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Bill Number: 2259 Ratification Number: 140 Act Number 101 Introducing Body: House Subject: As to make it unlawful to intentionally deliver or place a device which is constructed to represent or is presented as an explosive, incendiary, or a bomb with the intent to terrorize
(A101, R140, H2259)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-555 SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY DELIVER OR PLACE A DEVICE WHICH IS CONSTRUCTED TO REPRESENT OR IS PRESENTED AS AN EXPLOSIVE, INCENDIARY, OR A BOMB WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, OR TO AID OR CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Use of fake bomb unlawful
SECTION 1. The 1976 Code is amended by adding:
"Section 16-11-555. (A) Whoever intentionally delivers or places a device which is constructed to represent or is presented as an explosive, an incendiary, or a bomb, with the intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy any other person, or aids, agrees with, employs, or conspires with, any other person to do or cause to be done any of the acts mentioned above is guilty of a misdemeanor, and, upon conviction, must be punished by a fine of not less than two thousand dollars or imprisoned for a term of not more than two years, or both.
(B) For the purposes of this section, the terms 'explosive', 'incendiary', and 'bomb' mean (1) dynamite and all other forms of high explosives, (2) any explosive bomb, grenade, missile, or similar device, and (3) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (a) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (b) can be carried or thrown by one individual acting alone.
(C) For purposes of this section, the terms 'explosive', 'incendiary', and 'bomb' do not include any fireworks and explosives which are permitted to be sold, possessed, or used under Chapter 35 of Title 23."
SECTION 2. This act takes effect upon approval by the Governor.