H 3316 Session 119 (2011-2012)
H 3316 General Bill, By Funderburk
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3
TO CHAPTER 20, TITLE 37 SO AS TO ENTITLE THE ARTICLE "CALLER IDENTIFICATION
FRAUD", TO CREATE THE OFFENSE OF UNLAWFULLY ALTERING THE IDENTIFICATION OF A
CALLER'S NUMBER OR CALLER IDENTIFICATION SPOOFING, TO DEFINE NECESSARY TERMS,
AND TO PROVIDE A PENALTY; AND TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER
20, TITLE 37 AS ARTICLE 1 ENTITLED "IDENTITY THEFT".
01/13/11 House Introduced and read first time (House Journal-page 219)
01/13/11 House Referred to Committee on Judiciary
(House Journal-page 219)
H. 3316
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 20, TITLE 37 SO AS TO ENTITLE THE ARTICLE "CALLER IDENTIFICATION FRAUD", TO CREATE THE OFFENSE OF UNLAWFULLY ALTERING THE IDENTIFICATION OF A CALLER'S NUMBER OR CALLER IDENTIFICATION SPOOFING, TO DEFINE NECESSARY TERMS, AND TO PROVIDE A PENALTY; AND TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 20, TITLE 37 AS ARTICLE 1 ENTITLED "IDENTITY THEFT".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 20, Title 37 is amended by adding:
" Article 3
Caller Identification Fraud
Section 37-20-310. (A) As used in this article , the term:
(1) 'Caller identification information' means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service;
(2) 'Caller identification service' means a service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service. This term includes automatic number identification services; and
(3) 'IP-enabled voice service' is as defined in 47 C.F.R. 9.3.
Section 37-20-320. (A) It is unlawful for a person, in connection with a telecommunications service, IP-enabled voice service, or through other means, to cause a caller identification service to knowingly transmit misleading or inaccurate caller identification information, also known as caller identification spoofing, with the intent to:
(1) harass, defraud, cause harm, or wrongfully obtain anything of value from another person; or
(2) deceive the recipient of the call regarding the identity of the caller.
(B) A person who violates the provisions of item (A)(1) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years. A person who violates the provisions of item (A)(2) is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year.
Section 37-20-330. The provisions of this article may not be construed to prevent or restrict a person from blocking the capability of a caller identification service to transmit caller identification information."
SECTION 2. Sections 37-20-110 through 37-20-200 of the 1976 Code are redesignated as Article 1, Chapter 20, Title 37 entitled 'Identity Theft'. The Code Commissioner is directed to change references from "chapter" to " article" as appropriate to reflect the redesignated provisions.
SECTION 3. This act takes effect upon approval by the Governor.
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