Recently, attorney James Snell invited Alan Wilson, Attorney General for South Carolina, to speak to area criminal defense attorneys and prosecutors (Mr. Snell volunteers to assist the Lexington County Bar Association schedule Continuing Legal Education programs for area attorneys). The topic he was asked to speak on was the Internet Crimes Against Children Task Force (ICAC).
ICAC is a national task force comprised of federal, state, and local law enforcement and prosecuting agencies. The South Carolina Attorney General's office participates in ICAC, and almost exclusively prosecutes state-court child pornography charges.
One of the big takeaways from the presentation is that the term child pornography is now considered out of favor. This is because it is not considered to fully and accurately describe what the materials actually are, which is evidence of child sexual abuse. The new term being implemented, both in South Carolina and nationally, is Child Sexual Abuse Materials. This may be shortened to the abbreviation CSAM.
We Can Help With Your CSAM Case
South Carolina's law against CSAM is called sexual exploitation of a minor. There are three degrees, 3rd, 2nd and 1st. Generally, the charges can be thought of as follows:
- 3rd degree is for simply possession
- 2nd degree is for distribution or transferring
- 1st degree is for creating the materials
All 2nd and 1st-degree charges carry mandatory prison time. The only way prison time is avoided is if the charges are reduced or dismissed.
Most CSAM prosecutions are now being handled in state court, although the federal court retains concurrent jurisdiction and some cases may be chosen to be prosecuted in federal court.
If you or a loved one is facing on of these charges you are welcome to contact our office for a free case evaluation. We have extensive experience in defending these charges and are able to assist our clients in fighting against jail or prison time, or even for a total dismissal. We regularly work closely with expert investigators or psychologists, to make sure that we are able to give both the prosecutor and the court the best portrayal of our client's circumstance.