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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-745 SO AS TO DEFINE "COMMUNICATION DEVICE" AND "COMMUNICATION SYSTEM" AND PROVIDE THAT IT IS UNLAWFUL TO DISABLE, DESTROY, OR INJURE A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, TO PROVIDE THAT IT IS UNLAWFUL TO OBSTRUCT, IMPEDE, OR IMPAIR THE SERVICE OR TRANSMISSION OF A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-745. (A) For purposes of this section:
(1) 'Communication device' means a telegraph, telephone, cell phone, pager, hand-held radio, two-way communication device, pager, beeper, fax machine, computer keyboard, computer, monitor, printer, telephone lines, satellite dish, a sound, light or signal receiver, or transmitting device, cable television equipment, or any other piece of electronic or associated equipment designed or intended to be used to allow one person to communicate with another person.
(2) 'Communication system' means a telegraph system, a telephone system, a cable television system, a satellite dish system, an electric utility system, a computer or electronic mail system, including the Internet or equipment to connect to the Internet, poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances designed or intended to be used to allow one person to communicate with another person, or to send, receive, use, store, or record a message, signal, light, sound, image, or electrical energy.
(B) It is unlawful for a person to interrupt, cut, break, disable, destroy, or in any way injure a communication device, a communication system, or any piece, part, or component of a communication device or system, during the commission of a crime, or to facilitate the commission of a criminal offense.
(C) It is unlawful for a person to obstruct, impede, or impair the service or transmission of a communication device or communication system during the commission of a crime, or to facilitate the commission of a criminal offense.
(D) Except as provided in Section 16-11-740 and subsection (E) of this section, a person who violates a provision of this section during the commission of or to facilitate a crime classified as a misdemeanor is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars, or imprisoned for not more than three years, or both.
(E) A person who violates a provision of this section during the commission of or to facilitate a crime classified as a felony or in which the damage to property protected by this section exceeds five thousand dollars, is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars nor more than twenty-five thousand dollars, or imprisoned for not more than ten years, or both.
(F) In addition to the criminal penalties provided in this section, a sentencing court may order a person convicted of a violation of this section to pay restitution to the owner of the property damaged or destroyed in the amount of the actual damages sustained."
SECTION 2. This act takes effect upon approval by the Governor.
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