Law enforcement and prosecutors seek to reduce and ultimately eliminate child pornography in South Carolina. Any offenses related to the exploitation of a child are taken very seriously within the criminal justice system. Unfortunately, while generally well-intended, this advocacy could lead to an erroneous assumption of guilt for anyone charged with this crime.
If you face charges for child pornography, also referred to as sexual exploitation of a minor, a Beaufort child pornography lawyer could work to prove your innocence. Our seasoned criminal defense attorneys understand the enormous repercussions you face if convicted—including harm to your job, family, and reputation—and could aggressively defend you in court.
Defining Child Pornography
Under the South Carolina Code of Laws § 16-15-410, child pornography is generally a visual representation of a minor engaging in sexual activity or appearing in a condition of sexually explicit nudity when a reasonable person would conclude the purpose is sexual stimulation. Additionally, a judge or a jury may conclude that the participant in the sexual activity or a state of sexually explicit nudity is a minor based on the material’s text, title, or visual representation.
To prove a crime of creating, possessing, or distributing child pornography, state prosecutors must prove that the defendant knew the image contained explicit material involving a minor. A Beaufort attorney familiar with state laws could further explain what material might constitute child pornography.
Child Pornography Offenses
All crimes involving child pornography are felony offenses under current state law. Understanding the differences between them is essential to defend against a conviction successfully.
Third-Degree Sexual Exploitation of a Minor
Possessing child pornography falls under the category of a third-degree offense. A conviction for this crime could result in imprisonment of not more than ten years.
Second-Degree Sexual Exploitation of a Minor
Creating or distributing child pornography is classified as a second-degree offense. Creation and distribution under the S.C. Code § 16-15-430 include such actions as recording, photographing, transporting, selling, or exchanging child sexually explicit material involving a child. A convicted person faces two to ten years in jail.
First-Degree Sexual Exploitation of a Minor
This is the most severe child pornography crime. First-degree sexual exploitation of a minor occurs when a person uses, employs, coerces, or facilitates a minor to participate in sexual activity or appear in a state of sexually explicit nudity for a live performance or to produce recorded material.
A person may also be found guilty of first-degree sexual exploitation of a minor if they transport or finance the transportation of a minor through or across South Carolina, intending that the minor engage in sexual activity or sexually explicit nudity.
Under the applicable statute, a convicted offender faces a minimum jail sentence of three years and not more than twenty years. They are eligible for parole until they have served the minimum term of incarceration. It is not a defense to any of these crimes that the defendant mistook the child’s age and thought they were a legal adult.
A person convicted of sexual exploitation of a minor may be required to register as a sex offender. A knowledgeable child pornography lawyer could offer sound legal advice to anyone in Beaufort charged with these offenses.
Work With a Diligent Beaufort Child Pornography Attorney
Given the sensitive nature of any charge relating to sexual activity involving children, you need immediate assistance from a capable Beaufort child pornography lawyer if you face charges for this crime. Our firm’s experienced attorneys understand the biases you face once charged and could aggressively defend you in criminal court. Call today to discuss the details of your case with a trusted lawyer.