A criminal sexual conduct with a minor accusation can threaten your freedom, your family relationships, and your future. If you or someone you love is under investigation in Lexington, South Carolina, or Columbia, South Carolina, one of the first questions is often: How much jail time could this mean?
The answer depends on the exact charge. Under South Carolina law, first-degree CSC with a minor involving a child under 11 carries a mandatory minimum of 25 years in prison and a possible life sentence. A separate first-degree provision for certain prior offenders carries 10 to 30 years. Second-degree CSC with a minor carries up to 20 years, while third-degree carries up to 15 years.
Those are sentencing ranges, not predictions about your case. An accusation is not a conviction, and the degree listed on an arrest warrant does not establish that the State can prove the offense.
If police or the Department of Social Services have contacted you about an allegation, you do not have to wait for an arrest to seek legal advice. Call the Law Office of James R. Snell, Jr., LLC, at (803) 359-3301 to request a free consultation. Same-day appointments are typically available.
What Is Criminal Sexual Conduct With a Minor?
Criminal sexual conduct with a minor, often shortened to CSC with a minor, is a South Carolina felony offense covering specified sexual acts involving children. People sometimes refer to these allegations as child molestation, but the precise statutory charge matters when evaluating the evidence and possible punishment.
South Carolina Code 16-3-655 divides the offense into three degrees. The applicable degree can depend on the child's age, the accused person's age, the alleged conduct, the relationship between the people involved, and certain prior offenses or registration requirements.
The legal definition of “sexual battery” is also broader than many readers realize. It includes sexual intercourse, certain oral sexual acts, and specified intrusion into genital or anal openings. Describing every sexual battery allegation simply as “penetration” can leave out conduct covered by the law.
First-Degree CSC With a Minor
Under Section 16-3-655(A)(1), first-degree CSC with a minor includes sexual battery with a child under 11. A conviction under this provision carries a mandatory minimum of 25 years in prison, with a possible life sentence. The mandatory minimum cannot be suspended, and probation cannot replace it.
First-degree CSC with a minor is not limited to allegations involving children under 11. Section 16-3-655(A)(2) also covers sexual battery with a child under 16 when the accused has a qualifying prior conviction, plea, juvenile adjudication, or court-ordered sex offender registration status. A conviction under that provision carries 10 to 30 years in prison, with no suspension of the sentence or probation.
Special repeat-offender provisions can further affect sentencing. For that reason, an attorney needs to examine the specific subsection charged and any prior record before explaining your exposure.
Second-Degree CSC With a Minor
Second-degree CSC with a minor carries a possible sentence of up to 20 years in prison.
Section 16-3-655(B)(1) addresses sexual battery with a child who is at least 11 but no older than 14. Section 16-3-655(B)(2) addresses sexual battery with a child who is 14 or 15 when the accused is older than the child or holds a position of familial, custodial, or official authority to coerce the child to submit.
The second provision contains a limited exception for consensual conduct when the accused is 18 or younger and the other person is at least 14. That exception should not be treated as a blanket defense to every allegation involving teenagers. The exact ages, conduct, and statutory provision must be examined.
The second-degree sentencing provision does not specify a mandatory minimum prison term. That does not mean probation or a sentence without incarceration is guaranteed. Sentencing options depend on the applicable law, criminal history, and circumstances of the case.
Third-Degree CSC With a Minor
Third-degree CSC with a minor carries a possible sentence of up to 15 years in prison, a fine in the court's discretion, or both.
Under Section 16-3-655(C), the accused must be older than 14 and must willfully and lewdly commit or attempt a lewd or lascivious act upon or with the body of a child under 16, with the sexual intent specified by the statute.
Penetration is not required. The statute also covers attempted acts, so it is incomplete to describe the offense only as completed sexual touching. At the same time, the State must prove the required elements, including intent. An allegation of contact alone does not resolve those questions.
This subsection also contains a limited exception for consensual conduct involving an accused person who is 18 or younger and another person who is at least 14.
There is no specified mandatory minimum prison term in the third-degree sentencing provision. However, a conviction remains a felony and can have consequences far beyond the sentence imposed.
What Affects the Sentence in a CSC Case?
The degree of the offense is only the starting point. The accused person's criminal history, the number of charges, the facts established by the evidence, mitigation submitted on behalf of the defendant, and any applicable sentencing restrictions can affect the outcome.
If a case involves multiple counts, the potential total sentence may exceed the maximum for a single count. An attorney must also distinguish the sentence a court could impose from the time a person might actually serve. Parole eligibility, sentence credits, and release restrictions require a separate analysis.
The date of the alleged conduct matters because the law applicable to an older allegation may differ from today's law. Cases involving juveniles require a separate review as well. This article focuses on criminal sentencing in an adult context rather than the full range of juvenile court procedures.
Consequences Beyond Prison Time
A CSC with a minor conviction by an adult involving a minor will require sex offender registration.
Electronic monitoring can also be a major consequence. Section 23-3-540 contains mandatory monitoring language for first-degree convictions under Section 16-3-655(A)(1) and for third-degree convictions. It also permits monitoring for other covered offenses, including second-degree CSC with a minor, subject to statutory exceptions.
The specific monitoring provision, applicable court decisions, and individual circumstances matter. Do not assume monitoring is limited to the period immediately following prison or that the same rules apply to every conviction.
A conviction may also affect employment, housing, professional licensing, and family relationships. Certain offenses carry statutory restrictions on where a person may live or work. Evaluating a plea offer means understanding these consequences along with the proposed prison sentence.
Does Everyone Accused of CSC With a Minor Go to Jail?
No. An accusation does not automatically result in an arrest, and an arrest does not automatically result in a conviction. The State must prove the charged offense beyond a reasonable doubt at trial.
It is also important to distinguish detention before trial from imprisonment after conviction. A person may spend time in a detention center after an arrest while bond issues are addressed, even though the person has not been convicted. Release on bond does not determine whether the case will later result in a prison sentence.
Depending on the evidence and applicable law, a defense attorney may identify grounds to challenge a charge, seek exclusion of unlawfully obtained evidence, negotiate a resolution, or prepare for trial. No attorney can promise that an investigation will end without an arrest or that a charge will be dismissed.
What Should You Do If Police or DSS Contact You?
Speak with a criminal defense attorney before giving an interview about the allegation. Trying to explain your side without legal advice can create problems, including statements that are misunderstood or later used against you.
You can clearly state that you wish to remain silent and want to speak with an attorney before answering questions about the accusation. Do not assume an informal conversation is off the record.
The same caution applies to interviews with Department of Social Services investigators. If DSS is involved, obtain advice about both the criminal investigation and any related child protection proceedings. Do not ignore a court order, hearing notice, or deadline.
You can decline a request for voluntary consent to search your home or phone. However, refusing consent does not necessarily prevent a lawful search. Officers may have a warrant or another legal basis to proceed. Do not physically interfere with a search; tell your attorney what happened so its legality can be evaluated.
Get Help in Lexington and Columbia South Carolina
If you are facing a CSC with a minor accusation in Lexington, South Carolina, Columbia, South Carolina, or the surrounding Midlands, getting legal advice early can help you understand the charge and make informed decisions before an interview, hearing, or plea.
The Law Office of James R. Snell, Jr., LLC, represents people accused of or under investigation for CSC offenses. During a free consultation, we can discuss the allegation, review the information available, explain the potential penalties, and identify the next steps for protecting your rights.
Do not wait until you have given a statement or are standing in court to ask for help. Call (803) 359-3301 today to request your free consultation. Same-day appointments are typically available. If an investigator has requested an interview or you have an upcoming court date, let our office know when you call.
This article provides general information and is not legal advice for any particular case. All cases are unique, and prior results obtained by the attorney in one matter do not indicate that similar results can be obtained for other clients in other matters.