(A) A person who engages in 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 stalking when an injunction or restraining order, including a restraining order issued by the family court, 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.

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Terms Used In South Carolina Code 16-3-1730

  • Conviction: A judgement of guilt against a criminal defendant.
  • Family: means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person. See South Carolina Code 16-3-1700
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Stalking: means a pattern of words, whether verbal, written, or electronic, or a pattern of conduct that serves no legitimate purpose and 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 his 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. See South Carolina Code 16-3-1700

(C) A person who engages in stalking and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, imprisoned not more than fifteen years, or both.

(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4, Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense pursuant to this section must be fined one thousand dollars or imprisoned one year, or both.