What Constitutes Child Pornography Charges?

Under South Carolina Code §16-15-410, a person in possession of child pornography can be charged with a crime. Child pornography is considered any material that visually depicts:

1. A minor in a sexually explicit state of nudity; and/or
2. A minor engaging in sexual activity.

State and federal laws define child pornography as a form of child sexual exploitation—an offense that entails harsh consequences if convicted.

Is Child Pornography a Felony?

There are varying tiers of child pornography offenses that differ in definition and severity of penalties. Offenses are classified as first-degree, second-degree, or third-degree felonies under South Carolina law.

Third-Degree Sexual Exploitation of a Minor

South Carolina Code §16-15-410 dictates that a person in possession of child pornography can be charged with a third-degree felony.

This offense does not carry minimum sentencing requirements; however, possession of child pornography is punishable by up to 10 years in prison.

Second-Degree Sexual Exploitation of a Minor

Under South Carolina Code §16-15-405, a person who participates in the dissemination or reproduction of child pornography can be charged with a second-degree felony.

This offense carries a minimum prison sentence of 2 years upon conviction, but is punishable by up to 10 years in prison.

First-Degree Sexual Exploitation of a Minor

South Carolina Code §16-15-395 specifies that a person who participates in the production of child pornography can be charged with a first-degree felony.

This offense carries a minimum prison sentence of 3 years, but is punishable by up to 20 years in prison.

Penalties for Child Pornography Conviction

In addition to prison time, those convicted of possessing, distributing, or producing child pornography are considered felons. A felony conviction can result in lifelong consequences, including (but not limited to):

• Loss of voting rights
• Inability to own or use a firearm
• Trouble finding and retaining employment
• Difficulties securing safe and affordable housing
• Inability to travel out of state without permission
• Revocation of professional licenses

Often, one of the more jarring consequences of a child pornography conviction is the requirement to register as a sex offender. As you can imagine, the repercussions of being listed in South Carolina’s permanent sex offender registry are lifelong. Not only can harmful stigmas erode your reputation and relationships, but they can severely impact your career and overall employability.

Legal Defenses Against Child Pornography

If you find yourself facing charges for child pornography or other sex crime that involves a minor, it’s absolutely vital to seek support from an experienced criminal defense attorney.

Forfeiting your right to legal representation can be the equivalent of forfeiting your future, as the lasting consequences of a sex crime conviction can be far more costly than fines or jail time. In addition to strengthening your case with sufficient evidence, a skilled defense lawyer can help determine the best legal strategy to defend your rights and obtain a favorable outcome in court.

Consider these common legal defenses for possessing, distributing, or producing child pornography:

• Unintentional possession. This strategy argues that you weren't aware of child pornography or that the material doesn't belong to you. This can be the case in the instance of shared computers, laptops, and other devices. It may also be the result of unsecured network use.
• Illegal search and seizure. This defense argues that law enforcement didn't adhere to legal guidelines when obtaining illicit material. If a police officer made an error that violated your Fourth Amendment rights, the evidence obtained may be dismissed from the criminal proceedings.
• Entrapment. This strategy argues that you were forced or coerced to engage in the illicit activity by undercover law enforcement during a sting operation. The foundation of this argument rests on the fact that you are a normally law-abiding citizen who wouldn’t have committed the crime under ordinary circumstances.
• Adult depiction. If you can prove that the alleged minor in the material was actually 18 or older, this can be a valid defense to get the charges dropped and avoid a conviction.
• Good faith destruction. This strategy is only relevant if there are 3 or less depictions (photographs, videos, or other visual materials) of child pornography. It entails that you deleted or reported the illicit material “in good faith” to law enforcement.
• Substantial assistance. This defense negotiates reduced or suspended criminal charges in return for your willingness to help the prosecution identify and arrest other individuals involved in child pornography.

Our Firm Is Here to Restore Your Freedom

If you’ve been accused of a crime, it’s essential to have the right legal team in your corner. An experienced criminal defense attorney can give you the fighting chance you deserve in court.

Our hardworking team at the Law Office of James R. Snell, Jr., LLC understands how overwhelming it can be to face criminal charges. Whether your actions were misinterpreted or you made an honest mistake, we're here to ensure that your voice is heard loud and clear in the courtroom.

We know that many of our clients are good people who are very deserving of a second chance, which is exactly why we’re committed to fighting on their behalf. When you partner with our firm, you’re partnering with criminal defense lawyers who possess the knowledge and skill to prevent the unthinkable from happening. If you’ve been accused of a crime in South Carolina, don’t wait to take action.

Our firm has a proven track record defending the accused in SC and offers same-day consultations for your convenience. Call (803) 359-3301 or contact us online to discuss your case with an experienced criminal defense lawyer.