South Carolina Code 16-15-430. Sexual extortion; aggravated sexual extortion
(1) "Adult" means a person eighteen years or older.
Terms Used In South Carolina Code 16-15-430
- person: means any individual, corporation, partnership, association, firm, club, or other legal or commercial entity. See South Carolina Code 16-15-305
- sexual conduct: means :
(a) vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted, whether between human beings, animals, or a combination thereof;
(b) masturbation, excretory functions, or lewd exhibition, actual or simulated, of the genitals, pubic hair, anus, vulva, or female breast nipples including male or female genitals in a state of sexual stimulation or arousal or covered male genitals in a discernably turgid state;
(c) an act or condition that depicts actual or simulated bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;
(d) an act or condition that depicts actual or simulated touching, caressing, or fondling of, or other similar physical contact with, the covered or exposed genitals, pubic or anal regions, or female breast nipple, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of actual or apparent sexual stimulation or gratification; or
(e) an act or condition that depicts the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure. See South Carolina Code 16-15-305
(2) "Minor" means any person under eighteen years of age at the time of the alleged offense.
(3) "Great bodily injury" means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
(4) "Private image" means an image depicting sexually explicit nudity or sexual activity, as defined in § 16-15-375, or sexual conduct, as defined in § 16-15-305.
(5) "Image" means a photograph, film, videotape, recording, live transmission, digital or computer-generated visual depiction, or any other reproduction made by electronic, mechanical, or other means.
(6) "Disclose" means exhibit, transfer, publicize, distribute, or reproduce.
(7) "Vulnerable adult" has the same meaning as in § 43-35-10.
(B) A person commits the offense of felony sexual extortion if the actor intentionally and maliciously threatens to release, exhibit, or distribute a private image of another in order to compel or attempt to compel the victim to do any act or refrain from doing any act against his will, with the intent to obtain additional private images or anything else of value. Except as provided in subsections (C) and (D), a person convicted of felony sexual extortion must be imprisoned:
(1) not more than five years for a first offense;
(2) not more than ten years for a second offense; or
(3) not more than twenty years for a third or subsequent offense.
(C)(1) A person commits the offense of aggravated felony sexual extortion if the actor intentionally and maliciously threatens to release, exhibit, or distribute a private image of another in order to compel or attempt to compel the victim to do any act or refrain from doing any act against his will, with the intent to obtain additional private images or anything else of value and either:
(a) the victim is a minor or a vulnerable adult and the person convicted of sexual extortion is an adult; or
(b) the victim suffers great bodily injury or death and the finder of fact finds beyond a reasonable doubt that the sexual extortion of the victim was the proximate cause of the great bodily injury or death.
(2) A person convicted of aggravated felony sexual extortion must be imprisoned not more than twenty years.
(D) If the person convicted is a minor, then the person is guilty of misdemeanor sexual extortion and must be sentenced by the family court. The court may order as a condition of sentencing behavioral health counseling from an appropriate agency or provider.