When the Accusation Arrives
A criminal sexual conduct with a minor accusation reshapes a family before a case ever reaches a courtroom.
Sometimes the first sign is a call from a Department of Social Services investigator asking to speak with a parent. Sometimes it is a detective leaving a card at the door. Sometimes it is a phone call from a spouse who has just heard something from a child. Sometimes it is an arrest.
The stakes are among the highest in South Carolina criminal law. A conviction for Criminal Sexual Conduct with a Minor can carry decades in prison, sex offender registration with limited pathways to removal, and consequences for employment, housing, family court status, and firearm rights that extend well beyond the sentence itself. The accusation alone, before any finding of guilt, often causes significant harm to reputation, relationships, and standing in a community.
That reality is worth naming directly. So is this: the case is not over when the accusation is made. Important facts may still be unknown. Important decisions have not yet been made. The way the case is handled from the first days forward often shapes what becomes possible later.
The purpose of this page is to explain what CSC with a Minor means under South Carolina law, how these cases develop, what evidence typically drives them, what the defense examines, and what a person facing these charges should understand before making decisions that will affect the rest of their life.
What Criminal Sexual Conduct with a Minor Means Under South Carolina Law
Criminal Sexual Conduct with a Minor is defined in S.C. Code Ann. § 16-3-655. The statute establishes a distinct offense from the adult CSC framework in § 16-3-651 through § 16-3-654, and its structure reflects a different legal theory.
Adult CSC cases turn on questions of force, coercion, incapacity, and consent. CSC with a Minor cases turn primarily on age. Under South Carolina law, a person below a certain age cannot legally consent to sexual conduct, and the presence or absence of the victim’s agreement is generally not a defense. The age of the alleged victim, the age difference between the alleged victim and the accused, and the nature of the alleged conduct are the elements the State must prove.
The statute recognizes three degrees. Two age thresholds do most of the work. The first is age eleven. Conduct involving a victim under eleven is treated as the most serious category and triggers First Degree charges regardless of the age of the accused. The second threshold covers victims aged eleven through fifteen, where the age of the accused, the age difference, and the nature of the alleged conduct determine which degree applies.
Understanding which degree has been charged is essential. The degree determines the potential sentence, the availability of certain defenses, the registration consequences, and the way the defense evaluates the case from the start.
The Three Degrees of Criminal Sexual Conduct with a Minor
CSC with a Minor First Degree
Under S.C. Code Ann. § 16-3-655(A), First Degree applies where the actor engages in sexual battery with a victim who is less than eleven years of age, or with a victim who is less than sixteen years of age where the actor has previously been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for an offense listed in § 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to § 23-3-430(D).
First Degree is a felony. For a violation of § 16-3-655(A)(1), the statute imposes a mandatory minimum of twenty-five years imprisonment, no part of which may be suspended nor probation granted, or a sentence of imprisonment for life. For a violation of § 16-3-655(A)(2), the sentence is not less than ten nor more than thirty years, no part of which may be suspended nor probation granted. These are among the most severe penalties in South Carolina criminal law.
The statute also contains provisions regarding capital punishment for certain repeat offenses, but the United States Supreme Court’s decision in Kennedy v. Louisiana, 554 U.S. 407 (2008), holds that the death penalty is unconstitutional for non-homicide offenses against individuals. Death is therefore not an available sentence in any current First Degree case.
For a plea to a violation of § 16-3-655(A)(1), the statute requires the judge to make a specific finding on the record regarding whether the sexual battery involved sexual or anal intercourse by a person or intrusion by an object. On a jury verdict, the judge or jury must make that same designation. This finding carries significant consequences for future sentencing exposure in the event of any later charge.
CSC with a Minor Second Degree
Under § 16-3-655(B), Second Degree applies in two circumstances: where the actor engages in sexual battery with a victim who is fourteen years of age or less but at least eleven years of age (§ 16-3-655(B)(1)); or where the actor engages in sexual battery with a victim who is at least fourteen but less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim (§ 16-3-655(B)(2)). The statute includes a limited exception under (B)(2): a person eighteen years of age or less may not be convicted under that subsection for consensual sexual conduct with another person who is at least fourteen years of age.
Second Degree is a felony carrying imprisonment for not more than twenty years in the discretion of the court. There is no mandatory minimum for Second Degree, meaning the court has broader sentencing discretion than in First Degree cases, though the potential exposure remains severe.
The distinction between First Degree and Second Degree often turns on the age of the alleged victim and the presence or absence of aggravating factors. A careful evaluation of which degree the facts actually support is a foundational element of the defense.
CSC with a Minor Third Degree
Under § 16-3-655(C), Third Degree applies when the actor is over fourteen years of age and willfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body, or any part of the body, of a child under sixteen years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child. The statute includes a limited exception: a person eighteen years of age or younger may not be convicted under this subsection for consensual lewd or lascivious conduct with another person who is at least fourteen years of age.
Third Degree is a felony carrying imprisonment for not more than fifteen years, a fine in the discretion of the court, or both. It is the least severe of the three categories but remains a serious felony with significant collateral consequences, including sex offender registration.
Related Charges Often Filed Alongside CSC with a Minor
CSC with a Minor is frequently charged in combination with other offenses arising from the same investigation. The full charging picture affects sentencing exposure, plea considerations, and defense strategy.
Sexual exploitation of a minor. When digital evidence is part of the investigation, charges under § 16-15-395, § 16-15-405, or § 16-15-410 may accompany the primary charge. First Degree Sexual Exploitation (§ 16-15-395), which addresses production of prohibited material, carries a penalty of not less than three nor more than twenty years imprisonment. Second Degree Sexual Exploitation (§ 16-15-405), which addresses recording, distribution, and related conduct, carries not less than two nor more than ten years. Third Degree Sexual Exploitation (§ 16-15-410), which addresses knowing possession of such material, carries up to ten years. All three are felonies, and 2025 amendments (effective May 22, 2025) expanded these statutes to cover morphed images of identifiable minors.
Criminal solicitation of a minor. Under § 16-15-342, a person eighteen years of age or older commits criminal solicitation of a minor by knowingly contacting or communicating with, or attempting to contact or communicate with, a person under eighteen or reasonably believed to be under eighteen, for the purpose of persuading, inducing, enticing, or coercing the person to engage in sexual activity or a violent crime, or with the intent to perform sexual activity in the person’s presence. Consent is a defense only where the person is at least sixteen. This is a felony. Cases arising from internet stings frequently involve solicitation charges alongside or instead of CSC with a Minor charges, and the “reasonably believed to be under eighteen” language means an undercover officer’s involvement does not preclude prosecution.
Contributing to the delinquency of a minor. Under § 16-17-490, a person over eighteen who knowingly and willfully encourages, aids, or influences a minor to violate the law or engage in various listed conduct may face a fine of not more than three thousand dollars, imprisonment for not more than three years, or both. This charge sometimes appears as a companion or reduced charge in cases originally involving more serious allegations.
A defense evaluation begins with understanding every charge the State has filed and how they relate to each other.
The Investigation Process in a CSC with a Minor Case
Most CSC with a Minor cases follow a recognizable investigative sequence. Understanding that sequence matters because the investigation is often substantially complete before the accused knows the case exists.
The typical path begins with a disclosure. A child says something to a parent, a teacher, a school counselor, a therapist, or a family member. Certain categories of adults are mandated reporters under South Carolina law and are required to report suspected child abuse to DSS or law enforcement. DSS opens an investigation once that report is made, and depending on the nature of the allegation, may involve law enforcement immediately or conduct initial fact-gathering first.
Law enforcement referral triggers the next phase. The case is typically referred to a Child Advocacy Center, or CAC, where a trained forensic interviewer conducts a structured interview with the child. In the Upstate, the primary CAC is the Julie Valentine Center in Greenville, though other centers operate in the region. The forensic interview is recorded and typically becomes the central piece of evidence in the case. Learn more about how forensic interviews work in South Carolina child sex abuse cases.
Medical examination may be conducted if the timing and nature of the allegation warrant it. Sexual Assault Nurse Examiner, or SANE, examinations produce documentation of physical findings, or the absence of them, that becomes part of the record.
At some point, law enforcement typically attempts to interview the accused. These interviews are often the first indication a person has that they are under investigation. They are recorded. What is said in them is used. A person contacted by law enforcement in connection with a possible investigation has the right to decline to speak without an attorney present, and exercising that right does not create an inference of guilt.
Arrest and warrant service typically come after the investigation is largely complete. By that point, the forensic interview has usually been conducted, prior disclosures have been documented, medical evidence has been collected if it exists, and the State’s theory has taken shape.
That timeline matters. The most consequential decisions for the defense often involve steps that could have been taken before arrest. Contacting counsel as soon as any suspicion of investigation exists is not premature. It is often the most important early decision a person can make.
The Evidence in a CSC with a Minor Case
These cases are evidence-driven, and the evidence has distinctive features that shape how the defense evaluates the State’s proof.
The forensic interview. For most cases, the forensic interview at the CAC is the central piece of evidence. It is the recorded, structured account of the allegation elicited by a trained interviewer, and it will be presented at trial as the reliable version of what the child has said. How the interview was conducted, what protocols were followed, what prior disclosures preceded it, and what pressures shaped the child’s account are all subject to careful defense examination.
Prior statements and disclosures. The forensic interview was rarely the child’s first account. Statements to a parent, a teacher, a therapist, a counselor, a medical provider, or a law enforcement officer often preceded it. Those prior statements matter for two reasons. First, they may be admissible under exceptions to the hearsay rule, meaning the jury may hear about the disclosure history in addition to the interview itself. Second, the chain of disclosure often shapes what the child eventually said in the recorded interview, and the defense must understand that chain to evaluate reliability.
Medical and forensic evidence. SANE examination findings, when they exist, are documented. Physical findings are not present in every case, and their absence is itself a significant fact in cases where physical evidence would be expected. When findings exist, they require careful interpretation, often with medical expert involvement.
Digital evidence. Phones, computers, tablets, and communication records are increasingly part of these investigations. Text messages, social media communications, location data, and internet activity may all become evidence. Digital forensic examination is a specialized area, and the defense evaluation often requires its own expert review.
Corroborating witnesses. Family members, friends, teachers, and others who observed the child before or after the alleged conduct may be called. Their observations, statements made in their presence, and their own histories with the family become part of the case.
Prior bad acts evidence. In some cases, the State may seek to introduce evidence of prior alleged conduct by the accused involving other minors. The admissibility of such evidence is governed by South Carolina Rule of Evidence 404(b) and the exceptions developed in State v. Lyle, 125 S.C. 406, 118 S.E. 803 (1923), and its progeny, which permit prior act evidence to prove motive, intent, absence of mistake, common scheme or plan, or identity. Whether such evidence is admissible in a particular case is a significant pretrial issue that can shape the entire trial.
In many CSC with a Minor cases, the evidence is thinner than the accusation suggests. In others, it is substantial. The defense evaluation begins with understanding exactly what the State has and what it does not.
Penalties and Collateral Consequences
The statutory penalties are severe. The collateral consequences often extend those penalties well beyond the term of imprisonment.
Statutory sentencing exposure. First Degree under § 16-3-655(A)(1) carries a mandatory minimum of twenty-five years, no part suspended and no probation, up to life. First Degree under § 16-3-655(A)(2) carries not less than ten nor more than thirty years, no part suspended and no probation. Second Degree carries a maximum of twenty years. Third Degree carries a maximum of fifteen years, a fine in the discretion of the court, or both. Sentencing discretion depends on the specific statutory provision, the presence of mandatory minimums, the defendant’s prior record, and the circumstances of the offense.
Sex offender registration. A conviction for any degree of CSC with a Minor requires registration on the South Carolina sex offender registry under the Sex Offender Registry Act, § 23-3-400 et seq. Following the South Carolina Supreme Court’s 2021 decision in Powell v. Keel, which held that lifetime registration without any opportunity for judicial review violated due process, the General Assembly enacted House Bill 4075 in 2022 to create a tiered registry system with removal pathways. Under the current framework, First Degree and Second Degree convictions are typically classified as Tier II offenses, allowing a petition to SLED for removal after twenty-five years of registration. Third Degree convictions are typically classified as Tier I, allowing a petition to SLED for removal after fifteen years. Removal is not automatic upon petition; SLED reviews each application, denial may be appealed to General Sessions Court, and the court must find by clear and convincing evidence that the person is no longer a foreseeable risk to reoffend and that removal is in the interest of justice. Registration remains a significant, long-term consequence of any conviction.
Employment and licensing. A conviction affects employment across nearly every sector. Positions involving contact with minors become categorically unavailable. Professional licensing boards for teachers, nurses, physicians, attorneys, counselors, and social workers treat sex offense convictions as grounds for revocation or denial. Federal employment and security clearance eligibility are affected. Private employers routinely disqualify applicants.
Housing. Registration creates significant housing restrictions. Public housing eligibility is affected, as are rental applications, and various jurisdictions impose proximity restrictions to schools, daycares, and playgrounds.
Family court, immigration, and firearm rights. A pending charge or conviction has immediate consequences in family court, including custody, visitation, and DSS involvement. For non-citizens, a conviction is virtually always grounds for removal and inadmissibility under federal immigration law. Any felony conviction terminates federal firearm rights, and a CSC with a Minor conviction does the same under South Carolina law.
Understanding the full scope of consequences before making any decision is essential. A plea offer that appears favorable on its face may carry consequences that outweigh its apparent benefit. Careful evaluation of the full landscape is part of what the defense provides.
How a CSC with a Minor Defense Is Built
A defense is built through methodical work across several distinct areas of examination. Some cases are defended primarily on evidentiary and procedural grounds. Others are defended on factual grounds. Most involve both.
Forensic interview review. The forensic interview is the central piece of evidence in most cases, and its examination is one of the most important elements of the defense. The recording is reviewed carefully and more than once, against the applicable protocol, with attention to opening prompts, ground rules, follow-up questioning, interviewer behavior, and any indications of prior contamination. Where the analysis warrants it, consultation with a forensic interview expert may add significant value.
Chain of disclosure analysis. The forensic interview did not happen in a vacuum. Prior conversations, prior statements, and the sequence of events that led to the CAC referral all shape the account that was ultimately recorded. Building a complete disclosure timeline, from the first mention through every intermediate conversation, is essential. Records from DSS, law enforcement, therapists, medical providers, and schools are all part of that timeline.
Medical evidence evaluation. SANE findings, when they exist, require careful review. Medical records may need to be evaluated by a medical expert who can address whether findings are consistent with the allegations, consistent with alternative explanations such as pre-existing medical conditions, or genuinely ambiguous. The absence of expected findings is itself often a significant fact.
Digital evidence review. Where phones, computers, or other digital devices are part of the State’s evidence, forensic examination is a specialized area. What communications actually said, what metadata shows, whether device access is properly attributed to the accused, and whether the digital record supports or undermines the State’s theory all require careful analysis.
Alternative explanation development. In cases where facts support it, the defense develops alternative explanations for the allegation. Family dynamics, custody disputes, prior incidents in the child’s life, mental health considerations, coaching influences, and other factors may all contribute to a case where the allegation does not reflect what actually occurred. This work is done carefully and never as a substitute for direct engagement with the evidence.
Pretrial motion practice. Several categories of pretrial motions can significantly affect a case. Motions in limine addressing prior bad acts evidence under Rule 404(b) and Lyle. Rape shield hearings under Rule 412 of the South Carolina Rules of Evidence and § 16-3-659.1, which govern the admissibility of evidence concerning a victim’s prior sexual conduct. Motions to suppress statements obtained from the accused. Motions addressing the admissibility of prior consistent statements from the alleged victim. Motions addressing expert testimony. The pretrial phase is often where the shape of the trial is determined.
Plea evaluation and trial preparation. In every case, the defense evaluates whether a plea resolution serves the client’s interests, accounting for the strength of the State’s case and the full collateral consequence picture. A plea is never the default. For cases that go to trial, preparation is exhaustive: jury selection, opening and closing preparation, cross-examination of the alleged victim and other State witnesses, direct examination of defense witnesses, and expert witness preparation.
This work takes time. It takes attention. It takes an honest evaluation of what the case actually is, not what either side would prefer it to be.
Why Hellams Law
Direct attorney involvement. When you contact Hellams Law, you speak directly with Attorney Will Hellams. The attorney who evaluates your case is the attorney who will handle it. There is no intake staff, no associate handoff, no callback from someone other than the lawyer who will actually be in the courtroom. In a case where confidentiality, judgment, and continuity of representation matter as much as they do here, that direct model is a structural commitment to how the work is done.
Criminal defense focus and preparation. Hellams Law is a criminal defense practice, not a general practice that also handles criminal matters. Serious felony cases are part of the work Attorney Hellams has built the practice around. The methodical work described in the previous section, forensic interview review, chain of disclosure analysis, evidence evaluation, motion practice, and trial preparation, is what Hellams Law brings to a CSC with a Minor case.
Familiarity with the Upstate courts. Hellams Law represents clients in General Sessions courts across seven Upstate counties: Greenville, Spartanburg, Laurens, Pickens, Anderson, Oconee, and Cherokee. These cases move through local procedures with local rhythms, and familiarity with the courts where a case is being tried is part of what the firm brings to the representation.
Judicial Clerkship. Prior to founding Hellams Law, Attorney Will Hellams served as a law clerk in the South Carolina 13th Circuit Court. That experience shaped his understanding of how courts approach the significant legal issues that arise in serious felony matters.
Honest communication. Attorney Hellams does not promise outcomes he cannot deliver, does not overstate defenses the facts do not support, and does not understate risks a person facing these charges deserves to understand. Steady, honest communication is a core commitment.
Steady Defense for Serious Charges. Built for What You Have to Lose.
If You Are Facing These Charges in South Carolina
A CSC with a Minor charge is one of the most serious matters a person can face in the South Carolina criminal justice system. The penalties are severe. The collateral consequences are lasting. The social weight of the accusation begins immediately, and the investigation is often substantially complete before an arrest is made.
None of that means the case is over. It means the case requires immediate, careful attention.
When you contact Hellams Law, you speak directly with Attorney Hellams. There is no intake staff, no associate, no callback from someone other than the attorney who will actually handle your case.
Call or submit the contact form to schedule a confidential consultation. The conversation is privileged. What you share goes no further. And the sooner that conversation happens, the more options are available.