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Indicates Matter Stricken
Indicates New Matter
AMENDED
June 6, 2001
H. 3891
S. Printed 6/6/01--S.
Read the first time May 23, 2001.
TO AMEND SECTION 20-7-2735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR CAREGIVERS EMPLOYED IN CHILD DAYCARE CENTERS AFTER JUNE 30, 1994, SO AS TO DELETE THE REQUIREMENT THAT THE CAREGIVER MUST HAVE AT LEAST A HIGH SCHOOL DIPLOMA OR GENERAL EDUCATIONAL CERTIFICATE (GED) AND TO DELETE REQUIREMENTS FOR CAREGIVERS EMPLOYED AS OF JULY 1, 1994.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-2735 of the 1976 Code, as added by Act 489 of 1994, is amended to read:
"Section 20-7-2735. (A) A caregiver who begins employment in a licensed or approved child day care daycare center in South Carolina after June 30, 1994, must have at least a high school diploma or General Educational Development Certificate (GED) and at least six months' experience as a caregiver in a licensed or approved child daycare facility. However, a caregiver who is prevented from obtaining a high school diploma or GED because of a disability, and who otherwise is qualified to perform the essential functions of the position of caregiver, must have at least a high school Certificate of Completion and at least six months' experience as a caregiver in a licensed or approved child daycare facility. If a caregiver does not meet the experience requirements, the caregiver must be directly supervised for six months by a staff person with at least one year experience as a caregiver in a licensed or approved child day care daycare facility. Within six months of being employed, a caregiver must have six clock hours of training in child growth and development and early childhood education or shall continue to be under the direct supervision of a caregiver who has at least one year of experience as a caregiver in a licensed or approved child day care daycare facility.
(B) A caregiver who has two years' experience as a caregiver in a licensed or approved facility and is employed as of July 1, 1994, in a licensed or approved child day care daycare center in South Carolina is exempt from the high school diploma and, General Education Development (GED), and Certificate of Completion requirements of subsection (A)."
SECTION 2. Section 16-16-20 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-16-20. (1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to do any of the following:
(a) directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:
( i) devising or executing any scheme or artifice to defraud;
(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
(2) A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim exceeds twenty-five five thousand dollars. Computer crime in the first degree is a felony and, upon conviction, a person must be fined not more than one hundred twenty-five thousand dollars or imprisoned not more than ten years, or both.
(3)(a) A person is guilty of computer crime in the second degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is greater than one thousand dollars but not more than twenty-five five thousand dollars.
(b) A person is also guilty of computer crime in the second degree where:
( i) he interferes with, causes to be interfered with, denies or causes to be denied any computer service to an authorized user of the computer service for the purpose of devising or executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;
(ii) he deprives the owner of possession of, or takes, transfers, conceals, or retains possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or
(iii) the gain derived from the offense made unlawful by subsection (1) or loss suffered by the victim cannot reasonably be ascertained.
(c) Computer crime in the second degree is a misdemeanor and, upon conviction, for a first offense, a person must be fined not more than fifty thousand dollars or imprisoned not more than three years, or both. Upon conviction for a second or subsequent offense, a person is guilty of a felony and must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(4) A person is guilty of computer crime in the third degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is not more than one thousand dollars. A person is also guilty of computer crime in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction, for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two thousand dollars or imprisoned not more than two years, or both."
SECTION 3. Section 16-3-850 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"Section 16-3-850. Any retail or wholesale film processor or photo finisher who is requested to develop film, and any computer technician working with a computer who views an image of a child younger than eighteen years of age or appearing to be younger than eighteen years of age who is engaging in sexual conduct, sexual performance, or a sexually explicit posture shall must report the name and address of the individual requesting the development of the film, or of the owner or person in possession of the computer to law enforcement officials in the state and county or municipality from which the film was originally forwarded. Compliance with this section does not give rise to any civil liability on the part of anyone making the report."
SECTION 4. Section 16-3-1700 of the 1976 Code, as added by Act 94 of 1995, is amended to read:
"Section 16-3-1700. As used in this article:
(A) 'Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual, physical, or verbal, written, or electronic contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;
(3) surveillance of or the maintenance of a presence near the targeted person's:
(a) residence;
(b) place of work;
(c) school; or
(d) another place regularly occupied by the targeted person; and
(4) vandalism and property damage.
Harassment does not include words or conduct that is protected by the constitution of this state or the united states, and does not apply to law enforcement officers or process servers performing their official duties.
(B) 'Stalking' means a pattern of words, or conduct, written, or electronic that 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.
Stalking does not include words or conduct that is protected by the constitution of this state or the united states and does not apply to law enforcement officers or process servers performing their official duties.
(C) 'Aggravated stalking' means stalking accompanied or followed by an act of violence.
(D) 'Pattern' means two or more acts within a ninety-day period.
(E) 'Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person."
SECTION 5. Section 16-14-20 of the 1976 Code, as last amended by Act 7 of 1995, is amended to read:
"Section 16-14-20. A person is guilty of financial transaction card theft when he:
(1) takes, obtains, or withholds a financial transaction card or number from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card or number with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;
(2) receives a financial transaction card or number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;
(3) is not the issuer, and sells a financial transaction card or number or buys a financial transaction card or number from a person other than the issuer;
(4) is not the issuer, and during any twelve-month period, receives financial transaction cards or numbers issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and section 16-14-60(A)(3).
A person who commits financial transaction card or number theft is guilty of a felony and, upon conviction, must be sentenced as provided in Section 16-14-100(B)."
SECTION 6. Section 16-15-250 of the 1976 Code, as amended by Act 184 of 1993, is further amended to read:
"Section 16-15-250. It is unlawful for a person to anonymously write, print, telephone, transmit a digital electronic file, or by other manner or means, except by telephone, communicate, send, or deliver to another person within this state, without that person's consent, any obscene, profane, indecent, vulgar, suggestive, or immoral message.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 7. Section 16-15-305(A) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 16-15-305. (A) it is unlawful for any person knowingly to disseminate obscenity. A person disseminates obscenity within the meaning of this article if he:
(1) sells, delivers, or provides or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, digital electronic file, or other representation or description of the obscene;
(2) presents or directs an obscene play, dance, or other performance, or participates directly in that portion thereof which makes it obscene;
(3) publishes, exhibits, or otherwise makes available anything obscene to any group or individual; or
(4) exhibits, presents, rents, sells, delivers, or provides; or offers or agrees to exhibit, present, rent, or to provide: any motion picture, film, filmstrip, or projection slide, or sound recording, sound tape, or sound track, video tapes and recordings, or any matter or material of whatever form which is a representation, description, performance, or publication of the obscene."
SECTION 8. Section 16-15-315 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"Section 16-15-315. No person shall, as a condition to any sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication, digital electronic file require that the purchaser or consignee receive for resale any other article, book, or publication, or digital electronic file which is obscene within the meaning of section 16-15-305 nor shall any person deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept the articles, books, or publications, or digital electronic files, or by reason of the return thereof. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both."
SECTION 9. Section 16-15-325 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"Section 16-15-325. Any individual who knowingly:
(A) photographs himself or any other individual or animal for purposes of preparing an obscene film, photograph, negative, slide, videotapes, or motion picture, or digital electronic files for the purpose of dissemination; or
(B) models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide, videotapes, or motion picture, or digital electronic files for the purpose of dissemination is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year and fined not more than one thousand dollars."
SECTION 10. Section 16-15-375 of the 1976 Code, as last amended by Act 421 of 1994, is further amended to read:
"Section 16-15-375. The following definitions apply to section 16-15-385, disseminating or exhibiting to minors harmful material or performances; Section 16-15-387, employing a person under the age of eighteen years to appear in a state of sexually explicit nudity in a public place; Section 16-15-395, first degree sexual exploitation of a minor; Section 16-15-405, second degree sexual exploitation of a minor; Section 16-15-410, third degree sexual exploitation of a minor; Section 16-15-415, promoting prostitution of a minor; and Section 16-15-425, participating in prostitution of a minor.
(1) 'Harmful to minors' means that quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:
(a) the average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and
(b) the average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and
(c) to a reasonable person, the material or performance taken as a whole lacks serious literary, artistic, political, or scientific value for minors.
(2) 'Material' means pictures, drawings, video recordings, films, digital electronic files, or other visual depictions or representations but not material consisting entirely of written words.
(3) 'Minor' means an individual who is less than eighteen years old.
(4) 'Prostitution' means engaging or offering to engage in sexual activity with or for another in exchange for anything of value.
(5) 'Sexual activity' includes any of the following acts or simulations thereof:
(a) masturbation, whether done alone or with another human or animal;
(b) vaginal, anal, or oral intercourse, whether done with another human or an animal;
(c) touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female;
(d) an act or condition that depicts bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;
(e) excretory functions;
(f) the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.
(6) 'sexually explicit nudity' means the showing of:
(a) uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast; or
(b) covered human male genitals in a discernably discernibly turgid state."
SECTION 11. Section 16-15-395 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"Section 16-15-395. (A) An individual commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he:
(1) uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity;
(2) permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity;
(3) transports or finances the transportation of a minor through or across this state with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or
(4) records, photographs, films, develops, or duplicates, produces, or creates a digital electronic file for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.
(B) In a prosecution under this section, the trier of fact may infer that a participant in a sexual activity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.
(C) Mistake of age is not a defense to a prosecution under this section.
(D) an individual A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not less than three years nor more than ten years. No part of the minimum sentence of imprisonment may be suspended nor is the individual convicted eligible for parole until he has served the minimum term of imprisonment. Sentences imposed pursuant to this section shall run consecutively with and commence at the expiration of any other sentence being served by the person sentenced."
SECTION 12. Section 16-15-405 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-15-405. (A) An individual commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he:
(1) records, photographs, films, develops, or duplicates produces, or creates digital electronic file material that contains a visual representation of a minor engaged in sexual activity; or
(2) distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.
(B) In a prosecution under this section, the trier of fact may infer that a participant in sexual activity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.
(C) Mistake of age is not a defense to a prosecution under this section.
(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than five years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence."
SECTION 13. Section 16-17-430 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-17-430. (A) It is unlawful for a person to:
(1) use in a telephonic communication or any other electronic means, any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to threaten in a telephonic communication any unlawful act with the intent to coerce, intimidate, or harass another person, or to communicate or convey by telephone telephonic or other electronic means an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person;
(2) threaten in a telephonic communication or any other electronic means an unlawful act with the intent to coerce, intimidate, or harass another person;
(2)(3) telephone or electronically contact another repeatedly, whether or not conversation ensues, for the purpose of annoying or harassing another person or his family;
(3)(4) make a telephone call and intentionally fail to hang up or disengage the connection for the purpose of interfering with the telephone service of another;
(4)(5) telephone or contact by electronic means another and make false statements concerning either the death or injury of a member of the family of the person who is telephoned or electronically contacted, with the intent to annoy, frighten, or terrify that person; or
(5)(6) knowingly permit a telephone under his control to be used for any purpose prohibited by this section.
(B)(1) A person who violates items (1), (2), (3), or (4)(5) of subsection (A) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years.
(2) A person who violates items (1), (3) (4), or (5)(6) of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."
SECTION 14. Section 16-17-470 of the 1976 Code, as last amended by Act 363, of 2000, is further amended to read:
"Section 16-17-470. (A) It is unlawful for a person to be an eavesdropper or a peeping tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a peeping tom. The term 'peeping tom', as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term 'peeping tom' also includes any person who employs the use of video or audio equipment for the purposes set forth in this section. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both.
(B) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, audio records, video records, produces, or creates a digital electronic file, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this subsection:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both; or
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than five years, or both.
(C) A person commits the crime of aggravated voyeurism if he or she knowingly sells or distributes any photograph, audio recording, video recording, digital electronic file, or film of another person taken or made in violation of this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars, or more than five thousand dollars or imprisoned not more than ten years, or both.
(D) As used in this section:
(1) 'Place where a person would have a reasonable expectation of privacy' means:
(a) a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed, or videotaped by another; or
(b) a place where one would reasonably expect to be safe from hostile intrusion or surveillance.
(2) 'Surveillance' means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.
(3) 'View' means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(E) The provisions of subsection (A) do not apply to:
(1) viewing, photographing, videotaping, or filming by personnel of the department of corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the department of corrections or a county, municipal, or local jail or detention center or correctional facility;
(2) security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments;
(3) any official law enforcement activities conducted pursuant to section 16-17-480;
(4) private detectives and investigators conducting surveillance in the ordinary course of business; or
(5) any bona fide news gathering activities.
(F) In addition to any other punishment prescribed by this section or other provision of law, a person procuring photographs, audio recordings, video recordings, digital electronic files, or films in violation of this section shall immediately forfeit all items. These items must be destroyed when no longer required for evidentiary purposes."
SECTION 15. Section 16-17-640 of the 1976 Code is amended to read:
"Section 16-17-640. Any person who verbally or by printing or writing, or by electronic communications:
(1) Accuses another of a crime or offense;
(2) Exposes or publishes any of another's personal or business acts, infirmities, or failings; or
(3) Compels any person to do any act, or to refrain from doing any lawful act, against his will;
With intent to extort money or any other thing of value from any person, or attempts or threatens to do any of such acts, with the intent to extort money or any other thing of value, shall be guilty of blackmail, and upon conviction shall be fined not more than five thousand dollars or imprisoned for not more than ten years, or both, in the discretion of the court."
SECTION 16. Section 20-7-510(A) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or christian science practitioner, religious healer, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, or persons responsible for processing of films, computer technician, or any judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect."
SECTION 17. This act takes effect upon approval by the Governor.
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