Over the past several years, we have seen an increasing number of cases involving individuals arrested after meeting an underage person through hookup apps like Sniffies or Grindr. These cases often come as a shock to the accused, as many are unaware that South Carolina law does not allow a mistake of age defense in these situations.
How These Arrests Happen
In South Carolina, the legal age of consent is generally considered to be 16. However, nothing prevents minors—sometimes as young as 14 or 15—from creating accounts on these platforms, misrepresenting their age, and arranging to meet with adults.
In many cases, a minor’s parents or guardians are unaware of their activity until they discover messages, photos, or app usage. Once a parent becomes aware, they often report the situation to law enforcement. From there, an investigation is launched, which can lead to arrests—even when the accused genuinely believed the individual was of legal age. In some situations, multiple men may be charged for separate encounters with the same minor.
Common Criminal Charges in South Carolina
Those caught in these cases may face one or more serious felony charges, including:
Criminal Sexual Conduct with a Minor (2nd Degree)
- This offense applies to sexual contact, including penetration, with a minor between 11 and 15 years old.
- Key fact: South Carolina law does not state someone is not guilty based on the minor lying about their age.
Criminal Sexual Conduct with a Minor (3rd Degree)
- This offense involves sexual contact, short of penetration, with minor 15 or younger.
Sexual Exploitation of a Minor
- Charges related to the creation, distribution, or possession of explicit images of a minor (under 18).
- Example: If you are accused of asking the minor to send a picture, this could be classified as 1st-degree sexual exploitation.
- Key fact: Mistake of age is not a defense to sexual exploitation charges.
Disseminating Obscene Material to a Minor
- Sending sexually explicit photos, videos, or messages to a minor, even without physical contact.
Criminal Solicitation of a Minor
- Using electronic communication to discuss or arrange a sexual encounter with a minor.
Each of these charges is a felony, prosecuted either by the Solicitor’s Office or the Attorney General’s Office, depending on the circumstances. Convictions can result in long prison sentences and mandatory sex offender registration.
What to Do If You Are Under Investigation or Arrested
If you suspect you are under investigation or have been contacted by law enforcement:
- Remain Silent: Do not make statements, answer questions, or agree to searches without legal representation.
- Do Not Attempt to Explain: Telling police you believed the person was 18 will not prevent an arrest or charges.
- Retain Legal Counsel Immediately: Early legal intervention can sometimes prevent an arrest or reduce the severity of charges.
Defense Strategies and Mitigation
While these cases are serious, they are not hopeless. As criminal defense attorneys, we focus on two critical aspects of your case:
1. Examining the Evidence
A conviction requires proof beyond a reasonable doubt. We analyze:
- Statements made by you, the minor, and other witnesses.
- Text messages, app communications, and phone data.
- The reliability of forensic evidence.
- Whether police followed proper procedures during the investigation.
Weak or insufficient evidence may provide grounds for reduction, dismissal or acquittal.
2. Mitigation for Reduced Charges or Sentencing
Even when guilt is established, there is often significant room for negotiation. We present mitigating factors such as:
- Whether the minor initiated contact and persisted in meeting multiple individuals.
- Whether the meeting was entirely non-physical or involved no intent to engage in illegal activity.
- Your lack of prior criminal history and personal background (employment, family stability, etc.).
- Participation in counseling or forensic psychological evaluations.
- Prosecutor discretion—while mistake of age is not a defense, it can influence a decision to reduce or dismiss charges in certain cases.
Contact a South Carolina Defense Attorney Today
If you have been accused or believe you are under investigation for a charge involving a minor, do not wait until you are arrested to seek legal help. Early intervention can make a critical difference in your case.
The Law Office of James R. Snell, Jr., LLC has over 20 years of experience defending individuals accused of felony sex offenses, including cases related to meeting underage individuals online.
Call (803) 359-3301 for a free and confidential consultation. We represent clients in Lexington, Columbia, and throughout South Carolina.