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Current Status Bill Number:View additional legislative information at the LPITS web site.429 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010308 Primary Sponsor:Elliott All Sponsors:Elliott, Leventis, Setzler Drafted Document Number:l:\council\bills\swb\5209djc01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:20010426 Subject:Harass, stalk; unlawful by electronic communication or mail; cyberstalking; Crimes and Offenses, Computers, Internet History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010501 Introduced, read first time, 25 HJ referred to Committee Senate 20010427 Read third time, sent to House Senate 20010426 Read second time, unanimous consent for third reading on Friday, 20010427 Senate 20010426 Committee amendment adopted Senate 20010426 Co-Sponsor added by Senator Leventis Setzler Senate 20010425 Committee report: Favorable with 11 SJ amendment Senate 20010308 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 25, 2001 - Word format Revised on April 26, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 26, 2001
S. 429
S. Printed 4/26/01--S.
Read the first time March 8, 2001.
TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO DEFINE "CYBERSTALKING", "ELECTRONIC COMMUNICATION", AND "ELECTRONIC MAIL"; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1725, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN CYBERSTALKING OR TO UNLAWFULLY HARASS OR STALK ANOTHER PERSON BY ELECTRONIC COMMUNICATION OR ELECTRONIC MAIL AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-1700 of the 1976 Code is amended to read:
"Section 16-3-1700. As used in this article:
(A) 'Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual, physical, or verbal contact, or written or electronic communication that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;
(3) surveillance of or the maintenance of a presence near the targeted person's:
(a) residence;
(b) place of work;
(c) school; or
(d) another place regularly occupied by the targeted person; and
(4) vandalism and property damage.; and
(5) cyberstalking and contact by electronic communication or electronic mail that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted.
Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(B) 'Stalking' means a pattern of words or conduct that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of his family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
Stalking includes harassment as defined in subsection (A) but does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(C) 'Cyberstalking' is the use of an electronic communication or electronic mail to unlawfully harass or stalk another person within the meaning of this section.
(D) 'Electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.
(E) 'Electronic mail' means the transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.
Cyberstalking does not include peaceable, nonviolent, or non-threatening activity intended to express political views or to lawfully provide information to others. This section does not apply to law enforcement officers when acting within the course and scope of their official duties and must not be construed to impair any constitutionally protected activity including speech, protest, or assembly.
(C)(F) 'Aggravated stalking' means stalking or cyberstalking accompanied or followed by an act of violence.
(D)(G) 'Pattern' means two or more acts within a ninety-day period.
(E)(H) 'Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person."
SECTION 2. Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1725. (A) It is unlawful for a person to:
(1) engage in cyberstalking;
(2) unlawfully harass or stalk another person by electronic mail or electronic communication;
(3) use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or any other thing of value from any person;
(4) electronically mail or electronically communicate to another repeatedly whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person;
(5) electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass; or
(6) knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.
(B) The offense of cyberstalking and any other offense in violation of this section that is committed by the use of electronic mail or electronic communication is committed where the electronic mail or electronic communication was originally sent, originally received in this State, or first viewed by any person in this State.
(C) A person who engages in cyberstalking another person or who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than three years, or both.
(D) A person who engages in cyberstalking another person or who violates the provisions of this section when an injunction or restraining order is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than three years, or both.
(E) A person who engages in cyberstalking another person or who violates the provisions of this section and who has a prior conviction of harassing, stalking, or cyberstalking a person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.
(F) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both.
(G) This section does not apply to any peaceable, nonviolent, or non-threatening activity intended to express political views or to lawfully provide information to others. This section does not apply to law enforcement officers when acting within the course and scope of their official duties and must not be construed to impair any constitutionally protected activity, including speech, protest, or assembly."
SECTION 3. This act takes effect upon approval by the Governor.
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