Category: Criminal Sexual Conduct

Lifetime Registration and Monitoring for Juvenile Sex Offenders

This month the S.C. Supreme Court affirmed the requirement of lifetime sex-offender registration and lifetime electronic monitoring of juveniles who are convicted of criminal sexual conduct in the first degree. It’s a horrible case: a 15-year-old boy was accused of forcing oral sex and attempting anal sex with a 5-year-old child. As a consequence, he [..]

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PCR and Habeas Corpus in South Carolina

The S.C. Supreme Court held in In Re Chapman this month that persons committed as Sexually Violent Predators (SVP) have a right to effective assistance of counsel.  Although they cannot file a Post Conviction Relief (PCR) action, they can challenge an SVP commitment collaterally through Habeas proceedings. Post Conviction Relief (PCR) South Carolina has designated [..]

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Earley v. State – When is it Ok for the Prosecutor to Withhold Discovery?

In Earley v. State, decided October 19, 2016, the S.C. Supreme Court found that where the prosecutor withheld a Defendant’s statement until he was on the witness stand, it did not warrant granting PCR to the defendant.  The defendant wrote “see ya” on the alleged victim’s Facebook page prior to trial, the prosecutor obtained the [..]

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Criminal Sexual Conduct in South Carolina

  Criminal Sexual Conduct of the First Degree Defined S.C. Code § 16-3-652 defines first degree criminal sexual conduct (CSC) as sexual battery with use of aggravated force or victim submits to sexual battery while also victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking or any other similar offense or act or victim rendered [..]

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