Alexa

State Internet Child Pornography

South Carolina 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 porn 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 amount of videos and pictures depicting child pornography in your possession, or if your case is federally prosecuted.  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 for the purpose of producing 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 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 a 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 Constitutions of the United States or of this State.

Penalties for Disseminating Obscene Material

A person convicted of disseminating obscene material 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 charged with a sex crime,  you should be concerned about professional and private future. Criminal charges 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. 

BestLawyers.comAVBetter Business Bureau