What Is Criminal Solicitation of a Minor in South Carolina?
Criminal solicitation of a minor is a felony offense under South Carolina law. The statute makes it illegal to knowingly communicate with a person under the age of eighteen for the purpose of persuading, inducing, enticing, or coercing that person to engage or participate in sexual activity.
These cases are often based on alleged electronic communications. Text messages, online chat rooms, social media platforms, messaging apps, and gaming chats are common sources of evidence. In many situations, the alleged minor is not an actual child at all, but a law enforcement officer posing as someone under eighteen.
There ae two situations where people are charged with this offense. These are police stings (no actual minors) and those with actual minors involved.
Police Sting Operations and Online Investigations
Across South Carolina, police departments routinely conduct undercover sting operations focused on online communications. Officers create fake profiles and pretend to be minors in chat rooms, social media platforms, or messaging applications. Their goal is to identify adults who engage in sexually oriented conversations or make plans to meet.
Many of these investigations are coordinated with the Internet Crimes Against Children Task Force. When arrests are made following a sting operation, prosecutions are frequently handled by the South Carolina Attorney General’s Office rather than a local county prosecutor. Law enforcement agencies have received specialized training and grant money to help them organize and carry out these sting operations.
It is important to understand that South Carolina law specifically states that it is not a defense that the person believed to be under eighteen was actually a law enforcement officer acting in an official capacity. In other words, the fact that no real minor was involved does not automatically prevent charges from being filed.
Cases Involving Real Minors
Some criminal solicitation cases involve actual minors rather than undercover officers. These cases are often more complex and may include additional allegations of illegal sexual conduct. When a real minor is involved, the case is commonly prosecuted by the local Solicitor’s Office at the county level rather than the Attorney General. It's not unusual for these charges to arise after the minor's parents discovery the chat history on their child's device and then report it to law enforcement.
These situations often bring heightened scrutiny and may involve multiple charges arising from the same set of allegations.
Possible Penalties and Sex Offender Registration
Criminal solicitation of a minor is a serious felony offense. A conviction can carry a possible prison sentence of up to ten years. In addition to incarceration, a conviction requires mandatory registration as a sex offender, which can impact employment, housing, family relationships, and reputation for the rest of a person’s life.
Because the consequences are so severe, these cases demand careful and strategic legal representation from the outset.
Related Charges That May Be Filed
It is not unusual for criminal solicitation of a minor to be charged alongside other offenses. Prosecutors often add additional counts based on the same alleged communications or conduct.
Common accompanying charges include attempted criminal sexual conduct when there are allegations that someone traveled or intended to travel to meet the minor, even if the meeting was part of a police sting. Distribution of obscene materials to a minor may be charged if there are allegations that explicit images were sent. Sexual exploitation of a minor may be alleged if there are claims that the individual requested explicit photographs from the minor.
Each additional charge increases potential exposure and complicates the defense strategy.
Potential Defenses in Criminal Solicitation Cases
Every case is unique, and there is no single defense that applies in all situations. However, there are several issues that frequently arise in criminal solicitation cases.
One key issue is intent. The government must prove that the communication was made for the purpose of engaging in illegal sexual activity. Another common issue involves identification. In many cases, the prosecution must prove who was actually sending the messages and that the accused was the person behind the account or device. Knowledge or belief regarding the age of the other person can also be a contested issue depending on the facts of the case. As part of the defense case, we obtain discovery materials which include chat logs, witness statements, police reports, and other relevant materials from the government. We can also conduct a separate defense oriented investigation to help locate facts or witnesses on behalf of our client.
In addition to legal defenses, there are often strategic approaches that can help reduce or resolve charges, particularly when addressed early in the process.
How Early Legal Representation Can Help
Early involvement by a criminal defense attorney can make a significant difference in how these cases unfold. Representation can begin even before an arrest is made, once someone becomes aware that they may be under investigation.
If an arrest has already occurred, legal counsel can assist with bond hearings, bond reduction requests, preliminary hearings, negotiations with prosecutors, and preparing for trial if necessary. In many cases, working proactively with the government can help limit damage and avoid the worst possible outcomes.
Our Approach to Criminal Solicitation Defense
At the Law Office of James R. Snell, Jr., LLC, we have substantial experience representing clients charged with criminal solicitation of a minor throughout South Carolina. Our work includes cases arising from police sting operations as well as cases involving real minors.
We frequently work with qualified psychologists to evaluate clients and present evidence demonstrating that they do not pose a risk of harm to minors or to the community. This approach can be an important part of negotiating resolutions and advocating for fair outcomes.
We understand the fear, embarrassment, and uncertainty that come with these allegations, and we take a thorough, strategic, and confidential approach to every case we handle.
Free Consultations and Immediate Help Available
If you or a loved one is facing allegations of criminal solicitation of a minor, or if you believe you may be under investigation, it is important to speak with an attorney as soon as possible. Early guidance can help protect your rights and avoid costly mistakes.
The Law Office of James R. Snell, Jr., LLC offers free consultations and represents clients throughout South Carolina. Same-day appointments are typically available. To schedule your appointment, call (803) 359-3301.
All cases are unique. Prior results obtained by an attorney in one matter do not indicate similar results can be obtained for other clients in other matters.