Current Status Introducing Body:House Bill Number:4131 Primary Sponsor:Cromer Committee Number:25 Type of Legislation:GB Subject:Stalking Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/3513.AL Introduced Date:Jan 14, 1992 Last History Body:House Last History Date:Jan 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cromer Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4131 House Jan 14, 1992 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1050 SO AS TO CREATE THE CRIMINAL OFFENSE OF STALKING AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1050. (A) It is unlawful for a person to wilfully, maliciously, and repeatedly follow or harass another person and to make a credible threat with the intent to place that person in reasonable fear of death or great bodily injury. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than one thousand dollars, or both.
(B) A person who violates subsection (A) when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in subsection (A) against the same party, must be imprisoned not more than two years or fined not more than one thousand dollars, or both.
(C) A second or subsequent conviction occurring within seven years of a previous conviction under subsection (A) against the same victim, and involving an act of violence or `a credible threat' of violence as defined in subsection (E), must be imprisoned not more than three years or fined not more than two thousand dollars, or both.
(D) For the purposes of this section, `harasses' means a knowing and wilful course of conduct directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be of a nature to cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the person. `Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of `course of conduct'.
(E) For the purposes of this section, `a credible threat' means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his safety. The threat must be against the life of, or a threat to cause great bodily injury to, a person."
SECTION 2. This act takes effect upon approval by the Governor.