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Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain criminal sexual conduct in the first degree, including penalties, registration, and how to build your defenses.
Understanding Criminal Sexual Conduct First Degree in South Carolina
Criminal sexual conduct in the first degree is the most serious criminal sexual conduct offense in South Carolina. If convicted, a prison sentence is likely, and sex offender registration and electronic monitoring are mandatory.
If you are facing criminal sexual conduct charges in South Carolina, an experienced attorney can represent you. Shealey Law Firm aggressively represents people charged with first degree CSC.
Types of Sex Crimes Charges in South Carolina
South Carolina has several sex crime classifications. It divides criminal sexual conduct into three degrees, with first degree being the most serious. SC sex crimes include:
- Criminal sexual conduct, first degree, § 16-3-652
- Criminal sexual conduct, second degree, § 16-3-653
- Criminal sexual conduct, third degree, § 16-3-654
- Spousal sexual battery, § 16-3-615.
- Criminal sexual conduct with a minor, § 16-3-655
- Sexual battery with a student, § 16-3-755
- Sexual performance by children, § 16-3-800, et seq.
The prosecutor has discretion to charge as they deem most appropriate. Your attorney can explain if lesser-included offenses might be a possibility at trial.
Criminal Sexual Conduct (CSC): Degrees and Penalties
S.C. Code § 16-3-652 is criminal sexual conduct in the first degree. It is sexual battery under any of these circumstances:
- Aggravated force. Using aggravated force to commit sexual battery.
- Confinement. The offender uses trafficking in persons, forcible confinement, or a similar action to commit sexual battery.
- Incapacitation. The offender physically or mentally incapacitates the victim, including by using an intoxicating substance.
- Minor. A victim under 11 years old or a victim under 16 when the offender has a previous qualifying offense.
Criminal sexual conduct in the first degree is a felony punishable by up to 30 years in prison. When the violation is § 16-3-655, involving a minor under 11, the offense is punishable by 25 years to life imprisonment.
See S.C Code § 16-3-655: Criminal sexual conduct of a minor as first-degree criminal sexual assault.
Sexual Battery vs. Criminal Sexual Conduct: What’s the Difference?
In South Carolina, criminal sexual conduct is the sexual battery law. The law defines sexual battery in § 16-3-651(h) to include any intrusion into another person’s genital or anal openings, except for medical treatment. Criminal sexual conduct laws prohibit sexual battery, creating several different offenses based on the circumstances of the offense.
In addition, S.C. Code § 16-3-656 says that assault with intent to commit criminal sexual conduct is punishable as though the offense were committed.
South Carolina’s Sex Offender Registration Requirements
S.C. Code § 23-3-430 makes sex offender registration mandatory for anyone convicted of criminal sexual conduct in the first degree. There are many other sexual battery and sexual conduct offenses that also require registration. Registration is required whether the person pleads guilty, is found guilty at trial, or is adjudicated delinquent.
Before release from prison, the offender must provide an address where they’ll be living. Law enforcement communicates the address to the local county sheriff. An offender put on probation must register within one business day of sentencing and have photographs updated annually.
An offender must register in every county where they live, own property, work, attend school, volunteer, intern, or pursue a vocation.
An offender must register biannually for life, during their birth month and six months after. Violent offenders must verify registration and have their photo taken every 90 days, unless they’re in custody.
An offender has three days to notify the sheriff of any change in address or change in activity, such as attending school.
When they register, they must provide Internet account information.
See South Carolina sex offender registry laws.
Life After a Sex Crime Conviction: Housing, Employment, and Travel Restrictions
A person convicted of a sex crime faces significant limitations in their housing, employment, and travel. A person subject to the sex offender registry can’t live near a school, daycare center, child recreational facility, park, or public playground. They can’t live in campus student housing at a state-funded college.
They will face challenges in finding employment. A sex offense makes it nearly impossible to work in law enforcement, healthcare, financial services, education, or any other job requiring government clearance.
U.S. passports have a unique identifier for sex offenders. Offenders must provide advanced notice of intent to travel. Sex offenders can’t receive U.S. passport cards. Some countries deny entry to sex offenders, either completely or on a case-by-case basis.
What To Do If You’ve Been Accused of a Sex Crime in SC
If you’re accused of a sex crime in South Carolina, it’s important to aggressively fight the charges. Defenses may include false accusations (e.g., custody and domestic disputes), consent, insufficient evidence, inadmissibility of evidence, lack of sexual contact, witness credibility issues, chain of evidence errors, mistaken identity, and more.
If you’re facing allegations or charges, don’t speak to the police without a lawyer present. Don’t agree to a polygraph. You need an attorney immediately.
Protect Your Rights. Talk to a Lawyer
Shealey Law Firm is a defense attorney for criminal sexual conduct first degree in South Carolina. If you’re facing charges, call or message us now.