Harassment Laws in South Carolina (2026): Your Rights and Real Risks

Most people think harassment is just being mean or rude. But in South Carolina, it’s a crime. And the penalties can follow you for years.

This guide breaks down exactly what the law says, what counts as harassment, and what happens if you or someone you know crosses that line.

What Is Harassment in South Carolina?

South Carolina law defines harassment as a pattern of behavior. That word matters a lot. One incident usually isn’t enough. The law typically requires two or more acts that invade someone’s private life on purpose.

The behavior has to be intentional, unreasonable, and serve no real purpose. It also has to cause the victim mental or emotional distress. Pretty straightforward, right?

South Carolina Code Section 16-3-1700 covers all of this. The law splits harassment into two types: first degree and second degree. They’re different, and the penalties are very different too.

Harassment in the Second Degree

Second-degree harassment is the less serious of the two. That doesn’t mean it’s harmless. It just means it typically involves words instead of physical actions.

This type includes repeated verbal contact, written messages, emails, texts, and other electronic communication. Think of it like this: constantly texting someone who has asked you to stop. Sending emails over and over. Flooding someone’s social media inbox.

The key is that the contact has to be repeated and unwanted. A one-time rude message usually won’t qualify.

Wondering if a few texts count? Probably not. But if you keep going after someone says stop, you’re heading into illegal territory.

Harassment in the First Degree

Okay, this one is more serious. First-degree harassment involves more intense behavior. It goes beyond just sending messages.

This includes physically following someone from place to place. It also covers making contact after the person has told you to stop or after they’ve filed a police report. Watching or surveilling someone at their home, workplace, or school also falls under this category.

Here’s where it gets interesting. Property damage or vandalism connected to a pattern of harassment can also count as first-degree harassment.

Think of it like a traffic ticket versus a criminal charge. Second degree is one thing. First degree is a whole different level.

Penalties and Consequences

Let’s talk about what you’re actually risking. This part is important.

For second-degree harassment, a first offense is a misdemeanor. You could face up to 30 days in jail, a fine of up to $200, or both. That goes up fast if you have a prior conviction or there’s already a restraining order against you. In those cases, you could face up to one year in jail and a $1,000 fine.

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For first-degree harassment, a first offense is still technically a misdemeanor under South Carolina law. But it carries up to three years in prison and a fine of up to $1,000. If you had a prior harassment or stalking conviction in the past ten years, it becomes a felony. That means up to five years in prison and fines up to $5,000.

Hold on, this part is important. If you violate a restraining order while harassing someone, you face even steeper penalties. On top of the harassment charge, violating the order itself can mean 30 days in jail and a $500 fine.

Stalking vs. Harassment

Most people assume these are the same thing. They’re not.

Stalking is basically an even more serious version of harassment. The difference comes down to the victim’s experience. Harassment causes mental and emotional distress. Stalking causes actual fear. We’re talking fear of death, physical assault, kidnapping, or serious harm to the victim or their family.

If someone’s actions make a victim reasonably afraid for their safety, that’s stalking. And stalking is a felony in South Carolina. A first offense can mean up to five years in prison. If there’s a prior conviction within ten years, that jumps to up to fifteen years.

Less severe than stalking, but still no joke? First-degree harassment. It’s the middle ground you really don’t want to land on.

Restraining Orders

Here’s what most people don’t realize. You don’t have to wait for criminal charges to get protection.

A victim can go to magistrate court and file for a restraining order based on harassment or stalking. The court can issue a temporary restraining order fast, sometimes within 24 hours, even without notifying the person being accused first.

Once a restraining order is in place, it typically lasts one year. It usually requires the accused person to stay away from the victim’s home, workplace, and school. No contact of any kind is allowed.

A friend of mine went through this process. It felt overwhelming at first. But it’s actually more accessible than most people think. The magistrate court handles these cases. You don’t always need a lawyer to file.

Workplace Harassment and Sexual Harassment

Now, here’s where things get serious in a different way. Harassment at work is covered by separate laws.

South Carolina has its own anti-discrimination law called the South Carolina Human Affairs Law. Federal law, Title VII of the Civil Rights Act, also applies. Both laws ban sexual harassment in the workplace.

Sexual harassment at work includes unwanted advances, requests for sexual favors, offensive comments about someone’s gender, and any other sexual behavior that creates a hostile work environment. The harasser and victim can be any gender. The law doesn’t require them to be different sexes.

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Isolated comments or occasional teasing usually won’t rise to the level of illegal harassment. But repeated behavior that creates a hostile or offensive work environment crosses the line.

Honestly, this is the part most people miss. You need to report workplace harassment to your employer first. Give them a chance to fix it. If they don’t, then you escalate.

How to Report Harassment in South Carolina

So what happens if you break this law, or if someone is breaking it against you? Here’s what you need to do.

For criminal harassment or stalking, contact your local law enforcement. File a police report. Keep detailed records of every incident. Save text messages, emails, and screenshots. Write down dates, times, and what happened. This documentation helps police determine if the pattern of behavior meets the legal definition.

For a restraining order, go to your local magistrate court. You’ll fill out a complaint describing what happened. Be specific about dates, places, and what was said or done.

For workplace harassment, report it to your supervisor or HR department first. If nothing changes, file a complaint with the South Carolina Human Affairs Commission (SCHAC). You have 180 days from the incident to do this. Wait longer than that and you may lose your right to file in state court. You have up to 300 days to file with the federal Equal Employment Opportunity Commission (EEOC).

You can reach SCHAC at 1026 Sumter Street, Suite 101, Columbia, SC 29201. You can also call them at 803-737-7800 or toll-free at 1-800-521-0725. Online filing is also available at schac.sc.gov.

Don’t worry, the process may feel intimidating. But taking that first step is what protects your rights.

Special Circumstances to Know

A few situations change how the law applies. Keep these in mind.

If someone uses vehicle registration or license plate information to find and harass a victim, there’s an extra penalty. That adds a $200 fine and up to 30 days in jail on top of the regular charges.

If the harassment happens while a family court restraining order is already in effect, you can be charged and sentenced under the standard harassment statutes. The existing order doesn’t protect you. It actually makes things worse.

Mental health evaluations can also be ordered for people convicted of harassment or stalking. This is part of South Carolina law under Section 16-3-1740.

How to Protect Yourself if Accused

You’re not alone if this confuses a lot of people. Being accused of harassment doesn’t automatically mean you’re guilty. The law requires proof.

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The prosecution has to show that the behavior was intentional, unreasonable, and served no real purpose. They have to prove a pattern of behavior, which means at least two incidents. And they have to show the victim experienced genuine emotional distress.

If you’ve been accused, don’t contact the alleged victim. Don’t try to explain yourself directly. Seek legal advice from a licensed South Carolina attorney as soon as possible.

Frequently Asked Questions

Does one incident count as harassment in South Carolina?

Generally, no. South Carolina law requires a pattern of behavior, which typically means two or more related acts. A single incident usually won’t meet the legal definition.

Can harassment happen online or through text messages?

Yes. South Carolina law specifically covers verbal, written, and electronic contact. Texts, emails, social media messages, and other online communication all count.

What is the difference between harassment and stalking in SC?

Harassment causes mental or emotional distress. Stalking causes the victim to reasonably fear for their physical safety or the safety of a family member. Stalking carries heavier penalties and is a felony.

How long does a restraining order last in South Carolina?

A standard restraining order lasts one year. It can be extended or modified by the court based on circumstances.

What should I do if someone is harassing me at work?

Report it to your employer first. If they don’t act, file a complaint with SCHAC within 180 days of the incident. You can also file with the EEOC within 300 days.

Can I get a restraining order without a lawyer?

Yes. You can file for a restraining order at magistrate court without legal representation. The South Carolina Pro Bono Program may also connect you with a free volunteer attorney if you qualify.

Final Thoughts

Harassment laws in South Carolina are more detailed than most people realize. There are two degrees of harassment, plus stalking, plus workplace protections. Each one carries its own penalties. Each one requires specific steps to report or fight.

Now you know the basics. If you’re being harassed, document everything and act fast. If you’ve been accused, stop contact and get legal advice. And if it’s happening at work, use the SCHAC process.

When in doubt, look it up or talk to a lawyer. Your rights are worth protecting.