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Bill 251

                    Current Status

Bill Number:                      251
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010131
Primary Sponsor:                  Alexander
All Sponsors:                     Alexander, Branton and Waldrep
Drafted Document Number:          l:\council\bills\swb\5091djc01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Computer, e-mail, electronic 
                                  communication; unlawful use of governed by 
                                  same law as telephones; Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010131  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 16-17-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USES OF A TELEPHONE, SO AS TO INCLUDE THE UNLAWFUL USE OF COMPUTER, E-MAIL, AND ELECTRONIC COMMUNICATIONS WITHIN THE PROHIBITIONS OF THE SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-17-430 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-17-430(A) It is unlawful for a person to:

(1) use in a telephonic, computer, e-mail, or electronic communication any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to threaten in a telephonic, computer, e-mail, or electronic communication any unlawful act with the intent to coerce, intimidate, or harass another person, or to communicate or convey by telephone, computer, e-mail, or electronic device an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person;

(2) telephone another or communicate with another by a computer or electronic device repeatedly, whether or not conversation ensues, for the purpose of annoying or harassing another person or his family;

(3) make a telephone call, e-mail, or send an electronic message and intentionally fail to hang up or disengage the connection for the purpose of interfering with the telephone, computer, e-mail, or internet service of another;

(4) telephone, e-mail, or send an electronic message to another and make false statements concerning either the death or injury of a member of the family of the person who is telephoned with the intent to annoy, frighten, or terrify that person; or

(5) knowingly permit a telephone, computer, e-mail, or device capable of sending a voice or electronic message under his control to be used for any purpose prohibited by this section.

(B)(1) A person who violates items (1), (2), or (4) of subsection (A) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years.

(2) A person who violates items (3) or (5) of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."

SECTION 2. This act takes effect upon approval by the Governor.

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