(a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.
Terms Used In South Carolina Code 16-3-654
- felony: A crime carrying a penalty of more than a year in prison.
(b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.
(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than ten years, according to the discretion of the court.