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S*330 Session 125 (2023-2024)
S 0330 {Rat #92, Act #76 of 2023} General Bill, By Rankin, Alexander, Verdin and
Garrett
(A76, R92, S330) AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-740, RELATING TO MALICIOUS INJURY TO TELEGRAPH, TELEPHONE, OR ELECTRIC UTILITY SYSTEMS, SO AS TO DEFINE THE TERM "ELECTRIC UTILITY SYSTEM", TO PROVIDE CERTAIN WILFUL AND MALICIOUS ACTS CONSTITUTE VIOLATIONS OF THIS SECTION, TO PROVIDE A TIERED SYSTEM OF PENALTIES FOR CERTAIN VIOLATIONS, TO PROVIDE IT IS UNLAWFUL TO USE FIREARMS OR DESTRUCTIVE DEVICES TO DESTROY OR DAMAGE UTILITY SYSTEMS AND PROVIDE PENALTIES, AND TO PROVIDE REMEDIES TO PERSONS INJURED BY VIOLATIONS OF THIS SECTION. Be it enacted by the General Assembly of the State of South Carolina: Wilful and malicious injury to utilities SECTION 1. Section 16-11-740 of the S.C. Code is amended to read: Section 16-11-740. (A) For purposes of this section only, "electric utility system" means all plants, facilities, assets, and equipment owned, leased, or operated for the generation, transmission, distribution, or storage of electricity, regardless of generation source, and all natural gas facilities, including natural gas pipeline infrastructure. (B)(1) It is unlawful for a person, without the consent of the owner, to wilfully and maliciously: (a) destroy, damage, or in any way injure a telegraph, telephone, electric utility system, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances; (b) obstruct, impede, or impair their services or transmissions; or (c) aid, employ, or conspire with a person to do or cause to be done any of the acts mentioned in this subsection. (2) A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction: (a) if the amount of the damage or loss is less than ten thousand dollars, must be fined in the discretion of the court or imprisoned not more than ten years, or both; (b) if the amount of the damage or loss is ten thousand dollars or more but less than twenty-five thousand dollars, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both; (c) if the amount of the damage or loss is twenty-five thousand dollars or more, must be fined in the discretion of the court or imprisoned not more than twenty years, or both. (3) A person who violates the provisions of this subsection is guilty of a felony if the destruction or damage results in the death or bodily injury of a person, or an imminent danger to the life, health, or safety of a person, and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than twenty-five years, or both. (4) Evidence of the amount of damages or loss shall be calculated to include the cost of the repair or replacement of equipment, buildings, or structures damaged, the estimated lost revenue caused by the destructive acts, and any related damages than can reasonably be associated with the interruption of service to affected, dedicated utility customers. (C)(1) It is unlawful for a person, without consent of the owner, to wilfully and maliciously by means of or use of a firearm or destructive device as defined by Section 16-23-710, to: (a) destroy, damage, or in any way injure: (i) an electric utility system; or (ii) a gasoline, natural gas, or propane utility system, including poles, cables, wires, pipelines, storage containers, fixtures, or other apparatus, equipment, or appliances; or (iii) a telegraph, telephone, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances; (b) obstruct, impede, or impair their services or transmissions; or (c) aid, employ, or conspire with a person to do or cause to be done any of the acts mentioned in subitems (a) and (b). (2) A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years and may be fined in the discretion of the court. (D) Any person whose property or person is injured by reason of a violation of this section shall have a right of action on account of such injury done against the person who committed the violation and any person who acts as an accessory before or after the fact, aids or abets, solicits, conspires, or lends material support to the violation of this section. If damages are assessed in such case the plaintiff shall be entitled to recover damages fixed by the verdict, together with costs, including attorneys' fees and, in the discretion of the court, punitive damages. The rights and remedies provided by this subsection are in addition to any other rights and remedies provided by law. For purposes of this subsection, "damages" includes actual and consequential damages. Savings clause SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Time effective SECTION 3. This act takes effect upon approval by the Governor. Ratified the 14th day of June, 2023. Approved the 19th day of June, 2023.
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