What Is the Legal Age of Consent in South Carolina?

The age of consent in South Carolina is 16. Someone aged 16 or older can legally consent to sexual activity. Sexual activity with a person under 16 can be prosecuted as criminal sexual conduct (CSC) with a minor, a serious felony under S.C. Code § 16-3-655.

What the law says

South Carolina’s code calls the offense “criminal sexual conduct with a minor” (§ 16-3-655) rather than “statutory rape.” The degree depends on the child’s age:

• First degree — the victim is younger than 11 (or younger than 16 where the actor has a prior qualifying conviction). One of the most serious felonies in the state.
• Second degree — the victim is at least 11 but younger than 14, or at least 14 but younger than 16. Punishable by up to 20 years in prison.

These are strict-liability offenses. Consent is not a defense, and South Carolina does not allow a “mistake of age” defense for these charges — believing the minor was older does not excuse the conduct.

Is there a “Romeo and Juliet” (close-in-age) exception?

Only a narrow one — not a broad safe harbor. Under § 16-3-655(D), a person who is 18 years old or younger does not commit second-degree CSC for consensual conduct with someone who is at least 14.

This provision is limited to older teenagers and young adults who are close in age. It does not make sexual activity with a child under 14 lawful, and it does not protect anyone older than 18 who has sexual contact with a 14- or 15-year-old — that remains a felony.

Other consequences

A conviction for CSC with a minor generally requires sex-offender registration, although the narrow consensual close-in-age situations above can be exempt. Producing or possessing sexual images of anyone under 18 is a separate, serious crime regardless of the age of consent.

If you are facing charges — or are a survivor

These are among the most serious charges in South Carolina law, and the specific facts matter enormously. Anyone facing an allegation should speak with a qualified South Carolina criminal defense attorney right away. Survivors can contact RAINN’s National Sexual Assault Hotline at 1-800-656-4673 (free, confidential, and available 24/7).

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Sources

• S.C. Code § 16-3-655 — Criminal sexual conduct with a minor (South Carolina Legislature)
• The age of consent in South Carolina is 16; consent and mistake-of-age are not defenses to criminal sexual conduct with a minor.
• RAINN — National Sexual Assault Hotline, 1-800-656-4673 (24/7, free, confidential)

Last reviewed: August 2, 2026. This article is general information, not legal advice. If you are facing charges or are a survivor, consult a qualified South Carolina attorney.