SOUTH CAROLINA
TITLE:	COMPUTER CRIME ACT
DEFINITIONS:	¤ 16-16-10.  DEFINITIONS

For the 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 display 
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.
OFFENSES:  	¤ 16-16-20.  [NOT SPECIFICALLY TITLED IN 
STATUTE]
ELEMENTS:	¤ 16-16-20.  [NOT SPECIFICALLY TITLED IN 
STATUTE]

(1)  It is unlawful for any 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 any computer, computer system, or 
computer network for the purpose of (i) devising 
or executing any scheme or artifice to defraud, or 
(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 any 
computer, computer system, computer network, 
computer software, computer program, or data 
contained in such computer, computer system, 
computer program, or computer network.
PENALTIES:	¤ 16-16-20.  [NOT SPECIFICALLY TITLED IN 
STATUTE]

(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 thereof, a 
person must be punished by a fine of not more 
than one hundred twenty-five thousand dollars or 
imprisonment for 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 any authorized 
user of such 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 
felony and, upon conviction thereof, for a first 
offense, a person must be punished by a fine of 
not more than fifty thousand dollars or 
imprisonment for not more than three years or 
both.  Upon conviction for a second or subsequent 
offense, a person must be punished by a fine of 
not more than fifty thousand dollars or 
imprisonment for not more than seven 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 does not exceed one 
thousand dollars.  A person is also guilty of 
computer crime in the third degree if 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 thereof, for a 
first offense, a person must be punished by a fine 
of not more than two hundred dollars or 
imprisonment for not more than thirty days.  Upon 
conviction for a second or subsequent offense, a 
person must be punished by a fine of not more 
than two thousand dollars or imprisonment for not 
more than two years, or both.
VENUE:	¤ 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 of 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.
CIVIL REMEDY:	No reference to civil remedy.
MISCELLANEOUS:	¤ 16-1-640.  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.
CITATION:	S.C. Code Ann. ¤ 16-16-10 thru 16-16-40.  
SOURCE:	1984 Act No. 442, ¤ 2.