(A) A civil cause of action is created in favor of the State of South Carolina, a county, municipality, or another political subdivision, or an agency or instrumentality of them, that sustains any damage, impairment, or injury proximately caused by a pattern of criminal gang activity as defined in this article, or the commission of a criminal act for the purpose of benefiting, promoting, or furthering the interests of a criminal gang. The cause of action created by this section may be brought against a criminal gang, a criminal gang member, or any other person who intentionally directs, participates, conducts, furthers, or assists in the commission of a pattern of criminal gang activity, or any other person who commits a criminal act or delinquency for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.
(B) Except as provided in this section, an action for injunction, damages, or other relief filed pursuant to this section must proceed according to the common law, statutory provisions relating to civil remedies and procedures, and the rules of civil procedure established for the circuit court.
(C) For purposes of venue, an action under this section for the recovery of damages may be brought in the county where the wrongful conduct occurred, or in the county where the damages were sustained. An action to enjoin the commission of an offense or an unlawful act may be brought in the county where the wrongful conduct occurred or may occur. For purposes of service of process, service of process upon a member of a criminal gang or a person representing a criminal gang member by appointment of court, operation of law, or mandate constitutes adequate service upon a criminal gang.
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.