Common Types of Sex Crimes in South Carolina

Oct 15 2024
Law Office Of Charles T Brooks III

Sex crimes come with a certain stigma. When a person is convicted, this has a drastic, life-altering effect on their lives. However, even if a person is just accused, this can have a negative effect on their social and even professional lives. Knowing the common types of sex crimes in South Carolina can help you understand the charges, if any, that are filed against you.

Sex Crimes in South Carolina Defined

According to South Carolina, sex crimes are illegal acts that are sexual in nature. Sex crimes can involve violence or threats of violence, the use of weapons or threats to use them, abuse, and the showing of sexual materials that are illegal, amongst other mitigating circumstances.

Sexual offenses also include having sexual relations with people who are mentally unable to understand or control their actions, people who are physically helpless and can’t speak clearly, and minors. Most sex crimes in the state are considered felonies. Crimes against morality and decency, which include sex crimes, are grouped together in South Carolina.

Types of sexually related crimes include:

  • Sexual assault and battery. Assault and battery with a sexual element are two types of sex crimes. It can include touching someone’s private parts in a sexual way without their permission or offering to do so. This can also include attempting to attack someone with the purpose of forcibly performing sexual acts on them. The possible charges will depend on the details of the case.
  • Rape. In South Carolina, rape is also known as criminal sexual behavior. It is a form of sexual assault and battery. Rape is typically classified at a certain level, but it includes forcing someone to engage in sexual activity against their will. In other words, the victim either did not consent or could not consent to the act. Rape convictions carry hefty prison sentences.
  • Child pornography. Putting together a video or picture of a minor doing something sexual is a first-degree felony, as is encouraging or letting a minor do something sexual for a video, picture, or live show. It is a second-degree felony to share or try to get child pornography online. Having any kind of movie or picture of child pornography is a third-degree felony.
  • Criminal sexual conduct. This is when someone sexually assaults someone else without their permission or because they were forced to. Depending on the details of the crime, this could be considered a first-, second-, or third-degree felony.
  • Sex with a minor/statutory rape. In South Carolina, a minor must be at least 16 years old to formally agree to sex. If an adult engages in sexual activity with anyone younger than this, it is a crime. Penalties for this can vary depending on the circumstances surrounding the incident, but the younger the victim, the harsher the penalties.
  • Prostitution. It is against the law to be a sex worker or a customer in a prostitution business. A Class A offense is being a prostitute. If you are found guilty of a first crime, you could face a fine and time in jail. For repeat offenders, the effects are worse. Prostitution is different from pornography in that prostitution is usually between two consenting adults, where one is offered payment in exchange for sex.

These are just a few of the types of sexually related crimes you could be charged with. There are, however, many others.

South Carolina Sex Offender Registry

In South Carolina, certain crimes are required to be filed with the sex offender registry if a person is convicted. This information is open to the public. While it was established as a tool to keep the public safe, it can have long-term, even lifelong, effects on those who are registered, including making it harder for them to find jobs and appropriate housing.

This registry also strips the convicted person’s privacies away, such as their address, criminal record, and sometimes pictures, which are all included in the registry. However, not filing with the registry can result in additional penalties and criminal charges.

Not all sex crimes are required to be registered. For instance, someone who has engaged in prostitution may not have to register, depending on the circumstances surrounding the case, but those who have been convicted of performing sexual crimes against children are likely to have to register.

FAQs

What Sex Crimes Are Committed Most Frequently in South Carolina?

Sexual assault, criminal sexual conduct, underage sexual exploitation, and indecent exposure are common sex offenses in South Carolina. Possession or distribution of child pornography is the sexual exploitation of minors, whereas indecent exposure is public lewdness. Depending on severity and circumstances, these crimes are severely punished, and the penalties can range from probation to extensive prison time.

What Are the Types of Sex Crimes?

South Carolina defines sex crimes as violations of morals and decency, which include criminal sexual behavior, criminal sexual conduct with a minor, sexual exploitation, prostitution, and indecent exposure. Criminal sexual conduct, for example, has varying degrees depending on the seriousness of the offense, such as nonconsensual activities or acts involving children. The penalties for each conviction vary depending on the nature of the crime, although they frequently include fines, jail, and mandatory registration on the Sex Offender Registry.

What Are the Crime Laws in South Carolina For Sex?

South Carolina sex crime laws are intended to protect against nonconsensual sexual activities, exploitation, and offenses involving minors. Criminal sexual behavior is classed into degrees, with first-degree offenses having the worst penalties. The rules include protections against abuse, including marital sexual battery in certain cases, and impose strict sentence criteria. Many felonies necessitate registration with the South Carolina Sex Offender Registry, which monitors convicted criminals to improve community safety.

What Are the Levels of Sex Offenders In SC?

South Carolina divides sex offenders into three levels based on how dangerous they are. Level I has low-risk offenders, Level II has moderate-risk offenders, and Level III has high-risk offenders who are more likely to commit another crime. The level assignment sets the requirements for registration and monitoring, which in turn affects how often and for how long updates happen. Level III offenders must follow tighter rules.

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If you or a loved one has been charged with a sex crime, the Law Office of Charles T. Brooks III can help you in the legal process. Contact us today to get started.

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