Current Status Introducing Body:
HouseBill Number: 4086Ratification Number: 488Act Number: 417Primary Sponsor: RudnickType of Legislation: GBSubject: StalkingDate Bill Passed both Bodies: May 21, 1992Computer Document Number: 436/11882.DWGovernor's Action: SDate of Governor's Action: Jun 01, 1992Introduced Date: Jan 14, 1992Date of Last Amendment: May 14, 1992Last History Body: ------Last History Date: Jun 01, 1992Last History Type: Signed by GovernorScope of Legislation: StatewideAll Sponsors: Rudnick Mattos Whipper Kempe Glover Inabinett Beatty Phillips CorningType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4086 ------ Jun 01, 1992 Act No. 417 4086 ------ Jun 01, 1992 Signed by Governor 4086 ------ May 27, 1992 Ratified R 488 4086 House May 21, 1992 Concurred in Senate amendment, enrolled for ratification 4086 Senate May 19, 1992 Read third time, returned to House with amendment 4086 Senate May 14, 1992 Amended, read second time 4086 Senate May 07, 1992 Committee Report: Favorable 11 with amendment 4086 Senate Apr 14, 1992 Introduced, read first time, 11 referred to Committee 4086 House Apr 09, 1992 Read third time, sent to Senate 4086 House Apr 08, 1992 Amended, read second time 4086 House Mar 26, 1992 Committee Report: Favorable 25 with amendment 4086 House Jan 14, 1992 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
(A417, R488, H4086)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE AN EXEMPTION AND A PENALTY FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions, crime of stalking, created
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1070. (A) For purposes of this section:
(1) `Harasses' means a knowing and wilful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
(2) `Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of `course of conduct'.
(3) `A credible threat' means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his safety. The threat must be against the life of, or a threat to cause great bodily injury to, a person.
(B) It is unlawful for a person to wilfully, maliciously, and repeatedly follow or harass another person and make a credible threat with the intent to place that person in reasonable fear of death or great bodily injury. A person violating this section is guilty of the crime of stalking and, upon conviction, must be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both.
(C) A person who violates subsection (B) when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in subsection (B) against the same party is guilty of stalking and, upon conviction, must be punished by imprisonment for not more than two years or by a fine of not more than one thousand dollars, or both.
(D) A person who is convicted of a second or subsequent offense for a violation of subsection (B) within seven years of a prior conviction under subsection (B) against the same victim and involving an act of violence or `a credible threat' of violence, as defined in item (3) of subsection (A), is guilty of stalking and, upon conviction, must be punished by imprisonment for not more than three years or by a fine of not more than two thousand dollars, or both.
(E) This section does not apply to conduct which occurs during labor picketing."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 1st day of June, 1992.