Everyone knows that “No” means no, and that nonconsensual sex like rape and sexual assault are against the law. But can you get in trouble for consensual sexual activity when everyone says “Yes?” Here are the basics of prohibited consensual sexual activity according to South Carolina sex crime laws.
Please contact Georgetown, South Carolina sex crime defense attorney Greg Weathers. He offers free case evals to those facing criminal, DUI, DUAC, drug crime and sex crimes in South Carolina. This includes Georgetown County, Horry County, Marion County, Charleston County & Williamsburg County.
Sexual Offenses In South Carolina
In the state of South Carolina many voluntary sexual activities are restricted under state consensual sexual activity laws. These regulations tend reflect the social norms of particular states at a particular time and in some cases states still have old prohibited consensual sexual activities laws on the books. For instance, South Carolina still outlaws sodomy, though anti-sodomy laws were ruled unconstitutional in 2003. The Palmetto State also has prohibitions on prostitution, lewdness, and indecent exposure, while some consensual sexual activities might be prosecuted under its disorderly conduct statute.
Mandatory Minimum Sentences For Violating South Carolina Sex Act Laws
The chart below highlights some of South Carolina’s prohibited consensual sexual activity laws.
|Sodomy Laws Applicable to||Both sexes or beast|
|Penalty for Sodomy||South Carolina Code of Laws 16-15-120: Buggery or sodomy: felony; 5 years or fine not less than $500 or both|
|HIV Exposure and Compelled Testing for Offenders||South Carolina Code of Laws 44-29-145: Knowingly exposing others to AIDS virus: felony; not more than 10 years or fined not more than $5,000; 16-3-740 Court shall order HIV testing of offender if victim requests and there is probable cause that the offender committed the offense and that bodily fluids were transmitted|
|Other Crimes Relating to Consensual Sex Acts||South Carolina Code of Laws 16-15-90: Prostitution; lewdness: misdemeanor
South Carolina Code of Laws 16-15-130: Indecent exposure: misdemeanor
South Carolina Code of Laws 16-15-365: Exposure of private parts: misdemeanor
Although state authorities are generally hesitant to prosecute what happens in a private bedroom, South Carolina law does prohibit public indecency and some private acts as well. These laws outlaw everything from flashing and public sex to even non-public lewdness, “house[s] of ill fame,” and bawdyhouse[s].” The indecent exposure statute does have specific language protecting a mother’s right to breastfeed a child in any place she has a right to be. There are also penalties for knowingly exposing others to the Human Immunodeficiency Virus (HIV).
Are Sex Offenses Felonies Or Misdemeanors In South Carolina?
They can be both. Something as simple as sexting, or offensive touching, may be deemed a misdemeanor sex crime. More often than not if juveniles are caught engaging in sex crimes of any type they can be charged with misdemeanors.
With sex crime like rape, date rape and sexual assault or using a weapon to commit sexual assault these are felony charges and carry much more severe charges. No matter what level sex crime you are facing please contact our Conway SC sex crime lawyers for a free case review.
Sex Offender Registration If Convicted Of A Sex Offense In S.C.
Being convicted of any sex crime can result in you having to register as a sex offender. This will impact your life forever and there are no two ways about it. Do not face your sex crime charges alone. Please contact our Myrtle Beach rape defense attorneys for a free consultation. Let them fight your charges by building a solid defense and minimize the legal penalties you are facing.
Horry County Sex Crime Attorney Greg Weathers serves the Aynor, Pawleys Island, Murrells Inlet, Kingstree, Conway, Garden City, Little River, Red Hill, Socastee, Myrtle Beach and North Myrtle Beach areas.