Many of South Carolina’s criminal laws exist to protect the most vulnerable members of society, particularly children. In fact, many of the most severe penalties existing under the criminal code relate to the alleged abuse or exploitation of kids, especially those that are considered sex crimes.
A clear example of this dynamic is the laws that prohibit the possession, distribution, or creation of child pornography. A person who knowingly possesses even a single instance of this material is committing a felony and might face a lengthy prison sentence. Even more concerning are allegations that a person has participated in the creation of this paraphernalia. A Columbia child pornography lawyer might be able to help you present a persuasive defense against these serious charges.
Child pornography is contraband in the eyes of law enforcement. This means that just having this item in one’s possession is illegal under most circumstances. According to South Carolina Code § 16-15-410, a person commits this offense if they have a single example of this material in their possession and they know that it depicts a person under the age of 18. Convictions under this statute are felonies that can bring a prison sentence of up to ten years.
While the law does punish people who possess child pornography, it is even harsher concerning the creation or distribution of this material. SC Code § 16-15-405 allows for a mandatory minimum prison sentence of two years, up to a maximum of ten, if a person records, films, duplicates, or distributes child pornography.
The most serious child pornography offenses relate to the activity of enticing, forcing, or otherwise allowing a child to participate in these activities. Under SC Code § 16-15-395, convictions bring a mandatory minimum sentence of three years, up to a maximum of 20 years. A Columbia child pornography attorney could provide legal advice regarding how a person should respond to these allegations.
It is vital to remember that a prosecutor must prove beyond a reasonable doubt that the material that a person possessed qualifies as child pornography under the law. Universally, the criminal code states that this material must depict a person under the age of 18 engaged in sexual activity or in a state of sexually explicit nudity. Because of this provision, having a picture of a nude child in one’s possession is not necessarily illegal, like if there are medical reasons.
A child pornography lawyer in Columbia could help evaluate whether the material allegedly in one’s possession falls under this definition. They could fight back against this categorization and promote other defenses in court to help protect the rights of the accused.
Every allegation involving the possession or creation of child pornography in Columbia is a serious matter. A conviction always labels a person as a felon and can require that they spend significant time in prison. Charges that allege the creation of this material even come with a mandatory minimum sentence.
A Columbia child pornography lawyer is available to provide a robust defense. They could work with you to explain the relevant laws, evaluate the strength and legality of the prosecutor’s case, and present potent defenses during every court hearing. Give us a call now to learn more about what your options are.
