South Carolina law sets penalties and court options for prostitution offenses

A court may defer the case and place the person on probation. This option applies to a person charged under the prostitution law who has no prior conviction for prostitution under South Carolina law or a similar state or federal law. The person must have no earlier conviction for prostitution under South Carolina law or a similar state or federal law, plead guilty or be found guilty, and agree to the option. The court sets the terms and may enter a conviction if the person breaks them. Treatment may be required if a state-supported program is available. Before discharge, the person must pay a $150 fee, unless the court finds the person indigent and waives, reduces, or suspends it. After the person completes the court’s terms, the court must dismiss the case without a conviction. This option may be used only once for each person.

A person may ask the court to clear official records tied to the arrest and case. This applies to a person whose case was discharged and dismissed under the court’s probation option. The person must first receive discharge and dismissal through the probation option. After a hearing, the court must order the records cleared if it finds the person was discharged and the case dismissed. A nonpublic record kept for courts to check later offenses remains. The person may apply after discharge and dismissal; the court enters the order after a hearing if it confirms those events.

The law prohibits prostitution, promoting prostitution, and soliciting a person for prostitution, and sets penalties for convictions. The prohibitions cover people who engage in prostitution, promote it, or solicit someone for it. Promotion includes recruiting, grooming, providing a place or transport, and publicly advertising prostitution. A person under 18 at the time of an alleged prostitution act is immune from prosecution for that offense. For prostitution and promotion offenses, duress, coercion, or a direct connection to human trafficking is an affirmative defense the accused must raise in court. Prostitution convictions can bring fines or jail, with higher maximums for repeat offenses. Promotion and solicitation convictions carry mandatory minimum fines and prison terms, with higher penalties for repeat offenses. The law took effect on May 18, 2026. Penalties apply upon conviction, and repeat offenses carry higher penalties.