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The Shealey Law Firm has experienced criminal defense attorneys who can argue against criminal sexual conduct charges in Charleston, SC. Contact our sex crime defense attorneys for help.
Criminal Sexual Conduct With a Minor Charges
Criminal Sexual Conduct (CSC) with a minor is an extremely serious and detrimental felony charge. There are serious consequences to a CSC with a Minor charge including but not limited to, prison time, damaged reputation, registration as a sex offender, and electronic monitoring.
The Shealey Law Firm has ample experience defending against these complex and difficult charges listed below.
CSC with a minor in the first degree
A person may be charged with CSC with a Minor in the First Degree when they are alleged to have committed sexual battery with a minor under eleven years old. This charge may also be brought if an individual is alleged to have engaged in sexual battery with a minor under the age of sixteen and that individual has a prior conviction for a sex crime that required them to register on the sex offender registry.
The consequences of being convicted of CSC with a Minor in the First Degree are a prison sentence of ten to thirty years for a first conviction. For a second conviction, an individual faces life in prison with no parole or even the death penalty depending on the nature of the alleged circumstances.
CSC with a minor in the second degree
CSC with a Minor in the Second Degree occurs when a person is alleged to have engaged in sexual battery with a minor who is between eleven and fourteen years old. CSC with a Minor in the Second Degree may also be charged when a person is alleged to have engaged in sexual battery with a minor between fourteen and sixteen years old and the individual is in a position of “familial, custodial, or official authority to coerce the victim or is older than the victim”. This charge does not apply when the accused is eighteen years old or less and the minor was at least fourteen years old when consensual sexual conduct occurred.
CSC with a Minor in the Second Degree carries a penalty of a maximum twenty years in prison as well as registration on the sex offender registry and possible electronic monitoring which can threaten an individual’s livelihood and personal life.
CSC with a minor in the third degree
An individual may be charged with CSC with a Minor in the Third Degree if they are over the age of fourteen years old and are alleged to have willfully and lewdly committed or attempted to commit a lewd or lascivious act on or with the body of a minor under the age of sixteen with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or minor.
This carries a penalty of up to fifteen years in prison and the possibility of a fine that is set by the Court. Additionally, a conviction of CSC with a Minor in the Third Degree requires electronic monitoring and registration on the Sex Offender Registry which can have drastic effects on an individual’s life and relationships.
Rape Charges in Charleston, SC
In South Carolina, the statutory equivalent of rape is Criminal Sexual Conduct (CSC).
CSC in the First degree requires that an individual engaged in sexual battery of the alleged victim and that he used aggravated force to commit sexual battery, the victim submitted to sexual battery while she was forcibly confined, kidnapped, trafficked, being robbed, extorted, or she was also the victim of burglary or housebreaking or a similar act when the sexual battery occurred. A person may also be charged with CSC in the First degree if he allegedly engaged in sexual battery after causing the victim to become incapacitated or helpless by administering a drug or substance to her without her consent.
A person may be charged with CSC in the Second degree if he is alleged to have used aggravated coercion to accomplish sexual battery against a victim.
CSC in the Third degree occurs when a person allegedly engages in sexual battery and he either used force or coercion to accomplish the battery or he had known or had reason to know that the victim was mentally impaired or physically helpless and didn’t use aggravated force or coercion to commit sexual battery on the victim.
At the common law, rape is a felony that carries a possible prison sentence of three months to ten years. However, the penalties for CSC are much more serious. If convicted of CSC in the First degree or Second degree, an individual may be sentenced anywhere from twenty to thirty years in prison without eligibility for parole as well as being convicted of a violent, sexually violent offense, and most serious crime.
Individuals convicted of CSC in the First degree may also be listed on the Sex Offender Registry and the Child Abuse Registry dependent on the circumstances. If convicted of CSC in the Third degree, an individual faces up to ten years in prison as well as registration on the Sex Offender Registry and Child Abuse Registry.
Allegations of rape or Criminal Sexual Conduct are extremely serious and detrimental felony charges. There are serious consequences including, but not limited to, prison time, and a damaged reputation that may jeopardize career and personal opportunities.
Sexual Exploitation of a Minor Charges
A person may be charged with sexual exploitation of a minor if she is alleged to have used, induced, coerced or facilitated a minor to engage in sexual activity or appear in a sexually explicit nude state where a reasonable person would believe that the purpose of the nudity is to cause sexual stimulation or to produce sexually stimulating materials.
A person may also be charged with sexual exploitation of a minor if he permits a minor under his care or custody to engage in sexual activity or appear in a sexually explicit nude state or if he transports or finances the transportation of a minor through or across South Carolina with the intent for the minor to engage in sexually explicit behavior or activity.
Finally, a person may be charged with sexual exploitation of a minor if she records, photographs, films, develops, produces, copies, or creates digital files for sale or gains material that shows a minor engaged in sexual activity or in a state of sexually explicit nudity.
If convicted of sexual exploitation of a minor in the first degree, a person faces three to twenty years in prison. Sexual exploitation of a minor in the second degree carries a sentence of two to ten years in prison and sexual exploitation of a minor in the third degree carries up to ten years in prison. Each degree also requires registration on the Sex Offender Registry and Child Abuse Registry which can derail an individual’s life.
Contact Our Charleston Sex Crime Lawyers
We can help fight charges involving sex crimes and invite you to contact our Charleston criminal defense lawyers to put our experience in your corner.