How ICAC Investigations Work
The ICAC Task Force uses two primary strategies to detect and investigate crimes.
First, they operate undercover sting operations, where law enforcement officers pose online as minors. These officers engage in chats, text messages, or social media interactions with adults who are suspected of trying to solicit sexual activity from a minor. When a suspect agrees to meet in person or sends inappropriate material, ICAC moves in to make an arrest.
Second, ICAC responds to cyber tips submitted by technology companies such as Google, Facebook, Instagram, Kik, and others. These companies are required under federal law to report any suspected child exploitation material or unlawful communications they detect on their platforms. Those reports are reviewed and assigned to South Carolina investigators, who may use them to initiate search warrants, seize devices, and make arrests.
Background on the ICAC Program
The Internet Crimes Against Children Task Force was established in 1998 by the U.S. Department of Justice to address the growing problem of online child exploitation. Today, there are 61 regional task forces across the United States involving over 5,400 federal, state, and local law enforcement agencies. Nationwide, ICAC Task Forces have reviewed over one million complaints, resulting in more than 123,000 arrests since the program began. This coordinated effort provides local law enforcement in South Carolina with the resources and expertise needed to investigate these complex cases.
Common Charges From ICAC Investigations
ICAC investigations frequently lead to serious criminal charges in South Carolina. These can include Criminal Solicitation of a Minor, which involves attempting to persuade, entice, or coerce someone under 18 to engage in sexual activity. Sexual Exploitation of a Minor involves possessing, distributing, or producing child pornography. Disseminating Obscene Materials to a Minor includes sending sexually explicit images, videos, or messages to someone under 18.
These charges often carry significant penalties, including mandatory prison time and placement on the sex offender registry. Many cases are prosecuted in General Sessions Court and involve both state and federal law enforcement agencies.
Legal Defense for ICAC Charges
If you or someone you know is under investigation or has been charged as a result of an ICAC operation in South Carolina, it is critical to seek experienced legal counsel immediately. Law enforcement uses sophisticated technology and investigative techniques, but there may be defenses available based on how evidence was obtained, issues with search warrants, or whether entrapment occurred during a sting operation.
Attorney James R. Snell, Jr. has extensive experience defending clients accused of Internet-related offenses and can help you understand your rights and options. South Carolina ICAC cases are prosecuted by the Attorney General's office, working out of an office in Lexington, South Carolina. This means that if you are charged with an Internet Crime, your prosecutor is not affiliated with your local prosecutor's office, but instead is based out of Lexington. For example, if you are facing a sexual exploitation of a minor charge in Charleston, your prosecutor is in Lexington. Prosecutors have significantly authority in these cases, as they are normally the only ones who can dismiss or reduce charges prior to a trial.
An Investigation Doesn't Mean Automatic Guilt
Many times individuals first learn that they are under an ICAC related investigation when law enforcement shows up at their home with a search warrant. Investigators and police officers may arrive in a large group, as a show of force (often with long rifles and SWAT team looking gear). They are there to try to conduct surprise interrogations and seize electronic devices. If you've been the subject of a ICAC search warrant, this doesn't mean you are definitely going to be arrested or are automatically guilty. Contact our office for a free consultation to learn your rights and the steps you can take to protect your rights and minimize the chances of an arrest or conviction.
Contact Our Office
The Law Office of James R. Snell, Jr., LLC represents individuals facing charges from ICAC investigations throughout South Carolina. To schedule a confidential consultation, call us today at (803) 359-3301. We're centrally located in downtown Lexington, South Carolina, and represent clients facing ICAC related charges throughout South Carolina.