(A) Except as provided in subsection (B), whoever violates the provisions of Sections 17-30-20 through 17-30-45, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both.
(B) If the offense is a first offense under this chapter and is not for any unlawful purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication with respect to which the offense under this chapter was committed is a radio communication that is not scrambled, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of the communication, then:
(1) if the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, and the conduct is not that described in Section 17-30-35(7), the person committing the offense is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than one thousand dollars, or both;
(2) if the communication is the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, the person committing the offense is guilty of a misdemeanor, and must, upon conviction, be fined not more than one thousand dollars for each violation.
HISTORY: 2002 Act No. 339, Section 14, eff July 2, 2002.
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.