Lexington Sex Crime Charges

A sex crime is a broad topic with many different specific crimes that fall under that umbrella. Everything from criminal sexual conduct, including acts like rape or unwanted improper touching of the genitals, to indecent exposure and disseminating obscene material is including in the sex crime category.

If you have been accused of a sexual offense, it is best to seek help from a knowledgeable sex crimes lawyer. The attorney could explain the various Lexington sex crime charges as well as the potential penalties.

Types of Sex Crime Charges

The specific facts of the case dictate the definition of a sexual offense, and the elements necessary to be charged with that particular crime will be different than other sexual crimes. Sexual crimes fall under title 16 subsection 3 and subsection 15 of the South Carolina code of laws. Those are the two places in which virtually all of the laws that are under the sexual offense category are listed in the South Carolina Code of Laws.

The most common sex crime in Lexington is criminal sexual conduct, which has three different degrees. First-degree is the most serious and third degree is the least serious, though all are felonies and are aggressively prosecuted. If the person who is the alleged victim in the case is a minor, there is a special set of laws for criminal sexual conduct with a minor. This charge has its own aggravating and mitigating circumstances.

Another common charge is the dissemination of obscene material or criminal solicitation of a minor. Many internet-based cases involve the exploitation of a minor. This can include instances in which someone either has child pornography that was on a server or they somehow got hooked in through a shared service. These crimes get charged quite often, as well as crimes that occur through messaging apps, such as older individuals interacting with a person whose profile lists them as underage and the discussion revolves around sexual matters.

Three Degrees of Sexual Conduct

SC Code 16-3-651 explains sexual battery and splits the charge into three degrees. In most cases, the crime requires some type of sexual battery or contact. Sexual battery is considered sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion of any part of the person’s body except for medically recognized treatment or diagnostic purposes.

Criminal sexual conduct is a common felony sex crime in Lexington, as well as indecent exposure, criminal solicitation of a minor, disseminating obscene material to a minor or a person under the age of 18, and the sexual exploitation of a minor in internet-related cases. First-degree criminal sexual conduct can be found in the SC Code under 16-3-652.

Criminal sexual conduct in the first degree is when a person engages in a sexual battery with the alleged victim and one or more the following circumstances can be proven:

• The person used aggravating force to accomplish sexual battery
• The alleged victim submitted to the sexual battery by being in forcible confinement
• By being the victim of kidnapping, trafficking of persons, robbery, extortion, or burglary

Another way that criminal sexual conduct in the first degree can occur is when the person causes the alleged victim, without consent, to become mentally incapacitated or physically helpless by administering or dispensing some type of altering controlled substance like date-rape drugs or any type of intoxicating substance.

The criminal sexual conduct in the first degree is a felony punishable with up to 30 years in prison. It is the most serious charge.

Second and Third Degree

A person is guilty of criminal sexual conduct in the third degree if that person engages in a sexual battery of the alleged victim and any of the following circumstances can be proven: the person uses force or coercion to accomplish sexual battery in the absence of aggravating circumstances; that person knows or has reason to know that the victim is mentally incapacitated or physically helpless.

Criminal sexual conduct in the second degree is punishable with up to 20 years in prison while third-degree is punishable with up to 10 years in prison. Second-degree sexual conduct can be found in SC Code under subsection is 16-3-653, and the third-degree section is 16-3-654.

Seek Help From a Lexington Sex Crimes Attorney

Since the penalties for criminal sexual conduct is severe, it is best to seek help from a seasoned sex crimes lawyer. They could help you understand the potential consequences of Lexington sex crime charges.

Let an experienced attorney help you fight the charges. Call today to get started building your defense.