South Carolina Sex Crimes

In the public's eye there is almost no worse charge than a sexual assault or the sexual abuse of a child. Often times in the eyes of the law you are considered guilty until proven innocent for all practical purposes. A conviction will likely result in a lifelong entry on the South Carolina Sex Offense Registry which is frequently searched by employers, schools, churches and even neighborhood associations. A conviction could also subject you to further indefinite confinement under the South Carolina Sexually Violent Predator Act. Charges of sexual abuse may be a result of someone attempting to gain an advantage in a Family Court Divorce of Custody Case. Some cases are even brought because someone may believe that if they can obtain a conviction with false testimony that they will be the recipient of some sort of financial settlement. Frequently the obvious potential inconsistences and ulterior motives will not serve as a deterrent to an arrest and prosecution in a sex case.

When young children are involved their recollections and statements are subject to be the products of undue influence and suggestibility. Your case may require the use of expert psychologists or other medical personal to refute the State's allegations, and to look out for instances of unreliable testimony. Where there is a possibility that an expert may assist in the preparation of your defense, or in the trial of your case, Mr. Snell will help you select the right expert for your case.

Frequently Encountered South Carolina Sex Crimes:

Criminal Sexual Conduct, Rape
S.C. Code 16-3-652

Criminal Sexual Conduct, or Rape, is a felony punishable by up to thirty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense involves a Sexual Battery (usually that involves a penetration) on a victim with the use of force, intimidation, or where the victim has been rendered incapacitated.

Criminal Sexual Conduct with Minor
S.C. Code § 16-3-655

Criminal Sexual Conduct with a Minor with a victim under the age of 11 is a felony punishable by a minimum of twenty five years to life imprisonment. Second offenders will receive life without the possibility of parole or execution. If the victim is between 11 and 16 it is punishable by ten to thirty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This is the offense of committing a Sexual Battery (usually that involves a penetration) upon the body of a minor. This is one of the absolute most serious charges under South Carolina Law. Frequently those charged with this offense will either be denied bond, or will have their bond set in the hundreds of thousands of dollars.

Lewd Act Upon a Minor
S.C. Code 16-15-140

Lewd Act Upon a Minor is a felony punishable by up to fifteen years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense involves the touching of the body of a minor under the age of sixteen for the sexual purposes of either the minor or the Defendant. This crime does not require a Sexual Batter (usually that involves a penetration), instead any touching or grouping, even on top of clothing, will suffice.

Criminal Solicitation of a Minor
S.C. Code § 16-15-342

Criminal Solicitation of a Minor is a felony punishable by up to ten years imprisonment. It is prosecuted in the Court of General Sessions, usually by the South Carolina Attorney General's Office. This offense relates to improper instant messaging, or chatting, with an individual who is, or indicates that they are a minor. Frequently law enforcement sets up Internet stings where they make themselves available for instant messaging in adult oriented chat-rooms, only later indicating that they are minors.

Sexual Exploitation of a Minor
S.C. Code § 16-15-395

Sexual Explotation of a Minor is a felony punishable by three to twenty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense involves the engagement of a minor for either a live sexually oriented performance, or for the production of child pornography.

Child Pornography Possession
S.C. Code 16-15-410

Child Pornography Possession is a felony punishable by up to ten years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense involves the possession or actual, or created representations (such as animations), of a minor engaged in sexual activity.

Distributing Obscene Material to Children
S.C. Code § 16-15-345

Distributing Obscene Material to Children is a felony punishable by up to fifteen years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense involves the distribution of obscene or pornographic materials, whether in a book, magazine, video, DVD, or on a Computer, to any minor.

Solicitation for Prostitution
S.C. Code 16-15-90

Solicitation for Prostitution is a misdemeanor, punishable by up to three years imprisonment. It is either prosecuted in the Magistrate Court or the Court of General Sessions depending on the number of prior convictions a Defendant has.

Promoting Prostitution of a Minor
S.C. Code 16-15-415

Promoting Prostitution of a Minor is a felony, punishable by three to twenty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense relates to the encouraging, managing or allowing any minor to prostitute themselves.

Participation in Prostitution of a Minor
S.C. Code 16-15-425

Participation in Prostitution of a Minor is a felony, punishable by two to five years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense relates to any adult requesting that a minor prostitute themselves, or where an adult attempts to hire a minor prostitute through a third party.

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