Law / United States / South Carolina
South Carolina Computer Crime Act
S.C. Code Ann. §§ 16-16-10 to 16-16-40
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 2 July 2002.
A computer misuse rule binding public and private bodies.
As of 6 September 2026.
What it requires
- Ordinary, non-deceptive automated access to a South Carolina-connected public page does not by itself violate this chapter; the felony and misdemeanor offenses require accessing a computer, computer system, or computer network wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose, for the stated wrongful ends.
- Do not access, or cause to be accessed, a computer, computer system, or computer network without authorization to devise a scheme to defraud, obtain money or property by false pretenses, commit another crime, or to alter, damage, destroy, or modify data, programs, or software, or to introduce a computer contaminant.
- Do not engage in computer hacking, defined to include accessing a computer without express or implied authorization, using a port scanner or probe without permission, or using a computer, computer system, or computer network in a manner that exceeds any right or permission its owner granted; this is a separate misdemeanor offense regardless of any financial gain or loss.
- If you are convicted under this chapter, expect a separate civil action from the owner or lessee of the affected computer system for compensatory damages, restitution, and attorney's fees; this civil remedy does not arise independently of a criminal conviction.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Computer crime in the first degree, where the gain or loss exceeds ten thousand dollars, is a felony punishable by a fine of not more than fifty thousand dollars or imprisonment of not more than five years, or both. Computer crime in the second degree, covering gain or loss between one thousand and ten thousand dollars or specified conduct such as denial of service or deprivation of possession, is a misdemeanor punishable on a first offense by a fine of not more than ten thousand dollars or imprisonment of not more than one year, or both, rising to twenty thousand dollars or two years for a second or subsequent offense. Computer crime in the third degree, covering gain or loss of one thousand dollars or less, or computer hacking without regard to gain or loss, is a misdemeanor punishable on a first offense by a fine of not more than two hundred dollars or imprisonment of not more than thirty days, rising to two thousand dollars or two years for a second or subsequent offense.
Penalty structure
The fifty-thousand-dollar maximum fine applies to computer crime in the first degree. Computer crime in the second degree carries a lower cap of ten thousand dollars for a first offense, rising to twenty thousand dollars for a second or subsequent offense; computer crime in the third degree carries a cap of two hundred dollars for a first offense, rising to two thousand dollars for a second or subsequent offense.
- Rule
- Fixed only
- As of
- 6 September 2026
- Currency
- USD
- Fixed cap
- 50,000
Who enforces it
Enforcement body
Criminal prosecution proceeds through the ordinary state criminal process; the civil compensatory-damages action under Section 16-16-25 is privately enforced by the owner or lessee of the affected system, and runs only after a criminal conviction.
What it reaches
Obligation class
Access restriction
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Sections 16-16-10 through 16-16-40 make it unlawful to wilfully, knowingly, and maliciously access a computer, computer system, or computer network without authorization or for an unauthorized purpose to devise a scheme to defraud, obtain money or property by fraud, commit another crime, or to alter, damage, destroy, or modify data, programs, software, or operation, or introduce a computer contaminant; a separate misdemeanor, computer hacking, reaches unauthorized access, port scanning, or exceeding a granted permission regardless of financial gain or loss.
The offense is graded in three degrees by the dollar amount of gain or loss, from a felony (first degree, gain or loss exceeding ten thousand dollars) down to a misdemeanor (third degree, gain or loss of one thousand dollars or less, or computer hacking alone), and each computer, system, or network affected by a violation is a separate offense.
The owner or lessee of an affected computer system may also bring a civil action for compensatory damages, restitution, and attorney's fees, but only against a person already convicted under this chapter.
When LexLint raises it
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