A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-1093 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISSEMINATE PERSONALLY IDENTIFYING INFORMATION ABOUT CERTAIN INDIVIDUALS WITH THE INTENT TO INTIMIDATE, ABUSE, THREATEN, HARASS, OR FRIGHTEN THE INDIVIDUALS, 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:

       (1) "Dissemination" means electronically publishing, posting, or otherwise disclosing information to a public internet site or public forum;

       (2) "Household member" means a person who regularly resides in a household or who within the six months preceding the conduct of an offense contained in this section regularly resided in the household;

       (3) "Immediate family member" means a parent, grandparent, spouse, child, stepchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, sibling, brother-in-law, sister-in-law, or grandchild; and

       (4) "Personally identifying information" means information that identifies or reasonably can be used to identify an individual including, but not limited to:

           (a) Social Security number or other government-issued identifier;

           (b) date of birth;

           (c) home or physical address;

           (d) email address or telephone number;

           (e) financial account number, or credit or debit card number;

           (f) biometric, health, or medical data, or insurance information; or

           (g) school or employment locations.

    (B) A person is guilty of disseminating personally identifying information about an individual when, with the intent to intimidate, abuse, threaten, harass, or frighten an individual who resides in this State, he:

       (1) intentionally disseminates the personally identifying information of the individual or an individual's immediate family member or household member; and

       (2) the dissemination would cause a reasonable individual to be in fear of physical injury to himself, or to an immediate family member or a member of his household.

    (C) This section shall apply to electronic communications originating within or accessible within the State.

    (D) A person who disseminates personally identifying information:

       (1) that results in no physical injury to the victim is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year;

       (2) that results in physical injury to the victim or to a victim's immediate family member or household member, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years;

       (3) that results in great bodily injury to the victim or to the victim's immediate family member or household member is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years; or

       (4) that results in the death of the victim or of the victim's immediate family member or household member is guilty of a felony and, upon conviction, must be imprisoned not more than twenty-five years.

    (E) Nothing in this section shall be construed to impose liability on a broadband internet access service provider, a telecommunications service provider, an interconnected VoIP provider, or a mobile service provider as defined in 47 U.S.C. Section 153, a commercial mobile service provider as defined in 47 U.S.C. Section 332(d), or a cable operator as defined in 47 U.S.C. Section 522, when acting in its capacity as a provider of those services.

 

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

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