Current Status Introducing Body:
SenateBill Number: 897Ratification Number: 531Act Number: 472Primary Sponsor: ReeseType of Legislation: GBSubject: StalkingDate Bill Passed both Bodies: 19940602Computer Document Number: DKA/3033AL.94Governor's Action: SDate of Governor's Action: 19940714Introduced Date: 19940111Last History Body: ------Last History Date: 19940714Last History Type: Act No. 472Scope of Legislation: StatewideAll Sponsors: ReeseType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 897 ------ 19940714 Act No. 472 897 ------ 19940714 Signed by Governor 897 ------ 19940602 Ratified R 531 897 House 19940602 Read third time, enrolled for ratification 897 House 19940601 Read second time 897 House 19940519 Recalled from Committee 25 897 House 19940209 Introduced, read first time, 25 referred to Committee 897 Senate 19940208 Read third time, sent to House 897 Senate 19940203 Read second time, notice of general amendments 897 Senate 19940202 Committee Report: Favorable 11 897 Senate 19940111 Introduced, read first time, 11 referred to Committee 897 Senate 19931122 Prefiled, referred to 11 CommitteeView additional legislative information at the LPITS web site.
(A472, R531, S897)
AN ACT TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-1070 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"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 who violates the provisions of this section is guilty of the crime of stalking which is a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined 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 which is a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five 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 which is a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten 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 14th day of July, 1994.