A bill

to amend the South Carolina Code of Laws by amending Section 16-17-640, relating to the offense of Blackmail, so as to provide when death occurs as a result of the blackmail, the offender may be charged with the additional offense of involuntary manslaughter by blackmail.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Section 16-17-640 of the S.C. Code is amended to read:

   Section 16-17-640.   (A) Any person who verbally or by printing or writing or by electronic communications:

   (1) accuses another of a crime or offense;

   (2) exposes or publishes any of another's personal or business acts, infirmities, or failings; or

   (3) compels any person to do any act, or to refrain from doing any lawful act, against his will;

with intent to extort money or any other thing of value from any person, or attempts or threatens to do any of such acts, with the intent to extort money or any other thing of value, shall beis guilty of blackmail and, upon conviction, shallmust be fined not more than five thousand dollars or imprisoned for not more than ten years, or both, in the discretion of the court.

   (B) Involuntary manslaughter is the death of a person caused by the criminal negligence of another, or the reckless disregard of the safety of others, which may include the commission of an offense pursuant to the provisions of this section which caused the death of a person either by suicide or other means. A person convicted of involuntary manslaughter by blackmail must be punished as provided in Section 16-3-60. Any sentence imposed pursuant to the provisions of this subsection is in addition to any sentence imposed pursuant to the provisions of subsection (A) or any other provision of law, and may not run concurrently to any other sentence but must run consecutively.

SECTION 2.   This act takes effect upon approval by the Governor.

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