A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-740, RELATING TO MALICIOUS INJURY TO TELEGRAPH, TELEPHONE, OR ELECTRIC UTILITY SYSTEM, SO AS TO add tiered PENALTIES FOR DAMAGE TO A UTILITY SYSTEM.

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

SECTION 1.   Section 16-11-740 of the S.C. Code is amended to read:

   Section 16-11-740.   (A) It is unlawful for a person, without the consent of the owner, to wilfully:

   (1) destroy, damage, or in any way injure a telegraph, telephone, electric utility system, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances;

   (2) obstruct, impede, or impair their services or transmissions or;

   (3) aid, agree with, employ, or conspire with a person to do or cause to be done any of the acts mentioned in this section.

   (B) A person who violates the provisions of this section is guilty of a felony and, upon conviction,:      (1) must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the amount of the damage or loss is less than ten thousand dollars;

      (2) must be fined in the discretion of the court or imprisoned not more than fifteen years, or both, if the amount of the damage or loss is ten thousand dollars or more but less than twenty-five thousand dollars;

      (3) must be fined in the discretion of the court or imprisoned not more than twenty years, or both, if the amount of the damage or loss is twenty-five thousand dollars or more; or

      (4) must be fined in the discretion of the court or imprisoned for not more than twenty-five years if the destruction or damage results in the death or bodily injury of a person, or an imminent danger to the life, health, or safety of a person.

   (C) Evidence of the amount of damages or loss shall be calculated to include the cost of the repair or replacement of equipment, buildings, or structures damaged, the estimated lost revenue caused by the destructive acts, and any related damages that can reasonably be associated with the interruption of service to affected, dedicated utility customers.

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

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