South Carolina’s child pornography charge is called sexual exploitation of a minor. There are actually three separate levels of the charge depending on the circumstances.
Third Degree Sexual Exploitation of a Minor
3rd degree sexual exploitation is codified in S.C. Code § 16-15-410. This is a felony that carries a maximum of 5 years imprisonment. This offense level is for those found in possession of material that “contains a visual representation o f a minor engaging in sexual activity of appearing in a state of sexually explicit nudity.” This can include items such as video-cassettes, or pictures stored on your computer or smart-phone.
Second Degree Sexual Exploitation of a Minor
2nd degree sexual exploitation of a minor is codified in S.C. Code § 16-15-405. This is a felony that carries a minimum of 2 years in prison and a maximum of 10 years. This offense level is for those accused of distributing child pornography. A common way that people are charged with this level is by using a peer to peer file sharing program that automatically uploads files on your computer, or situations where images are emailed or uploaded to Internet sites.
The most common offenses are 3rd and 2nd degree.
First Degree Sexual Exploitation of a Minor
1st degree sexual exploitation of a minor is codified in S.C. Code § 16-15-395. This is a felony that carries a minimum of 3 years and a maximum of 20 years in prison. This offense level is for those accused of actually manufacturing child pornography, or who sells pre-existing child pornography.
Sex Offender Registration
A conviction for any level of sexual exploitation of a minor is considered a sexual offense, and the court will be required to impose sex offender registration as a condition of any sentence.
Important Information About This Charge
- It is not unusual for an individual accused of child pornography to be charged with multiple charges at the same time. For example, if you are found to be in possession of 100 images, this might result in only 1 charge, 100 charges, or any number in-between.
- The most common charges are 3rd degree and 2nd degree. Many times a 2nd degree charge will result from use of a file sharing system, such as BitTorrent. You can be prosecuted as a 2nd degree level offender even if you didn’t actually know that your system was automatically sharing files with other computers on the Internet, but you can still challenge this fact at a trial.
- Prosecutions in these are handled by the local prosecutor’s office, or the Attorney General’s Crimes Against Children’s Task Force.
- Often, child pornography charges can be brought in either state court or federal court. If you are charged with sexual exploitation of a minor that is the state level charge. There is no formal method that determines if any given case will be federal or state, it really just depends on what law enforcement agency takes the lead in the investigation.
- A successful defense can result in charges being reduced or even dismissed. This can be especially significant if you are originally facing a 2nd or 1st degree charge. Reducing the charges can eliminate the mandatory prison sentence, resulting in a possible probation-only sentence (no jail or prison-time). A dismissal, either by the prosecutor pre-trial, or as a result of a not-guilty verdict, results in no sentence or sex offender registration.
- A defense lawyer can help anyone charged with sexual exploitation of a minor seek a dismissal or a reduced sentence
Charged with Child Pornography?
We can help you if you have been charged with sexual exploitation of a minor, or any other state or federal child pornography charge.
The first step is to contact our office for a free case evaluation. During that appointment you’ll be able to explain your situation to an attorney and ask any questions that you have. To schedule your appointment call (888) 301-6004. Appointments are scheduled in our Lexington office, we are available to represent clients in any county in South Carolina.
We do not recommend that anyone under investigation for child pornography or who has been arrested meet with law enforcement, answer questions, make any statement or consent to any searches until first consulting with an attorney.