Criminal Gang and Anti-Racketeering

2025-2026 Bill 5062: Criminal Gang and Anti-Racketeering - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5062
STATUS INFORMATION
General Bill
Sponsors: Reps. Robbins, Gatch, T. Moore, C. Mitchell, Yow, M.M. Smith, Davis, Pope, Calhoon, Cox, Jordan, Brittain and Brewer
Document Path: LC-0217AHB26.docx
Introduced in the House on January 29, 2026
Currently residing in the House Committee on
Judiciary
Summary: Criminal Gang and Anti-Racketeering
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/29/2026

House

Introduced and read first time (
House Journal-page 14
)

1/29/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 14
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/29/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
16-8-230
, RELATING TO DEFINITIONS FOR THE PURPOSES OF THE CRIMINAL GANG
PREVENTION ACT, SO AS TO REVISE THE DEFINITIONS; BY AMENDING SECTION
16-8-240
,
RELATING TO USE OF OR THREAT OF PHYSICAL VIOLENCE BY CRIMINAL GANG MEMBERS AND
PENALTIES, SO AS TO REVISE THE STATUTE AND ESTABLISH UNLAWFUL CRIMINAL GANG
ACTIVITY OFFENSES; BY ADDING SECTION
16-8-245
SO AS TO PROVIDE ADMISSIBILITY OF
CRIMINAL GANG AND CRIMINAL GANG ACTIVITY EVIDENCE DURING A TRIAL OR PROCEEDING;
BY AMENDING SECTION
16-8-250
, RELATING TO PREVENTING WITNESSES OR VICTIMS FROM
TESTIFYING AND PENALTIES, SO AS TO PROVIDE A MECHANISM TO ABATE A PUBLIC
NUISANCE OF REAL PROPERTY USED BY A CRIMINAL GANG; BY ADDING SECTION
16-8-275

SO AS TO PROVIDE ADMISSIBILITY IN A CRIMINAL PROCEEDING OF THE ACCUSED'S
COMMISSION OF CRIMINAL GANG ACTIVITY; BY ADDING ARTICLE 5 TO CHAPTER 8, TITLE
16 SO AS TO ENACT THE "ANTI-RACKETEERING ACT", TO PROVIDE APPROPRIATE
DEFINITIONS FOR THE ANTI-RACKETEERING ACT, TO PROVIDE IT IS UNLAWFUL FOR ANY
PERSON TO ENGAGE IN RACKETEERING ACTIVITY, TO PROVIDE CRIMINAL PENALTIES FOR
ENGAGING IN RACKETEERING ACTIVITY, TO PROVIDE THAT THE CIRCUIT COURT MAY ENJOIN
VIOLATIONS OF THE ANTI-RACKETEERING ACT BY ISSUING APPROPRIATE ORDERS, TO
ESTABLISH JURISDICTION FOR RACKETEERING ACTIVITY, AND TO PROVIDE PROTECTION
FROM DISCLOSURE OF INFORMANTS; AND BY AMENDING SECTION
14-7-1630
, RELATING TO
THE JURISDICTION OF THE STATE GRAND JURY, AMONG OTHER THINGS, SO AS TO ADD THE
CRIME OF RACKETEERING TO THE JURISDICTION OF THE STATE GRAND JURY.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
16-8-230
of the S.C. Code is amended to read:

S
ection
16-8-230
.
A
s used in this article:

(
1)
"Contraband" means any real or personal property, including money, that is
owned by, in the possession of, or subject to the control of a criminal gang
member and which is acquired by, derived from, or traceable to criminal gang
activity.

(
2) "Criminal gang" means a formal or
informal ongoing organization, association, or group that consists of five or
more persons who form for the purpose of committing criminal activity and who
knowingly and actively participate in a pattern of criminal gang activity.

(
3) "Criminal gang member" means an
individual who is an active member of a criminal gang.

(
4) "Pattern of criminal gang activity"
means the commission or attempted commission of, commission as an accessory
before or after the fact to, or solicitation or conspiracy to commit, by a
criminal gang member, while knowingly and actively participating in criminal
gang activity, four or more of the following offenses occurring within a
two-year period, provided that at least three of these offenses occurred after
July 1, 2007:

(
a) a violent offense as defined in
Section
16-1-60
committed as a part of criminal gang activity;

(
b) financial transaction card crimes
as defined in Chapter 14 of Title 16 committed as a part of criminal gang
activity;

(
c) first degree lynching as defined in
Section
16-3-210
committed as a part of criminal gang activity;

(
d) second degree lynching as defined
in Section
16-3-220
committed as a part of criminal gang activity;

(
e) breaking into a motor vehicle as
defined in Section
16-13-160
committed as a part of criminal gang activity;

(
f) grand larceny as defined in Section
16-13-30
committed as a part of criminal gang activity;

(
g) blackmail as defined in Section
16-17-640
committed as a part of criminal gang activity;

(
h) malicious injury to property as
defined in Sections
16-11-510
,
16-11-520
,
16-11-530
, and
16-11-535
committed as
a part of criminal gang activity;

(
i) drug offense as defined in Sections
44-53-370
and
44-53-375
committed as a part of criminal gang activity;

(
j) harassment, stalking, or aggravated
stalking as defined in Article 17, Chapter 3 of Title 16 committed as a part of
criminal gang activity;

(
k) pointing a firearm at any person as
defined in Section
16-23-410
committed as a part of criminal gang activity;

(
l) discharging a firearm at or into
dwellings, structures, enclosures, vehicles, or equipment as defined in Section
16-23-440
committed as a part of criminal gang activity;

(
m) the common law offense of assault
and battery of a high and aggravated nature committed as a part of criminal
gang activity; or

(
n) the common law offense of
obstruction of justice committed as a part of criminal gang activity.

(
5) "Gang-related incident" means an
incident that, upon investigation, meets any of the following conditions:

(
a) the participants are identified as
criminal gang members acting collectively to further a criminal purpose of the
criminal gang;

(
b) a reliable informant identifies an
incident as criminal gang activity based upon first-hand knowledge or personal
observation; or

(
c) a person other than a reliable
informant provides information that identifies an incident as criminal gang
activity, and it is corroborated by independent information

(
2) "Criminal gang activity" means any
act to commit or attempt to commit, to aid or conspire to commit, or to
solicit, coerce, or intimidate another person to commit or attempt to commit,
to aid or to conspire to commit a crime that is chargeable by indictment, in
this State, any other state or federal jurisdiction any of the following
offenses:

(
a) financial transaction card crimes
as defined in Chapter 14, Title 16;

(
b) assault or battery crimes as
defined in Chapter 3, Title 16;

(
c) breaking into a motor vehicle as
defined in Section
16-13-160
;

(
d) grand larceny as defined in Chapter
13, Title 16;

(
e) blackmail as defined in Section
16-17-640
;

(
f) common law extortion;

(
g) malicious injury to property as
defined in Sections
16-11-510
,
16-11-520
,
16-11-530
, and
16-11-535
;

(
h) drug offense as defined in Title 44
and punishable by imprisonment for more than one year;

(
i) harassment, stalking, or aggravated
stalking as defined in Article 17, Chapter 3, Title 16;

(
j) any offense relating to financial
identity fraud or theft or identity fraud or theft as defined in Article 2,
Chapter 13, Title 16 and Section
16-11-725
;

(
k) a violation of the Computer Crime
Act as defined in Chapter 16, Title 16;

(
l) organized retail crime as defined
in Section
16-13-135
;

(
m) common law obstruction of justice;

(
n) any offense that carries a
potential penalty of five years or more imprisonment;

(
o) any offense relating to escape and
other offenses related to confinement;

(
p) any offense relating to the
security of state or county correctional facilities;

(
q) any offense of criminal trespass or
criminal damage to property resulting from any act of gang-related painting on,
tagging, marking on, writing on, or creating any form of graffiti on the
property of another;

(
r) any criminal offense committed in
violation of the laws of the United States or its territories, dominions, or
possessions, any of the several states, or any foreign nation which, if
committed in this State, would be considered criminal gang activity pursuant to
this section; and

(
s) any criminal offense in this State,
any other state, or the United States that involves violence, possession of a
weapon, or use of a weapon, whether designated as a felony or not, and
regardless of the maximum sentence that could be imposed or actually was
imposed.

(
3) "Criminal gang" means any formal or
informal organization, association, group that consists of three or more
persons that has as one of its primary purposes the commission of one or more
of the offenses listed in item (1). The existence of such organization,
association, or group of individuals associated in fact may be established by
evidence of a common name or common identifying signs, symbols, tattoos,
graffiti, or attire or other distinguishing characteristics including, but not
limited to, common activities, customs, or behaviors.

S
ECTION 2.
S
ection
16-8-240
of the S.C. Code is amended to read:

S
ection
16-8-240
.
(
A)
It
is unlawful for a criminal gang member to use or threaten to use physical
violence against another person with the intent to coerce, induce, or solicit
that person or another person to actively participate in criminal gang
activity, or to prevent another criminal gang member from withdrawing from or
leaving a criminal gang. A criminal gang member who violates the provisions of
this subsection is guilty of a misdemeanor and, upon conviction for a first
offense, must be fined not more than one thousand dollars or imprisoned not
more than two years, or both. A criminal gang member convicted for a second or
subsequent offense pursuant to this subsection is guilty of a felony and, upon
conviction, must be fined not more than five thousand dollars or imprisoned for
not more than five years, or both.

(
B) A criminal gang member who uses a
firearm, any other deadly weapon, or physical violence to coerce, induce, or
solicit another person to actively participate in a criminal gang, or to
prevent another criminal gang member from withdrawing or leaving a criminal
gang, in addition to the punishment prescribed in subsection (A), may be
punished by an additional fine of not more than ten thousand dollars or by
imprisonment for an additional period of not more than ten years, or both.

(
C) If the person solicited, recruited,
coerced, or threatened in violation of this section is under the age of
eighteen, an additional term of three years may be imposed in addition and
consecutive to the penalty prescribed for a violation of this section.

(
D) A person who has been coerced,
intimidated, threatened, or injured in violation of this section has a civil
cause of action against a criminal gang or criminal gang member violating this
section for treble the amount of the actual damages, for punitive damages, an
injunction, and any other appropriate relief in law or equity. Upon prevailing
in the civil action, the plaintiff may recover reasonable attorney's fees and
costs from the criminal gang or criminal gang member.

(
E)
Nothing in this section limits prosecution under any other provision of law.
It is unlawful for a person associated with a criminal gang to
conduct or participate in criminal gang activity.

(
B) It is unlawful for a person to
cause, encourage, solicit, recruit, or coerce another to become a member or
associate of a criminal gang, to participate in a criminal gang, or to conduct
or participate in criminal gang activity.

(
C) It is unlawful for any person to
communicate, directly or indirectly, with another any threat of injury or
damage to the person or property of the other person or of any associate or
relative of the other person with the intent to deter such person from
assisting a member or associate of a criminal gang to withdraw from a criminal
gang.

(
D) It is unlawful for a person to
communicate, directly or indirectly, with another any threat of injury or
damage to the person or property of the other person or of any associate or
relative of the other person with the intent to punish or retaliate against a
person for having withdrawn from a criminal gang.

(
E) It is unlawful for a person to
communicate, directly or indirectly, with another any threat of injury or
damage to the person or property of the other person or of any associate or
relative of the other person with the intent to punish or retaliate against a
person for refusing to or encouraging another to refuse to become or obtain the
status of a member or associate of a criminal gang.

(
F) It is unlawful for a person to
communicate, directly or indirectly, with another any threat of injury or
damage to the person or property of the other person or of any associate or
relative of the other person with the intent to punish or retaliate against a
person for providing statements or testimony against criminal gangs or any
criminal gang member or associate.

(
G) It is unlawful for a person to
communicate, directly or indirectly, with another any threat of injury or
damage to the person or property of the other person or of any associate or
relative of the other person with the intent to intimidate, deter, or prevent a
person from communicating or providing testimony to a law enforcement or
corrections officer, prosecuting attorney, or judge information relating to
criminal gangs, criminal gang members or associates, or criminal gang activity.

(
H)
(
1) A person who violates the
provisions of subsection (A) or (B) is guilty of a felony and, upon conviction,
in addition to any other penalty provided by law, must be imprisoned for not
less than five years but not more than twenty years which must be served
consecutively to any other sentence imposed. Restitution also must be ordered
as a condition of any sentence imposed. To be subject to the penalty under this
subsection it must be shown one participated in a criminal gang activity to
promote or further the gang's felonious activities or maintain or increase his
position in the gang, or he has been convicted or adjudicated delinquent within
the past five years for an offense listed in Section
16-8-230
(1) while being in
a criminal gang.

(
2) A person who violates the
provisions of subsection (C), (D), (E), (F), or (G) is guilty of a felony and,
upon conviction, in addition to any other penalty provided by law, must be
fined not less than ten thousand dollars nor more than fifteen thousand dollars
and imprisoned not less than five years but no more than twenty years, or both.
Restitution also must be ordered as a condition of any sentence imposed.

(
3) A person who violates the
provisions of this section through the solicitation, recruitment, coercion, or
threat of a person under the age of eighteen may be imprisoned for an
additional term of three years which must be served consecutively to any other
sentence imposed.

(
I) In addition to any other penalty
provided in this section, all sentences imposed pursuant to this section
require as a special condition of the sentence that the person sentenced may
not knowingly have contact of any kind or character with any other member or
associate of a criminal gang, may not participate in any criminal gang activity
and, in cases involving a victim, may not knowingly have contact of any kind or
character with any such victim or any member of the victim's family or
household. This special condition of the sentence does not apply to prisoners
or inmates in the custody of the Department of Corrections or local jails or a
child in the custody of the Department of Juvenile Justice or local jail.

(
J) Any offense committed in violation
of this article must be indicted and considered a separate offense.

(
K) When two or more defendants are
jointly charged with any criminal gang activity offense, whether felony or
misdemeanor, they must be tried jointly unless the court orders separate
trials. Severance may not be granted as a matter of law when codefendants
present mutually antagonistic defenses, but must be granted, in the court's
exercise of discretion, only when there is a serious risk that a joint trial
would compromise a specific trial right of a codefendant or prevent the jury
from making a reliable judgment about a codefendant's guilt. The trial court
shall provide appropriate cautionary instructions to the jury to protect the
individual rights of each codefendant and ensure that no prejudice results from
a joint trial. In ordering separate trials, the court in its discretion may
order a separate trial as to one or more defendants, and a joint trial as to
the others, or may order any number of the defendants to be tried at one trial,
and any number of the others at different trials, or may order a separate trial
for each defendant; provided, that when two or more persons can be jointly
tried, the fact that separate accusatory pleadings were filed does not prevent
their joint trial.

(
L) Nothing in this section limits
prosecution under any other provision of law.

S
ECTION 3.
A
rticle 3, Chapter 8, Title 16 of the S.C. Code is
amended by adding:

S
ection
16-8-245
.
(
A) For the purpose of
proving the existence of a criminal gang and criminal gang activity, the
adjudication or conviction by any plea or trial of a criminal gang activity
offense enumerated in Section
16-8-230
by any member or associate of a criminal
gang is admissible in any trial or proceeding. The pendency of an appeal may be
shown but does not affect admissibility.

(
B) A
defendant's conviction of any offense contained in this article is admissible
in any subsequent action or proceeding relating to additional offenses
contained in this article.

S
ECTION 4.
S
ection
16-8-250
of the S.C. Code is amended to read:

S
ection
16-8-250
.
(A) It is unlawful for a criminal gang member
by threat or force to:

(
1) prevent a witness or victim from
attending or giving testimony at a trial, proceeding, or inquiry authorized by
law that concerns or relates to any criminal activity; or

(
2) attempt to prevent a witness or
victim from attending or giving testimony at a trial, proceeding, or inquiry
authorized by law that concerns or relates to any criminal activity.

(
B) A criminal gang member who violates
a provision of this section is guilty of a felony and, upon conviction, must be
punished by a fine of not more than ten thousand dollars or imprisoned for not
more than ten years, or both.

(
A) Any real property which is erected,
established, maintained, owned, leased, or used by a criminal gang for the
purpose of conducting criminal gang activity constitutes a public nuisance and
may be abated pursuant to Chapter 43, Title 15.

(
B) An action to abate a nuisance
pursuant to this section may be brought by the Attorney General or circuit
solicitor in the appropriate state or municipal court.

(
C) The State, political subdivision,
or any person aggrieved by a criminal gang or criminal gang activity may bring
an action to enjoin a violation of this article.

(C)
(
D)
A person who has been coerced, intimidated,
threatened, or injured in violation of this section has a civil cause of action
against a criminal gang or criminal gang member violating this section for
treble the amount of his actual damages, for punitive damages, an injunction,
and any other appropriate relief in law or equity. Upon prevailing in the civil
action, the plaintiff may recover reasonable attorney's fees and costs from the
criminal gang or criminal gang member.

(
D) Nothing in this section limits
prosecution under any other provision of law.

S
ECTION 5.
A
rticle 3, Chapter 8, Title 16 of the S.C. Code is
amended by adding:

S
ection
16-8-275
.
(
A) In a criminal
proceeding in which a person is accused of conducting or participating in
criminal gang activity enumerated in Section
16-8-230
, relevant evidence of the
accused's commission of criminal gang activity is admissible.

(
B) This
section is not the exclusive means to admit or consider evidence described in
this section.

S
ECTION 6.
C
hapter 8, Title 16 of the S.C. Code is amended by
adding:

A
rticle 5

A
nti-Racketeering Act

S
ection
16-8-520
.
A
s used in this article, the term:

(
1) "Enterprise"
means any individual, partnership, corporation, association, or other legal
entity, and any union or group of individuals associated in fact although not a
legal entity.

(
2) "Pattern
of racketeering activity" means engaging in a pattern of racketeering activity
and at least two acts of racketeering activity occur within a five-year period
excluding any periods of imprisonment or engaging in any one or more acts of
domestic terrorism as described in Sections
16-23-710
(18) and
16-23-715
or a
criminal attempt, criminal solicitation, or criminal conspiracy related to
domestic terrorism.

(
3) "Racketeering
activity" means illegal activity conducted for monetary gain. Illegal activity
includes any act or threat involving murder, kidnapping, gambling, arson,
robbery, theft, receipt of stolen property, bribery, extortion, obstruction of
justice, dealing in obscene matter, or dealing in a controlled substance or
other drug which is chargeable under state law and punishable by imprisonment
for more than one year and any act to commit, to attempt to commit, or to
solicit, coerce, or intimidate another person to commit a crime that is
chargeable by indictment under any of the following laws of this State:

(
a)
Article 3, Chapter 53, Title 44, relating to narcotics and controlled
substances;

(
b)
Section
16-11-617
, relating to marijuana;

(
c)
Article 1, Chapter 3, Title 16, and the common law relating to homicide;

(
d)
Article 3, Chapter 3, Title 16, relating to assault and battery by mob;

(
e)
Article 5, Chapter 3, Title 16, relating to dueling;

(
f)
Article 7, Chapter 3, Title 16, relating to assault and criminal sexual
conduct;

(
g)
Article 8, Chapter 3, Title 16, relating to sexual performance by children;

(
h)
Article 9, Chapter 3, Title 16, relating to kidnapping;

(
i)
Section
16-3-1040
, relating to threatening the life, person, or family of a
public official or public employee;

(
j)
Section
16-3-1045
, relating to the use or employment of a person under eighteen
to commit certain crimes;

(
k)
Section
16-3-1083
, relating to the death or injury of a child in utero due to
the commission of a violent crime;

(
l)
Article 17, Chapter 3, Title 16, relating to harassment and stalking;

(
m)
Article 19, Chapter 3, Title 16, relating to trafficking in persons;

(
n)
Article 3, Chapter 11, Title 16, relating to arson and other offenses involving
fire;

(
o)
Article 5, Chapter 11, Title 16, relating to burglary, housebreaking, robbery,
and the like;

(
p)
Article 9, Chapter 11, Title 16, relating to bootleg and counterfeit records,
tapes, and recordings;

(
q)
Section
16-13-10
, relating to forgery;

(
r)
Section
16-13-30
, relating to petit and grand larceny;

(
s)
Section
16-13-40
, relating to the stealing of bonds and the like;

(
t)
Sections
16-13-10
5 through
16-13-135
, relating to shoplifting and organized retail
crime;

(
u)
Section
16-13-70
, relating to the stealing of vessels and equipment;

(
v)
Section
16-13-170
, relating to entering a house or vessel, without breaking,
with the intent to steal or commit another crime;

(
w)
Section
16-13-180
, relating to receiving stolen goods, chattels, or other
property;

(
x)
Sections
16-13-210
, relating to the embezzlement of public funds;

(
y)
Section
16-13-230
, relating to breach of trust with fraudulent intent;

(
z)
Section
16-13-240
, relating to obtaining a signature or property by false
pretense;

(
aa)
Section
16-13-260
, relating to obtaining property under false tokens or
letters;

(
bb)
Section
16-13-290
, relating to securing property by the fraudulent
impersonation of an officer;

(
cc)
Section
16-13-320
, relating to swindling;

(
dd)
Section
16-13-385
, relating to altering, tampering with, or bypassing electric,
gas, or water meters;

(
ee)
Section
16-13-40
0, relating to avoiding or attempting to avoid the payment of
telecommunications services;

(
ff)
Section
16-13-430
, relating to the fraudulent acquisition or use of food
stamps;

(
gg)
Sections
16-13-450
,
16-13-451
, and
16-13-480
, relating to false identification
documents;

(
hh)
Sections
16-15-90
through
16-15-110
, relating to prostitution;

(
ii)
Article 3, Chapter 15, Title 16, relating to obscenity, material harmful to
minors, child exploitation, and child prostitution;

(
jj)
Article 3, Chapter 9, Title 16, relating to bribery, the corruption of jurors,
and the like;

(
kk)
Sections
16-9-340
,
16-9-350
, and
16-9-370
, relating to the influencing of court
officials, jurors, or witnesses;

(
ll)
Section
16-9-460
, relating to unlawful entry into the United States and
furthering illegal entry by or avoidance of detection of an undocumented alien;

(
mm)
Article 1, Chapter 9, Title 16, relating to perjury;

(
nn)
Chapter 19, Title 16, relating to gambling and lotteries;

(
oo)
Article 13, Chapter 6, Title 61, relating to unlawful manufacture, possession,
and sales of alcohol;

(
pp)
Chapter 23, Title 16, relating to offenses involving weapons;

(
qq)
Chapter 1, Title 35, relating to violations of the South Carolina Uniform
Securities Act of 2005;

(
rr)
Chapter 14, Title 16, relating to violations of the Financial Transaction Card
Crime Act;

(
ss)
Chapter 29, Title 56, relating to violations of the Motor Vehicle Chop Shop,
Stolen, and Altered Property Act;

(
tt)
Chapter 16, Title 16, relating to violations of the Computer Crime Act;

(
uu)
Section
38-55-170
, relating to presenting false insurance claims for payment;

(
vv)
Article 5, Chapter 55, Title 38, relating to violations of the Omnibus
Insurance Fraud and Reporting Immunity Act;

(
ww)
Chapter 36, Title 34, relating to violations in relation to loan brokers;

(
xx)
Chapter 23, Title 37, relating to violations of the South Carolina High Cost
and Consumer Home Loans Act;

(
yy)
Chapter 13, Title 8, relating to ethics, government accountability, and
campaign reform;

(
zz)
Chapter 11, Title 35, relating to violations of the South Carolina Anti Money
Laundering Act; or

(
aaa)
Chapter 17, Title 2, relating to lobbyists and lobbying.

S
ection
16-8-530
. It is unlawful for any person to conspire, endeavor, or engage in
the affairs of an enterprise through a pattern of racketeering activity or
invest income derived from racketeering activities.

S
ection
16-8-540
.
(
A) Any person convicted
of the offense of engaging in activity in violation of Section
16-8-530
is
guilty of a felony and, upon conviction:

(
1)
for a first offense, must be fined as provided in subsection (B) or imprisoned
not less than five nor more than twenty years, no part of which may be
suspended nor probation granted, or both; and

(
2)
for a second or subsequent offense, must be fined as provided in subsection (B)
or imprisoned not less than ten nor more than twenty years, no part of which
may be suspended nor probation granted, or both.

(
B)
Any person convicted of the offense of engaging in conduct in violation of
Section
16-8-530
may be sentenced to pay a fine that does not exceed the
greater of twenty-five thousand dollars or three times the amount of any
pecuniary value gained from the violation.

(
C)
The court shall hold a hearing to determine the amount of the fine authorized
by subsection (B).

(
D)
For the purposes of subsection (B), the term "pecuniary value" means:

(
1)
anything of value in the form of money, a negotiable instrument, a commercial
interest, or anything else, the primary significance of which is economic
advantage; and

(
2)
any other property or service that has a value more than one hundred dollars.

S
ection
16-8-550
.
(
A) The circuit court,
after making due provisions for the rights of innocent persons, may enjoin
violations of Section
16-8-530
by issuing appropriate orders and judgments
including, but not limited to:

(
1)
ordering any defendant to divest himself of any interest in any enterprise,
real property, or personal property;

(
2)
imposing reasonable restrictions upon the future activities or investments of
any defendant including, but not limited to, prohibiting any defendant from
engaging in the same type of endeavor as the enterprise in which he was engaged
in violation of Section
16-8-530
;

(
3)
ordering the dissolution or reorganization of any enterprise; or

(
4)
ordering the suspension or revocation of any license, permit, or prior approval
granted to any enterprise by any agency or subdivision of the State.

(
B)
Any aggrieved person or the State may institute a civil action under subsection
(A). In such civil action, relief must be granted in conformity with the
principles that govern the granting of injunctive relief from threatened loss
or damage in other civil cases, provided that no showing of special or
irreparable damage to the person has to be made. Upon the execution of proper
bond against damages for an injunction improvidently granted and a showing of
immediate danger of significant loss or damage, a temporary restraining order
and a preliminary injunction may be issued in any such action before a final
determination on the merits.

(
C) A
person who is injured by reason of a violation of Section
16-8-530
has a cause
of action for three times the actual damages sustained and, when appropriate,
punitive damages. Such person also shall recover attorney's fees in the trial
and appellate courts and costs of investigation and litigation reasonably
incurred. The defendant or any injured person may demand a trial by jury in any
civil action brought pursuant to this section.

(
D) An
injured person has a right or claim to forfeited property or to the proceeds
superior to any right or claim the state or local government has in the same
property or proceeds other than for costs incurred by the State in any civil or
criminal investigation or prosecution related to the racketeering activity for
which the property was intended for use, used, or derived. To enforce such a
claim, the injured person must intervene in the civil forfeiture proceeding
prior to the entry of a final judgment.

(
E) A
conviction in any criminal proceeding estops the defendant in any subsequent
civil action or civil forfeiture proceeding under this article as to all
matters proved in the criminal proceeding.

S
ection
16-8-560
. In any criminal proceeding, the crime will be considered to have
been committed in any county in which an incident of racketeering activity has
occurred or in which an interest or control of an enterprise or real or
personal property is acquired or maintained.

S
ection
16-8-570
. In all civil actions brought under the provisions of this article,
the identity of an informant, identifying information relating to an informant,
and all matters exempt from disclosure under Chapter 4, Title 30, the Freedom
of Information Act, are exempt from discovery or disclosure under the rules of
civil procedure.

S
ECTION 7.
S
ection
14-7-1630
(A) of the S.C. Code is amended to
read:

(
A) The jurisdiction of a state grand
jury impaneled pursuant to this article extends throughout the State. The
subject matter jurisdiction of a state grand jury in all cases is limited to
the following offenses:

(
1)
a crime involving narcotics, dangerous drugs, or controlled substances, or a
crime arising out of or in connection with a crime involving narcotics,
dangerous drugs, or controlled substances, including, but not limited to, money
laundering as specified in Section
44-53-475
, obstruction of justice, perjury
or subornation of perjury, or any attempt, aiding, abetting, solicitation, or
conspiracy to commit one of the aforementioned crimes, if the crime is of a
multi-county nature or has transpired or is transpiring or has significance in
more than one county of this State;

(
2)
a crime involving criminal gang activity or a pattern of criminal gang activity
pursuant to Article 3, Chapter 8, Title 16
or a crime
involving racketeering activity pursuant to Article 5, Chapter 8, Title 16
;

(
3)
a crime, statutory, common law or other, involving public corruption as defined
in Section
14-7-1615
, a crime, statutory, common law or other, arising out of
or in connection with a crime involving public corruption as defined in Section
14-7-1615
, and any attempt, aiding, abetting, solicitation, or conspiracy to
commit a crime, statutory, common law or other, involving public corruption as
defined in Section
14-7-1615
;

(
4)
a crime involving the election laws, including, but not limited to, those named
offenses specified in Title 7, or a common law crime involving the election
laws if not superseded, or a crime arising out of or in connection with the
election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to
commit a crime involving the election laws;

(
5)
a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a
conspiracy or solicitation to commit a crime involving computer crimes;

(
6)
a crime involving terrorism, or a conspiracy or solicitation to commit a crime
involving terrorism. Terrorism includes an activity that:

(
a)
involves an act dangerous to human life that is a violation of the criminal
laws of this State;

(
b)
appears to be intended to:

(
i) intimidate or coerce a civilian
population;

(
ii) influence the policy of a
government by intimidation or coercion; or

(
iii) affect the conduct of a
government by mass destruction, assassination, or kidnapping; and

(
c)
occurs primarily within the territorial jurisdiction of this State;

(
7)
a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities
Act, or a crime related to securities fraud or a violation of the securities
laws;

(
8)
a crime involving obscenity, including, but not limited to, a crime as provided
in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting,
solicitation, or conspiracy to commit a crime involving obscenity;

(
9)
a crime involving the knowing and wilful making of, aiding and abetting in the
making of, or soliciting or conspiring to make a false, fictitious, or
fraudulent statement or representation in an affidavit regarding an alien's
lawful presence in the United States, as defined by law, if the number of
violations exceeds twenty or if the public benefit received by a person from a
violation or combination of violations exceeds twenty thousand dollars;

(
10)
a crime involving financial identity fraud or identity fraud involving the
false, fictitious, or fraudulent creation or use of documents used in an
immigration matter as defined in Section
16-13-525
, if the number of violations
exceeds twenty, or if the value of the ascertainable loss of money or property
suffered by a person or persons from a violation or combination of violations
exceeds twenty thousand dollars;

(
11)
a crime involving the knowing and wilful making of, aiding or abetting in the
making of, or soliciting or conspiring to make a false, fictitious, or
fraudulent statement or representation in a document prepared or executed as
part of the provision of immigration assistance services in an immigration
matter, as defined by law, if the number of violations exceeds twenty, or if a
benefit received by a person from a violation or combination of violations
exceeds twenty thousand dollars;

(
12)
a knowing and wilful crime involving actual and substantial harm to the water,
ambient air, soil or land, or both soil and land. This crime includes a knowing
and wilful violation of the Pollution Control Act, the Atomic Energy and
Radiation Control Act, the State Underground Petroleum Environmental Response
Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management
Act, the Infectious Waste Management Act, the Solid Waste Policy and Management
Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and
the Coastal Zone Management Act, or a knowing and wilful crime arising out of
or in connection with environmental laws, or any attempt, aiding, abetting,
solicitation, or conspiracy to commit a knowing and wilful crime involving the
environment if the anticipated actual damages, including, but not limited to,
the cost of remediation, is two million dollars or more, as certified by an
independent environmental engineer who must be contracted by the Department of
Health and
Environmental
Control
Services
. If the knowing and wilful crime is a violation
of federal law, a conviction or an acquittal pursuant to federal law for the
same act is a bar to the impaneling of a state grand jury pursuant to this
section;

(
13)
a crime involving or relating to the offense of trafficking in persons, as
defined in Section
16-3-2020
, when a victim is trafficked in more than one
county or a trafficker commits the offense of trafficking in persons in more
than one county; and

(
14)
a crime involving a violation of the South Carolina Anti-Money Laundering Act
as set forth in Chapter 11, Title 35, or a crime related to a violation of the
Anti-Money Laundering Act.

S
ECTION 8. The repeal or amendment by this act of
any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 9. If any section, subsection, paragraph,
subparagraph, sentence, clause, phrase, or word of this act is for any reason
held to be unconstitutional or invalid, such holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this act, and each
and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 10. This act takes effect upon
approval by the Governor.

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This web page was last updated on January 29, 2026 at 10:55 AM