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Section 54-1-40. Criminal liability for unskillful or negligent management of steamboat.

SC Code § 54-1-40 (2019) (N/A)
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(A) It is unlawful for the captain, master, or other person having the command or charge of a boat to cause injury to life or limb of another by:

(1) the explosion of a boiler of a steamboat;

(2) reason of the unskillfulness, mismanagement, or negligence of the person having the charge or command of the boat; or

(3) reason of the deficiency or want of any matter or thing necessary and proper for the management or seaworthiness of any such boat.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

(C) This section must not be construed to prevent the defendant from showing, at the trial, that the injury arose from unavoidable accident or without fault on his part and this section must not be construed to restrict the liability of a person convicted under any other law.

HISTORY: 1962 Code Section 54-455; 1952 Code Section 54-455; 1942 Code Section 1126; 1932 Code Section 1126; Cr. C. '22 Section 23; Cr. C. '12 Section 168; Cr. C. '02 Section 137; G. S. 2477; R. S. 135; 1837 (6) 571; 1993 Act No. 184, Section 250, eff January 1, 1994.

Effect of Amendment

The 1993 amendment rewrote this section so as to change the maximum term of imprisonment to conform to the classification established for each offense.

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Section 54-1-40. Criminal liability for unskillful or negligent management of steamboat.