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South Carolina Stalking Laws

SOUTH CAROLINA

For the purpose of this chapter:
(1) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
(2) "Harasses" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.

11-59-2. Stalking prohibited. 1995.
(a) Any person who: (i) harasses another person; or (ii) willfully, maliciously, and repeatedly follows another person with the intent to place that person in reasonable fear of bodily injury, is guilty of the crime of stalking, punishable by imprisonment for not more than one (1) year or by a fine of not more than one thousand dollars ($1,000), or both.
(b) A second or subsequent conviction under subdivision (a) shall be deemed a felony punishable by imprisonment for not more than five (5) years, by a fine of not more than ten thousand dollars ($10,000), or both.

11-59-3. Violation of restraining order. 1992.
Whenever there is a restraining order or injunction issued by a court of competent jurisdiction enjoining one person from harassing another person, and the person so enjoined is convicted of the crime of stalking as set forth in @ 11-59-2 for actions against the person protected by the court order or injunction, he or she shall be guilty of a felony which shall be punishable by imprisonment for not more than two (2) years or by a fine of not more than six thousand dollars ($6,000), or both.

Legislative Update: SB 134, enacted on March 5, 2002, prohibits the court from charging the petitioner a fee for filing a complaint and motion for a harassment or stalking restraining order.