Know The Law

It’s Your Responsibility

Not knowing the law does not exempt you from obeying it. Following are a few of the laws that are particularly important for college students to understand. The penalties for breaking them can be found on Public Safety’s website. Protect yourself — don’t get arrested because you didn’t know the law.

Public safety dispatch office with multiple computer monitors showing call and surveillance screens, plus a wall-mounted “College of Charleston Public Safety Dispatch” sign.

Firearms On Campus

Possessing or carrying a weapon onto any College of Charleston property is a violation of both state law and campus policy.

Don’t be confused by the Law Abiding Citizens Self-Defense Act of 1996, also referred to as the Concealed Weapons Law. Section 16-23-420(A) of this law states, “it is unlawful for a person to carry onto any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or any publicly owned building a firearm of any kind, without the express permission of the authorities in charge of the premises or property.” A person who violates the provisions of Section 16-23-420(A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

Additionally, Section 23-31-217 outlines the right of a public/private employer as well as a private property owner to prohibit the carrying of a concealable weapon upon the premises.

If you witness or suspect someone has a weapon of any kind, call 911. Keeping our campus free from the tragedy of violence is a community effort.

Self Defense Vs. Assault And Battery

Don’t let your temper get in the way of using common sense. Striking a person because you are provoked by his/her words or deeds — unless you are protecting yourself against life-threatening violence — isn’t self defense, it’s assault and battery.

Assault

An unlawful attempt, coupled with a present ability, to commit a violent injury upon another person. Just the threat of bodily injury can constitute simple assault.

Battery

The successful accomplishment of such an attempt.

Assault and battery of a high and aggravated nature

An unlawful act of violent injury to another person accompanied by any circumstances of aggravation, including:

  • use of a deadly weapon (gun, knife, baseball bat, garden tool, etc.) that inflicts serious bodily injury;
  • infliction of serious bodily injury such as painful gashes or serious injuries to the face;
  • disparity between the sizes, ages and physical conditions of the parties, or impaired health on the part of the victim;
  • resistance of lawful authority accompanied by an unlawful act against the arresting officer, even though no bodily harm may be inflicted;
  • indecent liberties or familiarities with a female.

Fraud And Forgery

Credit card, driver’s license, identification card — you don’t leave home without them. As important as these cards are to you, you should be aware that there are stiff penalties imposed if the cards are misused, including fines, driver’s license suspension and imprisonment.

The following acts may seem like no big deal, but they are all illegal.

Driver’s License and IDs

  • Possession of an altered driver’s license or personal ID
  • Lending a driver’s license or personal ID to any other person
  • Altering a driver’s license
  • Using someone else’s driver’s license or personal ID

Financial Transaction Cards and Checks

Theft or unlawful possession of a Financial Transaction Card with intent to use the card.

  • Financial Transaction Card Fraud, i.e., use of an FTC with the intent to defraud the issuer
  • Check Fraud: passing a check when one knows the account lacks sufficient funds to make the check good or placing a stop payment on a check with the intent to defraud in order to obtain money, goods or services
  • Forgery: creating or altering a document with intent to defraud.

Harassment And Stalking

Harassment and stalking are two illegal behaviors that carry with them penalties including fines and imprisonment. It is important that you familiarize yourself with what constitutes both.

Harassment

A pattern (two or more acts within a 90-day period) of intentional, substantial and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his/her position to suffer mental distress. Harassment may include, but is not limited to:

  • following the targeted person as he/she moves from location to location;
  • visual, physical or verbal contact that is initiated, maintained or repeated after a person has been provided notice that the contact is unwanted;
  • surveillance of, or the maintenance of a presence near the targeted person’s residence, place of work, school or another place regularly occupied by the targeted person;
  • vandalism and property damage.

Stalking

A pattern (two or more acts within a 90-day period) of words or conduct that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person’s position to fear:

  • death of the person or a member of his/her family;
  • assault upon the person or a member of his/her family;
  • bodily injury to the person or a member of his/her family;
  • criminal sexual contact on the person or a member of his/her family;
  • kidnapping of the person or a member of his/her family;
  • damage to the property of the person or a member of his/her family.

Harassment and stalking do not include words or conduct protected by the South Carolina or United States Constitution, and do not apply to law enforcement officers or process servers performing their official duties.

If you or someone you know is being harassed or stalked:

  • Document each and every incident. Include date, time, witnesses and a description of the incident. Also include a description of the individual and other identifying information, such as a vehicle description and license plate number.
  • Contact the police and have an official report filed.
  • Don’t keep the harassing/stalking behavior a secret — tell people and ask for their support.
  • Use the buddy system. Never walk or jog alone at night and always let someone know where you are going and when you expect to arrive home.
  • Locate support groups within your community.