Myrtle Beach Criminal Sexual Conduct Lawyer

Criminal Sexual Conduct is commonly known as rape. It is divided into First, Second and Third degree and can be punished from zero to thirty years depending on the degree. This is an extremely complicated crime and you need an attorney experienced in evidence, including DNA, fingerprints, witness statements, eyewitness identification, and other matters. You also need a Myrtle Beach attorney experienced in trial procedures. This is one of the most serious crimes anyone can ever be charged with and it carries serious consequences regardless of the degree.

View South Carolina Code of Laws 16-3-651 for criminal sexual conduct.

Criminal sexual conduct in the first degree

A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:

1. The actor uses aggravated force to accomplish sexual battery.
1. The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act.
2. The actor causes 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.
2. Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court.

View South Carolina Code of Laws 16-3-652 for criminal sexual conduct in the first degree.

Criminal sexual conduct in the second degree

Definition of Criminal sexual conduct in the second degree:

1. A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery.
2. Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than twenty years according to the discretion of the court.

View South Carolina Code of Laws 16-3-653 for criminal sexual conduct in the second degree.

Criminal sexual conduct in the third degree

Definition of Criminal sexual conduct in the third degree:

1. A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
1. The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.
2. The actor knows or has 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.
2. Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than ten years, according to the discretion of the court.

View South Carolina Code of Laws 16-3-654 for criminal sexual conduct in the third degree.

Criminal sexual conduct with a minor in the first degree

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

View South Carolina Code of Laws 16-3-655 for criminal sexual conduct with a minor in the first degree.

Myrtle Beach Criminal Sexual Conduct Attorney