South Carolina law allows the prosecutor to infer intent by behavior, however.
Don't take my word for it. Look it up. That's what I did.
As you seem to deflect my question too...which was how this case could be defended, not prosecuted.
Quoting Shrinkmaster
VERY good points Harold. If OP has the funds to fight charge he can use this if his Lawyer agrees. However again the cost to defend against this charge will exceed cost of Diversion option.