South Carolina Senator Aims To Criminalize The Recording Of Criminal Activity

This is a few months old. I don't know if the implementation was successful or not, but that's not really the point.

www.techdirt.com...

HOT BUTTON TOPIC + BRIEFLY CONCERNED LEGISLATOR - COMMON SENSE = A proposed amendment so brain dead, its author should be immediately hooked up to an EEG.

The "hot topic?" The form of recorded violence known colloquially as the "knockout game." Said "game" is played by a minimum of one willing participant and one unwilling participant. The goal is to knock out the unwilling participant with one punch, preferably while being recorded for posterity/evidence. Video is then uploaded to YouTube (or other services) for appreciation by those who like this sort of thing.

The legislator who apparently failed to consider the mind blowing amount of unintended consequences built into his legislation? South Carolina senator Vincent Sheheen.

The amendment? Well, here's what Sen. Sheheen would like to see changed in the current criminal code.

The proposed amendment:

SECTION 1. Chapter 1, Title 16 of the 1976 Code is amended by adding:

"Section 16-1-65. (A) It is unlawful for a person to produce or create, or conspire to produce or create, a video or audio recording, digital electronic file, or other visual depiction or representation of a violent crime, as defined in Section 16-1-60 [violent crimes], during its commission. 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 five years, or both.

The way this democrat, and many others like him, think they can wave their magic pen and solve the world's problems is the epitome of ignorance. The way this democrat, and many others like him, blindly and recklessly write laws and restrict our freedom and impose major consequences, including felony charges, jail time, and massive fines, on us for violating a law that we violate because the law was inconsiderate of the forest of human behavior for the one rotted tree in the first place, is not only intolerable, but it is worthy of revolt.

it makes no such exception for cameras mounted by private citizens to protect their own property. Someone breaks into your house and you've got the tape to prove it? Guess what: both you and the perp have violated the law.

This is yet another clear violation of our constitutional rights by none other than, you guessed it, the left wing democrats.

The only way I can rationalize voting for these people is either 1) the voters want America to turn into Nazi Germany, or 2) they really have no idea about who they are voting for.

Senator Vincent Sheheen (D)

Email Sheheen. Tell him what you think.

Um, well this guy is as dumb as!

But, I have a question.

Will those who voted this Moron in, please raise your hands and one by one, tell me what was on your mind when you voted. Of course, if this is too hard, just list all of your excuses for voting a Moron into this position of having this much power.

If the system is broken, YOU need to help fix it.

P

a reply to: smithjustinb


Well......that is one of the least well thought out pieces of legislation I have ever even heard of.

Why not just say, "if violent crime happens we dont evidence of it, so there will be no recording of said violent acts. In a situation where one unintentionally records said acts, they will either immediately delete or erase said recording, or suffer the full force of the law."

I have said it before, I will say it again.

Politicians only have one skill set. They are good at lying to and manipulating the stupid. This is what gets them, and keeps them in office. Outside of this one basically useless human skill set, they are useless.

Who's moron here.

The law has nothing to do with security cameras.

What it makes is a crime for a Accomplice to film a crime to put it on the internet.

This is just like where someone can be charged with murder if they are the getaway driver in a robbery where someone is killed.
en.wikipedia.org...

originally posted by: ANNED
Who's moron here.

The law has nothing to do with security cameras.

What it makes is a crime for a Accomplice to film a crime to put it on the internet.

This is just like where someone can be charged with murder if they are the getaway driver in a robbery where someone is killed.
en.wikipedia.org...

No it doesnt, if that was what it meant, that is what it would have said, point blank, no misunderstandings, that is how law is written.

You dont make a law that says, " it is illegal to drive a car, anyone caught driving a car will be subject to no less than 30 days in jail, and no less than a $4,000 fine." And then say it is clearly only for get away drivers.

It doesnt say that.

The law is applied exactly as it is stated, even if it is used "correctly" today doesnt guarantee it will be used that way tomorrow, unless the exact wording states it must be so.

Do you even understand how the law is applied?

Dont start with the whole "common sense" argument, because it is clear that it is rarely applied in the legal environment.

Just for example, kids being arrested for toy guns etc...

a reply to: smithjustinb

Forgive me for my ignorance, but would this legislation not invalidate all video evidence of the comission of a violent crime?Owners, and operators of CCTV which is placed in high traffic areas with a decent probability of recording a violent crime, will now find themselves guilty of creating video of these sorts of events, as will the operators of dashcams in police cars, and the whole range of crime prevention recording.

In legislating against this knockout game in this cack handed fashion, the legislators who have put this ammendment through, effectively render all CCTV evidence of violent crimes, inadmissable in court by the standards set elsewhere, since illegally obtained evidence is frowned upon by courts and judges alike. What seems all the more idiotic, is that the Knockout Game is already illegal, ALL participants, that is videographers involved with it, as well as the people dealing the blows, should be scooped up and dealt with by the law AS IT STOOD ALREADY!

There was no need to even legislate, or alter the law in any way! Utter madness and nincompoopery of the highest possible order!

a reply to: smithjustinb

And how many cameras are there in NYC? This would make a lot of people felons in the NYPD. That would make drone flights unnecessary in the US. Email Sheheen and video yourself doing it and add it as an attachment.

I hate double post because of a browser crash..... Thanks google.

a reply to: MarlinGrace

Law enforcement are exempt. This only applies to citizens.

originally posted by: oblvion
a reply to: smithjustinb


Well......that is one of the least well thought out pieces of legislation I have ever even heard of.

I hear stupid crap like this all the time. When I get to a computer, rather than my phone, I'll see if I can find some examples. Not that it will be hard.

a reply to: TrueBrit

The link goes into more detail about the law. Certain exemptions apply. Someone breaking into your house being caught on nanny cam would render you a felon though.

a reply to: smithjustinb

See... that is just ridiculous.

Even with the exemptions as stated in the link, this legislation has made people criminally liable, who are simply taking measures to improve the security in their homes. I really think that it is time that people who were given the power to write law, actually considered that there is every chance that the people on whose behalf they act, are actually SMARTER than their elected representatives, and will not fall for any nonsense. Even taking the exemptions into account, this is total nonsense!