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									                                   South Carolina General Assembly
                                       119th Session, 2011-2012

H. 3213

STATUS INFORMATION

General Bill
Sponsors: Reps. Limehouse, Harrison, Daning, Murphy, G.M. Smith and Hixon
Document Path: l:\council\bills\agm\18279ahb11.docx

Introduced in the House on January 11, 2011
Currently residing in the House Committee on Judiciary

Summary: Computer crime


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body    Action Description with journal page number
12/14/2010   House   Prefiled
12/14/2010   House   Referred to Committee on Judiciary
 1/11/2011   House   Introduced and read first time (House Journal-page 85)
 1/11/2011   House   Referred to Committee on Judiciary (House Journal-page 85)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/14/2010
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 9                              A BILL
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11   TO AMEND SECTION 16-16-20, AS AMENDED, CODE OF
12   LAWS OF SOUTH CAROLINA, 1976, RELATING TO
13   COMPUTER CRIME OFFENSES, SO AS TO INCLUDE IN
14   THE PURVIEW OF THE OFFENSE OF COMPUTER CRIME
15   IN THE FIRST DEGREE THAT IT IS UNLAWFUL FOR A
16   PERSON TO DIRECTLY OR INDIRECTLY ACCESS A
17   COMPUTER OR COMPUTER NETWORK WITHOUT
18   PROPER AUTHORIZATION FOR THE PURPOSE OF
19   OBTAINING AND RELEASING STATE OR FEDERAL
20   CLASSIFIED OR CONFIDENTIAL INFORMATION TO THE
21   PUBLIC IN AN ELECTRONIC FORMAT OR OTHER FORM
22   OF MASS COMMUNICATION AND TO PROVIDE A
23   PENALTY.
24
25   Be it enacted by the General Assembly of the State of South
26   Carolina:
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28   SECTION 1. Section 16-16-20(1) and (2) of the 1976 Code, as
29   last amended by Act 339 of 2002, is further amended to read:
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31      “(1) It is unlawful for a person to wilfully, knowingly,
32   maliciously, and without authorization or for an unauthorized
33   purpose to:
34        (a) directly or indirectly access or cause to be accessed a
35   computer, computer system, or computer network for the purpose
36   of:
37           (i) devising or executing a scheme or artifice to defraud;
38           (ii) obtaining money, property, or services by means of
39   false or fraudulent pretenses, representations, promises; or
40           (iii) obtaining and releasing to the public in electronic
41   format, via the Internet, or in another form of mass


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 1   communication, information which is classified or defined as
 2   confidential pursuant to state or federal law; or
 3            (iv) committing any other crime.;
 4         (b) alter, damage, destroy, or modify a computer, computer
 5   system, computer network, computer software, computer program,
 6   or data contained in that computer, computer system, computer
 7   program, or computer network or introduce a computer
 8   contaminant into that computer, computer system, computer
 9   program, or computer network.
10       (2)(a) A person is guilty of computer crime in the first degree
11   if:
12            (i) the amount of gain directly or indirectly derived from
13   the offense made unlawful by subsection (1) or the loss directly or
14   indirectly suffered by the victim exceeds ten thousand dollars.; or
15            (ii) he violates the provisions of subsubitem (1)(a)(iii).
16         (b) Computer crime in the first degree pursuant to
17   subsubitem (2)(a)(i) is a felony and, upon conviction, a person
18   must be fined not more than fifty thousand dollars or imprisoned
19   not more than five years, or both. Computer crime in the first
20   degree pursuant to subsubitem (2)(a)(ii) is a felony and, upon
21   conviction, a person must be fined not more than one hundred
22   thousand dollars or imprisoned not more than ten years, or both.”
23
24   SECTION 2. The repeal or amendment by this act of any law,
25   whether temporary or permanent or civil or criminal, does not
26   affect pending actions, rights, duties, or liabilities founded thereon,
27   or alter, discharge, release or extinguish any penalty, forfeiture, or
28   liability incurred under the repealed or amended law, unless the
29   repealed or amended provision shall so expressly provide. After
30   the effective date of this act, all laws repealed or amended by this
31   act must be taken and treated as remaining in full force and effect
32   for the purpose of sustaining any pending or vested right, civil
33   action, special proceeding, criminal prosecution, or appeal existing
34   as of the effective date of this act, and for the enforcement of
35   rights, duties, penalties, forfeitures, and liabilities as they stood
36   under the repealed or amended laws.
37
38   SECTION 3. This act takes effect upon approval by the Governor.
39                            ----XX----
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