South Carolina Prohibited Consensual Sexual Activity Laws

Everyone knows that nonconsensual sexual conduct, like rape and sexual assault, is illegal. You might not know, however, that you can get in trouble for certain consensual sexual activities, as well.

Continue reading for a breakdown of the laws in South Carolina against certain consensual sexual activities.

Sexual Activities Laws

Most people assume that their sexual lives are their own business. Why would the government want to regulate what people do behind closed doors? The truth is that, aside from public indecency that occurs in a public place, most state consensual sex laws regulate private relations.

These regulations reflect the social norms of a particular jurisdiction, which is why these laws tend to change over the years. Some states still have old consensual sexual activity laws on the books, such as laws prohibiting adultery. Most law enforcement agencies don’t enforce these laws.

South Carolina law still makes it illegal to engage in sodomy even though the U.S. Supreme Court ruled anti-sodomy laws unconstitutional in Lawrence v. Texas (2003). South Carolina state law also prohibits prostitution, lewdness, and indecent exposure.

South Carolina’s Statutory Rape Laws

Every state has laws prohibiting adults from engaging in sexual intercourse with a minor. These are referred to as statutory rape laws. South Carolina has criminal laws forbidding these relationships as well.

South Carolina law refers to statutory rape as sexual criminal contact with a minor. Since the legal age of consent in South Carolina is 16, the statutory rape laws target people over the age of 18 who engage in sexual intercourse, oral sex, or anal sex with someone under the age of 16.

First-degree sexual contact with a minor is the most severe of these offenses. They include two types of cases:

• Cases where the defendant is over the age of 18 and engages in sexual penetration with someone under 16 years old
• Any case where the defendant has a prior conviction for sexual criminal contact with a minor

The penalty for first-degree statutory rape is 25 years to life.

Second-degree sexual contact with a minor carries a penalty of up to 20 years in prison. These cases involve a defendant over 18 and a minor aged 11-14. To be guilty of this offense, the defendant must engage in sexual penetration, sexual intercourse, anal sex, or oral sex with the victim.

Finally, there is the most common of the statutory rape offenses – third-degree. These cases involve a defendant over the age of 14 who engages in lewd acts with another person under the age of 16. These cases do not include sexual intercourse or penetration. Sexual contact is limited to other sexual acts meant to foster arousal or sexual gratification.

The penalty for third-degree sexual contact with a minor is up to 15 years in state prison.

South Carolina’s Romeo and Juliet Laws

Most states have what we refer to as “Romeo and Juliet” laws. These close-in-age exemptions apply in very specific circumstances. If your criminal defense lawyer can prove that you meet the close-in-age criteria, there’s a good chance the state will acquit you of any criminal charges.

To qualify for this exemption, you must meet the following requirements:

• The victim must be over 14 years old
• The defendant must be 18 years or younger
• The sexual contact does not include sexual intercourse or penetration

An example of a “Romeo and Juliet” situation is where the defendant is 17 and the victim is 14. If the defendant is 19 or 20, they will not qualify for this exemption.

Consensual Sexual Activity Laws in South Carolina

If you’re facing criminal charges for violating the state’s consensual sexual activity laws, you should familiarize yourself with these statutes. Knowing what penalties you face for engaging in criminal sexual conduct can be helpful.

The chart below highlights some of the consensual sex laws in the South Carolina Code of Laws.

South Carolina Prohibited Consensual Sexual Activity Laws: Related Resources

While state sex laws have evolved along with our social attitudes toward sex, older laws and those targeting sexual abuse of minors can still cause legal problems. For more articles and resources on this topic, visit FindLaw’s Sex Crimes section. If you’re facing charges for a sex crime or need legal advice, contact a South Carolina criminal defense attorney.