Cargo Theft

2025-2026 Bill 5288: Cargo Theft - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
H. 5288
STATUS INFORMATION
General Bill
Sponsors: Reps. J.E. Johnson, Brittain, Yow, Guest, Haddon, Jordan, Robbins, Wickensimer, C. Mitchell, Calhoon, W. Newton, Erickson and Kirby
Document Path: LC-0227AHB26.docx
Introduced in the House on February 26, 2026
Currently residing in the House Committee on
Judiciary
Summary: Cargo Theft
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/26/2026

House

Introduced and read first time (
House Journal-page 15
)

2/26/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 15
)

4/2/2026

House

Member(s) request name added as sponsor: Robbins

4/15/2026

House

Member(s) request name added as sponsor:
Wickensimer, C. Mitchell, Calhoon

4/15/2026

House

Committee report: Favorable
Judiciary
(
House Journal-page 4
)

4/16/2026

House

Member(s) request name added as sponsor: W. Newton

4/16/2026

Scrivener's error corrected

4/21/2026

House

Member(s) request name added as sponsor: Erickson

4/22/2026

House

Requests for debate-Rep(s). Stavrinakis,
Rutherford, Weeks, Hayes, Garven, Gilliard,
Bernstein, Bauer, Wetmore (
House Journal-page 21
)

4/23/2026

House

Member(s) request name added as sponsor: Kirby

4/23/2026

House

Debate adjourned (
House Journal-page 172
)

4/29/2026

House

Debate adjourned (
House Journal-page 173
)

5/7/2026

House

Debate adjourned (
House Journal-page 42
)

5/13/2026

House

Recommitted to Committee on
Judiciary
(
House Journal-page 183
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/26/2026
04/15/2026
04/16/2026

Committee Report

April 15, 2026

H. 5288

Introduced by Reps. J. E. Johnson, Brittain, Yow,
Guest, Haddon, Jordan, Robbins, Wickensimer, C. Mitchell and Calhoon

S. Printed 4/15/26--H. [SEC
4/16/2026 10:58 AM]

Read the first time February 26, 2026

________

The committee on House Judiciary

To whom was referred a Bill (H. 5288) to amend
the South Carolina Code of Laws by adding Section
16-13-136
so as to define
necessary terms, create cargo theft offenses, and provide penalties for the,
etc., respectfully

Report:

That they have duly and carefully considered
the same, and recommend that the same do pass:

W. NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill creates the misdemeanor and
felony offense of cargo theft and the possession or sale of stolen cargo. This
bill establishes a tired penalty structure for those found guilty of the
offense dependent upon the value of the cargo, number of violations, and
whether the defendant is a repeat offender.

This bill specifies that nothing within the
sections may be interpreted to allow a circuit solicitor or persons in the
circuit solicitor's employ to prosecute cases outside of the circuit where the
circuit solicitor was elected without the consent of the Attorney General. The
Revenue and Fiscal Affairs Office (RFA) anticipates the Office of Attorney
General will manage any additional responsibilities from this bill within
existing appropriations.

RFA anticipates this bill may result in an
increase in the number of court cases and potentially the number of
incarcerations, due to the newly created offenses and expansion of current
offenses, which may increase the workload of the court system and CID, PPP, CPC,
and Corrections. We anticipate the potential impact of the caseload in court
can be managed within existing appropriations by Judicial. Additionally, the
potential increase in expenses for each agency will depend upon the increase in
the number of cases and number of incarcerations. RFA anticipates that the
potential increase in caseload can be managed by these agencies within existing
appropriations. However, if the bill has an unanticipated impact on caseloads
or downstream expenses, Judicial and these agencies will request an increase in
General Fund appropriations. For information, according to Corrections, in FY
2024-25, the annual total cost per inmate was $37,503, of which $35,696 was
state funded.

State Revenue

This bill creates the misdemeanor and
felony offense of cargo theft and the possession or sale of stolen cargo. This
bill establishes a tired penalty structure for those found guilty of the
offense dependent upon the value of the cargo, number of violations, and
whether the defendant is a repeat offender.

This bill
may result in a change in the fines and fees collected in court. Court fines
and fees are distributed to the General Fund, Other Funds, and local funds.
Therefore, RFA anticipates this bill may result in a change to the General Fund
and Other Funds revenue due to the change in fines and fees collections in
court.

Local Expenditure

This bill creates the misdemeanor and
felony offense of cargo theft and the possession or sale of stolen cargo. This
bill establishes a tired penalty structure for those found guilty of the
offense dependent upon the value of the cargo, number of violations, and
whether the defendant is a repeat offender.

We anticipate this bill will have a minimal
impact on counties and municipalities that will be managed with existing
resources.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
16-13-136
SO AS TO DEFINE NECESSARY TERMS, CREATE CARGO THEFT OFFENSES, AND
PROVIDE PENALTIES FOR THE OFFENSES.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
A
rticle 1, Chapter 13, Title 16 of the S.C. Code is
amended by adding:

S
ection
16-13-136
.
(
A) As used in this
section, the term:

(
1)
"Cargo" means either of the following, a:

(
a)
vehicle engaged in commercial transportation of freight or the freight being
transported in or on the vehicle including, but not limited to, goods,
chattels, money, or baggage; or

(
b)
trailer, semitrailer, container, railcar, or other associated equipment, or the
freight being transported in or on it including, but not limited to, goods,
chattels, money, or baggage.

(
2)
"Vehicle" has the same meaning as contained in Section
16-11-430
.

(
B)
It is unlawful for a person to:

(
1)
knowingly obtain, exert control over, take possession of, carry away, transfer,
or cause to be carried away any cargo, in whole or in part, with the intent to
deprive the owner of the possession, use, benefit, or value of the cargo
without authorization, at the point of origin, destination, or at any point
during transit regardless of any temporary stop, multiple stops, transshipment
or otherwise; or

(
2)
receive, possess, trade, barter, or sell cargo knowing, or having reason to
believe, that the cargo has been misappropriated through the offense of cargo
theft.

(
C) A
person who violates the provisions of subsection (B)(1) is guilty of the
offense of cargo theft, and:

(
1)
for a first offense, is guilty of a:

(
a)
misdemeanor and, upon conviction, must be fined not more than five thousand
dollars or imprisoned for not more than three years, or both, if the value of
the cargo is less than ten thousand dollars;

(
b)
felony and, upon conviction, must be fined not more than ten thousand dollars
or imprisoned for not more than five years, or both, if the value of the cargo
is more than ten thousand dollars but less than twenty thousand dollars;

(
c)
felony and, upon conviction, must be fined not more than twenty thousand
dollars or imprisoned for not more than ten years, or both, if the value of the
cargo is more than twenty thousand dollars but less than fifty thousand dollars;
or

(
d)
felony and, upon conviction, must be fined not more than fifty thousand dollars
or imprisoned for not more than twenty years, or both, if the value of the
cargo is more than fifty thousand dollars.

(
2)
for a second or subsequent offense, is guilty of a felony and, upon conviction,
regardless of the value of the cargo in any offense, must be fined not more
than fifty thousand dollars or imprisoned for not more than twenty years, or
both.

(
D)
For the purposes of a violation of subsection (C):

(
1)
multiple offenses occurring within a ninety-day period may be aggregated into a
single count with the aggregated value used to determine the total value of the
cargo; and

(
2)
the total value of the cargo shall include both the retail or fair market value
of the cargo and the value of any vehicle or cargo stolen or damaged in the
course of committing the offense of cargo theft.

(
E) A
person who violates the provisions of subsection (B)(2) is guilty of a felony
and, upon conviction, must be fined not more than twenty thousand dollars or imprisoned
for not more than ten years, or both.

(
F)
It is unlawful for a person to break, attempt to break, enter without breaking,
or take possession of any cargo with intent to commit cargo theft or in the
perpetration of any criminal offense. A person's unauthorized presence in,
upon, or among any cargo is prima facie evidence of violation of this section.
A person who violates this subsection is guilty of a felony and, upon
conviction, must be imprisoned for not more than five years or fined up to ten
thousand dollars, or both.

(
G)
It is not a violation of subsection (F) for any person to break, enter, or
otherwise be present in, upon, or among any cargo for the purpose of providing
assistance to a person in, upon, or among any cargo, if one more of the
following circumstances exists:

(
1)
the person acts in good faith to access the person inside to provide first aid
or emergency healthcare treatment or because the person inside is, or is in
imminent danger of, becoming unconscious, ill, or injured;

(
2)
it is reasonably apparent that the circumstances require prompt actions in
medical, other healthcare, or other assistance for the person inside; or

(
3)
the necessity of immediate healthcare treatment or removal of the person inside
is so reasonably apparent that any delay in the rendering of treatment or
removal would seriously endanger the life of the person.

(
H)
Acts committed in different counties that have been aggregated in one count may
be indicted and prosecuted in any one of the counties in which the acts
occurred. In a prosecution for a violation of this section, the State is not
required to establish and it is not a defense that some of the acts
constituting the crime did not occur within one city, county, or local
jurisdiction. However, nothing in this subsection may be interpreted to allow a
circuit solicitor or persons in the circuit solicitor's employ to prosecute
cases outside of the circuit where the circuit solicitor was elected without
the consent of the Attorney General.

(
I)
Property, funds, and interest a person has acquired or maintained in violation
of this section are subject to forfeiture pursuant to the procedures for
forfeiture as provided in Section
44-53-530
.

(
J) A
person may be found guilty of a violation of a provision of this section
whether or not anyone is convicted of the cargo theft.

S
ECTION 2. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on April 16, 2026 at 10:59 AM