H 4395 General Bill, By Limehouse, Wilkins, Taylor, Altman, Rodgers, Walker, 
Meacham-Richardson and Barrett
 A BILL TO AMEND SECTION 16-23-730, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO HOAX DEVICES AND REPLICAS OF DESTRUCTIVE DEVICES AND DETONATORS,
 SO AS TO REVISE THE SECTION AND PROVIDE THAT A PERSON WHO USES OR AIDS,
 COUNSELS, OR CONSPIRES WITH ANOTHER IN THE USE OF A HOAX DEVICE OR REPLICA OF
 A DESTRUCTIVE DEVICE OR DETONATOR IS GUILTY OF A FELONY RATHER THAN A
 MISDEMEANOR, AND TO INCREASE THE PENALTIES FOR FELONY AND MISDEMEANOR
 VIOLATIONS OF THIS SECTION.

   12/05/01  House  Prefiled
   12/05/01  House  Referred to Committee on Judiciary
   01/08/02  House  Introduced and read first time HJ-24
   01/08/02  House  Referred to Committee on Judiciary HJ-24
   01/09/02  House  Member(s) request name added as sponsor: Barrett

TO AMEND SECTION 16-23-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOAX DEVICES AND REPLICAS OF DESTRUCTIVE DEVICES AND DETONATORS, SO AS TO REVISE THE SECTION AND PROVIDE THAT A PERSON WHO USES OR AIDS, COUNSELS, OR CONSPIRES WITH ANOTHER IN THE USE OF A HOAX DEVICE OR REPLICA OF A DESTRUCTIVE DEVICE OR DETONATOR IS GUILTY OF A FELONY RATHER THAN A MISDEMEANOR, AND TO INCREASE THE PENALTIES FOR FELONY AND MISDEMEANOR VIOLATIONS OF THIS SECTION.

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

SECTION    1.    Section 16-23-730 of the 1976 Code, as added by Act 237 of 2000, is amended to read:

    "Section 16-23-730.    (A)    A person who knowingly manufactures, possesses, transports, sells, or distributes, uses or aids, or counsels or conspires with to another in the use of a hoax device or replica of a destructive device or detonator which causes or is capable of causing any a reasonable person reasonably to believe that the hoax device or replica is a destructive device or detonator is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year two years or fined not more than ten thousand dollars, or both.

    (B)    A person who uses, aids, counsels, or conspires with another in the use of a hoax device or replica of a destructive device or detonator, or who communicates or transmits to another person that a hoax device or replica is a destructive device or detonator with the intent to intimidate or threaten injury, to obtain property of another, or to interfere with the ability of another person to conduct or carry on his life, business, trade, education, religious worship, or to interfere with the operations and functions of any government entity is guilty of a felony and, upon conviction, must be imprisoned for not less than two three years nor more than fifteen twenty years."

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