H 3449 Session 120 (2013-2014)
H 3449 General Bill, By King
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 "SOCIAL MEDIA
IDENTIFICATION FRAUD", TO CREATE THE OFFENSE OF UNLAWFULLY ACQUIRING AND
UTILIZING A SOCIAL MEDIA USER'S IDENTITY, TO DEFINE THE TERM "SOCIAL MEDIA
SERVICE", AND TO PROVIDE PENALTIES; AND TO REDESIGNATE THE EXISTING SECTIONS
OF CHAPTER 20, TITLE 37 AS ARTICLE 1 ENTITLED "IDENTITY THEFT".
01/29/13 House Introduced and read first time (House Journal-page 33)
01/29/13 House Referred to Committee on Judiciary
(House Journal-page 33)
H. 3449
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 "SOCIAL MEDIA IDENTIFICATION FRAUD", TO CREATE THE OFFENSE OF UNLAWFULLY ACQUIRING AND UTILIZING A SOCIAL MEDIA USER'S IDENTITY, TO DEFINE THE TERM "SOCIAL MEDIA SERVICE", AND TO PROVIDE PENALTIES; 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
Social Media Identification Fraud
Section 37-20-310. As used in this article , the term '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 social media service, or through other similar means, to acquire and utilize a social media service user's identity, including, but not limited to, a photograph or other similar likeness, to knowingly transmit or post misleading or inaccurate 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 subsection (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 one year. A person who violates the provisions of subsection (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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