If you need a criminal sexual conduct with a minor defense lawyer, call the Bannister, Wyatt & Stalvey law firm in Greenville. Work with the skilled and determined professionals who will assist you to fight the charges aggressively and defend your future.
When you are facing charges of criminal sexual conduct with a minor, you must pursue every possibility to respond to the charges and defend against them. As experienced criminal defense lawyers, we know what to do. We will investigate, challenge the accusations that you are facing and present your defenses.
Don’t wait to have a lawyer on your side. Contact Bannister, Wyatt & Stalvey today to discuss your case.
Types of Charges – Criminal Sexual Conduct with a Minor
S.C. Code § 16-3-655(A) – Criminal Sexual Conduct with a Minor, First Degree
- Sexual battery, and
- The victim is under 11 years old, or
- The victim is under 16 years old, and the defendant has a previous conviction that places them on the sex offender registry (S.C. Code § 23-3-430)
Penalty – If the offense involves a victim under 11 years old (violation of § 16-3-655(A)(1)), a minimum of 25 years in prison. The 25 years may not be served through a suspended sentence or probation.
If the offense involves a victim under 16 and with a previous sex offense conviction, (violation of § 16-3-655(A)(2)), the penalty is death or life in prison. A previous conviction may include conviction at trial, guilty or no contest plea, or adjudicated delinquency. A federal or out-of-state conviction may count. For the death penalty to be a possible penalty, the current and prior offense must have involved sexual or anal penetration.
S.C. Code § 16-3-655(B) – Criminal Sexual Conduct with a Minor, Second Degree
- Sexual battery, and
- The victim is 11-14 years old, or
- The victim is 14-16, and the defendant has a position of authority to coerce the victim
- Note: There is an exception when an offender is 18 or under, the victim is at least 14 years old, and the sexual conduct is consensual
Penalty – Up to 20 years in prison
S.C. Code § 16-3-655(C) – Criminal Sexual Conduct with a Minor, Third Degree
- The defendant is over 14 years old, and
- Willfully commits or attempts to commit lewd or lascivious acts upon the body of a child under 16, and
- With the intent of the sexual gratification of the actor or child
- Note: There is an exception for consensual conduct where one person is 18 years old or less and the other person is 14 years old or older
Penalty – Up to 15 years in prison, a fine, or both
S.C. Code § 16-3-755 – Sexual Battery with a Student
- Sexual battery,
- By a person affiliated with a secondary school, in their official capacity, and
- The victim is a student, aged 16 or 17, with no coercion or aggravated force (§ 16-3-755(B)), or
- The victim is a student, aged 18 or older, with no coercion or aggravated force (§ 16-3-755(C),(D)).
- Teachers, substitute teachers, assistants, administrators, guidance counselors, bus drivers, coaches and law enforcement officers affiliated with a school are all covered by the law
- It is not a violation if the affiliated person and student are married at the time of the act
Penalty – Depends on the age of the student and whether coercion or aggravated force is used.
- Victim aged 16-17, no coercion or aggravated force, up to five years imprisonment
- Victim aged 18 or older, no coercion or aggravated force, 30 days jail, $500 fine or both
- Victim aged 18 or older, direct supervisory authority of the student, but no coercion or aggravated force, up to five years imprisonment
S.C. Code § 16-3-810 – Engaging Child for Sexual Performance
- Employing, authorizing or inducing a sexual performance,
- Of a child under 18 years old
- A parent or custodian may not consent to their child’s participation
Penalty – Criminal sexual conduct in the second degree, up to 20 years in prison
S.C. Code § 16-3-820 – Producing/Promoting Sexual Performance by Child
- Producing, directing or promoting,
- A performance,
- With sexual conduct, and
- Involving a child under 18 years old
Penalty – Criminal sexual conduct in the third degree, up to 10 years in prison
S.C. Code § 16-15-342 – Criminal Solicitation of a Minor
- Offender 18 years old or older,
- Knowingly contacts or communicates with, or attempts to contact or communicate with,
- A person under 18, or reasonably believed to be under 18,
- To get them to engage in sexual activity or violent crime
- Consent is a defense if the offender is under 18 and the victim is 16 or older
Penalty – Up to 10 years in prison, a $5,000 fine, or both
S.C. Code § 16-3-345, § 16-15-355 – Disseminating Harmful Material to Minors
- Knowingly disseminating obscene material to a person under 18 years old,
- By a person over 18 years old
- Exceptions apply for legitimate educational or religious function and for honest mistake as to age
Penalty – Up to 10 years in prison (§ 16-3-345), or if the minor is 12 years old or younger (§ 16-15-355), up to 15 years
Lawyers who Take CSC with a Minor Criminal Cases
Our lawyers take criminal cases involving CSC with a minor, and work to provide our clients with a personalized and informed defense strategy. Your defense of the charges begins right now. You can count on us to:
- Know your constitutional rights, and ensure that you exercise them
- Help you respond if the police are asking to talk to you or wanting you to give a statement – call us first.
- Represent you at bond and bail hearings to seek pretrial release and favorable terms
- Investigate what occurred and statements of witnesses, build your defenses
- Effectively cross examine the accuser on the stand
- Address any social workers, counselors, law enforcement and others who attempt to vouch for the credibility of the witness at trial
- Challenge the case against you, including asking the court to exclude evidence when appropriate
- Present your defenses at trial
- Understand each step in the case, explain what you need to know and prepare you for each court hearing
Our lawyers know that effective legal representation for a CSC with a minor case means preparing long before trial. We ensure that your rights are protected – working on your behalf before, during and after each court date. We are experienced trial lawyers, and we are willing to fight for you.
Contact us today for your free consultation. See how we can assist you if you are facing CSC charges involving a minor.
Defenses to CSC with a Minor Charges
There are several possible defenses to CSC with a minor. The defenses you will use depend on the allegations against you.
- Sexual battery/conduct did not occur
- The victim is not telling the truth
- The victim has been manipulated
- The victim is misunderstanding the facts
- A child wasn’t the age alleged
- Constitutional rights violation occurred
- Mistaken identity – the wrong person is charged
- An exception under the law applies
Adults around a child may manipulate them or distort their memory. Police and social workers may simply want to make a name for themselves, or they may not like the defendant for personal reasons. A parent may want to gain an upper hand in a child custody proceeding.
Unfortunately, there are many reasons that false allegations may be brought. Our lawyers can help you recognize them and present the truth.
Your rights if you are facing criminal sexual conduct with a minor charges
Know that if you are facing these serious criminal charges that you have important rights. You have the right to contest the charges against you, including by demanding a trial. A lawyer can represent you.
You have the right to question witnesses, testify on your own behalf and make arguments to the jury. Charges by themselves are not a conviction – but you must thoroughly fight these serious charges. Professional counsel can ensure that you address the right issues and prepare a strong defense.
Hire a Defense Lawyer Against Charges of Criminal Sexual Conduct With a Minor
For a free consultation, and to talk to a lawyer today, call or message Bannister, Wyatt & Stalvey. We can answer your questions and take your case immediately.
Call or message us now to talk about your situation.