South Carolina Internet Child Pornography Attorney
Our Child Pornography defense lawyers want you to know that in South Carolina, Internet Child Pornography conviction can have lasting implications to your private and professional life, it is important to involve our experienced South Carolina Child Pornography defense lawyers early on and protect your rights.
Distribution and possession of Internet child pornography is a growing area of criminal prosecution, both in South Carolina state and federal courts. Finding a defense attorney who understands the appropriate legal defenses of Internet sex crimes is essential to ensure the fullest protection of your rights and privacy.
Criminal Sexual Exploitation of a Minor (Child Pornography)
Depending on whether you are in possession of Child Pornography or if you facilitate a minor’s engagement in sexual activity, you could face charges for sexual exploitation. There are many factors that play a role and impact the severity of charges you receive, including the number of Child Pornography videos and pictures depicting child pornography in your possession, or if you are facing Federal Sex Crime Charges. The mistake of age is not a defense to this particular crime.
Criminal Sexual Exploitation of a Minor Offenses:
- First-degree sexual exploitation of a minor:
- The accused knew the content of the material or performance; AND
- The accused used, employed, induced, coerced, encouraged, or facilitated a minor to engage in sexual activity for a live performance or to produce material that contains a visual representation depicting sexual activity; AND
- the accused permitted a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; AND
- the accused transported or financed the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; OR
- That the accused recorded, photographed, filmed, developed, duplicated, produced, or created a digital electronic file for sale or monetary gain material containing a visual representation depicting a minor engaged in sexual activity.
- Second-degree sexual exploitation of a minor:
- The accused knew the content of the material or performance; AND
- The accused recorded, photographed, filmed, developed, duplicated, produced, or created digital electronic file material containing a visual representation depicting a minor engaged in sexual activity; OR
- The accused distributed, transported, exhibited, received, sold, purchased, exchanged, or solicited material that contains a visual representation depicting this activity.
- Third-degree sexual exploitation of a minor:
- The accused knew the content of the material or performance; AND
- The accused possessed material that contains a visual representation depicting the sexual activity.
-
Penalties for Criminal Sexual Exploitation of a Minor
- First-degree criminal sexual exploitation: 3-20 years in prison
- Second-degree criminal sexual exploitation: 2-10 years in prison
- Third-degree criminal sexual exploitation: up to 10 years in prison
Disseminating, Obtaining, or Promoting Material
It is unlawful for any person to knowingly disseminate obscenity. Any material is deemed obscene if it meets one of the following standards:
- The material depicts or describes in a patently offensive way sexual conduct; AND
- The average person, applying contemporary community standards, relating to the depiction or description of sexual conduct would find that the material taken as whole appeals to the lewd interest in sex; AND
- To a reasonable person, the material taken as a whole lacks serious literary, artistic, political, or scientific value; AND
- The material as used is not otherwise protected or privileged under the Constitution of the United States or of this State.
Penalties for Disseminating Obscene Material
A person convicted of disseminating obscene material(child pornography) is guilty of a felony and faces a maximum of 5 years imprisonment, and/or fined a max of $10,000.
Call the Strom Law Firm, LLC For a FREE Criminal Defense Consultation
If you or a loved one have been charged with Internet Child Pornography, you should be concerned about professional and private future. Child Pornography can be complex and intimidating, so it is important that you find legal representation as soon as possible. We know how the system works and will work to achieve the best possible outcome for your case. Contact the Strom Law Firm today 803-252-4800 for a free consultation to discuss your charges and how we can help. We are located in Barrister Hall 6923 N. Trenholm Rd, Columbia SC 29206-1707
