Being investigated or arrested for Sexual Exploitation of a Minor is a serious and life-altering event. South Carolina laws are strict on offenses involving minors, and these charges carry significant legal, personal, and professional consequences. Whether you're under investigation or have already been charged, it's critical to understand your situation and your rights.
Understanding the Charges
Sexual Exploitation of a Minor typically involves the possession, distribution, or creation of sexually explicit images or videos of individuals under the age of 18. In South Carolina, these offenses are divided into three degrees:
- First Degree: Involves creating or directing sexual performances or material involving a minor.
- Second Degree: Involves duplicating, distributing, or publishing sexually explicit material of a minor.
- Third Degree: Involves possession of such material.
Each degree has its own penalties, but all are felonies and can result in significant prison time, fines, and a lifetime requirement to register as a sex offender.
Potential Consequences
The consequences of a conviction extend far beyond the courtroom:
- Prison Time: Depending on the degree of the offense, penalties range from several years to decades in prison.
- Sex Offender Registration: A conviction will require you to register as a sex offender, affecting where you can live, work, and travel.
- Personal and Professional Fallout: Allegations alone can damage your reputation, relationships, and career opportunities, even if you’re ultimately acquitted.
What to Do if You’re Under Investigation or Arrested
If you’re facing an investigation or arrest, taking the right steps can significantly impact the outcome of your case:
Do Not Speak to Law Enforcement Without an Attorney
Law enforcement may try to question you to gather evidence against you. Politely decline to answer questions without legal representation. Let the police know you want an attorney. Anything you say can and will be used against you.Avoid Discussing Your Case With Anyone
Keep details of your case private. Even well-meaning conversations with friends or family can harm your defense if those statements are later used against you in court.Hire an Experienced Attorney Immediately
An attorney skilled in handling sexual exploitation cases can evaluate the evidence against you, challenge improper procedures, and build a strong defense. Legal representation is crucial for protecting your rights and minimizing the impact of these charges.
Common Defense Strategies
Every case is unique, but there are several common defense strategies that may apply:
- Unlawful Search and Seizure: Evidence obtained through improper methods can be suppressed.
- Lack of Knowledge or Intent: If you weren’t aware of the material or didn’t intentionally possess it, this can be a defense. Accidental downloading or possession is a defense.
- Mistaken Identity: If someone else accessed the material using your device, this can be argued in your defense.
- Insufficient Evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. Weak or circumstantial evidence may lead to reduced charges or dismissal.
Why Acting Quickly Matters
Sexual exploitation cases move quickly and require a proactive defense. Waiting to take action can limit your attorney’s ability to protect you effectively. From negotiating with prosecutors to challenging evidence, early intervention is key. We recommend that anyone who believes that they are being investigated or have been charged in these situations contact us immediately for a free case evaluation.