S.C. Code Ann. § 16-17-470 (2006)
§ 16-17-470. Eavesdropping, peeping, voyeurism.
(A) It is unlawful for a person to be an eavesdropper or a peeping tom on or
about the premises of another or to go upon the premises of another for the
purpose of becoming an eavesdropper or a peeping tom. The term "peeping tom", as
used in this section, is defined as a person who peeps through windows, doors,
or other like places, on or about the premises of another, for the purpose of
spying upon or invading the privacy of the persons spied upon and any other
conduct of a similar nature, that tends to invade the privacy of others. The
term " peeping tom" also includes any person who employs the use of video or
audio equipment for the purposes set forth in this section. A person who
violates the provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than five hundred dollars or imprisoned not
more than three years, or both.
(B) A person commits the crime of voyeurism if, for the purpose of arousing or
gratifying sexual desire of any person, he or she knowingly views, photographs,
audio records, video records, produces, or creates a digital electronic file, or
films another person, without that person's knowledge and consent, while the
person is in a place where he or she would have a reasonable expectation of
privacy. A person who violates the provisions of this subsection:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must
be fined not more than five hundred dollars or imprisoned not more than three
years, or both; or
(2) for a second or subsequent offense, is guilty of a felony and, upon
conviction, must be fined not less than five hundred dollars or more than five
thousand dollars or imprisoned not more than five years, or both.
(C) A person commits the crime of aggravated voyeurism if he or she knowingly
sells or distributes any photograph, audio recording, video recording, digital
electronic file, or film of another person taken or made in violation of this
section. A person who violates the provisions of this subsection is guilty of a
felony and, upon conviction, must be fined not less than five hundred dollars or
more than five thousand dollars or imprisoned not more than ten years, or both.
(D) As used in this section:
(1) "Place where a person would have a reasonable expectation of privacy" means:
(a) a place where a reasonable person would believe that he or she could disrobe
in privacy, without being concerned that his or her undressing was being
photographed, filmed, or videotaped by another; or
(b) a place where one would reasonably expect to be safe from hostile intrusion
or surveillance.
(2) "Surveillance" means secret observation of the activities of another person
for the purpose of spying upon and invading the privacy of the person.
(3) "View" means the intentional looking upon of another person for more than a
brief period of time, in other than a casual or cursory manner, with the unaided
eye or with a device designed or intended to improve visual acuity.
(E) The provisions of subsection (A) do not apply to:
(1) viewing, photographing, videotaping, or filming by personnel of the
Department of Corrections or of a county, municipal, or local jail or detention
center or correctional facility for security purposes or during investigation of
alleged misconduct by a person in the custody of the Department of Corrections
or a county, municipal, or local jail or detention center or correctional
facility;
(2) security surveillance for the purposes of decreasing or prosecuting theft,
shoplifting, or other security surveillance measures in bona fide business
establishments;
(3) any official law enforcement activities conducted pursuant to Section
16-17-480;
(4) private detectives and investigators conducting surveillance in the ordinary
course of business; or
(5) any bona fide news gathering activities.
(F) In addition to any other punishment prescribed by this section or other
provision of law, a person procuring photographs, audio recordings, video
recordings, digital electronic files, or films in violation of this section
shall immediately forfeit all items. These items must be destroyed when no
longer required for evidentiary purposes.