Current Status Introducing Body:House Bill Number:4342 Primary Sponsor:Simrill Committee Number:25 Type of Legislation:GB Subject:Stalking Residing Body:House Current Committee:Judiciary Computer Document Number:NO5/7412AL.94 Introduced Date:19940111 Last History Body:House Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Simrill Meacham Allison Harvin Hutson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4342 House 19940111 Introduced, read first time, 25
referred to Committee
4342 House 19931201 Prefiled, referred to 25
Committee
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TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-1070 of the 1976 Code, as last amended by Act 184 of 1993 is further amended to read:
"Section 16-3-1070. (A) For purposes of this section:
(1) `Harasses' means a knowing and wilful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
(2) `Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of `course of conduct'.
(3) `A credible threat' means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his safety. The threat must be against the life of, or a threat to cause great bodily injury to, a person.
(B) It is unlawful for a person to wilfully, maliciously, and repeatedly follow or harass another person and make a credible threat with the intent to place that person in reasonable fear of death or great bodily injury. A person who violates the provisions of this section is guilty of the crime of stalking which is a misdemeanor and, upon conviction, must be imprisoned not more than one year three years or fined not more than one five thousand dollars, or both.
(C) A person who violates subsection (B) when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in subsection (B) against the same party is guilty of stalking which is a misdemeanor felony and, upon conviction, must be imprisoned not more than two five years or fined not more than one five thousand dollars, or both.
(D) A person who is convicted of a second or subsequent offense for a violation of subsection (B) within seven years of a prior conviction under subsection (B) against the same victim and involving an act of violence or `a credible threat' of violence, as defined in item (3) of subsection (A), is guilty of stalking which is a misdemeanor felony and, upon conviction, must be imprisoned not more than three ten years or fined not more than two ten thousand dollars, or both.
(E) This section does not apply to conduct which occurs during labor picketing."
SECTION 2. This act takes effect upon approval by the Governor.