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.

Quick reference for South Carolina age of consent law.
Age of consent16
Governing statuteS.C. Code § 16-3-655 (Criminal Sexual Conduct with a Minor)
Close-in-age mechanismExempt if offender is 18 or younger and victim is 14 or older
Age-based defense, if anyNone needed — statute simply doesn’t apply if conditions are met
Related offenseSexual 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.

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.

This is an offender-age exemption, not a numeric gap rule. What matters is the offender’s own age at the time of the conduct, not how many years separate the two people. A 17-year-old and a 14-year-old fits the exemption; a 19-year-old and a 14-year-old does not, even though the gap is smaller than some other states’ gap-based thresholds.

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

These are simplified, hypothetical illustrations only, not legal advice, and not a prediction of any real case’s outcome.

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.

Comparing South Carolina’s offender-age exemption with a gap-based model. Scroll sideways on a small screen.
FeatureSouth CarolinaA gap-based state
What determines the exemptionOffender’s own age (18 or younger)The size of the gap between the two people
Minimum victim age for exemption14Varies
Mistake-of-age defenseNot availableVaries

About this guide

Who wrote it, who reviewed it, and when it was last checked.

Written by

RomeoAndJulietLaw.com Editorial Team

Drafted from the South Carolina Code of Laws, cross-checked against multiple independent legal references and South Carolina case law.

Legally reviewed by

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.

Last reviewed Not yet attorney-reviewed Last updated 27 July 2026

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.

Not legal advice. This page is general educational information about age of consent law in South Carolina. Laws change and vary by jurisdiction. Consult a licensed attorney in the relevant state before acting on anything you read here.