Criminal Sexual Conduct
Criminal sexual conduct (CSC) is any act in which one person engages in sexual battery with another. Under the law, sexual battery is best described as any act of forcible sexual intercourse, oral sex, anal penetration and/or intrusion of any part of a non-consenting person’s body. Although there is no statute in South Carolina that describes this crime as such, this is referred to as rape. Like most other criminal offenses, one could either be charged with criminal sexual conduct in the first, second or third degree. There is also a separate section of the law that deals with criminal sexual conduct with a minor. This offense can also be charged in the first, second or third degree. All degrees of criminal sexual conduct are felonies in the state of South Carolina. Call The Crane Law Firm today for a free initial consultation!
Section 16-3-652. Criminal Sexual Conduct in the First Degree
- A person is guilty of criminal sexual conduct if the individual engages in sexual battery with the victim and if any one or more of the following circumstances are present:
- The individual uses aggravated force to accomplish sexual battery.
- The victim submits to the sexual battery by the individual under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, extortion, burglary, robbery, housebreaking, or any other similar offense or act.
- The individual causes the victim, without the victim’s consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance analogue, or any intoxicating substance.
- Criminal sexual conduct in the first degree is a felony punishable by imprisonment for no more than 30 years.
Section 16-3-653. Criminal Sexual Conduct in the Second Degree
- A person is guilty of criminal sexual conduct in the second degree if the individual uses aggravated coercion to accomplish sexual battery.
- Criminal sexual conduct in the second degree is a felony punishable by imprisonment for no more than 20 years.
Section 16-3-654. Criminal Sexual Conduct in the Third Degree
- A person is guilty of criminal sexual conduct in the third degree if the individual engages in sexual battery with the victim and if any one of the following circumstances are present:
- The individual uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.
- The individual knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically and aggravated force or aggravated coercion was not used to accomplish sexual battery.
- Criminal sexual conduct in the third degree is a felony punishable by imprisonment for no more than 10 years.
Criminal Sexual Conduct with a Minor
Following the same guidelines as the aforementioned crimes, criminal sexual conduct with a minor is a more specific offense that focuses on the age of the victim. This means that an individual can be subject to enhanced penalties if they are convicted of engaging in sexual acts with a minor. Punishment depends on the age of the minor at the time of the sexual conduct.