State Guide
Age of Consent in South Carolina
A plain-English guide to the age of consent in South Carolina, cited to S.C. Code § 16-3-655. A genuine close-in-age exemption is built directly into the statute, based on the offender’s own age rather than a numeric gap.
Exemption if offender is 18 or younger, victim 14+South Carolina at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | S.C. Code § 16-3-655 (Criminal Sexual Conduct with a Minor) |
| Close-in-age mechanism | Exempt if offender is 18 or younger and victim is 14 or older |
| Age-based defense, if any | None needed — statute simply doesn’t apply if conditions are met |
| Related offense | Sexual battery with a student — S.C. Code § 16-3-755 |
Overview
South Carolina sets its age of consent at 16. South Carolina does not use the term “statutory rape”; these age-based offenses are prosecuted as criminal sexual conduct with a minor under S.C. Code Section 16-3-655.
A genuine close-in-age exemption is written directly into the second- and third-degree tiers of this statute. It is based on the offender’s own age rather than a numeric gap: a person cannot be convicted under these specific provisions if they are 18 years old or younger and the other person is at least 14.
Age of consent in South Carolina
Section 16-3-655 defines three degrees of criminal sexual conduct with a minor. First degree covers a victim under 11, with the most severe penalties, including a mandatory minimum of 25 years. Second degree, sexual battery with a victim under 16, and third degree, lewd or lascivious conduct with a victim under 16, both carry the close-in-age exemption described below.
Close-in-age rules in South Carolina
The statute states that a person may not be convicted under the second-degree provision if they are 18 years of age or less when they engage in consensual sexual conduct with another person who is at least 14. The third-degree provision, covering lewd or lascivious conduct, uses the same 18-or-younger and 14-or-older test.
One secondary source this guide reviewed states that South Carolina has no close-in-age exemption at all. This guide finds that claim inconsistent with the statute language directly quoted and consistently corroborated across several other independent sources.
Exceptions and defenses
South Carolina courts have held that mistake of age is not a defense to criminal sexual conduct with a minor, second degree. A separate offense, sexual battery with a student, carries its own narrow marital exception where the school official and student are married to each other.
Applicable statutes
The codified South Carolina law this guide is drawn from.
Practical examples
Example 1. An 18-year-old and a 14-year-old, consensual. Because the offender is 18 or younger and the other person is 14 or older, this fits the exemption.
Example 2. A 19-year-old and a 14-year-old, consensual, a five-year gap. Because the offender is over 18, the exemption does not apply, even though a smaller-gap combination elsewhere would be exempt.
Example 3. A 17-year-old and a 13-year-old. Because the younger person is under 14, the exemption does not apply regardless of the offender’s own age.
Frequently asked questions about South Carolina
What is the age of consent in South Carolina?
16. S.C. Code Section 16-3-655 addresses sexual conduct with anyone under 16 as criminal sexual conduct with a minor.
Does South Carolina have a Romeo and Juliet law?
Yes, a genuine one, though based on the offender’s own age rather than a numeric gap: the offender must be 18 or younger and the other person at least 14.
Is this the same as a typical age-gap exemption?
No. Many states measure the gap between the two people’s ages. South Carolina instead looks only at the offender’s own absolute age at the time of the conduct.
Does a mistaken belief about age count as a defense?
No. South Carolina courts have held that mistake of age is not a defense to criminal sexual conduct with a minor, second degree.
Are married couples treated differently?
Only in one narrow context: sexual battery with a student carries a marital exception where the school official and student are married.
Official sources
Primary and official sources this guide is built from.
South Carolina vs. a numeric gap state
South Carolina’s exemption is measured differently from most other states.
| Feature | South Carolina | A gap-based state |
|---|---|---|
| What determines the exemption | Offender’s own age (18 or younger) | The size of the gap between the two people |
| Minimum victim age for exemption | 14 | Varies |
| Mistake-of-age defense | Not available | Varies |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the South Carolina Code of Laws, cross-checked against multiple independent legal references and South Carolina case law.
Pending attorney review
This guide has not yet been checked by a licensed South Carolina attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects S.C. Code § 16-3-655 as of 27 July 2026. It has not yet been reviewed by a licensed South Carolina attorney. One source claimed no close-in-age exemption exists at all; this guide found that inconsistent with the exemption language directly quoted and consistently corroborated elsewhere, and treats the exemption as genuine.