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Last Modified on Oct 03, 2025
Text messages have become more and more common each year as we progress in our digital age. This may leave you wondering, “Are text messages admissible in South Carolina courts?” Courts in South Carolina can take text messages as evidence, both in criminal and civil cases, as well as in sex crime cases. The admissibility of text messages requires verification of authenticity and relevance as well as compliance with evidence rules.
Relevant Laws and Statistics
Statistics from the United States Sentencing Commission state that sexual abuse offenses have increased 62.5% since fiscal year 2020. The average sentence for individuals sentenced for sexual abuse was 221 months. Of those sentences for sexual abuse, 99.2% went to prison.
Title 16, Chapter 3, of the South Carolina Code of Laws contains provisions defining criminal sexual conduct, sexual exploitation of a minor, and indecent exposure. Violations of these statutes may subject an individual to fines, prison or jail sentences, and registration as a sex offender.
The state has a three-tier system of sex offender registration, which provides for lengths of registration and restrictions on registered sex offenders. The courts in South Carolina review electronic evidence, such as text messages, with scrutiny as to the source of the evidence and its authenticity in determining whether to consider it for a sex crime offense.
Understanding Text Messages as Evidence
Text messages are treated as electronic communications under the rules of hearsay and digital evidence. To be admissible, a text must be authenticated, meaning the party presenting it must show that it is what they claim it is and has not been tampered with. Courts generally demand statements from either the sender or recipient of a text message or testimony from a professional to establish the message’s origin.
The content of the text must also be relevant to the case, meaning it must directly support or contradict a claim or allegation. For instance, in sex crime cases, a text message that includes a threatening statement or a sexual advance may be introduced as evidence of the defendant’s intent or knowledge.
Legal Requirements for Admissibility
In a South Carolina court, to be admissible, a text must meet several criteria. First, it must be relevant to the case’s issues. Second, the court requires authentication of the text message through methods such as metadata analysis, phone records, and witness testimony.
Third, the text must not be hearsay, or it must fall under a hearsay exception, such as an admission by a party opponent. Fourth, the text must be presented in a manner that does not alter its content or context. Additionally, the court will consider the legality of how the text was obtained. Texts obtained illegally may be suppressed. These rules aim to ensure that digital evidence is both reliable and fairly presented in court.
What To Do If Texts Are Used Against You
If texts are being used to charge you with a crime in South Carolina, you need to take certain steps to protect your rights. First, never delete or tamper with the messages. This can result in obstruction of justice charges. Secondly, ensure all communications remain intact along with their metadata and backup phone records.
Third, hire a sex crimes lawyer. Your South Carolina sex crimes attorney can help suppress the texts or argue that they do not accurately reflect your intent, attempting to diminish your sex crime penalties. The attorney can attack the messages as fake or obtained improperly. Having legal counsel early on is crucial in how electronic evidence is managed.
Hire a Sex Crimes Lawyer Today
At Deas Law Firm, we take pride in offering every client effective, compassionate, and aggressive legal representation. Attorney Garryl L. Deas and his team of legal professionals have over 24 years of experience serving clients in South Carolina, including Camden, Kershaw County, and surrounding areas.
We often handle cases in front of the Kershaw County Courthouse. This courthouse processes criminal defense and personal injury cases as well as civil matters. No matter how complex your sex crime case may be, we can work relentlessly to protect your rights and your future.
FAQs
Are Text Messages Legally Binding in South Carolina?
Text messages can be legally binding in South Carolina when they fulfill the requirements of a valid contract. The text message must demonstrate a clear offer, acceptance, intent, and consideration between the parties involved. Courts will assess authenticity and clarity, so informal or ambiguous messages may not be enforceable. Proper documentation and contextual evidence are key to upholding the validity of text message agreements.
Do Courts Accept Text Messages as Evidence in South Carolina?
In South Carolina courts, text messages can be used as evidence in certain circumstances. Like any other piece of evidence, text messages must be authenticated and shown to be relevant to the case. Parties presenting text messages as evidence must be able to prove that the messages are genuine, unaltered, and related to the sender.
Can a Screenshot of a Text Message Be Used in Court in South Carolina?
In South Carolina, screenshots can be used as evidence, but they need to be authenticated. Courts may require additional evidence, such as the testimony of the sender or recipient, or metadata, to verify that the screenshot is accurate and has not been altered. If not properly authenticated, screenshots may be excluded or attacked by opposing counsel.
How Can I Challenge Text Messages in Court?
Text messages may be challenged in court based on authenticity, accuracy, or relevance. The defense attorney may contest the messages on the grounds that they were doctored, presented out of context, or improperly obtained. In South Carolina sex crime cases, a knowledgeable defense attorney can also call on digital forensics professionals to review metadata to assess whether the evidence presented is legitimate and admissible.
Contact A South Carolina Sex Crimes Attorney
If you have been charged with a sex crime and text messages are being used against you in court, Deas Law Firm can help prepare an appropriate defense on your behalf. We understand how serious these charges can be and can work to fight for your rights and future. Contact us today for more information.
