2017-2018 Bill 3214: Intentionally Impersonating Another Person - South Carolina Legislature

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 H. 3214 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Rutherford 10 Document Path: l:\council\bills\bh\7031ahb17.docx 11 12 Introduced in the House on January 10, 2017 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Intentionally impersonating another person 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/15/2016 House Prefiled 22 12/15/2016 House Referred to Committee on Judiciary 23 1/10/2017 House Introduced and read first time ( House Journalpage 114) 24 1/10/2017 House Referred to Committee on Judiciary ( House Journalpage 114) 25 26 View the latest legislative information at the website 27 28 29 VERSIONS OF THIS BILL 30 31 12/15/2016 32 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 SECTION 161320 SO AS TO CREATE THE 13 OFFENSE OF INTENTIONALLY IMPERSONATING 14 ANOTHER PERSON THROUGH THE USE OF EMAIL, 15 SOCIAL MEDIA, OR OTHER INTERNET WEBSITE, TO 16 PROVIDE A PENALTY, AND TO DEFINE NECESSARY 17 TERMS. 18 19 Be it enacted by the General Assembly of the State of South 20 Carolina: 21 22 SECTION 1. Article 1, Chapter 13, Title 16 of the 1976 Code is 23 amended by adding: 24 25 “Section 161320. (A) It is unlawful for a person, with the 26 intent to harm, intimidate, threaten, or defraud, to intentionally 27 impersonate another person, without the consent of that person, in 28 order to engage in any of the following: 29 (1) open an email account, another type of electronic 30 account, or a profile on a social networking website or other 31 Internet website; or 32 (2) post or send one or more messages on or through a social 33 networking website or other Internet website. 34 (B) It is unlawful for a person, with the intent to harm, 35 intimidate, threaten, or defraud, to send an email, instant message, 36 text message, or other form of electronic communication that 37 references a name, domain address, phone number, or other type of 38 identifying information belonging to another person without the 39 consent of that person and with the intent to cause the recipient of 40 the communication to believe that the other person authorized or 41 transmitted the communication. 42 (C) For purposes of this section, the term:

[3214] 2 1 (1) ‘Access software provider’ means a provider of software, 2 including client or server software, or enabling tools that: 3 (a) filter, screen, allow, or disallow content; 4 (b) select, choose, analyze, or digest content; or 5 (c) transmit, receive, display, forward, cache, search, 6 organize, reorganize, or translate content. 7 (2) ‘Cable operator’ means a person or group of persons who 8 provide cable service over a cable system and directly, or through 9 one or more affiliates, owns a significant interest in the cable 10 system, or who otherwise controls or is responsible for, through 11 any arrangement, the management and operation of the cable 12 system. 13 (3) ‘Interactive computer service’ means an information 14 service, system, or access software provider that provides or 15 enables computer access by multiple users to a computer server, 16 including a service or system that provides access to the Internet 17 and the systems operated or services offered by libraries or 18 educational institutions. 19 (4) ‘Social networking website’ means an Internet website 20 that: 21 (a) allows users to register and create web pages or 22 profiles about themselves that are available to the general public or 23 to other users; or 24 (b) offers a mechanism for direct or realtime 25 communication among users, such as forums, chat rooms, email, 26 or instant messaging. 27 (5) ‘Telecommunications service’ means the offering of 28 telecommunications for a fee directly to the public regardless of 29 the facilities used. 30 (D) A person who violates the provisions of this section must 31 be fined not less than two hundred fifty dollars nor more than one 32 thousand dollars or be imprisoned for not more than six months, or 33 both. 34 (E) The provisions of this section do not apply to any of the 35 following or to a person who is employed by any of the following 36 when the actions of the employee are within the course and scope 37 of his employment: 38 (1) a social networking website; 39 (2) an interactive computer service provider; 40 (3) a telecommunications service provider; 41 (4) a cable operator; 42 (5) an Internet service provider; or 43 (6) a law enforcement officer or agency.”

[3214] 3 1 2 SECTION 2. This act takes effect upon approval by the 3 Governor. 4 XX 5

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