Harassment And Stalking
S.C. Code 16-3-1700 and S.C. Code 16-3-1730 — harassment in the first and second degree, stalking a felony, and a restraining order from the magistrate
Harassment is a pattern of intentional, substantial and unreasonable intrusion into a targeted person's private life that serves no legitimate purpose and causes, and would cause a reasonable person, mental or emotional distress. A pattern is two or more acts over any period, however short, showing a continuity of purpose.
- Second degree, which may include repeated verbal, written or electronic contact: a misdemeanor, up to $200 or thirty days.
- First degree, which may include following, contact after notice that it is unwanted, watching a home, work or school, and vandalism: a misdemeanor, up to $1,000 or three years.
- Stalking, a pattern of words or conduct meant to cause and causing fear of death, assault, bodily injury, sexual contact, kidnapping or property damage to the person or family: a felony, up to $5,000 or five years.
Those are the offenses and their base penalties. Each is punished more heavily when a restraining order was in effect or the person has a prior conviction of harassment or stalking within ten years, up to fifteen years for stalking.
A restraining order, no fee to file. Anyone may file a verified complaint in magistrates court for a restraining order against a person engaged in harassment or stalking, on the court's forms, without a filing fee, though the losing side is assessed one. The order lasts a fixed period of not less than one year and is enforceable throughout the state.
Within twenty-four hours of filing, the court may hold an emergency hearing and issue a temporary order without notice on a showing of present danger of bodily injury. The full hearing is held within fifteen days of filing and not sooner than five days after the defendant is served.
Conduct protected by the state or federal constitution, and officers, process servers and licensed private investigators doing their work, are outside the article. A particular charge or order is a question for a licensed South Carolina attorney.
Sources for this section (7)
- S.C. Code 16-3-1700 — Harassment and stalking; definitions
- S.C. Code 16-3-1710 — Penalties for conviction of harassment in the second degree
- S.C. Code 16-3-1720 — Penalties for conviction of harassment in the first degree
- S.C. Code 16-3-1730 — Penalties for conviction of stalking
- S.C. Code 16-3-1750 — Action seeking a restraining order against a person engaged in harassment or stalking
- S.C. Code 16-3-1760 — When temporary restraining orders may be granted without notice; hearing
- S.C. Code 16-3-1780 — Expiration of temporary restraining orders and restraining orders
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.