Is someone at the age of 16 legally able to have sex with someone much older in South Carolina?

[bocley]

The age of consent law in SC is vague to me. The SC laws says that the age of consent for sex is between 14 and 16. Does this mean having sex with a 16 year old is illegal as an adult is who is much older?

Here is the law from the sc state site and like I said im having troubles interrupting it for someone who is AT the age of 16

SECTION 16-3-655. Criminal sexual conduct with a minor; aggravating and mitigating circumstances; penalties; repeat offenders. (B) A person is guilty of criminal sexual conduct with a minor in the second degree if:...(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is 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. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense.

SECTION 16-15-140. Committing or attempting lewd act upon child under sixteen. It is unlawful for a person over the age of fourteen years to willfully and lewdly commit or attempt a lewd or lascivious act upon or with the body, or its parts, of a child under the age of sixteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of the person or of the child.

[fyfe]

The age of consent law in SC is vague to me. The SC laws says that the age of consent for sex is between 14 and 16. Does this mean having sex with a 16 year old is illegal as an adult is who is much older?

Here is the law from the sc state site and like I said im having troubles interrupting it for someone who is AT the age of 16

SECTION 16-3-655. Criminal sexual conduct with a minor; aggravating and mitigating circumstances; penalties; repeat offenders. (B) A person is guilty of criminal sexual conduct with a minor in the second degree if:...(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is 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. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense.

SECTION 16-15-140. Committing or attempting lewd act upon child under sixteen. It is unlawful for a person over the age of fourteen years to willfully and lewdly commit or attempt a lewd or lascivious act upon or with the body, or its parts, of a child under the age of sixteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of the person or of the child.

You asked:

"does being 16 put that 16 year old into the greater than
14 and less than 16 illegal age bracket?"

Thank you for this clarification!

The answer is NO. If someone is age 16, then they're not "greater than 14 and less than 16", because when they've reached the age of 16, they're no longer "less than 16".

Since the age of consent in South Carolina is 16, if a 22 year old has sex with a consenting 16 year old, the consent of the 16 year old will be recognized, and no crime is committed. There are no restrictions on age difference as long as both persons have reached the age of consent.

Note, however, that some of the South Carolina statues refer to certain kinds of activities that are prohibited if they involve "minors", and that such activities will be illegal if someone under 18 is involved, even though it is a minor who's at least age 16 and has given consent.

[josephus]

NO, a 16 year old can NOT have sex with someone much older! The laws you have cited are not those pertaining to statutory rape (what you are inquiring about). The age of consent is 16, but if, at 16, you have intercourse with someone older than 18 that someone can be arrested for statutory rape.

[gervaso81]

Section 16-3-655 says it is illegal to have "sexual battery" with someone who is over 14 yrs. old, but less than 16 yrs. old. It says that this statute does not apply if the perpetrator is 18 yrs old or less, and the sex is consensual by both parties. If the perpetrator is over 18 yrs. old, this statute would apply even if it was consensual sex.

You need to look up the definition of "sexual battery" as it is illegal to do with someone who is 14 or 15 yrs. old.

Section 16-15-140 says it is unlawful for anyone over the age of 14 to try to have sex or sexual contact with someone who is under 16 yrs. of age.

Check the rest of the statutes, normally there will be other laws that cover people under 14 yrs. of age and cover other types of sexual acts.

[augustus]

Section 16-3-655 says it is illegal to have "sexual battery" with someone who is over 14 yrs. old, but less than 16 yrs. old. It says that this statute does not apply if the perpetrator is 18 yrs old or less, and the sex is consensual by both parties. If the perpetrator is over 18 yrs. old, this statute would apply even if it was consensual sex.

You need to look up the definition of "sexual battery" as it is illegal to do with someone who is 14 or 15 yrs. old.

Section 16-15-140 says it is unlawful for anyone over the age of 14 to try to have sex or sexual contact with someone who is under 16 yrs. of age.

Check the rest of the statutes, normally there will be other laws that cover people under 14 yrs. of age and cover other types of sexual acts.

South Carolina does not have a close-in age exemption, and the age of consent is 16. There are conditional statements in the law that apply reduced criminal penalties for those under 18, so long as their victim wasn't too young. But make no mistake, break that law, get caught, and go to prison, regardless of age.

Further, the law makes it so that two people under the age of 16 who have sex raped eachother, and both go to prison.

However, being over 16 is being over 16. If you're over the age of consent, you're over the age of consent, period. Arresting someone for having consensual sex with a 16 year old would be like arresting a 21 year old for drinking 20 year old scotch, because the whiskey was "too old" for them.