A child pornography conviction can lead to long periods of incarceration and severely damage your reputation. Even if you are found not guilty, false accusations can devastate your life financially, emotionally, and socially. If you are facing these serious sex crime allegations, you need an experienced attorney to advocate on your behalf.
At Adams & Bischoff, a North Charleston child pornography lawyer could help you evaluate your options and choose an appropriate strategy for your circumstances. Do not delay in seeking the aggressive representation you need for your defense.
State and Federal Child Pornography Laws
The sexual exploitation of children is a crime under both state and federal law. Each criminal code prohibits individuals from possessing, distributing, and producing child pornography. However, each legal scheme establishes distinct definitions and elements of these crimes. They also impose separate penalties for the charges, and the accused must address any indictments in each respective forum.
Facing charges in more than one jurisdiction can significantly complicate a case. Those facing child pornography charges in North Charleston should work with an experienced attorney to help navigate the legal complexities.
Federal Statutes for Child Pornography
Several sections of the United States Code address child sexual exploitation. Under 18 U.S.C. § 2251, it is illegal to employ, use, coerce, or entice a minor to engage in pornography. It is also illegal to transport a child with the intent of creating a visual depiction of them engaging in a sexual act or creating material that is graphic and lascivious (i.e., pornography). 18 U.S.C. 2252 bans the possession, transportation, receipt, or distribution of this illicit content.
The U.S. Code defines many key terms in 18 U.S.C. § 2256. For example, “visual depictions” refer to much more than pictures and videos. It also includes stored electronic data that is not in a permanent format but could be converted into an image.
The penalties for first-time offenders range from five to thirty years in prison. If a person has prior child pornography convictions, or if their actions involve aggravating circumstances such as violence, they may face a life sentence.
Child Pornography Laws in North Charleston
South Carolina law categorizes the sexual exploitation of children as a felony, with prison time increasing depending on the magnitude of the offense. Possession of child pornography starts as a third-degree felony crime, for which the South Carolina Code of Laws, Section 16-15-410 imposes a maximum prison term of ten years.
Second-degree sexual exploitation of a minor focuses on the creation and distribution of child pornography. Various actions involving illicit material are illegal under S.C. Code § 16-15-405, including:
- Photographing
- Videoing
- Recording
- Duplicating
- Distributing
- Exhibiting
- Selling
- Soliciting
If convicted of a second-degree offense, perpetrators must serve a minimum of two years and up to ten years in prison.
Encouraging, enticing, transporting, or facilitating a minor’s participation in pornography is a first-degree felony under S.C. Code § 16-15-410. The sentence for this crime is three to 20 years of incarceration.
Defenses to Child Pornography Allegations
During plea negotiations and at trial, defendants may raise questions about the prosecution’s case and introduce defenses. An individual’s ignorance or mistaken understanding of a child’s age is not an excuse for these criminal charges, but evidence of the following may undermine the government’s case:
- There was no minor involved
- Possession of the material was unintended or accidental
- The material was promptly destroyed
- The defendant reported the material to authorities in a timely manner
- The case involved entrapment
- There was an illegal search and seizure
Crafting an effective defense in child pornography cases is difficult without skilled legal assistance. By working with a dedicated local attorney who understands the child pornography laws in South Charleston, a defendant may have a better chance of a positive outcome.
Retain a North Charleston Child Pornography Lawyer
When facing child pornography charges, your reputation and freedom are at stake. These allegations could follow you for the rest of your life if you do not aggressively combat them with help from a North Charleston child pornography lawyer.
At Adams & Bischoff, our attorneys understand the risks you face and know how to fight these charges in federal and state court. Reach out to our firm today to begin building a strong defense.