What Is Sexual Exploitation of a Minor in South Carolina?

Sexual exploitation of a minor is a serious criminal offense. A conviction can result in prison time, substantial fines, and mandatory registration in the sex offender registry, making strong legal representation a top priority to clear your name and avoid life-altering consequences.

Preparing for criminal proceedings can be overwhelming. Stepping into the courtroom as the defendant can make it all too easy to feel intimidated, outnumbered, and unsupported by people around you. Fortunately, an experienced criminal defense attorney can stand by your side as they work to restore your reputation and freedom.

With an increase in public attention surrounding this issue, you may feel compelled to learn more about the specifics of what constitutes sexual exploitation of a minor in South Carolina—and you’ve come to the right place.

Keep reading for an in-depth look at South Carolina law and how you can protect your rights if charged with a sex crime.

What Counts as Child Sexual Abuse Materials (CSAM)?

While sexually explicit materials involving minors were initially known as child pornography, numerous organizations have pushed to identify such items as child sexual abuse materials.

Child sexual abuse materials (CSAM) are defined as any visual depiction of sexually explicit conduct involving a minor (a person under the age of 18). CSAM can include visual depictions in various mediums, from images to video footage to audio recordings.

While the term “child pornography” is still used on occasion, many are working to eliminate it. The original name is considered an inaccurate reflection of such materials, as a child is never capable of consenting to the production or distribution of child pornographic materials.

The possession, dissemination, or production of CSAM is a crime. Offenders may be charged with sexual exploitation of a minor.

Is Sexual Exploitation of a Minor a Felony?

Yes. Under South Carolina law, sexual exploitation of a minor is a felony offense that can result in life-changing penalties. The offense is classified under one of three degrees, all of which involve the possession, dissemination, or exhibition of child sexual abuse materials (CSAM).

The varying penalties for sexual exploitation of a minor in the first, second, and third degree are detailed below:

First-Degree Sexual Exploitation of a Minor

Under S.C. Code of Laws §16-15-395, sexual exploitation of a minor in the first degree entails an individual who:

• Uses, employs, induces, coerces, encourages, or facilitates a minor to engage in (or assist others to engage in) sexual activity;
• Permits a minor under their custody or control to engage in sexual activity;
• Transports or finances the transportation of a minor through or across the state with the intent that the minor engage in sexual activity; or
• Records, photographs, films, develops, duplicates, produces, or creates a digital electronic file for sale or pecuniary gain material that contains visual sexually explicit material of a minor.

It’s important to understand that mistake of age is not an acceptable defense to sexual exploitation of a minor in the first degree. A felony conviction is punishable by 3-20 years in prison.

Second-Degree Sexual Exploitation of a Minor

Under S.C. Code of Laws §16-15-405, sexual exploitation of a minor in the second degree entails an individual who:

• Records, photographs, films, develops, duplicates, produces, or creates digital electronic file material; or
• Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.

Similarly to the aforementioned first-degree offense, mistake of age isn't an adequate defense for offenders charged with sexual exploitation of a minor in the second degree. A felony conviction is punishable by 2-10 years in prison.

Third-Degree Sexual Exploitation of a Minor

Under S.C. Code of Laws §16-15-410, sexual exploitation of a minor in the third degree entails an individual who:

• Possesses material that contains a visual representation of a minor engaging in sexual activity.

A felony conviction is punishable by up to 10 years in prison.

How to Defend Against Sexual Exploitation of a Minor Charges

While being charged with sexual exploitation of a minor is very serious, there are ways to defend yourself. It’s wise to consult with a skilled criminal defense attorney, as they can examine the details of your case with a practiced legal eye to determine how to obtain a favorable outcome in court.

Common legal defenses against offenses entailing sexual exploitation of a minor include (but aren’t limited to):

Unintentional Possession

This strategy argues that the defendant 1) didn't intend to have CSAM, or 2) the illegal materials don't belong to them. In other words, there is evidence that the offender was unaware that such materials existed.

This defense can be effective in the event that an unsecured or shared network allowed an unidentified party to download CSAM on the defendant’s computer without their knowledge. It may also be used in the case that a vengeful third party attempts to frame the defendant to fulfill ulterior motives.

Keep in mind that claiming the defendant viewed CSAM isn’t enough to warrant a conviction; rather, it’s up to the prosecution to prove that the defendant took affirmative action to save or possess CSAM.

Accidental Possession

Similarly to the strategy above, accidental possession can defend against sexual exploitation of a minor charges by arguing that the defendant lacked any knowledge that they were in possession of CSAM.

This is often used in the event that the defendant’s computer or electronic device contracted a virus, malware, spam, or other input with their consent or awareness, making this a valid legal defense under appropriate circumstances.

Illegal Search & Seizure

If the defendant’s constitutional rights were violated at any point during the criminal process, this can be sufficient cause to reduce or dismiss charges and/or negotiate the severity of penalties. One of the most common constitutional violations in criminal law entails infringing on a person’s Fourth Amendment rights.

In some cases, police officers can make procedural errors that result in an illegal search or seizure. If this occurs, illegally seized evidence will be declared inadmissible in court, often leading to reduced or dropped charges for the defendant.

Entrapment

Entrapment, also known as a sting operation, occurs when a law enforcement official tricks someone into committing a crime to secure their prosecution. This defense is often effective in the event that an undercover officer induced or coerced the defendant to commit a crime that they wouldn’t have done otherwise.

Keep in mind that to successfully employ this legal strategy in court, the defendant must collaborate with their lawyer to prove that the defendant is a normally law-abiding citizen who wouldn’t have engaged in illegal activities otherwise. As you may imagine, this can be difficult if the defendant has prior offenses on their criminal record.

It’s always wise to seek support from a qualified criminal defense lawyer who can recommend the most effective legal strategy to employ on your behalf.

Fierce Defense for the Accused in Lexington, SC & Beyond

In South Carolina, penalties for possessing, distributing, or producing child sexual abuse materials are harsh and life-changing. If you’ve been charged with sexual exploitation of a minor in the first, second, or third degree, you need an experienced criminal defense lawyer on your side to help fight the charges and defend your rights.

At the Law Office of James R. Snell, Jr., we have decades of experience handling these types of cases and can help you build a strong defense. Since 2004, our passionate legal team has successfully handled thousands of criminal defense cases for our clients throughout South Carolina. From sex crimes to DUI defense to violent crimes, Attorney James R. Snell, Jr. has extensive experience and a proven track record of success in South Carolina courts.

If you’ve been charged with a crime, turn to a trusted criminal defense firm with an in-depth understanding of criminal law. Contact our office today to learn how we can help. We offer free same-day consultations for your convenience.

If you or a loved one has been charged with sexual exploitation of a minor in South Carolina, it’s imperative to consult with a skilled defense attorney to protect your future. Call (803) 359-3301 to schedule a free consultation.