Term
| Define Family under S.C. Code 16-3-1700(E) as it relates to Harassment and Stalking. |
|
Definition
- A spouse
- child
- parent
- sibling
- or any other person who regularly resides in the same household as the targeted person
|
|
|
Term
| Define Pattern according to S.C. Code 16-3-1700(D) as it relates to Harassment and Stalking. |
|
Definition
- Two or more acts,
- occuring over a period of time, however short;
- evidencing a continuity of purpose
|
|
|
Term
| Define Electronic Contact under S.C. Code 16-3-1700(F) as it relates to Harassment and Stalking. |
|
Definition
- Any transfer of: signs, signals, writings, images, sounds, data, intelligence, or information of any nature
- Transmitted, in whole or in part, by any: device, system, or mechanism, including but not limited to:
- a wire, radio, computer, electromagnetic system, photoelectric system, or photo-optical system
|
|
|
Term
Provide the following criteria for the given crime:
(Do not include Enhanced Punishments)
Crime: Harassment, First Degree
Class: ?
Punishment: ?
|
|
Definition
|
|
Term
Provide the following criteria for the given crime:
(Do not include Enhanced Punishments)
Crime: Harassment, Second Degree
Class: ?
Punishment: ? |
|
Definition
Crime: Harassment, Second Degree
Class: Misdemeanor
Punishment: Not more than $200 AND/OR not more than 30 days |
|
|
Term
Provide the following criteria for the given crime:
(Do not include Enhanced Punishments)
Crime: Stalking
Class: ?
Punishment: ? |
|
Definition
|
|
Term
| At what point does Harassment, First Degree become a Felony? |
|
Definition
| When suspect has had a prior conviction of Harassment or Stalking within the last 10 years, and all other elements are met |
|
|
Term
| At what point does Harassment, Second Degree become a Felony? |
|
Definition
| It does not have a Felony class associated with it, only Harassment, First Degree |
|
|
Term
At what point does Stalking become:
|
|
Definition
| For general purposes, Stalking always carries a Felony charge |
|
|
Term
| Provide some examples of common Stalking/Harassment behaviors. |
|
Definition
*This is not a complete list*
-
Trespassing
-
Burglary
-
Repeat phone calls
-
Threatening mail/e-mail
-
Vandalism/Property damage
-
Disabling alarm system
-
Giving unwanted gifts
-
Planting listening devices
-
Disabling communication devices
|
|
|
Term
| According to S.C. Code 16-3-1810, what is the primary duty of law enforcement as it relates to Harassment/Stalking? |
|
Definition
| Enforce the law and protect the complainant |
|
|
Term
| True/False: A law enforcement officer with knowledge of the circumstances may sign a warrant in place of the victim for a person alleged to have committed a harassment or stalking offense. |
|
Definition
|
|
Term
| Prior to setting bail for a person charged with Harassment First or Second degree or Stalking, a magistrate judge may order what? |
|
Definition
| The person to undergo a mental health evaluation |
|
|
Term
| Before sentencing a person convicted of Harassment First or Second degree or Stalking, the court may order? |
|
Definition
| The convicted person to undergo a mental health evaluation |
|
|
Term
| If a mental health evaluation results in the unsupervised release of the person, when should the victim by notified? |
|
Definition
| Prior to the person's release |
|
|
Term
| True/False: Muncipal and Magistrate judges have jurisdiction to issue restraining orders |
|
Definition
|
|
Term
| What judge has jurisdiction to issue restraining orders at all times? |
|
Definition
|
|
Term
| If good cause is shown, what is the time frame for getting an emergency hearing after filing a complaint and motion for a restraining order? |
|
Definition
|
|
Term
| True/False: The plaintiff must request an emergency hearing. |
|
Definition
|
|
Term
| If a temporary restraining order is granted without notice, the defendant must be served within how many days of the hearing? |
|
Definition
|
|
Term
| If the court denies the motion for an emergency hearing, the Court has how many days to hold a regular hearing on a motion for a restraining order? |
|
Definition
| Within 15 days of the filing of a complaint and motion |
|
|
Term
| How long is a temporary restaining order good for? |
|
Definition
- Effective until the hearing on the Rule to Show Cause
- Or for a fixed period not to exceed 1 year
|
|
|
Term
| How long is a regular restraining order good for? |
|
Definition
| Effective for a fixed period of time not to exceed 1 year |
|
|
Term
| Can Restraining Orders be extended? |
|
Definition
|
|
Term
| True/False: The defendant is not entitled to a hearing on the extension of a restraining order |
|
Definition
|
|
Term
| If a trial has been set, how long is the restraining order in effect? |
|
Definition
| Until the conclusion of the trial |
|
|
Term
| True/False: It is mandatory for law enforcement officers to arrest a defendant who is acting in violation of a restraining order after service and notice of the order is provided. |
|
Definition
|
|
Term
| True/False: If a person reports acts of harassment/stalking files a criminal complaint, requests a restraining order or participates in judical proceedings against a suspect, there is a rebuttable presumption that they were acting in good faith. |
|
Definition
|
|
