A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-1093 SO AS TO CREATE DOXING AS A CRIMINAL OFFENSE AND TO PROVIDE PENALTIES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 11, Chapter 3, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-3-1093. (A) For the purposes of this section, the following terms have the following meanings:

       (1) "Firefighter" means any person, paid or unpaid, who engages in rescue, fire suppression, or related activities, under the supervision of a fire chief or fire department in this State or who is employed by the South Carolina Forestry Commission, State Fire Marshall, or a forestry district for the purpose of fire protection.

       (2) "Governmental function" means the provision of essential daily services that include law enforcement, fire, sanitation, water, and parks, while also managing land use, issuing permits, and promoting economic development within the governmental entity's jurisdiction. Key functions also include running public utilities, maintaining roads, enforcing local ordinances, and operating public facilities such as libraries and schools, all with the goal of meeting local needs and improving the quality of life for residents.

       (3) "Law enforcement officer" means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.

       (4) "Personal identifying information" includes, but is not limited to:

           (a) home address;

           (b) photographs or information of a victim's children, including the schools he attends; or

           (c) any other information that would enable a victim to be harassed, threatened, or harmed.

       (5) "Public servant" means a government official or employee.

    (B) It is unlawful to:

       (1) intentionally electronically publish, post, or provide personal identifying information of an individual, with the intent that other persons will use that information to harass or harm the individual, and the individual is actually harassed or harmed; or

       (2) intentionally electronically publish, post, or provide personal identifying information of a law enforcement officer, firefighter, or public servant, with the intent that other persons will use that information to harass, harm, or impede the duties of the law enforcement officer, firefighter, or public servant, and the law enforcement officer, firefighter, or public servant is actually harassed, harmed, or impeded from performing his governmental function.

    (C) A person convicted of a provision contained in subsection (B):

       (1) for a first offense, is guilty of the misdemeanor crime of doxing and must be imprisoned not more than three years; or

       (2) for a second or subsequent offense, is guilty of the felony crime of doxing and must be imprisoned not more than twenty years.

    (D) Nothing in this section shall be construed to limit:

       (1) political speech protected by the First Amendment of the United States Constitution; or

       (2) the publication of contact information of public officials by any individual or organization for the purpose of encouraging citizens to lobby public officials for or against any policy or legislative act. For purposes of this subsection, "contact information" means an official address, email, or telephone number used by the public official for his public service.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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