Sex Crimes

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Sex Crimes Lawyer Greenville, SC

Virtually no other criminal offense has attached to it the stigma that a sex crime accusation does. Cases involving sex crimes are often the most emotionally charged, and therefore, they can be incredibly difficult to beat. As a result, it is imperative that the sex crimes lawyer you choose to defend you recognizes the sensitive nature of such an allegation and is familiar with the complexities of preparing and defending a sex crime case.

At AnneMarie Odom Law, our Greenville sex crimes lawyers are aware of the seriousness of the repercussions our clients may face if found guilty of these charges. More than just criminal penalties, sex crime convictions (and even mere accusations) can result in a permanent stain on a person’s life and reputation.

If you’ve been charged with a sex offense of any kind, it is imperative that you obtain help from a qualified South Carolina sex crimes lawyer with the necessary legal experience and competence to effectively represent and defend you. Don’t wait a moment longer – call AnneMarie Odom today at (864) 775-5833 to work towards protecting your future.

What is a Sex Crime?

A sex crime is a type of criminal offense involving illegal sexual activities or sexual behaviors. These crimes typically involve forced or nonconsensual sexual acts or a victim who is unable to provide proper consent, such as a child or an inebriated or unconscious individual.

Most sex offenses are tried at the state level, but they can also be tried by federal courts in more serious or aggravated circumstances. These are what are referred to as federal sex crimes, which lead to much harsher penalties and repercussions and require the experience of a federal defense lawyer. However, unless the offense happens in a specific geographic region or the crime is severe (aggravated) enough to trigger federal criminal statutes, sex crimes are generally prosecuted at the state level.

Types of Sex Crimes

There are a variety of offenses that constitute sex crimes. Some of the more common offenses include the following:

Indecent Exposure: S.C. Code § 16-15-130 states that it is illegal for a person to “willfully, maliciously, and indecently expose his person in a public place, on the property of others, or to the view of any person on a street or highway.”

Criminal Sexual Conduct: This offense refers to nonconsensual sexual assault and battery (rape). S.C. Code § 16-3-652 outlines the first, second, and third degrees of criminal sexual conduct.

Criminal Sexual Conduct with a Minor: A person is guilty of criminal sexual conduct with a minor, also known as statutory rape in South Carolina, if he or she engages in sexual activity with someone who is below the legal age of consent. In South Carolina, the age of consent is 16 years. According to S.C. Code § 16-3-655, there are different aggravating and mitigating factors applied to the charge depending on the age of both the victim and the perpetrator. First-degree sexual conduct with a minor occurs when the victim is below the age of 11 (A)(1) or below the age of 16 if the defendant has historical priors (A)(2). Sexual misconduct in the second degree occurs when the victim is between the ages of 11-14 or if the perpetrator was in a position of trust (family member, teacher, coach, etc.) The third degree is reserved for victims under the age of 16.

Criminal Solicitation of a Minor: As defined by S.C. Code § 16-15-342, criminal solicitation of a minor occurs when a person who is 18 years or older knowingly contacts or communicates with a minor who is below the age of consent for the purpose of persuading, inducing, enticing, or coercing the minor to participate in sexual activity.

Sexual Exploitation of a Minor: S.C. Code §§ 16-15-395, 405, and 410 define the first, second, and third degrees of sexual exploitation of a minor in South Carolina (child pornography). The highest and therefore most severe degree is first-degree sexual exploitation of a minor, which pertains to the production or creation of child pornography. The second degree prohibits the dissemination or reproduction of child pornography, while the third degree prohibits the mere possession of child pornography. All three degrees are considered felony offenses.
Prostitution: S.C. Code § 16-15-90 says that in South Carolina, it is illegal to engage in prostitution, knowingly aid or abet prostitution, or procure or solicit prostitution, among other related things.

SC Sex Offenders Laws

South Carolina’s sex offender laws are what the state’s Supreme Court referred to as “the most stringent in the country.” These laws require that those convicted of sex crimes check in with law enforcement officers two to four times a year after completing their sentences. They also require offenders to remain on the public sex offender registry for the remainder of their life, only to be removed if the charge is overturned, reversed, or vacated on appeal.

However, in a recent South Carolina Supreme Court ruling (Powell v. Keel), the state decided that requiring criminals to register for the rest of their lives without first determining whether they have a high risk of reoffending is unconstitutional. Justices wrote in a unanimous ruling that the “requirement that sex offenders must register for life without any opportunity for judicial review violates due process because it is arbitrary and cannot be deemed rationally related to the General Assembly’s stated purpose of protecting the public from those with a high risk of re-offending.” As a result, sex offenders who are determined unlikely to re-offend may now be removed from the SC sex offender registry. If you believe you may be eligible for removal from the sex offender registry, contact a criminal defense lawyer at AnneMarie Odom Law today.

Penalties for Sexual Offenses in South Carolina

The penalties assigned to sex crimes in South Carolina vary depending on a range of factors, but you can expect most offenses to carry a harsh penalty regardless. The criminal penalty received depends on the type of crime committed, the degree to which that crime falls under, and the number of prior offenses, if any. Below, we’ll list the presumptive sentences for the sex crimes discussed earlier.

Indecent Exposure

Indecent exposure is a misdemeanor charge and may result in no more than three years in prison, fines in an amount determined by the court, or both.

Criminal Sexual Conduct

First degree: Felony punishable by up to 30 years in prison.

Second degree: Felony punishable by up to 20 years in prison.

Third degree: Felony punishable by up to 10 years in prison.

Criminal Sexual Conduct with a Minor

First degree: (A)(1) Felony resulting in a mandatory minimum of 25 years to life imprisonment with no possibility of suspension or probation. (A)(2) Felony resulting in 10-30 years imprisonment with no possibility of suspension or probation.

Second degree: Felony resulting in up to 20 years in prison.

Third degree: Felony resulting in up to 15 years in prison, fines in an amount determined by the court, or both.

Criminal Solicitation of a Minor

Criminal solicitation of a minor is a felony and may result in up to $5,000 in fines, 10 years imprisonment, or both.

Sexual Exploitation of a Minor

First degree: Felony resulting in 3-20 years in prison with no possibility of sentence suspension or eligibility for parole until the minimum term is served.

Second degree: Felony resulting in 2-10 years in prison with no possibility of sentence suspension or eligibility for parole until the minimum term is served.

Third degree: Felony resulting in 1-10 years in prison.

Prostitution

First offense: A fine of no more than $200 or up to 30 days in prison.

Second offense: A fine of no more than $1,000 or up to 6 months in prison
Third or any subsequent offense: A fine of no more than $3,000, at least 1 year in prison, or both.

Sex Crime Defense Attorney Near Me

Criminal cases involving sex crimes are notoriously complex because, in most circumstances, only the accuser and the alleged offender really know what happened. What’s worse is that oftentimes, people use these kinds of accusations as a weapon, whether it be to gain leverage in separate court proceedings (like child custody cases) or simply to seek revenge against another individual.

Regardless of the allegations leveled against you, you have the right to be presumed innocent until the state establishes your guilt. It is important that you obtain the help of someone whose primary goal is to maintain that innocence. At AnneMarie Odom Law, our Greenville criminal defense attorneys are experienced in handling all types of sex crimes and working to get the best possible outcome for each and every one of our clients. Don’t wait for charges to be brought against you – call AnneMarie Odom at (864) 775-5883 as soon as any allegations have been made against you.

Contact a Greenville sex crimes defense lawyer at AnneMarie Odom Law to discuss your situation and work towards building the best possible defense for your case.

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