South Carolina General Assembly
110th Session, 1993-1994

Bill 897

                    Current Status
Introducing Body:               Senate
Bill Number:                    897
Ratification Number:            531
Act Number:                     472
Primary Sponsor:                Reese
Type of Legislation:            GB
Subject:                        Stalking
Date Bill Passed both Bodies:   19940602
Computer Document Number:       DKA/3033AL.94
Governor's Action:              S
Date of Governor's Action:      19940714
Introduced Date:                19940111
Last History Body:              ------
Last History Date:              19940714
Last History Type:              Act No. 472
Scope of Legislation:           Statewide
All Sponsors:                   Reese
Type 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
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
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A472, R531, S897)


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

Penalties increased

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."

Time effective

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

Approved the 14th day of July, 1994.