What is the Legal Age of Consent in South Carolina?
The "Age of Consent" is a legal term referring to the specific age at which a person may consent to sexual activity. If the activity involves a person above that age, the act may not be considered illegal. In South Carolina, the age of consent is 16, which means a person under the age of 16 is not legally able to consent to sex. In South Carolina, a sexual assault against a minor who is 16 or 17 is a felony punishable by up to 15 years in prison, so it is important to understand the law and the potential penalties involved . The age of consent in South Carolina is slightly different from those of other states. Some states have a lower age of consent, while others have a higher one. The age of consent is typically between 16-18 in all states. The age of consent may vary depending on the state and the circumstances of the offense. The ages for statutory rape in other states can be found here.
Consent Laws in South Carolina
Under the laws of South Carolina, the age of consent is the legal age at which an individual may consent to engage in consensual sexual activity. In South Carolina, the age of consent for both males and females is 16 years of age. South Carolina Code § 16-3-655 and § 16-15-140 impose criminal penalties for unlawful sexual conduct with minors, regardless of a participant’s age. Unlawful conduct with a minor includes "criminal sexual conduct and related offenses" as well as "conduct proscribed by laws prohibiting unnatural acts." See South Carolina Code § 16-3-655(a).
The criminal statutes that outline the ages at which it is illegal to engage in sexual conduct with a minor are South Carolina Code §§ 16-3-655 and 16-15-140. Criminal Sexual Conduct with a Minor in the First Degree occurs when a person age 11 or older engages in sexual battery with a child under 11 years of age. Under South Carolina Code § 16-3-655(D), the gender of the victim or perpetrator of the crime is irrelevant. The offense is graded as a Class A felony which carries with it a penalty of not less than 25 years imprisonment to life without parole. Criminal Sexual Conduct with a Minor in the Second Degree occurs when a person age 16 or older engages in sexual battery with a child under 16 years of age. Although the gender of the perpetrator or victim is again not relevant, this offense is graded as a more serious crime against nature than First Degree Sexual Conduct with a Minor. The punishment for First Degree Sexual Conduct with a Minor is up to 20 years imprisonment or fine of up to $10,000, or both. Criminal Sexual Conduct with a Minor in the Third Degree occurs when a person between the ages of 14 and 16 engages in sexual battery with a child under 14 years old. First Degree Sexual Conduct with a Minor is a Class A felony, Second Degree Sexual Conduct with a Minor is a Class B felony, and Third Degree Sexual Conduct with a Minor is a Class E felony.
Section 16-3-655(F) imposes mandatory reporting obligations on persons 18 or older who have reason to suspect criminal sexual conduct against a minor. Upon suspicion, a person must notify the designated state or local law enforcement agency within 24 hours. The penalty for an initial violation is a misdemeanor punishable by up to 30 days imprisonment or a fine of up to $500, or both. A second or subsequent violation is a felony punishable by up to 2 years imprisonment or a fine of up to $5,000, or both.
Natural Offenses are those not requiring proof of sexual intent. Under South Carolina Code § 16-15-140, it is unlawful for a person to engage in acts of "carnal intercourse" with a minor under 16 years of age by begging, seduction, flattery, adulation, promises, threats, gifts, etc., or to engage in "any unlawful or unnatural lustful act with a victim under the age of 16." Under this statute, a person may be charged with a misdemeanor if convicted of engaging in a "natural" offense (i.e. unlawful or unnatural lustful act section). This misdemeanor carries with it a maximum punishment of 1 year and/or a fine up to $1,000. It is a more severe felony offense to engage in an illegal sexual offense by causing, enticing or permitting to be done "carnal intercourse" with a minor under 16 years of age. Such an offense is a felony punishable by up to 15 years. Recent amendments to the criminal laws require a lifetime tracking device if the perpetrator is convicted of this offense.
Penalties for Disobeying Consent Laws
Most convictions for sexual assault of minors will require that the perpetrator register as a sex offender. The exact offense can make a difference in the sentence and the penalty length. Charges may range from a misdemeanor to a felony, with the legal authority to enforce these statutes resting with the specific local law enforcement agency. In South Carolina, any sexual contact with a minor that amounts to more than consensual fondling or touching can result in felony-level charges.
The specific section that addresses the offense of sexual conduct with a minor under the age of 16 states that the defendant is guilty of criminal sexual conduct with a minor if he or she "engages in a sexual act with a minor under the age of sixteen years." It specifies that the conviction is a felony that is punishable by up to 30 years on the first offense and up to 10 years on subsequent offenses. Prosecution under this statute does not require evidence that the defendant knew the crime was being committed in the state of South Carolina; the offense can happen outside of the state, but the impact has a legal nexus to South Carolina.
Complications and Exceptions
In South Carolina, the legal age of consent does not exist by itself. There are a number of exceptions and special circumstances that apply to the consent laws in South Carolina. These include, but are not limited to:
Spouse exception In nearly all cases, South Carolina sex crime law allows for a spouse to be charged with a sex crime when a sexual act is committed with a spouse who is under the age of consent. This does not apply to a number of exceptions detailed below.
Close-in-age exemptions South Carolina sex crime law allows for consanguinity relationships when engaged in with a person under a certain age. This is commonly referred to as the "close-in-age exemption" or "Romeo and Juliet" law. If the parties are within three years of each other in age and have willingly entered into a sexual relationship, it may not count as statutory rape or juvenile prostitution.
"Statutory rape" is defined as sexual penetration with a person under the minimum age of consent (usually 14, depending on the situation). The penalties for statutory rape in South Carolina range from probation to a minimum of 25 years in prison, depending on the ages of the people involved in the act. All of the following are considered "criminal sexual conduct with a minor in the second degree": All of the following are considered "criminal sexual conduct with a minor in the third degree": This same exception applies to the solicitation of prostitution laws in South Carolina. The state defines prostitution as sexual intercourse or deviant sexual intercourse with another when such person knowingly engages in such conduct for a fee. Solicitation of prostitution is defined as soliciting someone to engage in sexual conduct in exchange for a fee. Again, there are exemptions to this in the case of close-in-age relationships.
Common Myths Surrounding Consent Laws
A common misconception about the legal age of consent in South Carolina is that males can be prosecuted for having sex with a 14 or 15 year old female, but never vice versa. This is not true. Both male and female can be prosecuted for underage sex.
Another misconception is that it is okay for an 18 year old male to date a 17 year old female, but not okay to have sex. This is also not true. Consensual sex with a person less than the age of consent is against the law regardless of whether there is a romantic relationship or not.
Many people think it’s ok to have sex with a minor as long as both individuals are close in age (i.e. a 15 year old female and a 16 year old male). This is also incorrect. The law makes no distinction as to whether both parties were close in age or if there was a wide difference in age. The only factor is whether one of the individuals was over the age of consent.
Some people confuse the "Romeo & Juliet" provision of the law , which sometimes is used to describe Statutory Rape, which states "Prosecution shall not be commenced under this section if the parties are or have been married to each other." The age of consent is important because consent is not an issue until the victim reaches the age of consent. For example, according to S.C. Code § 16-3-655, sexual conduct with a person under 16 is unlawful, but does not fit under the "Romeo & Juliet" provision.
Why Understanding Consent Laws is Important
The complexity of consent laws in South Carolina and elsewhere cannot be understated. Consent laws can be the tipping point as to whether or not certain sexual activity is considered statutory rape, while the age of consent will determine whether or not a particular act can legally take place. When it comes to consent, South Carolina has some of the strictest laws in the nation and it is imperative for residents and visitors to South Carolina to understand those laws and how they apply. While it may seem obvious, those accused of statutory rape in South Carolina are facing very serious consequences and are at risk of being designated as a registered sex offender. The serious ramifications that exist for adult perpetrators of statutory rape show how important it is to understand the laws regarding consent in South Carolina. Education can help prevent criminal issues in the first place.
Additional Resources
If you would like to conduct additional research on the legal age of consent and related laws in South Carolina, please take note of the following sources:
State Resources:
The general laws of South Carolina are available on the state’s official website.
For documentation on specific cases and their results, including consent-related offenses, consult the South Carolina Department of Public Safety.
The state’s Department of Juvenile Justice offers a number of resources related to juvenile offenders .
Legal Aid of South Carolina provides assistance in eligible communities.
The state bar association includes a list of volunteer lawyers who provide pro bono services, including in cases related to consent.
Educational Resources:
Planned Parenthood provides information on the legal parameters of consent in the U.S.
The Rape, Abuse and Incest National Network offers detailed information on consent-related laws in all 50 states.
The American Medical Association’s Center for Patient Advocacy provides relevant advice and information.