Criminal Solicitation of a Minor in South Carolina

by | Mar 11, 2020 | Blog Posts, SC Criminal Defense | 0 comments

Criminal solicitation of a minor – All jurisdictions have a wide variety of sex crimes which are harshly punished. Some of those crimes involve sexual conduct with underage people. The main example that everyone thinks of in this context is statutory rape. The completion of the sexual activity, however, is not always necessary for the action to raise the level of crime. Such is the case regarding criminal solicitation on of a minor.

In this blog, we will discuss criminal solicitation or a minor under South Carolina criminal law. What we will talk about is both from a sexual and a non-sexual context. Like all our blogs, this is intended for general informational purposes only and not intended as a substitute for the advice and counsel of a criminal defense attorney.

What is criminal solicitation of a minor?

This crime is covered under South Carolina General Code 16-15-342, and it also covers activities that have nothing to do with sex. Under this law, it is illegal for an adult to attempt to engage in sexual activity with a minor (through coercion, inducing, persuading or enticing), or to attempt to induce them into committing a violent crime, or to induce them perform sexual activity in front of someone who is under the age of eighteen.

The law reads as “someone under the age of eighteen.” Regarding sexual activity, however, consent is a defense if the person is age sixteen or over for sexual activity (the age of consent in South Carolina is sixteen). That doesn’t mean that it would be a complete defense to the crime, however, since solicitation is still illegal, it would just mean that it would be a different crime and not solicitation of a minor.

Punishments for criminal solicitation of a minor

In South Carolina, this crime is punished as a felony and the defendant can be sentenced to up to ten years in prison, fined up to five thousand dollars, or both. Additionally, there are additional collateral consequences, such as the sex offender registry if the crime involves the attempt to engage in sexual activity with a minor.

Also, this crime tends to be charged with other counts or charges of similar or related crimes.  For example, attempt to procure the sexual activity with a child on the internet would likely be charged with criminal sexual conduct with a minor, criminal solicitation of a minor, prostitution, and possibly more crimes.

Criminal charges can be scary, stressful, and difficult to navigate through. If you are in need of a York County criminal defense attorney, contact us.


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