South Carolina Code of Laws
Chapter 30 - Interception Of Wire, Electronic, Or Oral Communications
Section 17-30-50. Penalty for violating Sections 17-30-20 through 17-30-45.

(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

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 17-30-25. Interception and disclosure of information by provider of wire or electronic communications service; exceptions when authorized by law.

Section 17-30-30. Interception by employee of Federal Communications Commission, by person acting under color or law, and when party has given prior consent.

Section 17-30-35. Lawful interceptions of electronic communications.

Section 17-30-40. Disclosure of content of communication by provider of electronic communication service.

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 17-30-55. Mailing or manufacturing devices for unlawful interception of wire, oral, or electronic communications.

Section 17-30-60. Seizure and forfeiture.

Section 17-30-65. Admissibility of contents of, or evidence derived from, intercepted communications; contents as public record.

Section 17-30-70. Orders authorizing interception; application process; agencies and individuals authorized to conduct interception.

Section 17-30-75. Disclosure of content of intercepted communication.

Section 17-30-80. Application for interception order; contents; establishing allegations of fact; additional evidence; basis for entry of order.

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 17-30-100. Recording, sealing, custody, and destruction of intercepted communications; notification of and inspection by parties to interception.

Section 17-30-105. Providing copies of intercepted communications to parties as prerequisite to receiving evidence; prejudice as factor in motions to waive time for providing copies and for continuance.

Section 17-30-110. Pretrial motion to suppress; grounds; appeals by State; exclusive remedy.

Section 17-30-115. Interception of communications; requirements relating to specifications of facilities; exceptions.

Section 17-30-120. Determination of facility as prerequisite to interception when facility not specified in order; petition by provider to modify or quash.

Section 17-30-125. On-scene orders to cut or divert telephone lines; grounds; administrative subpoena for production of certain subscriber or customer information; regulations; good faith reliance as defense.

Section 17-30-130. Reporting intercepted communications.

Section 17-30-135. Civil action for wrongful interceptions.

Section 17-30-140. Mobile tracking devices; contents of application for order authorizing use; standards for installation and monitoring; definition.

Section 17-30-145. Surveillance training requirements.