Top Five Questions About Sexual Exploitation of a Minor Charges in South Carolina

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 of children, now commonly known as Child Sexual Abuse Material (CSAM). This is a serious crime that is 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 arise from allegations that someone uploaded or possessed photos or videos that they took from the Internet.

Law enforcement agencies are automatically notified by internet companies (such as Facebook or Google) when their systems detect that someone has downloaded or saved these materials. Law enforcement then identifies the specific person responsible for that account and obtains a search warrant to seize their computers, hard drives, phones, and other devices.

2. What are the differences between first, second, and third degree charges?

The seriousness of the charge determines the possible penalties, which are divided into three degrees:

• 1st degree: Creating illegal images or videos.
  Punishment: 2-20 years imprisonment.

• 2nd degree: Distributing illegal images or videos.
  Punishment: 2-10 years imprisonment.

• 3rd degree: Involves the possession of illegal images or videos.
  Punishment: 0-10 years imprisonment.

In addition to the prison sentences, anyone found guilty of these charges must also register as a sex offender.

3. Will I definitely go to jail if I am charged?

Not necessarily. While many individuals accused of sexual exploitation of a minor do receive a prison sentence, there are situations where alternative outcomes are possible. For example, a second-degree charge may be reduced to make probation an option. Additionally, if there is insufficient evidence, charges may be dropped or a court may find the accused not guilty.

4. What should you do if you are under investigation but have not yet been arrested?

If you suspect that you are being investigated for involvement with illegal images or videos of children, it is crucial to consult a lawyer immediately. Avoid discussing the situation with anyone, especially the police. Early intervention by a criminal defense attorney can have a significant impact on the outcome, and provide 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 serious crime that can result in significant prison time and mandatory sex offender registration. The potential outcomes vary greatly and an experienced attorney can make a big difference in the outcome of your case.

At the law office of James R. Snell, Jr., LLC, we represent individuals throughout South Carolina who are accused of minor sexual exploitation. We utilize detectives, expert psychologists, and sophisticated criminal defense strategies to advocate for our clients. Our goal is to help our clients achieve the best possible outcome for their case, whether that is a dismissal or a favorable reduction.

Disclaimer:While this website provides information about possible outcomes and cases, please be aware that past results are no guarantee of similar outcomes in future cases.