Charleston Child Pornography Lawyer

Charges related to child pornography have such serious implications that, too often, the state and society at large rush to judgment. If you or someone you care about is facing a child pornography charge, the time to act is now. You need skilled legal guidance from a defense attorney on your side. Dayne Phillips is an experienced Charleston child pornography lawyer with the compassion and legal skills to help defend your case.

Child Porn Charges at the State and Federal Level

The State of South Carolina and the federal government take the sexual exploitation of children seriously, including charges related to child pornography. While child pornography is a general term, the federal government has adopted the more specific term of child sexual abuse material.

This shift intends to shine a light on the sexual abuse that children suffer in the creation of child pornography. Federal laws that apply across all states prohibit the creation, distribution, possession, and reception of any visual depictions of anyone under the age of 18 who is engaging in conduct that is sexually explicit.

Visual Depiction

A visual depiction in this context can take a wide range of forms, including electronic data, and it does not need to be stored in a permanent format to qualify.

Sexually Explicit Conduct

For the purposes of child pornography charges, sexually explicit conduct includes virtually any sexual act, but it does not end there. If the product depicts a lascivious exhibition of the minor’s genital area, it can be categorized as sexually explicit conduct.

Things become somewhat more challenging from here. If the depiction of sexually explicit conduct was entirely computer-generated, it can still qualify as child pornography when the content appears to depict an identifiable minor. Working with a Charleston lawyer experienced in child pornography cases could help as you navigate this complex legal territory.

What Charges Do Those Accused of Child Pornography Face?

In this state, child pornography charges break down into three separate degrees, and they are all felonies.

First-Degree Sexual Exploitation of a Minor

The most serious of these charges is first-degree sexual exploitation of a minor. This addresses the production of child pornography. A conviction carries a prison sentence of three to 20 years.

Second-Degree Sexual Exploitation of a Minor

Second-degree sexual exploitation of a minor addresses the crime of reproducing or disseminating child pornography. A conviction at this level comes with a prison sentence of two to 10 years.

Third-Degree Sexual Exploitation of a Minor

Third-degree sexual exploitation of a minor is the crime of being in possession of child pornography. A conviction carries a prison sentence of up to 10 years with no set minimum, which affords the judge considerable discretion in the matter.

Conviction under any one of these charges of sexual exploitation of a minor carries a sex offender registry requirement. It is important to note that there is no mistake-of-age defense available. A Charleston-based attorney with experience working on cases related to the sexual exploitation of minors could provide sound legal advice on how to reach the best possible outcome.

Social Implications of a Child Sexual Exploitation Conviction

Few crimes inspire as much backlash from society as sexually based offenses. When the victim is a child, it is difficult to overstate how challenging the social consequences can be. To begin, there is the sexual offender registry requirement, which makes it that much more likely that a conviction will not escape public scrutiny.

In addition to losing the respect of the community, you can also face social consequences, such as:

• Difficulty obtaining a job
• Difficulty renting a place to live
• Roadblocks to pursuing higher education
• Loss of professional licensure

If you have been charged with an alleged crime that relates to child pornography, you need the dedicated legal representation of a practiced Charleston attorney supporting you from the outset.

Reach Out to an Experienced Charleston Child Pornography Attorney for a Free Case Evaluation

Dayne Phillips is a resourceful Charleston child pornography lawyer who is committed to building a strong defense on your behalf and is ready to help you skillfully navigate the path forward toward your case’s best possible resolution. Do not leave a conviction up to chance because it can have serious, long-lasting effects on your life. The experienced Price Benowitz legal team is well-positioned to help. Do not delay contacting us today.