A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-1732 SO AS TO PROHIBIT THE DOXING OF A MINOR, TO PROVIDE PENALTIES FOR DOXING A MINOR, AND TO PROVIDE RELEVANT DEFINITIONS.

 

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

 

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

 

    Section 16-3-1732. (A) As used in this section:

       (1) "Close relation" means a current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent, or grandparent of a person; a person who regularly resides or within the prior six months resided in the same household as that person; a person with a significant personal or professional relationship with that person; or a pet of that person or of that person's household or family.

       (2) "Disclosure" means the dissemination, distribution, circulation, sharing, posting, publishing, transmittal, or release of information through electronic or other means.

       (3) "Doxing of a minor" means the intentional, knowing, or reckless disclosure by a person of personal identifying information of a minor, when the person making the disclosure consciously disregards a substantial risk that the disclosure will cause, and in fact the disclosure either directly or indirectly causes:

           (a) a course of conduct directed at or concerning the minor or a close relation of the minor that constitutes stalking or harassment pursuant to this article;

           (b) physical harm to the minor or a close relation of the minor;

           (c) serious damage to the property of the minor or a close relation of the minor; or

           (d) the minor or a close relation of the minor to reasonably fear for the minor's physical safety or to reasonably fear for the physical safety of a close relation of the minor.

       (4) "Personal identifying information" means:

           (a) any of the following that the minor has not made public and has not authorized another person to make readily apparent to the general public:

               (i) biometric data;

               (ii) home address, personal email address, or personal telephone number;

               (iii) employer's name, address, or telephone number; address of employer's website; the minor's work e-mail address; or the minor's work telephone number;

               (iv) school name, address, or telephone number; address of the school's website; or the minor's school email address;

               (v) social security number, passport number, driver's license number, or state-issued identification card number;

               (vi) credit or debit card number;

               (vii) citizenship status;

               (viii) medical, financial, educational, consumer, or employment information or records; or

               (ix) a photograph or video recording that was not taken or recorded in a public place and that has not previously been made available to the general public; or

           (b) a photograph or likeness of a minor, including a photograph that was taken in a public place or that has previously been made available to the general public but contained none of the minor's personally identifiable information, in combination with:

               (i) the minor's legal name, prior name, alias, or date or place of birth;

               (ii) information about the minor's relationship to a close relation; or

               (iii) any item of information concerning the minor;

           (c) a video recording of a minor, including a video recording that was recorded in a public place or that has previously been made available to the general public but contained none of the minor's personally identifiable information, in combination with:

               (i) the minor's legal name, prior name, alias, or date or place of birth;

               (ii) information about the minor's relationship to a close relation; or

               (iii) any item of information concerning the minor.

    (B) A person who engages in the doxing of a minor 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.

    (C) A minor may bring a civil action against a person who violates this section for injunctive relief, actual damages, compensatory damages, punitive damages, any combination of those remedies, or any other appropriate relief. A plaintiff who prevails in a civil action under this section is entitled to an award of attorney's fees and costs.

 

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

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