Lexington Sex Crimes Attorney
Defining Criminal Sexual Conduct in South Carolina
South Carolina Code § 16-3-652 states that criminal sexual conduct
can be defined as any act in which one person engages in sexual battery
with another. Under the law, "sexual battery" can be used to
describe any act of forcible sexual intercourse, oral sex, anal penetration
and/or intrusion of any part of a non-consenting person's body. Although
there is no statute in South Carolina that describes this crime as such,
it is often referred to as rape. Like most other criminal offenses, one
could either be charged with criminal sexual conduct in the first, second
or third degree. Similarly, there is a separate section of the law that
deals with criminal sexual conduct with a minor—which can also be
charged in the first, second or third degree. It will always be prosecuted
as a felony, however, so you should not hesitate to speak with a
criminal attorney if you have been charged with a similar offense.
Why hire the Law Office of James R. Snell, Jr., LLC?
- We put decades of experience to work for you.
- We provide you with individualized representation.
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To learn more about your legal options,
contact our firm today!
Criminal Sexual Conduct in the First Degree
Criminal sexual conduct in the first degree is a felony that is punishable
by imprisonment for 10-30 years—no part of which may be suspended
or lessened by probation. Under S.C. Code § 16-3-652, this
sex crime is defined as any act in which one person engages in sexual battery with
another. In order for such an act to rise to the level of a first-degree
offense, however, one of more of the following conditions must have contributed
to the perpetration of the crime:
- The offender used aggravated force to accomplish sexual battery
- The victim was subjected to forcible confinement, robbery, burglary or
- The victim was incapacitated through the use of a controlled substance
Criminal Sexual Conduct in the Second & Third Degree
Criminal sexual conduct in the second degree is a felony that is punishable
by imprisonment for 5-20 years—no part of which may be suspended
or lessened by probation. Under S.C. Code § 16-3-653, this crime
is defined as any act in which one person engages in sexual battery with
another through the use of aggravated coercion. This could involve using
physical force or threatening injury with a dangerous weapon to accomplish
the intended action. When looking at criminal sexual conduct in the third
degree, however, S.C. Code § 16-3-654 states that the offender does
not need to carry out the assault through aggravating factors. Rather,
it must only be shown that a) they have used force or coercion in the
absence of aggravating factors or b) they knew or had reason to know that
the victim was mentally incapacitated or physically helpless. This is
a felony that is punishable by imprisonment for 3-10 years.
Criminal Sexual Conduct with a Minor
Following the same guidelines as the aforementioned crimes, criminal sexual
conduct with a minor is a more specific offense that focuses on the age
of the victim. This means that you could be subject to enhanced penalties
if are convicted of engaging in unwanted sexual acts with a minor. Under
the law, you would be guilty of criminal sexual conduct with a minor in
the first degree if you have engaged in sexual battery with a) a victim
who is less than 11 years old or b) a victim who is less than 16 years
old and you have previously been convicted of or plead guilty to an offense
that is listed in Section 23-3-430(C)—which includes, but is not
limited to, the following:
Charged with Rape? Turn to a Lexington Sex Crimes Lawyer for Help.
If you or someone you love has been charged with any form of criminal sexual
conduct, it is imperative that you move quickly to secure an aggressive
defense. Aside from murder, this is one of the most severely punished
forms of crime in South Carolina. For this reason, you should not hesitate
to protect your future by retaining the assistance of a Lexington criminal
lawyer from the
Law Office of James R. Snell, Jr., LLC as soon as possible.
Get started today by calling our office at (888) 301-6004 for a free initial
consultation or submit a
complimentary case evaluation form to reach us online. From there, our firm will work diligently to
develop an effective defense on your behalf.