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 protected-consumer 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. Under subsection (B), a person is guilty of financial identity fraud when the person acts without the authorization or permission of another individual and with the intent of unlawfully (1) appropriating that individual's financial resources to the person's own use or the use of a third party, (2) devising a scheme or artifice to defraud, or (3) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises. The prohibited conduct is then stated in the alternative: the person either «obtains or records identifying information which would assist in accessing the financial records of the other individual» or «accesses or attempts to access the financial resources of the other individual through the use of identifying information.»

That structure matters in practice. Obtaining or recording someone's identifying information with one of those three intents completes the offense in South Carolina, with no requirement that the defendant ever reach an account. The intent element is the list of three unlawful purposes, not the act of obtaining the information.

Identity fraud, the second offense, is defined in subsection (C) as using another person's identifying information for the purpose of obtaining employment or avoiding identification by a law enforcement officer, criminal justice agency, or another governmental agency. Either offense is a single felony tier, not scaled by dollar amount: under subsection (F), a conviction carries a fine set at the discretion of the court, imprisonment of not more than 10 years, or both, and the court may order restitution to the victim pursuant to Section 17-25-322.

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 Protected-Consumer 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 is usually described as a child-freeze law, but its coverage is broader than that. Section 37-20-161(A)(1) defines a «protected consumer» as an individual who is either «under the age of sixteen years at the time a request for the placement of a security freeze is made» or «an incapacitated person or a protected person for whom a guardian or conservator has been appointed.» The second category carries no age limit, so an adult under a guardianship or conservatorship qualifies on the same terms as a young child.

The statute establishes a framework distinct from the state's adult freeze law, Section 37-20-160. A representative, meaning a person who gives the consumer reporting agency sufficient proof of authority to act on the protected consumer's behalf, must make the request, and the agency must place the freeze within 30 days of a qualifying 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.

Restitution is available on the criminal side as well, and it sits in the identity theft statute itself. Section 16-13-510(F) provides that «the court may order restitution to the victim pursuant to the provisions of Section 17-25-322.» A victim in a South Carolina identity theft prosecution can therefore ask the sentencing court to order the defendant to repay the loss, independently of any civil action brought under Title 37.

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 same department handles complaints about scams that never touched your identity, and our guide to South Carolina scam and fraud laws covers that complaint process and when the state's Unfair Trade Practices Act lets a victim sue. The Identity Theft Unit also publishes state and federal identity-theft-avoidance resources and security-breach notices dating back to 2015.

South Carolina also keeps identity-theft-victim records through the State Law Enforcement Division under S.C. Code Section 37-20-150, within the same Title 37, Chapter 20 framework. The statute directs SLED to establish and maintain those records and provides that they «will be maintained in a computerized database at such time that funds are appropriated to the State Law Enforcement Division,» so the computerized database is conditioned on an appropriation rather than guaranteed by the statute. Access is limited to criminal justice agencies, with one exception that matters to victims: a victim of identity theft, or his authorized representative, «shall have access to the records in order to establish that he is a victim of identity theft.» To be included, a victim submits a copy of the police report, a full set of fingerprints, or other information SLED requires, under Section 37-20-150(B). That access right serves a victim-status-proving function, but it is not an identity theft passport program of the kind some other states operate; South Carolina's identity theft law creates no such passport.

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.

Frequently Asked Questions

What is the penalty for identity theft in South Carolina?

Under S.C. Code Section 16-13-510, both financial identity fraud and identity fraud are a single felony tier, with imprisonment of not more than 10 years, a fine at the court's discretion, or both. The statute does not tier penalties by dollar amount. Subsection (F) also allows the court to order restitution to the victim pursuant to Section 17-25-322.

Does South Carolina law require police to take an identity theft report?

Yes. Under S.C. Code Section 37-20-130, the local law enforcement agency with jurisdiction over the victim's legal residence must take the report, provide a copy of it to the victim, and begin an investigation. This is a mandatory duty, not a discretionary one.

Can I freeze my child's credit report under South Carolina law?

Yes. South Carolina has its own protected-consumer freeze statute, S.C. Code Section 37-20-161. A representative can request the freeze, and the credit reporting agency must place it within 30 days. The statute is not limited to children: a «protected consumer» is an individual under 16 years old when the request is made or an incapacitated person or protected person for whom a guardian or conservator has been appointed.

Can identity theft victims sue for damages in South Carolina?

Yes. Under S.C. Code Section 37-20-170(D), a willful violator is liable for three times the victim's actual damages or $3,000 for each incident, whichever is greater. A victim can also sue to enjoin future violations under Section 37-20-170(G).

Does South Carolina have an identity theft passport program?

No. South Carolina has no identity theft passport program. Under S.C. Code Section 37-20-150, the State Law Enforcement Division keeps records of identity theft victims, and the computerized database is conditioned on funds being appropriated. Access is limited to criminal justice agencies, except that a victim of identity theft, or an authorized representative, may access the records in order to establish that he is a victim of identity theft.

Where do I report identity theft in South Carolina?

Report it to the South Carolina Department of Consumer Affairs' Identity Theft Unit, not the Attorney General's office, through SC.AccessGov, by phone at (800) 922-1594 or (803) 734-4200, or by email at scdca@scconsumer.gov.