South Carolina Code 39-8-90. Persons guilty of stealing trade secrets; criminal penalties
(1) steals, wrongfully appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains trade secrets;
Terms Used In South Carolina Code 39-8-90
- Fraud: Intentional deception resulting in injury to another.
- Owner: means the person or entity in whom or in which rightful legal or equitable title to the trade secret is reposed. See South Carolina Code 39-8-20
- Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See South Carolina Code 39-8-20
- Trade secret: means :
(a) information including, but not limited to, a formula, pattern, compilation, program, device, method, technique, product, system, or process, design, prototype, procedure, or code that:
(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See South Carolina Code 39-8-20
(2) wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys trade secrets;
(3) receives, buys, or possesses trade secrets, knowing the trade secrets have been obtained by any means described in items (1) or (2);
(4) attempts to commit any offense described in items (1) through (3);
(5) wrongfully solicits another to commit any offense described in items (1) through (3); or
(6) conspires with one or more other persons to commit any offense described in items (1) through (3), and where one of the conspirators performs an act to further the conspiracy.
(B) In a prosecution for any violation of subsection (A) of this section the court must, pursuant to § 39-8-100, preserve the secrecy of an alleged trade secret.