Post by Cassie on Mar 19, 2008 18:43:29 GMT -5
Definitions
S.C. Code Ann. § 16-3-1700. Definitions. 1995. Amended 2005.
As used in this article:
(A) 'Harassment in the first degree means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. Harassment in the first degree may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual or physical contact that is initiated, maintained, or repeated after a person has been provided oral or written notice that the contact is unwanted or after the victim has filed an incident report with a law enforcement agency;
(3) the contact is unwanted or after the victim has filed an incident report with a law enforcement agency;
(a) residence;
(b) place of work;
(c) place of work;
(d) another place regularly occupied or visited by the targeted person; and
(4) vandalism and property damage.
(B) Harassment in the second degree' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. Harassment in the second degree may include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.
(C) 'Stalking' means a pattern of words, whether verbal, written, or electronic, or a pattern of conduct that serves no legitimate purpose and is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of his family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
(D) 'Pattern' means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose.
(E) 'Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person.
(F) 'Electronic contact' means any transfer of signs, signals, writings, images, sounds, data, intelligence, or information of any nature transmitted in whole or in part by any device, system, or mechanism, including, but not limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.
(G) This section does not apply to words or conduct protected by the constitution of this state or the united states, a law enforcement officer or a process server performing official duties, or a licensed private investigator performing services or an investigation as described in detail in a contract signed by the client and the private investigator pursuant to Section 40-18-70.
Penalties
S.C. Code Ann. § 16-3-1710. Penalties upon conviction for harassment in the second degree. Amended 2005.
(A) Except as provided in Subsection (B), a person who engages in harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both.
(B) A person convicted of harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both if:
(1) the person has a prior conviction of harassment or stalking within the preceding ten years; or
(2) at the time of the harassment an injunction or restraining order was in effect prohibiting the harassment.
(C) In addition to the penalties provided in this section, a person convicted of harassment in the second degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both.
S.C. Code Ann. § 16-3-1720. Penalties upon conviction for harassment in the first degree. Amended 2005.
(A) Except as provided in Subsections (B) and (C), a person who engages in harassment in the first degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than three years, or both.
(B) A person who engages in harassment in the first degree when an injunction or restraining order is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than three years, or both.
(C) A person who engages in harassment in the first degree and who has a prior conviction of harassment or stalking within the preceding ten years 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.
(D) In addition to the penalties provided in this section, a person convicted of harassment in the first degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both.
S.C. Code Ann. § 16-3-1730. Penalties upon conviction for stalking. Amended 2005.
(A) A person who engages in stalking 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.
(B) A person who engages in stalking when an injunction or restraining order is in effect prohibiting this conduct is guilty of a felony and, upon conviction, must be fined not more than seven thousand dollars, imprisoned not more than ten years, or both.
(C) A person who engages in stalking and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, imprisoned not more than fifteen years, or both.
(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4, Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense pursuant to this Section must be fined one thousand dollars or imprisoned one year, or both.
Other Remedies
S.C. Code Ann. § 16-3-1830. Availability of other civil and criminal remedies. Amended 2005.
A proceeding commenced pursuant to this article is in addition to other civil and criminal remedies.
Exemption
S.C. Code Ann. § 16-3-1705. 2005.
(A) An electronic mail service provider must not be charged with or have a penalty assessed based upon a violation of this article or have a cause of action filed against it based on the electronic mail service provider's:
(1) being an intermediary between the sender and recipient in the transmission of an electronic contact that violates this article; or
(2) providing transmission of an electronic contact over the provider's computer network or facilities that violates this article.
(B) For purposes of this article, 'electronic mail service provider' means a person or entity which:
(1) is an intermediary in sending or receiving electronic mail; and
(2) provides to users of electronic mail services the ability to send or receive electronic mail.
S.C. Code Ann. § 16-3-1700. Definitions. 1995. Amended 2005.
As used in this article:
(A) 'Harassment in the first degree means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. Harassment in the first degree may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual or physical contact that is initiated, maintained, or repeated after a person has been provided oral or written notice that the contact is unwanted or after the victim has filed an incident report with a law enforcement agency;
(3) the contact is unwanted or after the victim has filed an incident report with a law enforcement agency;
(a) residence;
(b) place of work;
(c) place of work;
(d) another place regularly occupied or visited by the targeted person; and
(4) vandalism and property damage.
(B) Harassment in the second degree' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. Harassment in the second degree may include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.
(C) 'Stalking' means a pattern of words, whether verbal, written, or electronic, or a pattern of conduct that serves no legitimate purpose and is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of his family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
(D) 'Pattern' means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose.
(E) 'Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person.
(F) 'Electronic contact' means any transfer of signs, signals, writings, images, sounds, data, intelligence, or information of any nature transmitted in whole or in part by any device, system, or mechanism, including, but not limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.
(G) This section does not apply to words or conduct protected by the constitution of this state or the united states, a law enforcement officer or a process server performing official duties, or a licensed private investigator performing services or an investigation as described in detail in a contract signed by the client and the private investigator pursuant to Section 40-18-70.
Penalties
S.C. Code Ann. § 16-3-1710. Penalties upon conviction for harassment in the second degree. Amended 2005.
(A) Except as provided in Subsection (B), a person who engages in harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both.
(B) A person convicted of harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both if:
(1) the person has a prior conviction of harassment or stalking within the preceding ten years; or
(2) at the time of the harassment an injunction or restraining order was in effect prohibiting the harassment.
(C) In addition to the penalties provided in this section, a person convicted of harassment in the second degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both.
S.C. Code Ann. § 16-3-1720. Penalties upon conviction for harassment in the first degree. Amended 2005.
(A) Except as provided in Subsections (B) and (C), a person who engages in harassment in the first degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than three years, or both.
(B) A person who engages in harassment in the first degree when an injunction or restraining order is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than three years, or both.
(C) A person who engages in harassment in the first degree and who has a prior conviction of harassment or stalking within the preceding ten years 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.
(D) In addition to the penalties provided in this section, a person convicted of harassment in the first degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both.
S.C. Code Ann. § 16-3-1730. Penalties upon conviction for stalking. Amended 2005.
(A) A person who engages in stalking 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.
(B) A person who engages in stalking when an injunction or restraining order is in effect prohibiting this conduct is guilty of a felony and, upon conviction, must be fined not more than seven thousand dollars, imprisoned not more than ten years, or both.
(C) A person who engages in stalking and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, imprisoned not more than fifteen years, or both.
(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4, Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense pursuant to this Section must be fined one thousand dollars or imprisoned one year, or both.
Other Remedies
S.C. Code Ann. § 16-3-1830. Availability of other civil and criminal remedies. Amended 2005.
A proceeding commenced pursuant to this article is in addition to other civil and criminal remedies.
Exemption
S.C. Code Ann. § 16-3-1705. 2005.
(A) An electronic mail service provider must not be charged with or have a penalty assessed based upon a violation of this article or have a cause of action filed against it based on the electronic mail service provider's:
(1) being an intermediary between the sender and recipient in the transmission of an electronic contact that violates this article; or
(2) providing transmission of an electronic contact over the provider's computer network or facilities that violates this article.
(B) For purposes of this article, 'electronic mail service provider' means a person or entity which:
(1) is an intermediary in sending or receiving electronic mail; and
(2) provides to users of electronic mail services the ability to send or receive electronic mail.