Most states make it a criminal offense (statutory rape) to have sexual intercourse with a person under the age of consent—which is usually between 16 and 18 years of age. These laws are premised on the belief that a person under the age of consent is not capable of giving informed consent to sexual intercourse—even if the person was a willing participant. Statutory rape may be prosecuted as a misdemeanor offense or as a felony offense—depending on the state’s laws and the ages and circumstances of the sexual activity.

But many states recognize a defense to such a criminal offense if the persons engaged in the sexual activity were close in age—within three years, for example—provided the persons were at least 14 years of age, for example. These laws are sometimes called Romeo-and-Juliet laws, and are usually located in a state’s statutes, in the penal or criminal code.

In South Carolina, statutory rape laws are codified under the South Carolina Code of Laws. The age of consent in South Carolina is 16 years old. Sexual intercourse with a person under the age of consent is considered a criminal offense and can be prosecuted under the state's statutory rape laws. The severity of the charge, whether misdemeanor or felony, depends on the ages of the individuals involved and the circumstances of the sexual activity. South Carolina does have a 'Romeo and Juliet' law, which provides a close-in-age exemption. This exemption applies when the individuals involved are both minors and the age difference between them is not more than three years. However, this close-in-age exemption does not apply if one of the parties is 14 years of age or younger. It is important for individuals in South Carolina to understand these laws and the potential legal consequences of engaging in sexual activity with someone under the age of consent.