Criminal sexual conduct with a minor in South Carolina

There are various sex crimes in all the jurisdictions in the united states.  Sex crimes by themselves have severe consequences, and sex crimes that involve children are often even more serious.

In this blog, we will discuss the SC charge of criminal sexual conduct with a minor.  This is South Carolina state specific and it is intended for informational purposes only.

If you have been charged with this or any other sex crime, contact a criminal defense attorney immediately. This blog is no substitute for the advice and counsel of a criminal defense lawyer.

What is criminal sexual conduct with a minor?

This crime is governed by South Carolina Code 16-3-655, and under this law it is described as the sexual battery of a child.

Sexual battery under South Carolina law is described as sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes”.

The severity of the charge depends on the child’s age and the defendant’s previous convictions.

First degree criminal sexual conduct with a minor

• When the defendant committed the sexual battery of a child less than 11 years of age or;
• When the defendant committed the sexual battery of a child who is less than 16 years of age and has been previously been convicted of certain sex offenses or has been ordered to be included in the sex offender registry.

Punishment for first degree criminal sexual conduct with a minor

• Upon conviction, the defendant must be sentenced to a mandatory minimum of 25 years in prison. No part of this sentence can be suspended.
• This rule applies if the victim was a child under 11
• Upon conviction the defendant will be sentenced to 10-30 years,
• This rule applies if the victim was 14 years old or less, and the defendant had an above-mentioned prior conviction.

Second degree criminal sexual conduct with a minor

• When the defendant committed the sexual battery of a child between the ages of 11-14 or;
• When the defendant committed the sexual battery of a child between the ages of 14-16 when that child was in a familial or custodial relationship with the defendant.
• * note: A person may not be convicted of this crime if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age.

Punishment for second degree criminal sexual conduct with a minor

• Punishment for second degree criminal sexual conduct with a minor is imprisonment for not more than 20 years, at the discretion of the court.

Third degree criminal sexual conduct with a minor

• A person is guilty of criminal sexual conduct with a minor in the third degree if the defendant is over fourteen years of age and willfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body, or its parts, of a child under sixteen years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the defendant or the child.
• A person may not be convicted of this if that person is eighteen years of age or less and engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age.

Punishment for third degree criminal sexual conduct with a minor

• Punishment for third degree criminal sexual conduct with a minor is imprisonment for not more than 15 years, a fine, or both.

If you have been charged with a crime in York or the surrounding areas, contact us.