South Carolina Identity Theft Laws: Mandatory Police Reports

South Carolina gives identity theft victims a right most states do not spell out this clearly: local law enforcement must take a report, provide a copy, and begin an investigation. This page covers South Carolina's criminal identity fraud statute, that mandatory police-report duty, the state's own minor credit freeze law, and the treble-damages civil remedy built into the Consumer Identity Theft Protection Act.

This article addresses South Carolina state law on identity theft alongside the federal framework under 18 U.S.C. Section 1028 and the Fair Credit Reporting Act. For the parent overview of identity theft law generally, see our identity theft laws hub.

South Carolina's Identity Fraud Statute

South Carolina's identity theft law, S.C. Code Section 16-13-510, covers two distinct offenses. Financial identity fraud occurs when a person, without the authorization or permission of another individual and with intent to unlawfully obtain identifying information that would assist in accessing that individual's financial records, accesses or attempts to access those financial resources. Identity fraud, the second offense, covers using another person's identifying information for the purpose of obtaining employment or avoiding identification by a law enforcement officer. Either offense is a single felony tier, not scaled by dollar amount: a conviction carries a fine set at the discretion of the court, imprisonment of not more than 10 years, or both.

A Mandatory Duty to Take the Police Report

South Carolina stands out among states in this batch for making the police-report right explicit and mandatory rather than discretionary. Under S.C. Code Section 37-20-130, a person who learns or reasonably suspects they are an identity theft victim may initiate a law enforcement investigation by reporting it to the local law enforcement agency with jurisdiction over the victim's actual legal residence. That agency «shall take the report, provide the complainant with a copy of the report, and begin an investigation,» language that creates a mandatory duty on the agency rather than leaving the decision to an individual officer's discretion.

South Carolina's Own Minor Credit Freeze Law

South Carolina has its own protected-consumer security freeze statute, S.C. Code Section 37-20-161, distinct from and predating the 2018 federal minor-freeze law. It covers a «protected consumer» defined as anyone under 16 years old at the time of the freeze request, and establishes a framework distinct from the state's adult freeze law, Section 37-20-160. A representative, meaning a parent or guardian, must act on the protected consumer's behalf, and the credit reporting agency must place the freeze within 30 days of the request.

South Carolina's Treble and Floor Damages

South Carolina builds a private civil remedy directly into Title 37, Chapter 20, the Consumer Identity Theft Protection Act, separate from the criminal statute. Under Section 37-20-170(D), a willful violator is «liable for three times the amount of actual damages or three thousand dollars for each incident,» whichever is greater, a combined treble-damages-or-floor structure that guarantees a minimum recovery even where actual damages are hard to prove. Section 37-20-170(E) separately addresses negligent violations, and Section 37-20-170(G) lets a consumer bring a civil action to enjoin and restrain future acts that violate the chapter, useful where the same violator's conduct is ongoing.

This session's research did not find a distinct restitution clause tied directly to Section 16-13-510, the criminal statute itself. South Carolina's general criminal restitution procedure would still be available in a criminal case, but it was not independently traced to a specific identity-theft provision this session.

Where to Report Identity Theft in South Carolina

South Carolina's consumer-protection identity theft function sits with the Department of Consumer Affairs, specifically its Identity Theft Unit, not with the Attorney General's office; these are two different state agencies. Reporting options include an online portal through SC.AccessGov, a downloadable scam-reporting PDF form, phone at (800) 922-1594 or (803) 734-4200, and email at scdca@scconsumer.gov, with office hours 8:30am to 5pm Monday through Friday. The Identity Theft Unit also publishes state and federal identity-theft-avoidance resources and security-breach notices dating back to 2015.

South Carolina also maintains an internal identity-theft-victim database through the State Law Enforcement Division, established within the same Title 37, Chapter 20 framework. This is an internal law enforcement record, not a public victim-certification or identity-theft-passport program of the kind some other states operate; no such passport program exists under South Carolina's identity theft law.

Federal Rights That Apply Regardless of State Law

Every South Carolina identity theft victim also has rights under federal law that apply on top of the state protections above. A credit freeze and a fraud alert are both free under 15 U.S.C. Section 1681c-1, added by the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018. A free report at IdentityTheft.gov also unlocks the right under FCRA Section 605B, 15 U.S.C. Section 1681c-2, to have fraudulent information blocked from a credit report. For the full mechanics, see our guides on how to report identity theft and credit freeze vs. fraud alert.

Information last verified on 2026-08-13, drawing directly on the live text of S.C. Code Section 16-13-510 and the whole of Title 37, Chapter 20, including Sections 37-20-130, 37-20-150, 37-20-161, and 37-20-170, plus the South Carolina Department of Consumer Affairs' Identity Theft Unit page. This article has not yet been reviewed by a licensed lawyer.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert

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Last updated: 2026-08-13.