In most states it is 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. Statutory rape laws are generally located in a state’s statutes—often in the penal or criminal code.

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 generally located in a state’s statutes—often in the penal or criminal code.

In South Carolina, the age of consent is 16 years old, which means that it is considered statutory rape to engage in sexual intercourse with someone who is under this age. The laws governing statutory rape are found in the South Carolina Code of Laws, particularly in the criminal or penal code sections. Statutory rape in South Carolina can be prosecuted as either a misdemeanor or a felony, depending on various factors such as the ages of the individuals involved and the circumstances surrounding the act. South Carolina does have a 'close-in-age' exemption, commonly referred to as a Romeo-and-Juliet law, which provides a legal defense for individuals who engage in consensual sex when both participants are minors and close in age to each other, typically within a three-year age difference. However, this defense is not applicable if one of the parties is below the age of consent. It's important to note that even with the close-in-age exemption, there may be restrictions based on the exact ages of the individuals involved.