South Carolina Stalking Laws


Code Section
16-3-1700. et. seq

Defined As
Pattern of words or conduct that causes fear of death, assault, bodily injury, criminal sexual contact, kidnapping, or property damage to victim or victim’s family member. Aggravated stalking is stalking accompanied by an act of violence

Punishment/Classification
Misdemeanor punishable by maximum fine of $1,000 and/or maximum prison term of 1 year. If injunction or order: misdemeanor punishable by maximum fine of $2,000 and/or maximum prison term of 2 years. Aggravated stalking is a felony punishable by maximum fine of $5,000 and/or maximum prison term of 5 years. Engaging in aggravated stalking when there is an injunction or order: felony with maximum fine of $7,000 and/or maximum prison term of 10 years. Note: Other criminal and civil remedies may be available.

Repeat Offense
Stalking: If within 7 years, considered felony with maximum fine of $5,000 and/or maximum prison term of 5 years. Aggravated stalking: If within 7 years, considered felony with maximum fine of $10,000 and/or maximum prison term of 15 years

Arrest or Restraining Order Specifically Authorized by Statute?
Restraining order authorized, police may arrest someone for violating a restraining order without a warrant

Constitutionally Protected Activities Exempted?
Constitutionally protected activity is not included within the meaning of “course of conduct”