(A) A person may not, directly or indirectly, give, offer, or promise anything of value to a public official, public member, or public employee with the intent to:
(1) influence the discharge of a public official's, public member's, or public employee's official responsibilities;
(2) influence a public official, public member, or public employee to commit, aid in committing, collude in, or allow fraud on a governmental entity; or
(3) induce a public official, public member, or public employee to perform or fail to perform an act in violation of the public official's, public member's, or public employee's official responsibilities.
(B) A public official, public member, or public employee may not, directly or indirectly, knowingly ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value for himself or for another person in return for being:
(1) influenced in the discharge of his official responsibilities;
(2) influenced to commit, aid in committing, collude in, allow fraud, or make an opportunity for the commission of fraud on a governmental entity; or
(3) induced to perform or fail to perform an act in violation of his official responsibilities.
(C) A person may not, directly or indirectly, give, offer, or promise to give anything of value to another person with intent to influence testimony under oath or affirmation in a trial or other proceeding before:
(1) a court;
(2) a committee of either house or both houses of the General Assembly; or
(3) an agency, commission, or officer authorized to hear evidence or take testimony or with intent to influence a witness to fail to appear.
(D) A person may not, directly or indirectly, ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value in return for influencing testimony under oath or affirmation in a trial or other proceeding before:
(1) a court;
(2) a committee of either house or both houses of the General Assembly; or
(3) an agency, commission, or officer authorized to hear evidence or take testimony, or with intent to influence a witness to fail to appear.
(E) Subsections (C) and (D) of this section do not prohibit the payment or receipt of witness fees provided by law or the payment by the party on whose behalf a witness is called and receipt by a witness of the reasonable costs of travel and subsistence at trial, hearing, or proceeding, or, in the case of an expert witness, of the reasonable fee for time spent in the preparation of the opinion and in appearing or testifying.
(F) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be punished by imprisonment for not more than ten years and a fine of not more than ten thousand dollars and is permanently disqualified from being a public official or a public member. A public official, public member, or public employee who violates the provisions of this section forfeits his public office, membership, or employment.
(G) This section does not apply to political contributions unless the contributions are conditioned upon the performance of specific actions of the person accepting the contributions nor does it prohibit a parent, grandparent, or other close relative from making a gift to a child, grandchild, or other close relative for love and affection except as otherwise provided.
HISTORY: 1991 Act No. 248, Section 3, eff January 1, 1992 and governs only transactions which take place after December 31, 1991.
Structure South Carolina Code of Laws
Title 8 - Public Officers and Employees
Chapter 13 - Ethics, Government Accountability, And Campaign Reform
Section 8-13-100. Definitions.
Section 8-13-120. Fee for education and training programs.
Section 8-13-150. Carrying forward unexpended lobbyists and lobbyist's principals registration fees.
Section 8-13-320. Duties and powers of State Ethics Commission.
Section 8-13-322. Prohibited contacts during pendency of investigation or open complaint.
Section 8-13-325. Commission to retain fees.
Section 8-13-340. Annual report of commission.
Section 8-13-350. Ethics brochure to be provided to public officials, members, and employees.
Section 8-13-365. Electronic filing system for disclosures and reports; public accessibility.
Section 8-13-510. Creation of ethics committees; committee membership; terms; filling vacancies.
Section 8-13-520. Duty to recommend changes in ethics laws and rules.
Section 8-13-530. Additional powers and duties of committee.
Section 8-13-535. Issuance of ethics advisory opinions.
Section 8-13-550. Consideration of report of committee by House or Senate; action; public record.
Section 8-13-795. Receipt of award, grant, or scholarship by public official or family member.
Section 8-13-920. Report of campaign expenditures.
Section 8-13-930. Seeking or offering pledges of votes for candidates.
Section 8-13-935. Public Service Commission election requirements; violations and penalties.
Section 8-13-1110. Persons required to file statement of economic interests.
Section 8-13-1120. Contents of statement of economic interests.
Section 8-13-1130. Report on names of, and purchases by, lobbyists.
Section 8-13-1140. Filing of updated statement.
Section 8-13-1150. Filing of statement by certain consultants.
Section 8-13-1300. Definitions.
Section 8-13-1302. Maintenance of records of contributions, contributors, and expenditures.
Section 8-13-1306. Contents of statement of organization.
Section 8-13-1308. Filing of certified campaign reports by candidates and committees.
Section 8-13-1309. Certified campaign reports; filing; contents.
Section 8-13-1312. Campaign bank accounts.
Section 8-13-1314. Campaign contribution limits and restrictions.
Section 8-13-1322. Dollar limits on contributions to committees.
Section 8-13-1324. Anonymous campaign contributions.
Section 8-13-1326. Loans to candidates considered contributions; limitations; exceptions.
Section 8-13-1328. Limits on repayment of loans from candidate or family members to campaign.
Section 8-13-1330. Contributions by spouses or parent and child.
Section 8-13-1332. Unlawful contributions and expenditures.
Section 8-13-1333. Soliciting contributions from the general public.
Section 8-13-1338. Persons prohibited from soliciting contributions.
Section 8-13-1356. Economic interests statements, filing deadlines for particular candidates.
Section 8-13-1358. Format of certified campaign reports.
Section 8-13-1360. Contribution and expenditure reporting form; contents.
Section 8-13-1364. Sending of notice of obligation to report and forms.
Section 8-13-1366. Public availability of certified campaign reports.
Section 8-13-1372. Technical violations of rules on campaign reports.
Section 8-13-1374. Richland County designated as site of failure to file.