South Carolina § 16-3-1040 Threatening life, person or family of public official or public employee; punishment.

South Carolina Statutes

§ 16-3-1040 — Threatening life, person or family of public official or public employee; punishment.

South Carolina § 16-3-1040

Title 16CRIMES AND OFFENSES

Ch. 3OFFENSES AGAINST THE PERSON

This text of South Carolina § 16-3-1040 (Threatening life, person or family of public official or public employee; punishment.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 16-3-1040 (2026).

Text

(A)It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities.

(B)It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to

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(A) It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities. (B) It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities. (C) A person who violates the provisions of subsection (A), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both. (D) A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. (E) For purposes of this section: (1) "Public official" means an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State. (2) "Public employee" means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a "public employee" does not include a teacher or principal of an elementary or secondary school. (3) "Immediate family" means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee.

Legislative History

HISTORY: 1982 Act No. 299; 1990 Act No. 579, SECTION 8; 1998 Act No. 435, SECTION 1. Editor's Note 1990 Act No. 579, SECTION 7 eff June 12, 1990, provides as follows: "This act may be cited as the 'Safe Schools Act of 1990'."