(A) It is unlawful for a criminal gang member by threat or force to:
(1) prevent a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law that concerns or relates to any criminal activity; or
(2) attempt to prevent a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law that concerns or relates to any criminal activity.
(B) A criminal gang member who violates a provision of this section is guilty of a felony and, upon conviction, must be punished by a fine of not more than ten thousand dollars or imprisoned for not more than ten years, or both.
(C) A person who has been coerced, intimidated, threatened, or injured in violation of this section has a civil cause of action against a criminal gang or criminal gang member violating this section for treble the amount of his actual damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs from the criminal gang or criminal gang member.
(D) Nothing in this section limits prosecution under any other provision of law.
HISTORY: 2007 Act No. 82, Section 5, eff June 12, 2007.
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Promoting Civil Disorder
Section 16-8-20. Teaching or demonstrating use of or making of destructive device; penalties.
Section 16-8-210. Citation of article.
Section 16-8-230. Definitions.
Section 16-8-240. Use of or threat of physical violence by criminal gang member; penalties.
Section 16-8-260. Seizure of firearms, ammunition, electronic records, or money; forfeiture actions.
Section 16-8-280. Identity of informant exempt from disclosure.
Section 16-8-290. Notification of police or sheriff of release of criminal gang member from prison.
Section 16-8-310. Local ordinances.
Section 16-8-320. Access to and maintenance of records of criminal gang activity.
Section 16-8-330. Development and management of statewide criminal gang database.
Section 16-8-340. Community anti-gang matching grants program.