SOUTH CAROLINA
TITLE 16 CRIMES AND OFFENSES
CHAPTER 16 Computer Crime Act
16-16-10. Definitions. For purposes of this chapter:
(a) "Computer" means an electronic device that performs logical, arithmetic, and memory
functions by manipulating electronic or magnetic impulses, and includes all input, output, processing,
storage, computer software, and communication facilities that are connected or related to a computer in
a computer system or computer network but does not include any computer or other electronic device
designed and manufactured for, and which is used exclusively for routine personal, family, or household
purposes and which is not used to access, to communicate with, or to manipulate any other computer.
(b) "Computer network" means the interconnection of communications lines, or any other
communications facilities, with a computer through remote terminals, or a system consisting of two or more
interconnected computers.
(c) "Computer program" means a series of instructions or statements executable on a
computer which directs the computer system in a manner to process data or perform other specified
functions.
(d) "Computer software" means a set of computer programs, data, procedures, or associated
documentation concerned with the operation of a computer system.
(e) "Computer system" means a set of related, connected or unconnected, computer
equipment, devices, or software.
(f) "Property" means and includes, but is not limited to, financial instruments, data,
computer software, documents associated with computer systems, and computer software, or copies
thereof, whether tangible or intangible, including both human and computer system readable data, and
data while in transit.
(g) "Services" means and includes, but is not limited to, the use of the computer system,
computer network, computer programs, or data prepared for computer use, or data obtained within a
computer system, or data contained within a computer network.
(h) "Data" means a representation of information, knowledge, facts, concepts, or
instructions that has been prepared or is being prepared in a formalized manner and has been processed,
is being processed, or is intended to be processed in a computer, computer system, or computer network.
Data may be in any form including, but not limited to, computer printouts, magnetic storage media,
punched cards, or as stored in the memory of the computer or in transit or displayed on a video device.
(i) "Access" means to instruct, communicate with, attempt to communicate with, store data
in, retrieve data from, or otherwise make use of or attempt to make use of any resources of a computer,
computer system, or computer network.
(j) "Computer hacking" means accessing all or part of a computer, computer system, or a
computer network for the purpose of establishing contact only without the intent to defraud or commit
any other crime after such contact is established and without the use of computer-related services except
such services as may be incidental to establishing contact.
16-16-20. Offenses; penalties.
(1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for
an unauthorized purpose to do any of the following:
(a) directly or indirectly access or cause to be accessed a computer, computer system, or
computer network for the purpose of:
(i) devising or executing any scheme or artifice to defraud;
(ii) obtaining money, property, or services by means of false or fraudulent
pretenses, representations, promises; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify a computer, computer system, computer network,
computer software, computer program, or data contained in such computer, computer system, computer
program, or computer network.
(2) A person is guilty of computer crime in the first degree if the amount of gain directly or
indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly
suffered by the victim exceeds twenty-five thousand dollars. Computer crime in the first degree is a felony
and, upon conviction, a person must be fined not more than one hundred twenty-five thousand dollars or
imprisoned not more than ten years, or both.
(3) (a) A person is guilty of computer crime in the second degree if the amount of gain directly
or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly
suffered by the victim is greater than one thousand dollars but not more than twenty-five thousand dollars.
(b) A person is also guilty of computer crime in the second degree where:
(i) he interferes with, causes to be interfered with, denies or causes to be denied
any computer service to an authorized user of the computer service for the purpose of devising or
executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false
or fraudulent pretenses, representations, or promises, or committing any other felony;
(ii) he deprives the owner of possession of, or takes, transfers, conceals, or retains
possession of any computer, data, computer property, or computer-related property, including all parts of
a computer, computer system, computer network, computer software, computer services, or information
associated with a computer, whether in a tangible or intangible form; or
(iii) the gain derived from the offense made unlawful by subsection (1) or loss
suffered by the victim cannot reasonably be ascertained.
(c) Computer crime in the second degree is a misdemeanor and, upon conviction, for a first
offense, a person must be fined not more than fifty thousand dollars or imprisoned not more than three
years, or both. Upon conviction for a second or subsequent offense, a person is guilty of a felony and must
be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(4) A person is guilty of computer crime in the third degree if the amount of gain directly or
indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly
suffered by the victim is not more than one thousand dollars. A person is also guilty of computer crime
in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose
engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction,
for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than
thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two
thousand dollars or imprisoned not more than two years, or both.
16-16-30. Venue.
For the purpose of venue under this chapter, any violation of this chapter shall be considered to
have been committed in the county in which the violation took place; provided, that upon proper motion
and the proper showing before a judge, venue may be transferred if justice would be better served by such
transfer, to one of the following:
(1) In any county in which any act was performed in furtherance of any transaction which
violated this chapter;
(2) In the county of the principal place of business in this State of the owner or lessee of
a computer, computer system, computer network, or any part thereof which has been subject to the
violation; or
(3) Any county in which any violator had control or possession of any proceeds of the
violation or of any books, records, documents, property, financial instrument, computer software, computer
program, or other material or objects which were used in the furtherance of the violation.
16-16-40. Applicability of other criminal law provisions.
The provisions of this chapter must not be construed to preclude the applicability of any other
provision of the criminal law of this State, which presently applies or may in the future apply, to any
transaction which violates this chapter.