Except as otherwise specifically provided in this chapter, a person who commits any of the following acts is guilty of a felony and, upon conviction, must be punished as provided in Section 17-30-50 of this chapter:
(1) intentionally intercepts, attempts to intercept, or procures any other person to intercept or attempt to intercept any wire, oral, or electronic communication;
(2) intentionally uses, attempts to use, or procures any other person to use or attempt to use any electronic, mechanical, or other device to intercept any oral communication when:
(a) the device is affixed to or otherwise transmits a signal through a wire, cable, or other like connection used in wire communication; or
(b) the device transmits communications by radio or interferes with the transmission of the communication;
(3) intentionally discloses or attempts to disclose to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(4) intentionally uses or attempts to use the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(5) intentionally discloses or attempts to disclose to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by Section 17-30-70 or Section 17-30-95 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation and the disclosure is not otherwise authorized under this chapter; or
(6) intentionally uses, attempts to use, or procures any other person to use any electronic, mechanical, or other device or service that causes the telephone network to display a telephone number on a phone call recipient's caller identification display that is not the number of the originating device. This provision shall not apply to:
(a) the legitimate law enforcement use of this procedure by the South Carolina Law Enforcement Division;
(b) a person or entity that places a call and blocks or otherwise prevents the delivery of a telephone number to a call recipient's caller identification display;
(c) a person or entity that places an authorized call on behalf of another person or entity and inserts a telephone number identified with the person or entity on behalf of whom the call is being placed; or
(d) a communications service provider that delivers a call originated by another person or entity.
HISTORY: 2002 Act No. 339, Section 14, eff July 2, 2002; 2010 Act No. 270, Section 2, eff June 24, 2010.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 30 - Interception Of Wire, Electronic, Or Oral Communications
Section 17-30-10. Interception of wire, electronic, or oral communications authorized.
Section 17-30-15. Definitions.
Section 17-30-20. Prohibited acts.
Section 17-30-35. Lawful interceptions of electronic communications.
Section 17-30-45. Use of pen register or trap and trace device.
Section 17-30-50. Penalty for violating Sections 17-30-20 through 17-30-45.
Section 17-30-60. Seizure and forfeiture.
Section 17-30-75. Disclosure of content of intercepted communication.
Section 17-30-85. Information to be specified in order.
Section 17-30-90. Duration and termination of interception; reports to authorizing judge.
Section 17-30-95. Interception prior to obtaining order; oral notification of judge in emergency.
Section 17-30-110. Pretrial motion to suppress; grounds; appeals by State; exclusive remedy.
Section 17-30-130. Reporting intercepted communications.