1. What is Sexual Exploitation of a Minor?
Sexual Exploitation of a Minor in South Carolina refers to the creation, distribution, or possession of illegal images or videos involving children, now commonly known as Child Sexual Abuse Material (CSAM). This is a serious felony offense prosecuted in the South Carolina Court of General Sessions, typically by a specialized team from the South Carolina Attorney General’s Office. Most of these cases originate from allegations that someone either uploaded or had possession of pictures or videos they obtained from the Internet.
Police departments are automatically notified by Internet companies (such as Facebook or Google), when their systems detect someone has downloaded or stored these materials. Police then identify the specific person responsible for that account, and then obtain a search warrant to seize their computers, hard drivers, phones, and other devices.
2. What Are the Differences Between 1st, 2nd, and 3rd Degree Charges?
The severity of the charge determines the potential penalties, which are categorized into three degrees:
1st Degree: Involves creating illegal images or videos.
Penalty: 2-20 years in prison.2nd Degree: Involves distributing illegal images or videos.
Penalty: 2-10 years in prison.3rd Degree: Involves possessing illegal images or videos.
Penalty: 0-10 years in prison.
In addition to the prison sentences, anyone convicted of these charges will be required to register as a sex offender.
3. Am I Definitely Going to Prison If I Have Been Charged?
Not necessarily. While many individuals charged with sexual exploitation of a minor do face prison time, there are situations where alternative outcomes are possible. For instance, a 2nd-degree charge might be reduced to make probation an option. Additionally, if there is insufficient evidence, charges may be dismissed, or a court may find the accused not guilty.
4. What Should You Do If You Are Under Investigation but Haven’t Been Arrested Yet?
If you suspect that you are under investigation for involvement with illegal images or videos of children, it’s crucial to consult with an attorney immediately. Avoid discussing the situation with anyone, especially law enforcement. Early intervention by a criminal defense attorney can significantly impact the outcome, providing hope and the best possible defense for you and your family.
5. Do You Need a Lawyer If You Are Arrested?
Absolutely. Sexual exploitation of a minor is a grave felony that can result in substantial prison time and mandatory sex offender registration. The range of possible outcomes varies widely, and having an experienced attorney can make a significant difference in the case's result.
At the Law Office of James R. Snell, Jr., LLC, we represent individuals across South Carolina charged with Sexual Exploitation of a Minor offenses. We employ investigators, expert psychologists, and advanced criminal defense strategies to advocate for our clients. Our goal is to help our client achieve the best result for their case, whether that is a dismissal or favorable reduction.
Disclaimer: While this website provides information on potential outcomes and case examples, please note that past results do not guarantee similar outcomes in future cases.