1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 3804 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Funderburk, Whipper and R.L. Brown 10 Document Path: l:\council\bills\ms\7149ahb13.docx 11 12 Introduced in the House on March 12, 2013 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Cyberbullying 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 3/12/2013 House Introduced and read first time ( House Journalpage 9) 22 3/12/2013 House Referred to Committee on Judiciary ( House Journalpage 9) 23 4/17/2013 House Member(s) request name added as sponsor: Whipper, R.L.Brown 24 25 26 VERSIONS OF THIS BILL 27 28 3/12/2013 29 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 1631850 SO AS TO DEFINE 13 NECESSARY TERMS, CREATE THE OFFENSE OF 14 CYBERBULLYING, AND PROVIDE PENALTIES FOR 15 VIOLATIONS. 16 17 Be it enacted by the General Assembly of the State of South 18 Carolina: 19 20 SECTION 1. Article 17, Chapter 3, Title 16 of the 1976 Code is 21 amended by adding: 22 23 “Section 1631850. (A) As used in this section, the term: 24 (1) ‘Computer’ means a device that performs logical, 25 arithmetic, and memory functions by manipulating impulses 26 including, but not limited to, all input, output, processing, storage, 27 computer software, and communication facilities that are 28 connected or related to a computer in a computer system or 29 computer network. For the purposes of this section, ‘computer’ 30 includes, but is not limited to, mainframes, servers, workstations, 31 desktops, and notebooks; industrial controls such as programmable 32 logic controllers and supervisory control and data acquisition 33 systems; portable handheld computing devices such as personal 34 digital assistants and digital cellular telephones; data 35 communications network devices such as routers and switches; and 36 all other devices that are computerbased or communicate with or 37 are under the control of a computer such as appropriate telephone 38 switches, medical devices, and cable and satellite television 39 interface systems. ‘Computer’ does not include automated 40 typewriters or typesetters. 41 (2) ‘Computer data’ means a representation of information, 42 knowledge, facts, concepts, or instructions that has been prepared

[3804] 2 1 or is being prepared in a formalized manner and has been 2 processed, is being processed, or is intended to be processed in a 3 computer, computer system, or computer network. Data may be in 4 any form including, but not limited to, computer printouts, 5 magnetic storage media, optical storage media, network data 6 packets, flash memory cards, smart card memory, punched cards, 7 or as stored in the memory of the computer or in transit or 8 displayed on a video device. 9 (3) ‘Computer network’ means the interconnection of two or 10 more computers, and those devices and facilities through which an 11 interconnection occurs. 12 (4) ‘Computer program’ means a series of instructions or 13 statements executable on a computer, which direct the computer 14 system in a manner to process data or perform other specified 15 functions. 16 (5) ‘Computer software’ means a set of computer programs, 17 data, procedures, or associated documentation concerned with the 18 operation of a computer system. 19 (6) ‘Computer system’ means a set of related, whether 20 connected or unconnected, computer equipment, devices, or 21 software. 22 (7) ‘Minor’ means a person who is under eighteen years of 23 age. 24 (B) Except as otherwise provided in this article, it is unlawful 25 for a person to knowingly use a computer or computer network to 26 do any of the following: 27 (1) With the intent to intimidate or torment a minor: 28 (a) build a fake profile or website; 29 (b) pose as a minor in an: 30 (i) Internet chat room; 31 (ii) electronic mail message or email; or 32 (iii) instant message; 33 (c) follow a minor online or into an Internet chat room; or 34 (d) post or encourage others to post on the Internet 35 private, personal, sexual information, or false information 36 pertaining to a minor. 37 (2) With the intent to intimidate or torment a minor or the 38 minor’s parent or guardian: 39 (a) post a real or doctored image of a minor on the 40 Internet; 41 (b) access, alter, or erase any computer network, computer 42 data, computer program, or computer software, including breaking

[3804] 3 1 into a passwordprotected account or stealing or otherwise 2 accessing passwords; or 3 (c) use a computer system for repeated, continuing, or 4 sustained electronic communications, including email or other 5 transmissions, to a minor. 6 (3) Make a statement, whether true or false, intending to 7 immediately provoke, and that is likely to provoke, a third party to 8 stalk or harass a minor. 9 (4) Copy and disseminate, or cause to be made, an 10 unauthorized copy of data pertaining to a minor for the purpose of 11 intimidating or tormenting that minor. This data includes, but is 12 not limited to, printed or electronic form of computer data, 13 computer programs, or computer software residing in, 14 communicated by, or produced by a computer or computer 15 network. 16 (5) Sign up a minor for a pornographic Internet site with the 17 intent to intimidate or torment the minor. 18 (6) Without authorization of the minor or the minor’s parent 19 or guardian, sign up a minor for email lists or to receive junk 20 emails or instant messages, with the intent to intimidate or torment 21 the minor. 22 (C) A person who violates the provisions of this section 23 commits the offense of cyberbullying, and at the time of the 24 offense if the person is: 25 (1) eighteen years of age or older, is guilty of a misdemeanor 26 and, upon conviction, must be fined not more than one thousand 27 dollars or imprisoned for not more than six months; or 28 (2) under the age of eighteen, is guilty of a misdemeanor 29 and, upon conviction, must be fined not more than five hundred 30 dollars or imprisoned for not more than thirty days. 31 (D) If a person pleads guilty to or is found guilty of an offense 32 pursuant to subsection (C)(2), the court may, without entering a 33 judgment of guilt and with the consent of the defendant, defer 34 further proceedings and place the defendant on probation. Upon 35 fulfillment of the terms and conditions of the probation, the court 36 shall discharge the defendant and dismiss the proceedings against 37 the defendant. Discharge and dismissal pursuant to this subsection 38 is without court adjudication of guilt and may not be considered a 39 conviction for purposes of this section or another provision of law. 40 Upon discharge and dismissal pursuant to this subsection, the 41 person may apply for an order to expunge the complete record of 42 the proceedings resulting in the dismissal and discharge pursuant 43 to the provisions of Section 17140.

[3804] 4 1 (E) The provisions of this section do not apply to a law 2 enforcement agent or officer acting in an official capacity.” 3 4 SECTION 2. The repeal or amendment by this act of any law, 5 whether temporary or permanent or civil or criminal, does not 6 affect pending actions, rights, duties, or liabilities founded thereon, 7 or alter, discharge, release or extinguish any penalty, forfeiture, or 8 liability incurred under the repealed or amended law, unless the 9 repealed or amended provision shall so expressly provide. After 10 the effective date of this act, all laws repealed or amended by this 11 act must be taken and treated as remaining in full force and effect 12 for the purpose of sustaining any pending or vested right, civil 13 action, special proceeding, criminal prosecution, or appeal existing 14 as of the effective date of this act, and for the enforcement of 15 rights, duties, penalties, forfeitures, and liabilities as they stood 16 under the repealed or amended laws. 17 18 SECTION 3. This act takes effect upon approval by the 19 Governor. 20 XX 21

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