Lewd Act on a Minor is a serious child molestation charge in South Carolina. It is a felony prosecuted in the Court of General Sessions. It may be prosecuted by either the Solicitor's Office or the State Attorney General's Office. It is codified in S.C. Code § 16-15-140. Contact us if you are being investigated for child molestation.

Those convicted of Lewd Act face a penalty of up to fifteen years in prison where they will be classified as a sex offender. Upon release they will be required to register as a South Carolina Sex Offender pursuant to S.C. Code § 23-3-430. This is a public database of individuals who have been convicted of a sexually related offense.

Lewd Act on a Minor is the criminal offense for intentionally touching the body of a child under the age of sixteen for the purpose of gratifying the sexual desires of either the child or the defendant. No sexual penetration is required. Cases where penetration is alleged usually are charged under the Criminal Sexual Conduct (CSC) statute. There is no requirement that an allegation of Lewd Act be corroborated by medical testimony or any other witness other than the child. Consent of the minor is also not a defense.

As an attorney experienced in representing those charged with a sex crime James Snell understands that individuals can be falsely accused and wrongly arrested by law enforcement. Many times the arrest comes as a result of a personal conflict involving one of the children's parents, such as a pending divorce or custody dispute.

There are many potential defenses to a Lewd Act charge. Examples include:

A delay in reporting the allegation to law enforcement
No corroborating evidence
Inconsistent statements
Coaching by a parent or guardian

These cases are among the most serious charges a defendant can face. Unlike most other crimes there doesn't have to be any related physical act or evidence. For example every murder requires a death, every burglary a building and every theft some property. But a Lewd Act charge doesn't require anything other than an accusation.

To defend clients charged with Lewd Act we recommend a thorough and complete investigation into the facts of the case. Private investigators are employed to locate and interview witnesses. Polygraph examinations are regularly scheduled for our clients to refute the charges. Psychological evaluations can demonstrate that a defendant doesn't fit the profile of a sex offender. Experts on forensically evaluating child sex abuse investigators can be used to show shortcuts or errors committed by law enforcement.

If you or a loved one has been charged with Lewd Act on a Minor you can contact South Carolina criminal defense attorney James Snell at (803) 359-3301. His 24 hour call center is available at 1-866-252-5789.