E.
Offenses Against the Person

ACCESSORY BEFORE THE FACT

Felony

Code §16-1-40
CDR Code 2

Elements Of The Offense:

1.

That the accused counseled, hired, or otherwise procured a felony.

2.

That the person accused was not present when the offense was committed.

3.

That the principal committed the crime.

Note:

The presence or absence of the accused at the commission of the crime is determinative of his status as an accessory before the fact or a principal in the second degree. If one was present at the commission of the crime either actively or constructively, he is a principal: if one was not present at the commission of the offense, he is chargeable under this section, but punishable as a principal. (See §16-1-50, Indictment and Conviction of Accessories).

Penalty:

The same penalty as the principal would receive.

ADMINISTERING OR ATTEMPTING TO ADMINISTER POISON

Class C Felony

Code §16-3-70
CDR Code 322

Elements Of The Offense:

It is unlawful to:

1.

maliciously administer to, attempt to administer to, aid or assist in administering to, or cause to be taken by, another person a poison or other destructive things, with intent to kill that person,

OR

2.

counsel, aid, or abet a person under in the administering or poison to another.

Note:              

§16-3-30 covers the "successful" poisoning of another resulting in death. This section deals with the administration of or attempt to administer poison to one with the intent of causing death. There must be proof of ingestion by victim of any poison or other destructive substance as well as the malicious intent of the actor.

The fact that the substance is given in insufficient quantity to do its work is of no effect. However, the administration of a substance believed to have deadly or destructive properties which it does not in fact so possess, would be assault and battery with the intent to kill. (§16-3-620).

Penalty:        

Imprisonment of not more than 20 years.

ASSAULT AND BATTERY – 3rd DEGREE

Misdemeanor

                               Code §16-3-600(E)(1)
                                        CDR Code 3414

Elements Of The Offense:

The accused unlawfully injured another person, or offers or attempts to injure another person with the present ability to do so.

Note:

There is no requirement that a battery be committed.

Penalty:        

Fine of not more than $500 or imprisonment for not more than 30 days, or both.

ASSAULT AND BATTERY – 2nd DEGREE

Class A Misdemeanor

                              Code §16-3-600(D)(1) 
                                       CDR Code 3413

Elements Of The Offense:

That the accused unlawfully injured another person, or offers or attempts to injure another person with the present ability to do so, and:

(a) moderate bodily injury to another person results or moderate bodily injury to another person could have resulted; or

(b) the act involves the nonconsensual touching of the private parts of a person, either under or above clothing.

Note:

‘Moderate bodily injury’ means physical injury requiring treatment to an organ system of the body other than the skin, muscles, and connective tissues of the body, except when there is penetration of the skin, muscles, and connective tissues that require surgical repair of a complex nature or when treatment of the injuries requires the use of regional or general anesthesia.

‘Private parts’ means the genital area or buttocks of a male or female or the breasts of a female.

Penalty:

Fine of not more than $2,500, or imprisonment for not more than 3 years, or both.

ASSAULT & BATTERY – 1st DEGREE

Class E Felony

Code §16-3-600(C)(1)
CDR Code 3412

Elements Of The Offense: 

That the accused unlawfully

(a) injures another person, and the act:

(i) involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or

(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft; or

(b) offers or attempts to injure another person with the present ability to do so,  and the act:

(i) is accomplished by means likely to produce death or great bodily injury; or

(ii) occurred during the commission of a robbery, burglary, kidnapping, or  theft.

Penalty:

Imprisonment for up to 10 years.

Note:

Assault & Battery 1st degree is a lesser included offense of ABHAN, and attempted murder.

ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE
(ABHAN)

Class C Felony

Code §16-3-600(B)(1)
CDR Code 3411

Elements Of The Offense:

That the accused did unlawfully injure another person, and

(a) “Great Bodily Injury” to another person results; or

(b) the act is accomplished by means likely to produce death or great bodily   injury.

Penalty:

Imprisonment for not more than 20 years.

Note:

“Great Bodily Injury” means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

ASSAULT OR INTIMIDATION ON ACCOUNT OF
POLITICAL OPINIONS OR EXERCISE OF CIVIL RIGHTS

Class B Misdemeanor

Code § 16-17-560
CDR Code 252

Elements Of The Offense:

1.

(a) That the accused did assault or intimidate a citizen because of his political opinions or his exercise of political rights and privileges,

OR

2.

(b) That the accused, for such reason, did discharge the citizen from employment, or eject him from rented property.

Penalty:

Fine of not more than $1,000 or imprisonment for not more than two years, or both.

THREATENING LIFE, PERSON, OR FAMILY OF PUBLIC OFFICIAL

Class F Felony

Code §16-3-1040
CDR Codes 541, 2605

Elements Of The Offense:

1.

That the accused knowingly and willfully:

 

a. delivered or conveyed,

 

b. to a public official or to a teacher or principal of an elementary or secondary school, or to a public employee,

 

c. any letter or paper, writing, print, missive, document, or electronic communication, or any verbal or electronic communication,

 

d. which contained any threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or public employee, or member of their immediate families.

Note:

"Public official" means any elected or appointed official. This includes police officers.

"Public employee" means any person employed by the State, a county, a municipality, a school district (except for a teacher or principal of an elementary or secondary school), or a political subdivision of this State.

"Immediate family" means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee.

Penalty:

For violation of subsection (A), fine of not more than $5,000 or imprisonment of not more than 5 years, or both.

For violation of subsection (B) [public employee], fine of not more than $500 or imprisonment of not more than 30 days, or both.

ASSAULT WITH CONCEALED WEAPON

Class C Misdemeanor

Code §16-3-610
CDR Code 10

Elements Of The Offense:

1.

If a person is convicted of attempted murder, ABHAN, Assault & Battery 1st Degree, Assault & Battery 2nd Degree, Assault & Battery 3rd Degree, or manslaughter, and

2.

The offense was committed with a deadly weapon (as specified in §16-23-460) carried or concealed upon his person.

Note:

A prerequisite for conviction of this offense is a charge and conviction under §16-23-460 dealing with carrying concealed weapons. Indictment must contain a special count of carrying concealed weapon and a special jury verdict is required. (§17-19-40).

Penalty:

In addition to the punishment for the assault of whatever degree; imprisonment for not less than 3 months nor more than 12 months, or a fine of not less than $200.00, or both at the discretion of the judge.

CHILD ENDANGERMENT IN MOTOR VEHICLE

Unclassified

Code §56-5-2947
CDR Code 2395

Elements Of The Offense:

1.

That the accused was eighteen years of age or over.

2.

That the accused was in violation of §56-5-750 (Failure to Stop for Blue Light), §56-5-2930 (DUI) or §56-5-2945 (Felony DUI), and

3.

That the accused had one or more passengers under sixteen years of age in the motor vehicle when the violation occurred.

Note:

If more than one passenger under sixteen was in the vehicle, the accused may be charged with only one violation of this section.

A person may be convicted of this offense in addition to being convicted of Failure to Stop when Signaled by Law Enforcement Vehicle, DUI or Felony DUI.

Penalty:

Fine of not more than one half of the maximum fine allowed for committing either Failure to Stop, DUI or Felony DUI, when the person is fined for that offense, or imprisonment of not more than one half of the maximum term of imprisonment allowed for committing Failure to Stop, DUI or Felony DUI when the person is imprisoned for that offense, or both. The person?s driver?s license must be suspended for 60 days.

CONSPIRACY TO KIDNAP

Class A Felony

Code §16-3-920
CDR Codes 17, 949

Elements Of The Offense:

1.

That the accused did enter into an agreement, confederation or conspiracy with one or more persons, and

2.

That the agreement was to violate §16-3-910, to kidnap another person, and

3.

That one of those making the agreement did an overt act towards carrying out the agreement.

Note:

The definition of "conspiracy" is found in §16-17-410, and should be used in connection with this section.

Penalty:

Punishable by a term of imprisonment not to exceed 30 years unless sentenced for murder as provided in §16-3-20.

EMPLOYING PERSON UNDER 18 TO COMMIT CERTAIN CRIMES

Class D Felony

Code §16-3-1045
CDR Codes 2443, 2444

Elements Of The Offense:

A.

1. That the accused used, solicited, directed, hired, persuaded, induced, enticed, coerced, or employed a person under 18 years of age to commit:

   

a. a violent crime

   

b. the crime of lynching as a result of mob violence

   

c. the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD

OR

 

2. That the accused conspired to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under 18 years of age to commit:

   

a. a violent crime

   

b. the crime of lynching as a result of mob violence

   

c. the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD

Penalty:

Imprisonment for not less than 5 years nor more than 15 years.

FAILURE TO REMOVE DOORS FROM CONTAINERS

Unclassified Misdemeanor

Code §16-3-1010
CDR Code 626

Elements Of The Offense:

A.

1. That the accused did abandon an icebox, refrigerator, ice chest, or other type of airtight container of such capacity to hold any child.

 

2. That the accused did neglect, prior to the abandonment, to remove the door, lid, or other device for closing thereof.

OR

B.

That the accused did allow such an item to be abandoned upon his property and there remain without the removing of the door, lid, or other device for closing thereof.

Penalty:

Fine of not more than $100 or imprisonment for not more than 30 days.

HOMICIDE BY CHILD ABUSE

Class C or Exempt Felony

Code §16-3-85
CDR Code 2356, 2357

Elements Of The Offense:

1.

That the accused caused the death of a child under the age of eleven while committing child abuse or neglect and the death occurs under circumstances manifesting an extreme indifference to human life;

OR

2.

That the accused did knowingly aid and abet another person to commit homicide by child abuse.

Penalty:

For violating "1" above - imprisonment for life but not less than 20 years.

For violating "2" above - imprisonment not to exceed 20 years nor less than 10 years.

KIDNAPPING

Class A Felony

Code §16-3-910
CDR Codes 95, 948

Elements Of The Offense:

1.

That the accused did unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away another person, and

2.

That the act was committed without authority of law.

Note:

A minor who is seized or taken by a parent is not within the purview of this section, but such parent or anyone who defies a custody order and transports a child from the legal custodial to conceal the child has committed the offense of Custodial Interference. §16-17-495.

Penalty:

Punishable by a term of imprisonment not to exceed 30 years unless sentenced for murder as provided in §16-3-20.

ASSAULT & BATTERY BY A MOB - FIRST DEGREE

Exempt Felony

Code §16-3-210(B)
CDR Code 3431

Elements Of The Offense:

1.

That a person's death resulted from the violence inflicted upon him by a mob, and

2.

That the accused was a member of that mob.

Note:

A mob is defined in §16-3-230 as an assemblage of two or more persons, without color or authority of law, gathered together for the premeditated purpose and with the premeditated intent of committing violence upon another.

Penalty:

Imprisonment for not less than 30 years.

ASSAULT & BATTERY BY A MOB - SECOND DEGREE

Class B Felony

Code §16-3-220(C)
CDR Code 3432

Elements Of The Offense:

1.

That the mob did commit an act of violence upon the body of another person, causing serious bodily injury, and

2.

That the accused did participate as a member of said mob so engaged.

Penalty:

Imprisonment for not less than 3 years nor more than 25 years.

ASSAULT & BATTERY BY A MOB – THIRD DEGREE

Class C Misdemeanor

Code §16-3-210(D)
CDR Code 3433

Elements of the Offense:

1.

That the mob did commit an act of violence upon the body of another person, resulting in bodily injury.

2.

That the accused did participate as a member of said mob so engaged.

Penalty:

Imprisonment for not more than 1 year.

VOLUNTARY MANSLAUGHTER

Class A Felony

Code §16-3-50
CDR Code 217

Elements of the Offense:

1.

That the accused unlawfully killed another person.

2.

That the killing took place without malice, express or implied.

Note:

Voluntary manslaughter is distinguished from murder by the absence of malice aforethought. "Malice" is defined in Black's Law Dictionary as "the intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury or under circumstances that the law will imply an evil intent." For a killing to be manslaughter rather than murder, it is essential to have adequate legal provocation which produces an uncontrollable impulse to do violence. The test of adequate provocation is whether a reasonable man would have acted similarly under the circumstances. Killing with a deadly weapon creates a presumption of malice. In which case, the proper charge would be murder until such a presumption is rebutted. Manslaughter may be reduced to involuntary manslaughter by a verdict of the jury.

Penalty: 

Imprisonment for not more than 30 years or less than 2 years.

INVOLUNTARY MANSLAUGHTER

Class F Felony

Code §16-3-60
CDR Code 218

Elements Of The Offense:

1.

That the accused unlawfully killed another person.

2.

That the killing was without malice aforethought.

3.

That the killing was unintentional, and

4.

The killing resulted from criminal negligence.

Note:  

Criminal Negligence is defined as the "reckless disregard of the safety of others." The absence of an intent to kill or to inflict bodily harm distinguishes involuntary manslaughter from voluntary manslaughter

§56-5-2910 pertains to reckless homicide from the operation of a motor vehicle. This section does not supersede the common-law offense of involuntary manslaughter.

Penalty:

Imprisonment for not more than 5 years.

MURDER

Exempt Felony

Code §16-3-10
CDR Code 116

Elements Of The Offense:

1.

That the accused unlawfully killed another, and

2.

That the killing was committed with malice aforethought.

Note:

Malice aforethought is the willful doing of an illegal act without just cause and with a previously formed intention to commit such act. A killing may be with malice aforethought although it is conceived and executed at the same time.

Malice aforethought may be inferred from reckless disregard of human life.

If malice aforethought is committed in the execution of an unlawful act, all participants are guilty.

Penalty:  

Death, by imprisonment for life, or by a mandatory minimum term of imprisonment for 30 years to life. §16-3-20.

RECKLESS HOMICIDE

Class E Felony

Code §56-5-2910
CDR Code 135

Elements Of The Offense:

1.

That the accused unlawfully killed another person. Death of the victim must occur within 3 years of injury and be caused by operation of a motor vehicle in reckless disregard of the safety of others, and

2.

That the accused did operate a motor vehicle in reckless disregard of the safety of others.

Note:  

Refer to §50-21-115 for reckless homicide by operation of a boat.

Penalty:

Fine of not less than $1,000 nor more than $5,000, or imprisonment of not more than 10 years, or both. The Department shall revoke for 5 years the driver's license of a person convicted of this offense. See §56-5-2910(B) for reinstatement procedures after 1 year from date of revocation.

FELONY DUI

Class D or B Felony

Code §56-5-2945
CDR Codes 406, 395

Elements Of The Offense

1.

That the accused drove a vehicle while under the influence of alcohol and/or drugs.

2.

That the accused did an act forbidden by law or neglected a duty imposed by law, and

3.

The act or neglect proximately caused great bodily injury or death to another person.

Note:

Great bodily injury means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.

§56-5-2945 does not expressly repeal the existing offenses of involuntary manslaughter and reckless homicide, and construction of the statute indicates that repeal by implication is not intended. State v. Bodiford, 282 S.C. 378, 318 S.E.2d 567 (1984)

Penalty:

When great bodily injury results: fine of not less than $5,100 nor more than $10,100 and mandatory imprisonment for not less than 30 days nor more than 15 years.

When death results: fine of not less than $10,100 nor more than $25,100 and mandatory imprisonment for not less than 1 year nor more than 25 years.

The department shall suspend the driver's license of any person who is convicted of, pleads guilty or nolo contendere to this offense for any jail term plus 3 years when great bodily injury results and 5 years when death results.

UNLAWFUL CONDUCT TOWARDS CHILD

Class E Felony

Code § 20-7-50
CDR Code 2481

Elements Of The Offense:

1.

That the accused, who is the parent or guardian, did have charge or custody of a child.

2.

That the accused did place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety; or did or caused to be done unlawfully or maliciously any bodily harm to the child so that the life or health of the child was endangered or is likely to be endangered; or

3.

That the accused did willfully abandon the child.

Penalty:  

Fine in the discretion of the court or imprisonment of not more than 10 years, or both.

CRIMINAL DOMESTIC VIOLENCE

Misdemeanor and Felony

Code §16-25-20
CDR Codes 2671,2672, 685

**Effective January 1, 2006**

Elements Of The Offense

1.

That the accused caused physical harm or injury to their own household member (spouse, former spouse, persons who have a child in common, and persons who are cohabiting or formerly have cohabited).

OR

2.

That the accused offered or attempted to cause physical harm or injury to their own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

Penalty: 

First Offense: fine of not less than $1000 nor more than $2500 or imprisonment not to exceed 30 days. The court may suspend the imposition or execution of all or part of the sentence, conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. This offense must be tried in summary court.

Second Offense: fine of not less than $2500 nor more than $5000 and imprisonment not less than a mandatory minimum of 30 days or more than 1 year. The court may suspend the imposition or execution of all or part of the sentence, except the 30 day mandatory minimum sentence, conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. An individual is subject to this section when the accused has a prior CDV or CDVHAN offense within the previous 10 years.

Third or Subsequent Offenses: Not less than the mandatory minimum of 1 year but not more than 5 years. The Court may suspend the imposition or execution of all or part of the sentence, except the 1 year mandatory minimum sentence, and place the offender on probation conditioned upon certain factors. This offense is classified as a Felony. An individual is subject to this section when the accused has two violations of CDV or CDVHAN within the previous 10 years.

** Pursuant to SC Code of Laws Section 16-25-30, the court must provide all defendants convicted of CDV or CDVHAN with the following written notice:

“Pursuant to 18 U.S.C. Section 922, it is unlawful for a person convicted of a violation of Section 16-25-20 or 16-25-65 to ship, transport, possess, or receive a firearm or ammunition.”

Court Administration has developed a form to assist with this notification.  The form can be obtained from the Benchbook or from the forms section on our website. 

NOTE:

An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol an drug treatment authorities pursuant to §61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay. See §16-25-20 (I).

VIOLATION OF TERMS AND CONDITIONS OF AN
ORDER OF PROTECTION

Misdemeanor

Code §16-25-20 (E)
CDR Code 1247

**Effective January 1, 2006**

Elements of the Offense:

1.

Violation of the terms and conditions of an order of protection issued under the "Protection from Domestic Abuse Act" or a valid protection order issued by another State, tribe, or territory.

Note:   

Effective January 1, 2006, a person found guilty of a violation of §16-25-20(A) [Criminal Domestic Violence] and §16-25-20(E) may be sentenced under both sections for the same offense.

Penalty: 

Fine of not more than $500 AND imprisonment not to exceed 30 days. The Court may not suspend any part of this sentence.

TRESPASS ON THE GROUNDS OF A DOMESTIC VIOLENCE SHELTER

Misdemeanor and Felony

Code §§16-25-125
CDR Codes

**Effective June 11, 2008**

Elements of the Offense:

1. That the accused entered or remained upon the grounds or structure of a domestic violence shelter in which the person’s household member resides or the domestic violence shelter’s administrative offices.

2. That the accused met at least one of the following criteria:

a. Was subject to a restraining order or an order of protection, or

b. Had pending charges of criminal domestic violence, or criminal domestic violence of a high and aggravated nature, or

c. Had been convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature.

Penalty:

Fine of not more than $3,000 or imprisonment for not more than 3 years, or both.

**If the offender is armed with a deadly weapon at the time of the trespass, the violation is a felony punishable by a fine of not more than $5,000 or imprisonment for not more than 5 years, or both.

STALKING AND HARASSMENT

Misdemeanor and Felony

Code §§16-3-1700 -16-3-1730
CDR Codes 2401-2408, 3049-3051

**Effective January 1, 2006**

HARASSMENT, 1ST DEGREE

Elements Of The Offense:

A.

1.

That the accused used a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose.

 

2.

The accused caused the person (and would have caused a reasonable person) to suffer mental or emotional distress.

 

3.

Harassment, 1st degree may include, but is not limited to:

   

a.

Following the person as he moves from location to location;

   

b.

Visual or physical contact that is initiated, maintained, or repeated after a person has been provided oral or written notice that the contact is unwarranted or after the victim has filed an incident report with a law enforcement agency;

   

c.

Surveillance of or the maintenance of a presence near the person's:

     

i.

residence

     

ii.

place of work

     

iii.

school, or

     

iv.

another place regularly occupied or visited by the person; and

   

d.

Vandalism and property damage.

Penalty:

§16-3-1720 (A): Fine of not more than $1000, imprisonment for not more than 3 years, or both. (Misdemeanor)

§16-3-1720 (B): Fine of not more than $2000, imprisonment not more than 3 years, or both. Subject falls under this subsection when an injunction or restraining order, including a restraining order issued by the family court, is in effect prohibiting this conduct. (Misdemeanor)

§16-3-1720 (C): Fine of not more than $5,000, imprisonment for not more than 5 years, or both. Subject falls under this subsection when the person has a prior conviction of harassment or stalking within the preceding 10 years. (Felony)

In addition to the above penalties, a person convicted of Harassment, 1st Degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fine $1000 or imprisoned 1 year, or both.

HARASSMENT, 2ND DEGREE

Elements Of The Offense:

1.

The accused used a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose.

2.

The accused causes the person (and would cause a reasonable person) to suffer mental or emotional distress.

3.

Harassment, 2nd degree may include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.

Penalty: 

§16-3-1710 (A): Fine of not more than $200, imprisonment for not more than 30 days, or both. (Misdemeanor)

§16-3-1710 (B): Fine of not more than $1000, imprisonment not more than 1 year, or both. Subject falls under this subsection if 1) the person has a prior conviction of harassment or stalking within the preceding 10 years or 2) at the time of the harassment an injunction or restraining order, including a restraining order issued by the family court, was in effect prohibiting the harassment. (Misdemeanor)

In addition to the above penalties, a person convicted of Harassment, 2nd Degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fine $200 or imprisoned thirty days, or both.

STALKING

Elements Of The Offense:

1.

That the accused used a pattern of words whether verbal, written, or electronic or a pattern of conduct that serves no legitimate purpose.

2.

That the accused intended to cause and did cause a person (and would have caused a reasonable person) to fear:

 

a.

Death of the person or a member of his family,

 

b.

Assault upon the person or a member of his family,

 

c.

Bodily injury to the person or a member of his family,

 

d.

Criminal sexual conduct on the person or a member of his family,

 

e.

Kidnapping of the person or a member of his family, or

 

f.

Damage to the property of the person or a member of his family

Note:   

"Pattern" means two or more acts occurring over a period of time; however short, evidencing continuity of purpose.

"Family" means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person.

"Electronic contact" contact means any transfer of sign, signals, writing, images, sounds, data, intelligence, or information of any nature transmitted in whole or in part by any device, system, or mechanism, including, but not limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.

This section does not apply to the words or conduct protected by the Constitution of this State or the United States, a law enforcement officer or a process server performing official duties, or a licensed private investigator performing services or an investigation as described in detail in a contract signed by the client and the private investigator.

Penalty: 

§16-3-1730 (A): Fine of not more than $5000, imprisonment for not more than 5 years, or both. (Felony)

§16-3-1730 (B):  Fine of not more than $7000, imprisonment not more than 10 years, or both. Subject falls under this subsection when an injunction or restraining order, including a restraining order issued by the family court, is in effect prohibiting this conduct. (Felony)

§16-3-1730 (C): Fine of not more than $10,000, imprisonment for not more than 15 years, or both. Subject falls under this subsection when the person has a prior conviction of harassment or stalking within the preceding 10 years. (Felony)

In addition to the above penalties, a person convicted of Stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fine $1000 or imprisoned 1 year, or both.