Resisting And Fleeing
S.C. Code 16-9-320 and S.C. Code 56-5-750 — resisting an arrest, and failing to stop for blue lights
Resisting. It is unlawful to knowingly and wilfully oppose or resist an officer serving a legal writ or process, or to resist an arrest by someone the person knows or reasonably should know is a law enforcement officer, under process or not. It is a misdemeanor carrying a fine of $500 to $1,000 or up to one year, or both.
Knowingly and wilfully assaulting, beating or wounding an officer serving process, or while resisting an arrest by someone known or reasonably known to be an officer, is a felony carrying a fine of $1,000 to $10,000 or up to ten years, or both. An officer here is a duly appointed or commissioned officer of the state, a county or a municipality.
Not stopping for the blue light. In the absence of mitigating circumstances, a driver who fails to stop when signaled by a law enforcement vehicle's siren or flashing light commits an offense. Speeding up or otherwise trying to avoid the pursuing vehicle is prima facie evidence of a violation.
- A first offense with no great bodily injury or death is a misdemeanor carrying a fine of at least $500 or up to three years, and a license suspension of at least thirty days.
- A second or later offense with no great bodily injury or death is a felony carrying up to ten years and a one year suspension.
- Leading law enforcement on a high speed pursuit is a felony carrying up to ten years.
- Where great bodily injury results, a felony carrying up to fifteen years; where death results, up to thirty years.
Those are the penalties as the fleeing section now reads; the text it replaced set lower maximums. The license suspensions and the restricted license for school or work are set out in full in the section. Whether a particular act was resisting is a question for a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 16-9-320 — Opposing or resisting law enforcement officer; assaulting officer
- S.C. Code 56-5-750 — Failure to stop motor vehicle when signaled by law-enforcement vehicle
- S.C. Code 16-9-310 — "Law enforcement officer" defined
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.