South Carolina criminal defense lawyer James R. Snell, Jr., was recently quoted by MarthaStewart.com in a national article discussing legal issues surrounding taking fruit from a neighbor's tree.
Although it can seem harmless, there are several potential legal issues implicated by this question. There is no technical distinction under the law between taking a piece of fruit and any other property, for example a lawn ornament or piece of sports equipment. In each situation, the issue comes down to whether or not there was an unauthorized entrance onto someone else's property and whether or not something was taken without the owner's consent.
Depending on the answers to these questions, there are several possible South Carolina criminal laws implicated. This includes criminal statutes such as trespassing, larceny, or malicious injury to property. Additionally South Carolina has a specific statute that would apply to the theft of fruit, including an apple from your neighbor's tree. That is S.C. Code § 46-1-30 "Stealing Melons or Fruit". This statute makes it a criminal misdemeanor to take "any melons or fruit" and carries a possible sentence of up to thirty days in jail.
Although it seems far-fetched that simply taking an apple or peach from across the property line could result in criminal charges or other legal issues, many people are very offended when they feel that their property rights were ignored or violated by a neighbor. These feelings can result in the escalation of otherwise minor situations.
Attorney James R. Snell, Jr., has provided criminal defense legal services in Columbia, Lexington and throughout South Carolina since 2004. His office regularly represents clients in misdemeanor and felony case types including domestic violence, DUI, Internet Crimes or drug offenses. Beyond his recent quote by MarthStewart.com, he has been featured in other national media outlets, including A&E Crime and Investigation discussing Alfred Pleas and MarketWatch discussing DUI consequences.
You can read the full article here.
If you're facing a criminal accusation, investigation or charge in South Carolina you can contact The Law Office of James R. Snell, Jr., for a free consultation. Same day appointments are usually available. During your appointment you will have the opportunity to confidentially discuss your situation with an attorney and ask any questions you may have about your legal rights or the court process. To schedule your appointment call us at (803) 359-3301.