§ 16-3-1710 — Penalties for conviction of harassment in the second degree.

(A) Except as provided in subsection (B), a person who engages in harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both. (B) A person convicted of harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both if: (1) the person has a prior conviction of harassment or stalking within the preceding ten years; or (2) at the time of the harassment an injunction or restraining order, including a restraining order issued by the family court, was in effect prohibiting the harassment. (C) In addition to the penalties provided in this section, a person convicted of harassment in the second degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both.

Legislative History

HISTORY: 1995 Act No. 94, SECTION 1; 1996 Act No. 458, Part II, SECTION 31B; 2005 Act No. 106, SECTION 7, eff January 1, 2006; 2013 Act No. 99, SECTION 2, eff June 20, 2013.