2013-2014 Bill 3449: Social Media Identification Fraud - South Carolina Legislature Online

1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 3449 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. King 10 Document Path: l:\council\bills\ms\7113ahb13.docx 11 12 Introduced in the House on January 29, 2013 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Social Media Identification Fraud 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 1/29/2013 House Introduced and read first time ( House Journalpage 33) 22 1/29/2013 House Referred to Committee on Judiciary ( House Journalpage 33) 23 24 25 VERSIONS OF THIS BILL 26 27 1/29/2013 28 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING ARTICLE 3 TO CHAPTER 20, TITLE 37 13 SO AS TO ENTITLE THE ARTICLE “SOCIAL MEDIA 14 IDENTIFICATION FRAUD”, TO CREATE THE OFFENSE OF 15 UNLAWFULLY ACQUIRING AND UTILIZING A SOCIAL 16 MEDIA USER’S IDENTITY, TO DEFINE THE TERM 17 “SOCIAL MEDIA SERVICE”, AND TO PROVIDE 18 PENALTIES; AND TO REDESIGNATE THE EXISTING 19 SECTIONS OF CHAPTER 20, TITLE 37 AS ARTICLE 1 20 ENTITLED “IDENTITY THEFT”. 21 22 Be it enacted by the General Assembly of the State of South 23 Carolina: 24 25 SECTION 1. Chapter 20, Title 37 of the 1976 Code is amended 26 by adding: 27 28 “Article 3 29 30 Social Media Identification Fraud 31 32 Section 3720310. As used in this article, the term ‘social media 33 service’ means a category of Internet sites based on user 34 participation and usergenerated content centered on user 35 interaction. 36 37 Section 3720320. (A) It is unlawful for a person, in 38 connection with a social media service, or through other similar 39 means, to acquire and utilize a social media service user’s identity, 40 including, but not limited to, a photograph or other similar 41 likeness, to knowingly transmit or post misleading or inaccurate 42 identification or social media information with the intent to:

[3449] 2 1 (1) harass, defraud, cause harm, or wrongfully obtain 2 anything of value from another person; or 3 (2) deceive the recipient of the identity of the person. 4 (B) A person who violates the provisions of subsection (A)(1) 5 is guilty of a misdemeanor and, upon conviction, must be fined not 6 more than one thousand dollars or imprisoned for not more than 7 one year. A person who violates the provisions of subsection (A) 8 (2) is guilty of a misdemeanor and, upon conviction, must be fined 9 not more than five hundred dollars or imprisoned for not more than 10 thirty days.” 11 12 SECTION 2. Sections 3720110 through 3720200 of the 1976 13 Code are redesignated as Article 1, Chapter 20, Title 37 entitled 14 ‘Identity Theft’. The Code Commissioner is directed to change 15 references from “chapter” to “article” as appropriate to reflect the 16 redesignated provisions. 17 18 SECTION 3. This act takes effect upon approval by the 19 Governor. 20 XX 21

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