SC Judicial Department

C.
Offense Against Morality and Decency

ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT

Class A, C, or E Felony	Code Section 16-3-656
	CDR Codes 253-255

Elements Of The Offense

1. That the accused had the intent to commit Criminal Sexual Conduct.
2. That there was an overt act toward commission of the crime.
3. That the accused failed to accomplish actual "Sexual Battery."

Penalty:

Assault with intent to commit criminal sexual conduct described in the above sections shall be punishable as if the criminal sexual conduct was committed.

BIGAMY

Class F Felony	Code §16-15-10
	CDR Code 31

Elements Of The Offense:

1. That the accused is legally married, and
2. That the accused did enter into a subsequent marriage with another.

Note: The accused is not properly charged if:

a. the first spouse has been continually absent for 7 years and the accused does not know that his or her first spouse is still living,

b. he or she (the accused) entered into the first marriage before the age of consent,

c. his or her spouse is under sentence of imprisonment for life,

d. his or her marriage has been properly dissolved by annulment or divorce.

e. The accused is properly charged if the first marriage is voidable but not void. State v. Sellers, 140 S.C. 66, 134 SE 873 (1926)

Penalty:

Fine of not less than $500 or imprisonment for 6 months; or imprisonment for not less that 6 months nor more than 5 years.

CRIMINAL SEXUAL CONDUCT - FIRST DEGREE

Class A Felony	Code §16-3-652
	CDR Code 160

Elements Of The Offense:

1. That the accused engaged in sexual battery with the victim; and

2. That one or more of the following circumstances are present:

a. the accused used aggravated force to accomplish the sexual battery, and/or

b. the victim submitted to the sexual battery under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense or act.

c. the accused caused 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, a controlled substance analogue, or any intoxicating substance.

Note: For definitions of sexual battery and aggravated force, refer to §16-3-651.

Penalty:

Imprisonment for not more than 30 years at the discretion of the court.

CRIMINAL SEXUAL CONDUCT - SECOND DEGREE

Class C Felony	Code §§16-3-653, 16-3-655 (B) & (C), 16-3-656
	CDR Code 161, 396-397, 256

Elements Of The Offense:

1. That the accused used aggravated coercion to accomplish sexual battery

Note: Refer to §16-3-651 for definitions of aggravated coercion and sexual battery. Aggravated coercion is distinguished from aggravated force in that coercion entails a threat, where aggravated force involves the carrying out of the threat. A person is guilty of this offense if he engages or attempts to engage in sexual battery with a victim who is 11 to 14 years old and the actor is older than the victim. Also, one is guilty of this offense if the victim is 14 to 16 years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit, or is older than the victim. [§§16-3-655(3) and 16-3-656].

Penalty:

Imprisonment for not more than 20 years, at the discretion of the court.

CRIMINAL SEXUAL CONDUCT - THIRD DEGREE

Class E Felony	Code §16-3-654
	CDR Code 162

Elements Of The Offense:

1. That the accused engaged in sexual battery with the victim; and

2. That one or more of the following circumstances are proven:

a. the accused used force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.

b. the accused knew or had reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used.

Note: This section is distinguished from Criminal Sexual Conduct in the First and Second Degree by the lack of "aggravated force" or "aggravated coercion" as defined in §16-3-651(c) and (b).

Penalty:

Imprisonment for not more than 10 years at the discretion of the court.

CRIMINAL SEXUAL CONDUCT WITH A MINOR – FIRST DEGREE

Exempt or Class A Felony Code §16-3-655

CDR Code 385, 3022

Elements of the Offense:

        1. That the accused engaged in sexual battery with a victim who is less than eleven (11) years of age; or
        2. The accused engaged in sexual battery with a victim who is less than sixteen (16) years of age and the accused has previously been convicted of, pled guilty or nolo contendere to, adjudicated delinquent for an offense listed in § 23-3-430 (C) or has been ordered to be included in the sex offense registry pursuant to § 23-3-430 (D).

Penalty:

          1. A person convicted of one (1) above must be imprisoned for a mandatory minimum of 25 years, no part of which may be suspended or probation granted, or must be imprisoned for life.

Note: If defendant has previously been convicted of first degree sexual conduct with a minor who is less than eleven years of age, he must be punished by death or by imprisonment for life.

           2. A person convicted of two (2) above must be imprisoned for not less than ten (10) years, nor more than thirty (30) years, no part of which may be suspended or probation granted.

CRIMINAL SEXUAL CONDUCT WITH A MINOR- SECOND DEGREE

Class C Felony Code §16-3-655

CDR Code 396, 397

Elements Of The Offense:

1. That the accused engaged in sexual battery with the victim who is fourteen (14) years of age or less, but who is at least eleven (11) years of age; or

2. The accused engages in sexual battery with a victim who is at least fourteen (14) years of age, but who is less than sixteen (16) years of age, and the accused is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen (18) years of age or less when he engages in illicit, but consensual, sexual conduct with another person who is at least fourteen (14) years of age.

Penalty:

Imprisonment for not more than 20 years at the discretion of the court.

CRIMINAL SEXUAL CONDUCT WITH A MINOR – THIRD DEGREE

Class D Felony Code §16-3-655

CDR Code 3661

Elements Of The Offense:

1. That the accused willfully and lewdly commits or attempts to commit a lewd or lascivious act upon the body, or its parts, of a child under sixteen years of age,

2. That the accused is over fourteen years of age, and

3. That the act was committed with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child.

Note: This section involves acts which are usually classified as "fondling". No attempt at actual sexual intercourse need be proved for conviction under this statute.
Note: A person may not be convicted of a violation of this law if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age.

Penalty: Fine in the discretion of the court or imprisonment for not more than 15 years or both.

DISSEMINATING HARMFUL MATERIAL TO MINORS

Class F Felony	Code §16-15-385
	CDR Code 378

Elements Of The Offense:

1. That the accused knowingly disseminated harmful material to minors, and,
2. The accused sells, furnishes, presents, distributes, or allows a minor to review material that is harmful to minors.

Note: It is an affirmative defense for the defendant to show he/she was: 1) a parent or legal guardian of a minor, 2) a school, church, museum, college, university library, government agency, medical clinic, or hospital carrying out its legitimate function, 3) misled as to the age of the recipient by false proof of identification and reasonably believed the minor was at least 18 years old.

See §16-15-375 for definitions applicable to §16-15-385.

Penalty:

Fine of not more than $5,000 or imprisonment for not more than 10 years, or both.

INCEST

Class E Felony	Code § 16-15-20
	CDR Code 90

Elements Of The Offense:

1. That the accused had carnal intercourse with another person, and

2. That the person was within the following degrees of relationship:

Man with his: mother, grandmother, daughter, grand-daughter, step-mother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister or mother's sister.

Woman with her: father, grandfather, son, grandson, step-father, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother and mother's brother.

Penalty:

Fine of not less than $500 or imprisonment for not less than 1 year, or both.

INDECENT EXPOSURE

Class A Misdemeanor	Code §16-15-130
	CDR Code 91

Elements Of The Offense:

1. That the accused did expose his person, and
2. That the exposure was indecent, and
3. That the exposure was willful and malicious, and
4. That the exposure was in a public place, on property of others, or to the view of any person on any street or highway.

Penalty:

Fine in the discretion of the court or imprisonment not more than 3 years, or both.

OBSCENITY

Class F Felony	Code §16-15-305
	CDR Code 372

This Section provides that it is unlawful to disseminate, procure, or promote obscenity. Any material is obscene if:

1. To the average person applying contemporary community standards, the material depicts or describes in a patently offensive way sexual conduct.

2. The average person applying contemporary community standards, relating to the depiction or description of sexual conduct would find that the material taken as a whole appeals to the prurient interest in sex.

3. To a reasonable person, the material taken as a whole lacks serious literary, artistic, political, or scientific value, and.

4. The material as used is not otherwise protected or privileged under the Constitutions of the United States or of this State.

Penalty:

Fine of not more than $10,000 or imprisonment for not more than 5 years, or both.

PROSTITUTION

Class A Misdemeanor	Code §§ 16-15-90 thru 16-15-110
	CDR Codes 640, 323, 744, 1208-1209, 324

Elements Of The Offense:

That the accused did: (any one of the following)

1. engage in prostitution.
2. aid or abet prostitution knowingly.
3. procure or solicit for prostitution.
4. expose the person for purposes of prostitution.
5. reside in a place for purposes of lewdness, prostitution, etc.
6. keep or set up a house as a brothel or bawdy house.
7. receive persons into such place for above purposes.
8. permit persons to remain in such places for said reasons.
9. procure a female inmate for a house of prostitution.
10. cause, by promise, threat or scheme a female to be a prostitute.
11. induce female to enter or leave state for purpose of prostitution.
12. give or receive a thing of value to procure female to be a prostitute.

Penalty:

1st Offense - fine not exceeding $200 or imprisonment for not more than 30 days.
2nd Offense - fine not exceeding $1,000 or imprisonment for not more than 6 months, or both.
3rd or Subsequent Offense - fine not exceeding $3,000 or imprisonment for not less than 1 year, or both.

SEXUAL EXPLOITATION OF A MINOR

Class E or F Felony	Code §§ 16-15-395 thru 16-15-410
	CDR Codes 379-381

Elements Of First Degree

1. The accused knew the content of the material or performance.

2. That the accused used, employed, induced, coerced, encouraged, or facilitated a minor to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting sexual activity.

3. That the accused permitted a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity.

4. That the accused transported or financed the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity.

OR

5. That the accused recorded, photographed, filmed, developed, duplicated, produced, or created a digital electronic file for sale or monetary gain material containing a visual representation depicting a minor engaged in sexual activity.

Elements Of Second Degree

1. The accused knew the content of the material or performance.

2. That the accused recorded, photographed, filmed, developed, duplicated, produced, or created digital electronic file material containing a visual representation depicting a minor engaged in sexual activity.

OR

3. That the accused distributed, transported, exhibited, received, sold, purchased, exchanged, or solicited material that contains a visual representation depicting this activity.

Elements Of Third Degree

1. The accused knew the content of the material or performance.
2. That the accused possessed material that contains a visual representation depicting sexual activity.

Note: Mistake of age is not a defense to this crime.

Penalties:

1st Degree - Imprisonment for not less than 3 years nor more than 20 years.
2nd Degree - Imprisonment for not less than 2 years nor more than 10 years.
3rd Degree - Imprisonment for not more than 10 years.