Strom Law Firm Columbia SC
No obligations & no credit card required

Sex Crime Lawyers

Charged with a Sex Crime in South Carolina?

An arrest for possession of child pornography usually follows a search of your home and seizure of your computer. At that point, you should discuss your case with an experienced Criminal Sexual Conduct lawyer at the Strom Law Firm as soon as possible to find out whether South Carolina authorities will retain jurisdiction of your case refer it to federal law enforcement.

Whether you have been arrested and charged with:

Our attorneysย are familiar with the system.ย ย The Strom Law Firm, LLC understands the implications of a Sex Crime in South Carolina conviction. The firm also represents clients charged with Federal Sex Crimes.

Sex Crime in South Carolina Criminal Sexual Conduct Law in South CarolinaSex Crime in South Carolina

Inย South Carolina, criminal sexual conduct is defined as (ยง16-3-652 –ย ยง16-3-654):

  • First degree CSC: the accused engaged in sexual battery with the victim and if anyone or more of the following circumstances are proven:
    • (a) The accusedย used aggravated force (involves carrying out a threat) to accomplish sexual battery.
    • (b) The victim submitted to sexual battery by the accusedย under circumstances where the victim wasย also the victim of forcible confinement, kidnapping, trafficking in persons, 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 analog, or any intoxicating substance.
  • Second-degree CSC: If theย accused used aggravated coercion (entails a threat) ย to accomplish sexual battery.
  • Third-degree CSC: If the accusedย engaged in sexual battery with the victim and if any one or more of the following circumstances are proven:
    • (a) The accusedย used force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.
    • (b) The accusedย 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 to accomplish sexual battery.

Criminal Sexual Conductย Penalties

  • A person convicted of criminal sexual conduct in the first degree is guilty of a felony and could face up to to 35 years in prison.
  • A person convicted of criminal sexual conduct in the second degree is guilty of a felony and could face up to 20 years in prison.
  • A person convicted of criminal sexual conduct in the second degree is guilty of a felony and could face up to 10 years in prison.

Criminal Sexual Conduct With a Minor

There are three degrees of criminal sexual conduct with a minor:

  • First-degree criminal sexual conduct with a minor
    • Sexual battery of a child less than 11 years of age
      • Penalty: ย 25 years to life in prison
    • Sexual battery of a childย less than 16 years of age ANDย the accused has been previously convicted of, pled guilty or nolo contendere to, for an offense listed in SC Code of Laws ยง 23-3-430C ORย is registered on the sexual registry list
      • Penalty: ย 10-30 years in prison
  • Second-degree criminal sexual conduct with a minor
    • The victim is 11-14 years of age; OR, Victim is less than 16 years old and the perpetrator has official, parental, or custodial authority over the victim to coerce the victim into submission.
      • Penalty: ย up to 20 years in prison
  • Third-degree criminal sexual conduct with a minor
    • Lewd act upon a 14-16-year-old victim with the intent of sexually arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child
      • Penalty: ย fine at the discretion of the court and/or up-to 15 years in prison

Investigated for criminal sexual conduct with a minor charge?

Being investigated or arrested for Criminal Sexual Conduct with a Minor, or sexual exploitation of a minor, is a serious allegation with potentially life-altering consequences. ย Depending upon your charges, if you are convicted, you face stiff prison sentences and may be required to register as a sex offenderย for the restย of your life.

You may also jeopardize your future if convicted of a Sex Crime in South Carolina including:

  • loss of financial aid and scholarships,
  • loss of your job as well as the inability to obtain future employment,
  • possible disciplinary actionย before a professional board, and
  • loss of custody and visitation rights.

However, being arrested for criminal sexual conduct with a minor does not mean that you are guilty or that you do not have a defense.

Criminalย Solicitation of a Minor

According to South Carolina Law Section 16-15-342 โ€œSolicitationโ€ involves contacting or communicating with a person who is under the age of 18, or believed by the perpetrator to be under the age of 18, for the purposes of sexual activity or violent crime, including rape or sexual assault.

In today’s technology era, the most common routeย of solicitation of a minor is through the internet. ย Internet crimes against minor children can involve charges of dissemination of harmful materials to minors, which include pornography, lewd selfies, or erotic stories. If you attempt, ask or communicateย your desireย to engage in sexual activity after the โ€œchildโ€™sโ€ age is made clear,ย even if you never meet, you can be charged with criminal solicitation of a minor. ย  Additionally, social networking sites including Facebook and Twitter, and some mobile apps have become a frequent forum for law enforcement posing as an underage minor.ย  A person who appears to be a minor, talks, and presents themselves as a minor may actually be an agent running an online sting.

Penalty for criminal solicitation of a minor:

  • Up to $5,000 fine and/or up-to 10 years in prison

Criminal Sexual Exploitation of a Minor (Child Pornography)

Depending on whether you are in possession of child porn or if you facilitate a minor’s engagement in sexual activity, you could face charges for sexual exploitation. The best sex crime lawyers agree that there are many factors that play a role and impact the severity of charges you receive, including the number of videos and pictures depicting child pornography in your possession, or if your case is federally prosecuted.ย  The mistake of age is not a defense to this particular crime.

Criminal Sexual Exploitation of a Minor Offenses:

  • First-degree sexual exploitation of a minor:ย 
    • The accused knew the content of the material or performance;ย AND
    • 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; AND
    • 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; AND
    • 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
    • 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.
  • Second-degree sexual exploitation of a minor:
    • The accused knew the content of the material or performance; AND
    • 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
    • The accused distributed, transported, exhibited, received, sold, purchased, exchanged, or solicited material that contains a visual representation depicting this activity.
  • Third-degree sexual exploitation of a minor:
    • The accused knew the content of the material or performance; AND
    • The accused possessed material that contains a visual representation depicting the sexual activity.Penalties for Criminal Sexual Exploitation of a Minor
  • First-degree criminal sexual exploitation:ย ย 3-20 years in prison
  • Second-degree criminal sexual exploitation: 2-10 years in prison
  • Third-degree criminal sexual exploitation: ย up to ย 10 years in prison

Disseminating, Obtaining, or Promotingย Material

It is unlawful for any person to knowingly disseminateย obscenity. Any material is deemed obscene if it meets one of the following standards:

  • The material depicts or describes in a patently offensive way sexual conduct; AND
  • 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 lewdย interest in sex; AND
  • To a reasonable person, the material taken as a whole lacks serious literary, artistic, political, or scientific value; AND
  • The material as used is not otherwise protected or privileged under the Constitution of the United States or of this State.

Penalties for Disseminating Obscene Material

A person convicted of disseminating obscene material is guilty of a felony and faces a maximum of 5 years imprisonment, and/or fined a max of $10,000.

Call the Strom Law Firm, LLC For a FREE Criminal Criminal Sexual Conduct Defense Consultation

If charged with a Sex Crime in South Carolina,ย ย you should be concerned about professional and private future. Criminal Sex Crime in South Carolina charges can be complex and intimidating, so it is important that you find legal representation as soon as possible. We know how the system works and will work to achieve the best possible outcome for your case. ย Contact us today at 803.252.4800 for a free consultation to discuss your charges and how we can help.

Criminal Sexual Conduct Lawyers

How this works

Step 1 - Welcome
In this step, you'll experience a warm welcome as you enter the Strom Law Firm.
1
Step 2 - Initial Meeting
You'll meet with professionals. They will go through the facts of your case, explain the entire process.
2
Step 3 - Preparations
We builds your case by interviewing witnesses, conducting legal research, drafting pleadings, and hiring experts.
3
Step 4 - Trial
You'll learn that the firm is trial-ready. They've been preparing since day one and will guide you through the process.
4
Step 5 - Resolution
your case concludes with the firm hoping for a positive outcome. They assure enduring friendships and a commitment to being there for you, regardless of future legal needs.
5
No obligations & no credit card required

STROM LAW IS...

0 +
years combined
legal experience
0 +
awards &
accredetations
0
Founded
in
0
years
in business

What Our Clients Say

They truly care
Mrs Vallery, who answered the phone took more care and attention to detail than any other law office, that I have called, in 2 years+. She diligently took notes to give to the lawyers and cared about my situation and let me actually tell everything without cutting me short. Out of over 100 law offices, this is rare treatment. Care. Consideration. That means more than anything going through this…
Anonymous
google-logo
Professional Representation, Satisfying Legal Outcome!
My wife and I retained Bakari Sellers to represent our son in a case in Richland County. We found Mr. Sellers, his assistant Stephanie, and the rest of the staff at Strom, extremely courteous and professional. We really appreciated Mr. Sellers’ straightforward and honest approach. We believe this is a very competent law firm, and are satisfied with the legal outcome they achieved. We would highly recommend them!
Bryan B.
google-logo
Exceptional Legal Team After Our Car Accident!
We retained Atty Jessica Fickling to help us after a terrible car accident. She and her paralegal Mallory were wonderful! Professional, skilled, savvy – we couldnโ€™t have asked for a better legal team. Many thanks!!
Jocelyn C.
google-logo
Strom Law Firm's Consistent Excellence
I have been a client with The Strom Law Firm for thirty years and have been incredibly blessed to have the assurance that they will do everything possible to provide excellent service to my needs. Ally Benevento is exceptional and represents the firm in a professional manner.
Timothy O.
google-logo
From Self-Representation to Victory in SSDI Case!
My experience with Mario and his staff was outstanding. When everyone said to give up my case with SSDI and after being poorly represented and losing. I had to file my own appeals and represent myself. I literally called every attorney in the book. Then I called Mario cold – I expected one more no! Well, this gentleman took my case and won. He knows the law and cares a lot. I am proud to call him my friend. If you need a professional to help you, call these guys.
Robert L.
google-logo
A Pleasure to Work With, Outstanding Case Outcome!
Thanks Olivia, It was a pleasure working with you. You were well prepared and presented our case in a very professional manner. I could not have ask for a better outcome. Working with everyone at the Strom Law Firm has always been a pleasure and I will be happy to recommend your Law Firm to anyone.
Nancy G.
google-logo
A Lifesaver in the Courtroom, Ensuring Freedom with A1 Professionalism
Needed a lifesaver. I had gotten myself into a bad situation and the possibility of going to prison. Through the diligence and hard work done by attorney Alley B., I was able to walk out of that courtroom a free man. No tricks just hard down attorney work. She was an A1 professional and knew every inch of the Law pertaining to my case. For that, I am forever grateful.
Anonymous
google-logo
A Winning Team at Strom Law Firm!
John Alphin was great. We basically worked together for 22 months. Bakari Sellers was also on the team and together those 2 guys were fabulous. Won the case and Iโ€™m still a client of Strom law firm. Thank you and awesome law firm.
Steve T.
google-logo
Excellence in Action for Workman's Comp Case!
Strom Law Firm was really great and professional. I had a great experience with Mario as my attorney and his paralegal, Brian. These two are amazing, they worked very hard on my husband’s workman’s comp case and we were very pleased with the services and results ๐Ÿ‘. Brian was so prompt at returning phone calls and getting things ready for the case. I strongly recommend this firm for any of your legal matters. If I had to use you guys again, I would be happy to do so.
Mary W.
google-logo
Mastering Complex Legal Issues with Care and Compassion
Mario Pacella at Strom Law Firm LLC in Brunswick, Georgia, is a masterful, no-nonsense lawyer. His caring and compassionate approach, along with prompt responsiveness, sets him apart. Mario and the firm exhibit exceptional professionalism and attention to detail, emphasizing genuine care for every client.
L. Gilder
google-logo
No obligations & no credit card required

Contact Us For A Free Case Evaluation

  • This field is for validation purposes and should be left unchanged.

No obligations & no credit card required

*A consultation fee applies to employment matters