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Protests And Assembly

S.C. Code 16-5-130 — riot is a crime, and the section must not be read to stop peaceable assembly

Peaceable assembly is protected in the riot section itself. The section punishing riot says it must not be construed to prevent the peaceable assembling of persons for lawful purposes of protest or petition.

  • S.C. Code 16-5-130
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  • Riot with a purpose of resisting the enforcement of a statute or obstructing a public officer, or while carrying firearms or another dangerous weapon, or while disguised, is a felony carrying up to five years or a fine of up to $1,000, or both.
  • Directing, advising, encouraging or soliciting others present to acts of force or violence is a misdemeanor carrying up to two years or a fine of up to $500, or both.
  • Any other participation in a riot is a misdemeanor carrying up to two years or a fine of up to $250, or both.
  • Engaging in a riot, rout or affray when no weapon was used and no wound inflicted carries a fine of up to $100 or up to thirty days.
  • S.C. Code 16-5-130
  • S.C. Code 16-5-120

No person over sixteen may appear on a street, road or other public way, or on public property of the state, a county or a municipality, wearing a mask or other device that conceals their identity, and may not take part in a meeting or demonstration on another's private property masked without the owner's and occupant's written permission.

A county, municipality or political subdivision that issues a permit for a protest, rally, parade or other organized event may temporarily restrict the otherwise lawful open carrying of a firearm on public property there, specifically as to area, duration and manner, and only for the event. Without a permit issued beforehand it may not.

  • S.C. Code 23-31-520

Assaulting or intimidating a citizen, firing a citizen or evicting one because of political opinions or the exercise of political rights is a misdemeanor carrying up to two years. The mask section has exceptions in a neighboring section, and permits, noise rules and curfews are local and not on this page. Whether a particular gathering was lawful is a question for a licensed South Carolina attorney.

  • S.C. Code 16-17-560
  • S.C. Code 16-7-110
Sources for this section (5)
  1. S.C. Code 16-5-130 — Penalties for instigating, aiding or participating in riot
  2. S.C. Code 16-7-110 — Wearing masks and the like
  3. S.C. Code 23-31-520 — Lawful open carrying of a firearm on public property during certain events
  4. S.C. Code 16-5-120 — Penalty for engaging in riot when weapon not used
  5. S.C. Code 16-17-560 — Assault or intimidation on account of political opinions or exercise of civil rights

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.

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