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Bill Number: 98 Ratification Number: 81 Act Number 50 Introducing Body: Senate Subject: Illegal use of stink bombs, tear-gas bombs, and similar devices
(A50, R81, S98)
AN ACT TO AMEND SECTION 16-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILLEGAL USE OF STINK BOMBS, TEAR-GAS BOMBS, AND SIMILAR DEVICES, SO AS TO ADD SMOKE BOMBS AND SIMILAR DEVICES; TO PROVIDE THAT THE USE OF SUCH A DEVICE WHICH MAY INFLICT INJURY OR CAUSE FEAR SUFFICIENT TO INCITE A RIOT OR CONDITIONS OF PANIC IS UNLAWFUL; TO ADD STADIUMS AND ARENAS AND SIMILAR STRUCTURES AS LOCATIONS WHERE THE USE OF THE DEVICES ARE UNLAWFUL; TO PROVIDE THAT USE OF THE DEVICES IN CLOSE PROXIMITY TO LISTED STRUCTURES IS UNLAWFUL; TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR AND A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN THREE YEARS OR A FINE OF NOT MORE THAN THREE THOUSAND DOLLARS, OR BOTH; TO PROVIDE THAT WHEN A VIOLATION CAUSES SOMEONE BODILY HARM THE PENALTY MUST BE IMPRISONMENT FOR NOT MORE THAN TEN YEARS OR BY A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR BOTH; AND TO PROVIDE THAT THE COURT MAY ORDER ALL OR A PORTION OF A FINE TO BE PAID TO PERSONS INJURED AS A RESULT OF THE VIOLATION TO RECOVER NECESSARY MEDICAL EXPENSES.
Be it enacted by the General Assembly of the State of South Carolina:
Illegal use of stink bombs, smoke bombs, or similar devices; penalties
SECTION 1. Section 16-7-160 of the 1976 Code is amended to read:
"Section 16-7-160. It is unlawful for any person, other than a peace officer engaged in the discharge of his duty, to place or throw a stink bomb, tear-gas bomb, smoke bomb, or similar device which contains foul or offensive odors, may inflict injury, or cause fear sufficient to incite a riot or conditions of panic in or in close proximity to any public building, storehouse, theatre, stadium, arena, motion picture theatre, private residence, boardinghouse, or other building or other structure where people lodge, congregate, or reside. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment for not more than three years or by a fine of not more than three thousand dollars, or both; provided, where the violation causes serious bodily harm or injury, the punishment must be imprisonment for not more than ten years or a fine of not more than ten thousand dollars, or both. The court may order all or a portion of a fine to be paid to persons injured as a result of the violation to recover necessary medical expenses."
SECTION 2. This act takes effect upon approval by the Governor.