In today’s digital age, images and videos can be created and distributed in seconds. When those images involve minors in sexual contexts, South Carolina law treats the conduct as sexual exploitation of a minor. These charges expose people to serious felony penalties and life‑altering consequences. Understanding what the law considers “sexual exploitation” can help you make informed decisions and, if you’re under investigation, protect your rights.
Everyone charged with any level of sexual exploitation, even if they have no prior criminal history, is at risk of a felony conviction, prison time and sex offender registration.
How South Carolina Defines Sexual Exploitation of a Minor
South Carolina divides sexual exploitation of a minor into three degrees based on the accused conduct. Each degree is a separate felony. The crimes are prosecuted statewide by the South Carolina Attorney General’s Office in Lexington. Regardless of whether you are arrested in Greenville, Horry, Charleston, Beaufort, Spartanburg, Richland, Lexington or another county, your case will be handled by prosecutors from Lexington, making these truly statewide offenses.
First‑Degree Sexual Exploitation of a Minor
First‑degree sexual exploitation is the most serious. It involves using, employing or coercing a minor to engage in sexual activity or appear nude for the purpose of producing images or live performances for sexual stimulation. It can also include filming or photographing a child for sale or profit. People convicted face a mandatory minimum prison term of three years and up to twenty years. Each count carries a separate sentence that must be served consecutively. Mistake of the child’s age is not a defense.
Second‑Degree Sexual Exploitation of a Minor
This degree covers creating or distributing child pornography. The law makes it a crime to record, photograph, film, develop, duplicate or otherwise produce images or digital files depicting minors engaged in sexual conduct or appearing nude. It also outlaws distributing, transporting, selling, purchasing, exchanging or soliciting such materials. A conviction brings two to ten years in prison, and no part of the minimum term can be suspended or reduced.
Third‑Degree Sexual Exploitation of a Minor
Often referred to as possession of child pornography, third‑degree sexual exploitation occurs when someone knowingly possesses a visual representation of a minor engaged in sexual activity or depicted in sexually explicit nudity. Even saving a file on your phone or computer qualifies. It is a felony punishable by up to ten years in prison. Our firm’s Sexual Exploitation of a Minor practice page explains how these cases are charged and the elements the prosecution must prove.
Examples of Conduct That May Lead to Charges
While the statutes are technical, some common scenarios can trigger investigations:
Using a smartphone or camera to take pictures or video of a minor engaged in sexual acts.
Sending or receiving images of minors through email, text, chat apps or social media.
Searching for, downloading or streaming illegal content depicting minors. Even if the file is automatically cached on your device, prosecutors may treat that as possession.
Posting or sharing links on websites, chat rooms or peer‑to‑peer networks that point to illegal images.
Allowing or encouraging a child under your control to participate in sexually explicit photos or videos.
Investigators often work closely with the Internet Crimes Against Children (ICAC) Task Force, which operates undercover sting operations and monitors online platforms. Digital forensics experts can trace file downloads, uploads and deleted data. If agents contact you, you should speak with a lawyer before making any statements.
Penalties Beyond Prison Time
Sexual exploitation convictions carry more than just prison sentences. Judges impose hefty fines, and defendants must register as sex offenders. The conviction becomes part of your permanent record, affecting employment, housing, professional licenses, banking and immigration status. Even an arrest can lead to a bank “de‑risking” your account because of the nature of the charges.
Because these offenses fall under statewide jurisdiction, many defendants initially arrested by local police will find their cases quickly transferred to the South Carolina Attorney General’s Office in Lexington. Our firm accepts cases from every county, including those in Greenville, Horry, Charleston, Beaufort, Spartanburg, Richland and Lexington, and can help you navigate state and federal court systems.
Your Defense Starts Early
Every case is unique, and viable defenses depend on the facts. In some situations, individuals are falsely accused, or a file was inadvertently downloaded or cached. In others, law enforcement may have overreached, misidentified a minor, or obtained evidence through an illegal search. Because the penalties are severe and prosecutors aggressively pursue these cases, getting counsel early is critical.
Our attorneys have significant experience represent clients facing allegations of sexual exploitation, child pornography, computer‑crime and other sex crimes. We examine the evidence, challenge search warrants and digital forensics, and negotiate to reduce or dismiss charges whenever possible. For more information about our approach to online‑crime cases, see our child pornography offenses page and the Sex Crimes defense section of our website.
Contact an Experienced Sexual Exploitation Defense Lawyer Today
If you or a loved one has been charged with first‑, second‑ or third‑degree sexual exploitation of a minor, the time to act is now. The South Carolina Attorney General’s Office in Lexington prosecutes these cases statewide, so it’s important to work with a lawyer who understands the specific law and procedures utilized by the courts and prosecutors in these cases The Law Office of James R. Snell, Jr., LLC offers statewide representation and accepts cases in every county.
Call us at (803) 359-3301 to schedule a confidential consultation. We will review the charges, explain your rights, and develop a strategy to fight for your freedom and protect your future.