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COMMITTEE REPORT
March 28, 2001
S. 253
S. Printed 3/28/01--S.
Read the first time January 31, 2001.
To whom was referred a Bill (S. 253) to amend Section 16-16-20, as amended, Code of Laws of South Carolina, 1976, relating to computer crime offenses and penalties, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
LARRY A. MARTIN for Committee.
EXPLANATION OF IMPACT:
Department of Corrections
The department forecasts a minimal fiscal impact to the General Fund of the State with the passage of the proposed legislation. The department acknowledges that lowering the financial threshold in defining first degree computer crimes may increase the time to serve of affected offenders and/or increase admissions to Corrections. However, the department does not anticipate a significant population increase. According to the department, one offender convicted of computer crimes was admitted during FY 2000.
Department of Probation, Parole & Pardon
The department forecasts no fiscal impact to the General Fund of the State nor on federal and/or other funds with the passage of the proposed legislation.
Judicial Department
The department has indicated that there would be no impact to the General Fund of the State nor on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 16-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME OFFENSES AND PENALTIES, SO AS TO CHANGE THE AMOUNT OF THE GAIN OR LOSS RESULTING FROM A COMPUTER CRIME FROM IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS TO IN EXCESS OF FIVE THOUSAND DOLLARS IN ORDER FOR THE CRIME TO BE IN THE FIRST DEGREE, AND TO CHANGE THE AMOUNT OF THE GAIN OR LOSS RESULTING FROM A COMPUTER CRIME BELOW WHICH THE OFFENSE IS COMPUTER CRIME IN THE SECOND DEGREE FROM NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS TO NOT MORE THAN FIVE THOUSAND DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-16-20 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-16-20. (1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to do any of the following:
(a) directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:
(i) devising or executing any scheme or artifice to defraud;
(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
(2) A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim exceeds twenty-five five thousand dollars. Computer crime in the first degree is a felony and, upon conviction, a person must be fined not more than one hundred twenty-five thousand dollars or imprisoned not more than ten years, or both.
(3)(a) A person is guilty of computer crime in the second degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is greater than one thousand dollars but not more than twenty-five five thousand dollars.
(b) A person is also guilty of computer crime in the second degree where:
(i) he interferes with, causes to be interfered with, denies or causes to be denied any computer service to an authorized user of the computer service for the purpose of devising or executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;
(ii) he deprives the owner of possession of, or takes, transfers, conceals, or retains possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or
(iii) the gain derived from the offense made unlawful by subsection (1) or loss suffered by the victim cannot reasonably be ascertained.
(c) Computer crime in the second degree is a misdemeanor and, upon conviction, for a first offense, a person must be fined not more than fifty thousand dollars or imprisoned not more than three years, or both. Upon conviction for a second or subsequent offense, a person is guilty of a felony and must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(4) A person is guilty of computer crime in the third degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is not more than one thousand dollars. A person is also guilty of computer crime in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction, for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two thousand dollars or imprisoned not more than two years, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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