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Current Status Bill Number:View additional legislative information at the LPITS web site.98 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010110 Primary Sponsor:Wilson All Sponsors:Wilson, Reese, Rankin, Branton Drafted Document Number:l:\council\bills\dka\4042mm01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Harassment, stalking; definitions exclude acts of private detectives when; Crimes and Offenses, Law Enforcement History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010110 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "HARASSMENT" AND TO EXCLUDE FROM "HARASSMENT" AND "STALKING" THE ACTS OF REGISTERED PRIVATE DETECTIVES PERFORMING THEIR OFFICIAL DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-1700(A) and (B) of the 1976 Code, as added by Act 94 of 1995, is amended to read:
"(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 contact that is initiated, maintained, or repeated after a the person initiating, maintaining, or repeating the contact 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, registered private detectives pursuant to Chapter 17 of Title 40, or process servers performing their official duties.
(B) 'Stalking' means a pattern of words or conduct 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 of 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, registered private detectives pursuant to Chapter 17 of Title 40, or process servers performing their official duties."
SECTION 2. This act takes effect upon approval by the Governor.
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