Sexual battery with a student - South Carolina Sexual Assault Laws

Sexual battery with a student Crime & Punishment in South Carolina :

The South Carolina code § 16-3-655 defines two degrees of the crime sexual battery with a student, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity	Sexual battery with a student - Charge Description	Punishment
Felony STATUTORY	“Sexual battery” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, except when such intrusion is accomplished for medically recognized treatment. If a person affiliated with a public or private secondary school in an official capacity has direct supervisory authority over a student enrolled in the school who is eighteen years of age or older, and the person affiliated with the public or private secondary school in an official capacity engages in sexual battery with the student, and aggravated coercion or aggravated force is not used to accomplish the sexual battery, the person affiliated with the public or private secondary school in an official capacity is guilty of a felony. “Sexual battery” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, except when such intrusion is accomplished for medically recognized treatment. If a person affiliated with a public or private secondary school in an official capacity engages in sexual battery with a student enrolled in the school who is sixteen or seventeen years of age, and aggravated coercion or aggravated force is not used to accomplish the sexual battery, the person affiliated with the public or private secondary school in an official capacity is guilty of a felony.	Maximum of 5 years in prison
Misdemeanor	“Sexual battery” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, except when such intrusion is accomplished for medically recognized treatment. If a person affiliated with a public or private secondary school in an official capacity engages in sexual battery with a student enrolled in the school who is eighteen years of age or older, and aggravated coercion or aggravated force is not used to accomplish the sexual battery, the person affiliated with the public or private secondary school in an official capacity is guilty of a misdemeanor.	Maximum of 3 years in prison

South Carolina law allows sexual battery with a student to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the South Carolina Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Sexual battery with a student is a charge that is unique to South Carolina. Crimes that would be prosecuted as sexual battery with a student in South Carolina will be prosecuted under a different statute depending on the state in which the crime takes place.

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