12 months. Section 16-7-130 lists exceptions.

The State House and capitol grounds (Title 10, chapter 11)

Section 10-11-330 makes it unlawful to wilfully and knowingly enter or remain in a building on the capitol grounds, without authorization, "for the purpose of uttering loud, threatening, and abusive language or to engage in any disorderly or disruptive conduct with the intent to impede, disrupt, or disturb the orderly conduct of any session of the legislature"; to obstruct or impede passage on the grounds or in a building; to engage in physical violence there; or "to parade, demonstrate, or picket within the capitol building." Under section 10-11-360, a violation is a misdemeanor punishable by a fine of up to $5,000, up to 3 years, or both. Separately, using the State House or grounds "for any purpose not authorized by law" carries up to 30 days or a fine of up to $100 (10-11-20).

State parks and trains

The state park rules in section 51-3-145(K) and (L) prohibit "Acting in a disorderly manner or creating any noise which would result in annoyance to others," including "inciting or participating in riots, or indulging in boisterous, abusive, threatening, indecent, or disorderly conduct," and "Entering or remaining within the limits of the park or facility while in an intoxicated or drugged condition." On trains, anyone "guilty of riotous or disorderly conduct" or who acts "to the annoyance of the traveling public on a train, coach or car of any common carrier" commits a misdemeanor punishable by a fine of up to $100 or up to 30 days (58-15-880).

Riot and affray (16-5-120, 16-5-130)

Engaging in a riot, rout or affray "when no weapon was actually used and no wound inflicted" carries a fine of up to $100 or up to 30 days (16-5-120). Under 16-5-130, participating in a riot, by being present or by instigating, promoting or aiding it, is:

• a felony punishable by up to 5 years, a fine of up to $1,000, or both, if the purpose of the assembly is to resist enforcement of a state or federal statute or to obstruct a public officer in serving court process or performing another duty, or if the offender carries a firearm or other dangerous weapon or is disguised;
• a misdemeanor punishable by up to 2 years, a fine of up to $500, or both, if the offender directs, advises, encourages or solicits others in the riot to acts of force or violence; and
• otherwise a misdemeanor punishable by up to 2 years, a fine of up to $250, or both.

The section states that it "must not be construed to prevent the peaceable assembling of persons for lawful purposes of protest or petition."

False reports, false alarms and bomb threats

Knowingly filing a false police report is a felony punishable by up to 5 years, a fine of up to $1,000, or both, when a felony is falsely reported, and a misdemeanor punishable by up to 30 days, a fine of up to $500, or both, when a misdemeanor is falsely reported (16-17-722). Knowingly making a false complaint to a law enforcement officer about a crime by another, or giving a rescue squad or fire department false information about a health emergency or fire, is a misdemeanor punishable by a fine of up to $200 or up to 30 days (16-17-725). Giving a false alarm from a fire or police alarm box or by telephone is a misdemeanor punishable by "a term of not less than sixty days or the payment of a fine of not more than two hundred dollars" (16-17-570). Knowingly conveying false information about an attempt to kill, injure or intimidate anyone or to damage or destroy property with an explosive, incendiary or destructive device is a felony punishable by 1 to 10 years for a first offense and 5 to 15 years for a second or later one, and the sentence "must not be suspended and probation must not be granted" (16-23-750).

What the criminal chapters do not contain

Chapters 7, 8, 11 and 17 of Title 16 contain no unlawful-assembly or loitering offense, no statewide public-camping offense and no critical-infrastructure trespass offense; riot and affray are in chapter 5.

Criminal trespass in South Carolina

South Carolina's trespass statutes are not graded by degree. The two general offenses are entering land after notice (16-11-600) and entering after a warning or refusing to leave (16-11-620). Each is a misdemeanor outside the class system, with its own penalty.

Entering land after notice, and the purple paint law (16-11-600)

Section 16-11-600(A) provides: "Every entry upon the lands of another, after notice from the owner or tenant has been posted or given prohibiting such entry, is a misdemeanor and must be punished by a fine of not more than one hundred dollars or by imprisonment not more than thirty days." Notice can be "posted or given," so either posting or direct notice from the owner or tenant meets the statute's words.

Under subsection (B), the owner or tenant may post notice in either of two ways:

"(1) by posting a notice in four conspicuous places on the borders of such land prohibiting entry thereon; or (2) by marking boundaries with a clearly visible purple-painted marking, consisting of one vertical line not less than eight inches in length and two inches in width, and the bottom of the mark not less than three nor more than six feet from the ground or normal water surface. These marks must be affixed to immovable, permanent objects that are not more than one hundred yards apart and readily visible to any person approaching the property."

Subsection (C) adds that when an owner or tenant posts notice as the section provides, "a proof of the posting is deemed and taken as notice conclusive against the person making entry for the purpose of trespassing." The purple paint option was added by 2022 Act No. 219, effective May 23, 2022.

Being told to leave, or warned not to return (16-11-620)

Section 16-11-620 covers two situations. It applies to a person who, "without legal cause or good excuse, enters into the dwelling house, place of business, or on the premises of another person after having been warned not to do so," and to a person who entered without a warning but "fails and refuses, without good cause or good excuse, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative." The penalty is a fine of up to $200 or up to 30 days.

Special trespass offenses

Among the other trespass offenses in the code are:

• Hunting, fishing, gathering or cutting timber without consent (16-11-610). Entering another's land for hunting, fishing, trapping or netting, for gathering fruit, flowers, straw, turf, vegetables or herbs, or for cutting timber, "without the consent of the owner or manager." First offense: up to $200 or 30 days. Second: $100 to $200 or up to 30 days. Third or later: $500 to $1,000, up to 6 months, or both; prior offenses within 10 years count.
• Enclosed property at night (16-11-640). Entering private property "enclosed by walls or fences with closed gates between the hours of six P.M. and six A.M." if not an occupant, owner or invitee. It does not apply to a justifiable emergency entry or to premises "not posted with clearly visible signs prohibiting trespass upon the enclosed premises." Fine of $25 to $200 or up to 30 days.
• Public library after a warning (16-11-625). Entering a public library "without legal cause or good excuse, after having been warned not to do so" by the library director or branch manager. Up to $200 or 30 days; the written warning must state how long the prohibition lasts and how to appeal.
• Public transportation after a warning (16-11-635, 2026). Added by 2026 Act No. 222 (S.399), approved May 19, 2026 and effective on approval. A person who enters "after having been warned not to do so by the transit director" or a transit supervisor or designee, during the period of the prohibition, commits a misdemeanor punishable by a fine of up to $200 or up to 30 days. The written warning must state the violation, its duration and how to appeal.
• Closed government premises (16-11-630). Refusing or failing, without justifiable cause, to leave state, county or municipal premises during hours they are regularly closed to the public, when asked by an officer, guard, watchman or custodian. Up to $100 or 30 days.
• State House grounds (10-11-30). It is unlawful to trespass on the grass plots or flower beds of the State House, the Governor's mansion or the state office grounds in the block bounded by Assembly, Gervais, Bull and Pendleton Streets in Columbia, or to commit any other trespass on state property there; the section does not state its own penalty.
• Cemeteries (16-17-525(B)). Any activity at a public or private cemetery, other than decorous participation in a funeral or visiting a burial space, without the owner's prior written approval. Up to $100 or 30 days.
• Railroad tracks (58-17-4096). "It is unlawful, without proper authority, for a person to trespass upon railroad tracks." Up to $200 or 30 days.
• State parks (51-3-150). Using or attempting to use state park facilities "without the express permission of the State" is trespass upon state park property, punishable by a fine of up to $5,000, up to 2 years, or both.
• Wildlife areas and sanctuaries (50-11-2225, 50-11-990). Entering a closed wildlife management area, or remaining after being told to leave by an officer, the manager or department staff, carries up to $500, up to 30 days, or both. Hunting or trespassing on a designated sanctuary carries $100 to $200 per offense or up to 30 days.
• Archaeological sites (16-11-780). Entering another's land, or posted state land, to disturb or excavate a prehistoric or historic site to remove an archaeological resource. A third or later offense is a felony punishable by a fine of up to $5,000, up to 5 years, or both.

Squatting and the 2026 residential trespass felony

2026 Act No. 252 (H.3387), approved June 30, 2026 and effective on approval, added section 16-11-790. It is current law even though it may not yet appear on the official code pages:

• (A) "A person who unlawfully detains, occupies, or trespasses upon a residential dwelling and who intentionally damages the dwelling causing one thousand dollars or more in damages is guilty of a felony," punishable by a fine in the court's discretion, up to 5 years, or both.
• (B) Listing or advertising residential property for sale knowing the seller has no legal title or authority, or renting or leasing property knowing one has no lawful ownership or leasehold interest, is a misdemeanor punishable by a fine of up to $1,000, up to 30 days, or both.
• (C) Knowingly and willfully presenting a false lease, deed or other instrument, "with the intent to detain or remain upon real property," is a misdemeanor punishable by a fine in the court's discretion, up to 1 year, or both.

The same act created a removal procedure for unlawful occupants, and section 27-37-340(C) makes violating an ex parte removal order a felony punishable by up to 3 years, a fine of up to $3,000, or both. It also provides, in section 45-2-65(D), that a transient guest or guest who remains or tries to remain in an RV park "after being requested to leave commits a misdemeanor," punishable by a fine of up to $300, up to 30 days, or both. For the removal process, see South Carolina squatters' rights. For the rules on using force against an intruder, see South Carolina self-defense laws.

Is trespassing a felony in South Carolina?

Simple trespass under 16-11-600 and 16-11-620 is a misdemeanor. A trespass-related offense is a felony only under a separate statute:

• Malicious injury to real property (16-11-520). It is unlawful to "wilfully and maliciously cut, mutilate, deface, or otherwise injure a tree, house, outside fence, or fixture of another or commit any other trespass upon real property of another." It is a felony punishable by up to 10 years if the injury or loss is worth $10,000 or more, and a felony punishable by up to 5 years if worth more than $2,000 but less than $10,000. At $2,000 or less it is a misdemeanor triable in magistrates or municipal court, punishable by a fine of up to $1,000, up to 30 days, or both.
• Entering land to grow marijuana (16-11-617). Entering another's land "for the purpose of cultivating or attempting to cultivate marijuana" is a felony punishable by up to 5 years and a fine of up to $5,000; "a minimum of twenty-five marijuana plants must be cultivated" for a violation.
• Residential dwelling damage while unlawfully occupying (16-11-790(A), since June 30, 2026): a felony, up to 5 years, as described above.
• Archaeological site disturbance, third or later offense (16-11-780): a felony, up to 5 years.
• Looting in a declared emergency area (16-7-10(A)(2)): a felony.
• Domestic violence shelter grounds (16-25-125). A person charged with or convicted of domestic violence under 16-25-20 or 16-25-65, or subject to an order of protection or a restraining order, may not enter or remain on the grounds or structure of a domestic violence shelter where the person's household member resides, or on the shelter's administrative offices; the section does not apply to a person with legitimate business or any authorization, license or invitation. It is a misdemeanor punishable by a fine of up to $3,000, up to 3 years, or both, and a felony punishable by a fine of up to $5,000, up to 5 years, or both, if the person has a dangerous weapon.

Burglary is the line above trespass. A person is guilty of burglary in the third degree "if the person enters a building without consent and with intent to commit a crime therein," a felony punishable by up to 5 years for a first offense and up to 10 years for a second (16-11-313). For the burglary sections, a "building" includes any structure, vehicle, watercraft or aircraft where a person lodges or lives, or where people assemble for listed purposes or goods are stored (16-11-310). Trespass has no intent element of that kind.

Penalties at a glance

Each of these statutes states its own penalty. Section 16-1-10(C) exempts offenses with a maximum term under one year from the misdemeanor class system, and section 16-1-20 sets the ranges for classified offenses. For the full table of South Carolina offense classes, see South Carolina felony and misdemeanor classes.

Recent changes

• 2026 Act No. 252 (H.3387), approved June 30, 2026, effective on approval: added section 16-11-790 (felony for intentionally causing $1,000 or more in damage to a residential dwelling while unlawfully occupying or trespassing on it; misdemeanors for fraudulent sale or rental listings and for presenting a false lease or deed), a removal procedure for unlawful occupants with a felony for violating an ex parte removal order (27-37-340(C), up to 3 years, up to $3,000, or both), and the RV park misdemeanor in 45-2-65(D).
• 2026 Act No. 222 (S.399), approved May 19, 2026, effective on approval: added section 16-11-635, trespass on public transportation after a written warning.
• 2022 Act No. 219 (H.3291), effective May 23, 2022: rewrote section 16-11-600 and added the purple paint marking option.
• 2019 Act No. 90 (H.3601), effective June 25, 2019: rewrote section 16-17-530 and added the first-offender conditional discharge.

Federal law separately governs conduct on federal property and at the U.S. Capitol; our disorderly conduct and trespass laws by state guide covers that layer.

Related

• Disorderly conduct and trespass laws by state
• South Carolina noise laws
• South Carolina felony and misdemeanor classes
• South Carolina squatters' rights
• South Carolina self-defense laws
• South Carolina expungement laws
• How to charge someone with trespassing

This article provides general legal information about South Carolina's disorderly conduct, breach of the peace, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in South Carolina.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in South Carolina?

Under S.C. Code 16-17-530, public disorderly conduct is being grossly intoxicated or acting in a disorderly or boisterous manner on a highway or at a public place or gathering, using obscene or profane language in public or within hearing of a school or church, or firing a gun within 50 yards of a public road while drunk or pretending to be.

Is disorderly conduct a misdemeanor in South Carolina?

Yes. It is a misdemeanor punishable by a fine of up to $100 or up to 30 days, with no felony form. A first-time offender may receive a conditional discharge once, with the circuit solicitor's approval and a $150 fee.

Can you get disorderly conduct for cursing in South Carolina?

Section 16-17-530(A)(2) covers using obscene or profane language on a highway, at a public place or gathering, or within hearing distance of a schoolhouse or church. In Kenny v. Wilson (D.S.C. 2021), affirmed by the Fourth Circuit in Carolina Youth Action Project v. Wilson (2023), federal courts held that language provision, and the disorderly and boisterous terms, unconstitutionally vague as applied to elementary and secondary school students, and enforcement against those students while attending school is permanently enjoined. The rulings do not limit the statute for adults.

Is public intoxication a crime in South Carolina?

Being found on a highway or at a public place or public gathering in a grossly intoxicated condition is one form of public disorderly conduct under 16-17-530(A)(1), a misdemeanor punishable by a fine of up to $100 or up to 30 days.

What is breach of the peace in South Carolina?

Breach of the peace is a common-law offense; the code does not define it. Under 22-3-560, magistrates may punish it by a fine of up to $500, up to 30 days, or both.

Is trespassing a felony in South Carolina?

Simple trespass under 16-11-600 or 16-11-620 is a misdemeanor. Felonies arise under separate statutes, including malicious injury to real property worth more than $2,000 (16-11-520), entering land to grow marijuana (16-11-617), and since June 30, 2026, intentionally causing $1,000 or more in damage to a residential dwelling while unlawfully occupying it (16-11-790(A)).

Does South Carolina have a purple paint law?

Yes. Since May 23, 2022, 16-11-600(B)(2) lets an owner or tenant post land with purple paint: one vertical line at least 8 inches long and 2 inches wide, the bottom 3 to 6 feet above the ground or normal water surface, on permanent objects no more than 100 yards apart and readily visible.

What happens if a store tells you to leave in South Carolina?

Under 16-11-620, a person who fails and refuses, without good cause or good excuse, to leave a place of business or other premises immediately when ordered or requested by the person in possession or an agent commits a misdemeanor punishable by a fine of up to $200 or up to 30 days. Entering after being warned not to is covered by the same section.

Is squatting a crime in South Carolina?

Since June 30, 2026, 16-11-790 makes it a felony to unlawfully occupy or trespass on a residential dwelling and intentionally cause $1,000 or more in damage, and a misdemeanor to present a false lease or deed with intent to remain on property or to rent out property one has no lawful interest in. Entering after notice or refusing to leave can also be trespass under 16-11-600 and 16-11-620.