Sexting has become a common way for teens and adults to communicate in today’s digital world. But what many people don’t realize is that sending or receiving explicit images or conversations involving minors—even consensually—can lead to serious felony charges in South Carolina, including Sexual Exploitation of a Minor and Criminal Solicitation of a Minor.
If you or your child is being investigated or has been charged in connection with sexting, it’s critical to understand what the law says and how these cases are prosecuted.
How South Carolina Law Defines Sexual Exploitation of a Minor
Under South Carolina law, Sexual Exploitation of a Minor can be charged in three degrees, depending on the type of conduct involved:
Third Degree (§16-15-410) involves possessing material that visually depicts a minor engaged in sexual activity, such as having an explicit photo of someone under 18 on a phone.
Second Degree (§16-15-405) involves distributing or creating such material, for example, sending or forwarding the image.
First Degree (§16-15-395) involves producing or coercing a minor into sexual performances for the purpose of visual representation.
Even consensual sexting between two high school students can result in felony charges.
What Is Criminal Solicitation of a Minor?
In addition to exploitation charges, sexting cases often lead to charges of Criminal Solicitation of a Minor under §16-15-342 of the South Carolina Code.
This offense occurs when someone knowingly contacts or communicates with a person believed to be under the age of 18, with the intent to engage in or facilitate sexual activity. No actual meeting or exchange of photos has to take place—merely suggesting or encouraging sexual conduct through messages, texts, or apps can result in prosecution.
Criminal solicitation cases often stem from text conversations with someone who identifies as underage, law enforcement sting operations using undercover officers posing as minors, or social media messaging that includes sexual overtones or requests for photos.
The law does not require the alleged minor to be real—just that the defendant believed they were underage. This means people can face felony charges based solely on text-based conversations, even if the recipient was actually an adult officer working undercover.
Criminal Solicitation of a Minor is a Class D felony in South Carolina, carrying up to 10 years in prison and a permanent criminal record.
Mandatory Sex Offender Registry for Sexting-Related Convictions
One of the most devastating consequences of being convicted of either Sexual Exploitation of a Minor or Criminal Solicitation of a Minor in South Carolina is mandatory placement on the sex offender registry. Under South Carolina law, any conviction for these offenses requires the court to order the individual to register as a sex offender, regardless of age or the circumstances of the case.
There is no discretion for the judge to waive this requirement, and there is no exception for consensual behavior between teenagers. Being placed on the registry can severely limit where someone can live, work, or attend school. It also requires regular check-ins with law enforcement and results in the individual’s photo and charges being made publicly available online.
For many, being labeled a sex offender for life causes far more damage than the underlying allegations. That’s why it’s essential to work with an experienced defense attorney who understands the stakes and will pursue every available option to avoid conviction or mandatory registration.
Common Sexting Scenarios That Lead to Arrest
These cases frequently arise when a teen takes and sends an explicit image of themselves to a boyfriend or girlfriend, a recipient of a photo forwards it to others in a group chat or on social media, an adult receives an explicit image from someone who turns out to be underage, or a person engages in sexual conversation with someone claiming to be a teen online.
In each case, even if no one intended harm or exploitation, law enforcement may still initiate charges under South Carolina’s sexual exploitation or solicitation statutes. These charges carry harsh penalties, including prison time, mandatory sex offender registration, and lifelong consequences.
Is Sexting Always Illegal Between Teens?
Technically, yes—if the content meets the legal definitions under the law. There is no age-based defense that permits minors to possess or share sexual images of themselves or others, even if everyone involved is close in age and the communication was consensual. Other situations can arise when the pictures were sent while everyone was a minor, but if those pictures were kept stored on a device it can result in charges even years later.
This often leads to unjust outcomes where a young person is branded as a felon or sex offender for behavior that was immature or misguided, but not malicious.
What Happens During a Sexting or Solicitation Investigation?
Police often begin an investigation when a parent reports finding images or messages on a phone, a school official is notified by a student or teacher, a third party reports explicit content or online communications, or law enforcement conducts an online sting operation.
Investigators may seize phones, subpoena online accounts, and conduct interviews, sometimes without parental notification in the case of minors. Prosecutors will then determine which charges—if any—are appropriate, and whether they involve sexual exploitation, solicitation, or both.
In many cases, especially involving young or first-time offenders, our office may be able to negotiate reduced charges, pre-trial intervention (PTI), or alternative outcomes that avoid prison and protect future opportunities.
James R. Snell, Jr., Defends Those Accused of Sexting and Solicitation
Attorney James R. Snell, Jr., has experience defending both adults and juveniles charged with sex-related crimes stemming from digital communication, social media use, and sting operations. He understands the tactics police use in these investigations and how to challenge overbroad or unfair prosecutions.
If you or a family member is under investigation or charged with solicitation or sexual exploitation, do not delay. The sooner you involve an experienced criminal defense attorney, the more options you may have to protect your record and your future. It's a good idea to not make any statements to law enforcement or consent to any examination of your phone or other devices until you've first consulted with a lawyer. To schedule a free consultation with our office call (803) 359-3301.