FLORENCE, S.C. – Rapper Kodak Black will be tried in April on a sex charge filed in Florence County.
Judge Thomas A. Russo held a hearing Thursday afternoon and set Black’s trial date for a day to be determined in April.
Russo said he was not able to set a specific trial date as he had not yet been provided the schedule of the terms of court for the month of April. The judge, 12th Judicial Circuit Solicitor E.L. “Ed” Clements III, and Black’s attorneys, Beattie Ashmore and Robert E. Lee, are going to hold a conference call to set a date once the schedule of terms of court is released.
Black, 21, was indicted by a grand jury in April 2017 on a charge of criminal sexual conduct in the first degree.
The rapper was arrested on a warrant in December 2016 regarding an incident at the Comfort Inn and Suites in February 2016. According to a report of the Florence County Sheriff’s Office, Black became physically aggressive with a female who was in his room at the Comfort Inn and Suites. The report says that Black allegedly forced himself on the female and had sex with her.
If convicted of the charge, Black could face up to 30 years in prison.
To convict the rapper, Clements’ office must prove beyond a reasonable doubt that Black engaged in sexual battery while either using aggravated force, or that the woman was a victim of a crime like kidnapping or robbery, or that Black caused the woman to become mentally incapacitated by giving her a controlled substance.
Sexual battery is further defined by South Carolina law to mean sexual intercourse, oral intercourse, anal intercourse, or any intrusion, however slight, of any part of a person’s body or of any object into the openings of another person’s body, except for during medically recognized treatment or diagnostic purposes.
South Carolina law defines aggravated force to mean overcoming a victim with physical force.
Mentally incapacitated is defined by South Carolina law to mean that a person becomes incapable of controlling his or her conduct.
Black, a Pompano Beach, Fla., native, has recorded two albums: “Painting Pictures” and “Dying to Live.” He is known for his songs “Roll in Peace,” “Tunnel Vision,” and “No Flockin.” He has been arrested four times in Florida. Black earned his GED in June while serving a 364-day sentence in Florida. Black is charged under his birth name of Dieuson Octave. He changed his name in 2018 to Bill K. Kapri.