If you work for a jail, prison, or the South Carolina Department of Corrections and you’ve been accused of inappropriate conduct with an inmate, patient, or offender, you may be facing serious felony charges under Section 44-23-1150 of the South Carolina Code. These allegations are often career-ending and carry the possibility of prison time—even if the contact was entirely consensual.
Who Is Covered Under This Law?
This law applies to employees, contractors, volunteers, and agents of jails, prisons, and mental health facilities, as well as those who supervise parolees, probationers, or work details. Under the statute, these individuals are called “actors.” Importantly, any inmate, patient, or supervised offender is legally incapable of giving consent, even if they appear willing or initiate the contact.
What Is Considered Sexual Misconduct?
Sexual misconduct under this law is broken down into two degrees.
First-Degree Sexual Misconduct (Felony): This includes any act of vaginal, oral, or anal intercourse with an inmate or supervised individual. The penalty is up to 10 years in prison.
Second-Degree Sexual Misconduct (Felony): This includes sexual contact for gratification—like inappropriate touching, fondling, or other conduct involving intimate parts. The penalty is up to 5 years in prison.
Even if you believed the contact was mutual or harmless, the law does not allow for a “consent” defense in these situations.
Other Related Offenses:
False Reporting: Submitting inaccurate or untruthful allegations of sexual misconduct is a misdemeanor, punishable by up to 1 year in jail.
Failure to Report / Witness Intimidation: Professionals who learn of misconduct and don’t report it, or individuals who attempt to silence a witness, can face misdemeanor charges with penalties up to 6 months in jail or a $500 fine.
These offenses are prosecuted in General Sessions court by either the local Solicitor's Office or the Attorney General's Office.
What to Do If You’re Under Investigation or Charged
If you are contacted by your employer, internal affairs, or law enforcement about possible sexual misconduct, you should not make any statements without speaking to an attorney first. These investigations are extremely sensitive, and even a well-meaning explanation can be misinterpreted and used against you.
You don’t have to face this alone.
At the Law Office of James R. Snell, Jr., LLC, we represent correctional officers, jail staff, and other professionals accused of sexual misconduct and other criminal offenses across South Carolina. We know how to navigate complex cases that involve alleged workplace conduct, power dynamics, and institutional politics.
Call us today at (803) 359-3301 for a confidential consultation.
We defend clients throughout Lexington, Columbia, and the entire state of South Carolina.