If you have been charged with a sex crime in Columbia, it is important to speak with a licensed criminal defense attorney as early as possible. A Columbia criminal lawyer can review the charge and explain your options.
An attorney can explain what to expect at each stage of the process, from the first court dates to a possible plea or a trial. To talk about your charge, call our firm at (803) 879-4499 to schedule a free consultation. A licensed South Carolina attorney at our firm must review the facts of your case before you rely on the general information on this page.
What Makes a Sex Crime?
South Carolina’s sex offenses are defined by statute. The most commonly charged group of offenses is criminal sexual conduct (CSC), which is set out in S.C. Code Ann. §§ 16-3-651 through 16-3-659.1. Many of these offenses turn on a “sexual battery,” which the statute defines, and on circumstances such as force, coercion, the age of the person accused, or the age or condition of the other person.
Other offenses, such as indecent exposure, sexual exploitation of a minor, and the unauthorized sharing of intimate images, are found in other parts of the Code. Each offense has its own elements that the State must prove.
South Carolina’s Laws on Sex Crimes
Criminal sexual conduct is divided into degrees under S.C. Code Ann. §§ 16-3-652 through 16-3-654:
- First degree: Sexual battery combined with certain circumstances, such as the use of aggravated force. It is a felony punishable by imprisonment for not more than thirty years (§ 16-3-652).
- Second degree: Sexual battery accomplished by aggravated coercion. It is a felony punishable by imprisonment for not more than twenty years (§ 16-3-653).
- Third degree: Sexual battery accomplished by force or coercion without aggravating circumstances, or where the actor knows or has reason to know the other person is mentally defective, mentally incapacitated, or physically helpless. It is a felony punishable by imprisonment for not more than ten years (§ 16-3-654).
Assault with intent to commit criminal sexual conduct is punishable as if the criminal sexual conduct had been committed (§ 16-3-656).
Because the penalties are set by statute, a conviction for a sex offense can carry a long prison sentence. The exact exposure depends on the specific charge, so it is important to know exactly what you are charged with.
How Our Columbia Sex Crime Lawyers Can Help
Facing criminal charges in the Columbia, South Carolina area is stressful. Our attorneys can review the charging documents, explain the statute you are charged under, and explain your options. A sex crime case can be complex, and the facts matter a great deal.
What a Criminal Defense Lawyer Does
A criminal defense lawyer can help you understand the legal process when you are facing a charge. Your lawyer can review the evidence, look at how it was collected, advise you about your rights, and represent you in court. No lawyer can promise a particular outcome.
Services Offered by a Columbia Sex Crime Lawyer
Touma Law Group represents people accused of sex offenses in the Columbia area. We understand the fear, confusion, and stress that come with these allegations. We explain each step of the case so that you can make informed decisions.
Types of Cases Handled by Our Columbia Sex Crime Lawyer
Our attorneys handle charges that include the following.
Criminal Sexual Conduct With a Minor
South Carolina law has a separate set of offenses for criminal sexual conduct with a minor (S.C. Code Ann. § 16-3-655). These offenses are divided into degrees based on the age of the minor and other facts. Examples include:
- First degree: Sexual battery with a victim who is less than eleven years of age. The statute provides for a mandatory minimum of twenty-five years or life imprisonment (§ 16-3-655(A)(1) and (D)(1)).
- Second degree: Sexual battery with a victim who is fourteen or less but at least eleven, or a victim who is at least fourteen but less than sixteen where the actor is in a position of familial, custodial, or official authority or is older than the victim. A person convicted under this subsection faces imprisonment of not more than twenty years (§ 16-3-655(B) and (D)(3)). The statute does not allow a conviction under item (B)(2) if the person is eighteen or younger and engaged in consensual sexual conduct with a person who is at least fourteen.
- Third degree: A person over fourteen who wilfully and lewdly commits or attempts a lewd or lascivious act upon a child under sixteen. This is a felony punishable by a fine, imprisonment of not more than fifteen years, or both (§ 16-3-655(C) and (D)(4)).
South Carolina does not use the term “statutory rape” in these statutes. A person under fourteen who is accused of violating these sections is tried as a juvenile (S.C. Code Ann. § 16-3-659).
Indecent Exposure Charges
Section 16-15-130 makes it unlawful to wilfully, maliciously, and indecently expose one’s person in a public place, on property of others, or to the view of any person on a street or highway. A violation is a misdemeanor punishable by a fine in the court’s discretion, imprisonment of not more than three years, or both.
A person convicted of indecent exposure is required to register as a sex offender only if the court makes a specific finding on the record that, based on the circumstances of the case, the person should register (S.C. Code Ann. § 23-3-430(C)(1)(f)).
Other Types of Sexual Offenses
Other offenses in South Carolina law include:
- Sexual exploitation of a minor. These offenses are divided into first, second, and third degree. First degree is a felony with a sentence of not less than five years nor more than twenty years (S.C. Code Ann. § 16-15-395), and second degree is a felony with a sentence of not less than three years nor more than ten years (§ 16-15-405). Third degree is addressed in § 16-15-410.
- Disseminating intimate images without consent. Under S.C. Code Ann. § 16-15-332, the penalty ranges from a misdemeanor to a felony depending on the intent behind the act and whether it is a first or later offense.
- Sexual extortion. See S.C. Code Ann. § 16-15-430.
If you are facing one of these charges, contact our office to talk about your case.
The Sex Offender Registry
South Carolina maintains a sex offender registry that is run by the State Law Enforcement Division (SLED) (S.C. Code Ann. § 23-3-410). A person who is convicted of, or pleads guilty or nolo contendere to, an offense listed in the statute must register (S.C. Code Ann. § 23-3-430). The statute sorts listed offenses into tiers, and the offenses on the list include criminal sexual conduct in the third degree (Tier I) and criminal sexual conduct in the second degree (Tier II).
A person required to register generally must register twice each year for life, subject to the termination provisions of the statute, and must register in each county where the person resides, owns real property, is employed, or attends school; a person classified as a Tier III offender under federal law must register every ninety days (S.C. Code Ann. § 23-3-460). A person who meets the statute’s requirements may apply to SLED to end the registration requirement (S.C. Code Ann. § 23-3-462). Failing to register or to give required notices is a separate crime with its own penalties (S.C. Code Ann. § 23-3-470).
Registration is a separate consequence from the prison sentence. Because the registry rules depend on the exact offense of conviction, they are an important part of any plea decision.
Defense Strategies in Sex Crime Cases
The right approach depends on the facts, the charge, and the evidence. Issues that can come up include the following.
One approach is to test whether the State can prove each element of the charged offense beyond a reasonable doubt. The State bears that burden in a criminal trial (In re Winship, 397 U.S. 358 (1970)). In cases where consent or the circumstances of an encounter are at issue, communications and other records may be relevant, and an attorney can review them.
Another is to examine how the police gathered evidence. Searches, interrogations, and the handling of evidence are all subject to constitutional limits, including the Fourth Amendment and the rules for custodial interrogation (Miranda v. Arizona, 384 U.S. 436 (1966)). If evidence was obtained unlawfully, a defense lawyer can ask the court to suppress it.
Evidence of a complaining witness’s sexual conduct is generally not admissible in criminal sexual conduct prosecutions, with limited exceptions that the judge must decide in a hearing (S.C. Code Ann. § 16-3-659.1). An attorney can explain how those rules apply in a particular case.
Call Touma Law Group Today for a Free Consultation
If you or someone you know has been charged with a sex crime in South Carolina, speak with a licensed criminal defense attorney. At Touma Law Group, our attorneys represent people accused of sexual offenses. We understand the sensitive nature of these cases. Call (803) 879-4499 to talk about your options.
