A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-3-555, RELATING TO INTERNET REPORTING REQUIREMENTS AND PENALTIES, INFORMATION PROVIDED TO INTERACTIVE COMPUTER SERVICES, AND JUDICIAL LIMITATIONS ON INTERNET USE, SO AS TO REQUIRE, AS A CONDITION OF PROBATION OR PAROLE, A PERSON WHO IS CONVICTED OF A CRIME THAT IS REGISTERED ON THE SEX OFFENDER REGISTRY TO USE HIS NAME AS IT APPEARS ON THE REGISTRY WHEN HE IS USING THE INTERNET TO ACCESS SOCIAL NETWORKING WEBSITES, COMMUNICATE WITH OTHER PERSONS OR GROUPS FOR THE PURPOSE OF PROMOTING SEXUAL RELATIONS, OR WHEN USING DATING APPLICATIONS.

 

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

 

SECTION 1.  Section 23-3-555(D) of the S.C. Code is amended to read:

 

    (D)(1) If a person commits a sexual offense in which the victim is under the age of eighteen at the time of the offense or the person reasonably believes is under the age of eighteen at the time of the offense, and the offender is required to register with the sex offender registry for the offense, then, upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere, the judge must order as a condition of probation or parole that the person is prohibited from using the Internet to access social networking websites, communicate with other persons or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and communicate with a person under the age of eighteen when the person is over the age of eighteen. The judge may permit a person to use the Internet to communicate with a person under the age of eighteen when such a person is the parent or guardian of a child under the age of eighteen, or the grandparent of a grandchild under the age of eighteen, and the person is not otherwise prohibited from communicating with the child or grandchild.     (2) If a person commits a sexual offense and the offender is required to register with the sex offender registry for the offense, then upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere, the judge must order as a condition of probation or parole that the person must use his name as it appears on the sex offender registry when using the internet to access social networking websites, communicate with other persons or groups for the purpose of promoting sexual relations, or when using dating applications.

    (E)(1) A person who violates section (D)(1) and is convicted for a first offense is guilty of a misdemeanor and may be fined not more than two thousand five hundred dollars or imprisoned for not more than three years or both. A person convicted of a second and subsequent offense is guilty of a felony and may be fined not more than five thousand dollars or imprisoned for not more than five years or both.

       (2) A person who violates subsection (D)(2) and is convicted for a first offense is guilty of a misdemeanor and may be fined not more than one thousand dollars or imprisoned for not more than one year or both. A person convicted of a second and subsequent offense is guilty of a misdemeanor and may be fined not more than two thousand five hundred dollars or imprisoned for not more than three years or both.

 

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

 

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