Download This Version in Microsoft Word format
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-7-155 SO AS TO DEFINE THE TERM "CANDIDATE FOR PUBLIC OFFICE", TO CREATE THE OFFENSE OF SLANDER OR LIBEL OF A CANDIDATE FOR PUBLIC OFFICE, AND TO PROVIDE A PENALTY.
SECTION 1. Article 3, Chapter 7, Title 16 of the 1976 Code is amended by adding:
"Section 16-7-155. (A) For the purposes of this section:
(1) 'Actual malice' means with knowledge that the statement is false or with reckless disregard of whether it is false or not.
(2) 'Candidate for public office' means a person who seeks election to a state or local office from the time of filing through the date of the election. 'Candidate for public office' does not include a person who seeks appointment to a state or local office.
(B) A person who, with actual malice, intentionally originates, utters, circulates, or publishes a false statement or matter concerning a candidate for public office, which tends to injure the character or reputation of the candidate for public office, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not less than one year nor more than five years, or both. The criminal penalty provided in this section does not preclude another civil penalty that may be provided by law."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:50 P.M.