(A) "Harassment" means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual, physical, or verbal contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;
(3) surveillance of or the maintenance of a presence near the targeted person's: (a) residence; (b)
place of work; (c) school; or (d) another place regularly occupied by the targeted person; and
(4) vandalism and property damage.
Harassment does not include words or conduct that is protected by the Constitution of this State
or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(B) "Stalking" means a pattern of words or conduct that is intended to cause and does cause a
targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of the person's family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
Stalking does not include words or conduct that is protected by the Constitution of this State or
the United States and does not apply to law enforcement officers or process servers performing
their official duties.
(C) "Aggravated stalking" means stalking accompanied or followed by an act of violence.
(D) "Pattern" means two or more acts within a ninety-day period.
(E) "Family" means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person.
(A) A person who engages in harassment is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than 30 days, or both.
(B) A person convicted of harassment against a person within seven years of a prior conviction or harassment against or stalking of that person, or when an injunction or restraining order is in effect prohibiting this conduct, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both.
(A) A person who engages in stalking is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both.
(B) A person who engages in stalking when an injunction or restraining order is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than two years, or both.
(C) A person who engages in stalking a person within seven years of a prior conviction of harassment against or stalking of that person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.
(A) A person who engages in aggravated stalking is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.
(B) A person who engages in aggravated stalking when an injunction or restraining order is in effect prohibiting this conduct is guilty of a felony and, upon conviction, must be fined not more than seven thousand dollars, imprisoned not more than ten years, or both.
(C) A person who engages in aggravated stalking of a person within seven years of a prior conviction of harassment against or stalking of that person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, imprisoned nor more than fifteen years, or both.
The court may order a convicted stalker to undergo a psychological evaluation prior to sentencing; the court may then order counseling or other treatment.
The magistrate's court may issue a restraining order prohibiting harassment or stalking. Procedures for issuing such an order, including an emergency hearing, are set out. The court may enter a temporary order until a full hearing can be held. At that time, the court may issue a regular order, which shall be effective for six months. Procedures are also given for extending a restraining order, if the defendant has been charged with harassment or stalking and a trial date is set.
Law enforcement officers shall arrest a person violating a restraining order - an arrest warrant is not required. The primary duty of a law enforcement officer in cases of stalking or harassment is to enforce the law and protect the victim. The law enforcement officer shall notify the victim of the right to file a criminal complaint and seek a restraining order. Sections 16-3-1800 - 1810.
A person who reports harassment or stalking, files a criminal complaint, files for a restraining order, or participates in a court proceeding relating to harassment or stalking is immune from civil or criminal liability if the person was acting in good faith. Good faith is presumed, but can be rebutted.
Proceedings under this article are in addition to other civil and criminal remedies.
A magistrate may order a person arrested for stalking or harassment to undergo a mental health evaluation as a condition of bail.
For Unlawful Uses of a Telephone, which may be a felony or a misdemeanor, see South Carolina Code section 16-17-430.