South Carolina Child Pornography Lawyer

As with any sex crime, child pornography crimes are taken very seriously by state prosecutors. Both state and federal law prohibit the creation, possession, and distribution of child pornography. This means that in some cases, those charged with a child pornography crime face a federal charge instead of a state charge. The penalties upon conviction for a child pornography crime are severe and may include years in prison. Those convicted of a federal child pornography charge may also be required to pay restitution to the victim.

In addition to the legal penalties, conviction on a child pornography charge can ruin a person’s life. Most employers will not hire someone convicted of a sex crime. Moreover, the damage to a person’s reputation after conviction is often irreparable.

Given these high stakes, it is important to call an experienced criminal defense attorney right away if you have been charged. Contacting a South Carolina child pornography lawyer is often the best step you can take to avoid a conviction. Call today to get started.

Child Pornography Charges in South Carolina

There are multiple crimes related to child pornography defined by both state law and federal law. The most common child pornography charges in South Carolina involve:

  • Creation or distribution of child pornography (sexual exploitation of a minor in the 2nd degree)
  • Possession of child pornography (sexual exploitation of a minor in the 3rd degree)

All crimes related to child pornography are felonies, which means they are punishable by time in prison. Additionally, those convicted of any of these crimes could be required to register as a sex offender. A qualified South Carolina child pornography lawyer may be able to offer valuable guidance if charged with this offense.

Possession of Child Pornography Charges

South Carolina Code Section 16-15-410 states that anyone who possesses material that contains a visual representation of a minor engaging in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation is guilty of sexual exploitation of a minor.

Anyone found in possession of child pornography for any reason could face a criminal charge. This is true even if the person found in possession is a child themselves. For example, if a minor child takes an explicit photograph of themselves and another minor engaged in a sexual act, they could face a child pornography possession charge. Prosecutors must prove the accused knew the image allegedly possessed contained explicit content involving a minor. Speak with a South Carolina child pornography lawyer to learn more.

Distribution of Child Pornography Charges

Similarly, those found distributing child pornography for any reason could face a criminal charge. Using the above example, if that minor took an explicit photograph of themselves, and then sent that photo to somebody else (such as their boyfriend or their girlfriend) they could face a criminal charge for distribution. According to South Carolina Code Section 16-15-405, anyone who in any way distributes sexually explicit images of a minor could face up to between 2 and 10 years in prison.

Even if the person accused of distributing the child pornography did not do so with malicious intent, they have still violated the law. For example, someone may share an explicit video showing a minor engage in the sex act as a way to warn somebody about such content. However, state law is very clear when it comes to creating, processing, or distributing child pornography. Anyone found doing so could face a criminal charge.

Contact a South Carolina Child Pornography Attorney Today

If you are facing a child pornography charge, contact a lawyer immediately. Given the sensitive nature of these charges, the system may be biased against those facing them. You need an attorney on your side that can defend you against these charges while protecting your right to a fair trial. Call a South Carolina child pornography lawyer now to discuss your case.