H 3686 Session 119 (2011-2012)
H 3686 General Bill, By Young, J.R. Smith, Taylor, Clyburn, Hixon and Hosey
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
AND SOCIAL MEDIA FRAUD", TO CREATE THE OFFENSE OF UNLAWFULLY ALTERING THE
IDENTIFICATION OF A CALLER'S NUMBER OR SOCIAL MEDIA IDENTITY, 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".
02/15/11 House Introduced and read first time (House Journal-page 13)
02/15/11 House Referred to Committee on Judiciary
(House Journal-page 13)
02/24/11 Scrivener's error corrected
H. 3686
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 AND SOCIAL MEDIA FRAUD", TO CREATE THE OFFENSE OF UNLAWFULLY ALTERING THE IDENTIFICATION OF A CALLER'S NUMBER OR SOCIAL MEDIA IDENTITY, 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 of the 1976 Code is amended by adding:
" Article 3
Caller Identification and Social Media 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.
(3) 'IP-enabled voice service' is as defined in 47 C.F.R. 9.3.
(4) 'Social media service' means a category of Internet sites based on user participation and user-generated content centered on user interaction.
Section 37-20-320. (A) It is unlawful for a person, in connection with a telecommunications service, IP-enabled voice service, social media service, or through other means, to cause a caller identification or social media service to knowingly transmit or post misleading or inaccurate caller identification or social media information 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 identity of the person.
(B) A person who violates the provisions of item (A)(1) is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than three 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 five hundred dollars or imprisoned for not more than thirty days."
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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