South Carolina Criminal Defense Attorney
People who were sexually abused as children, who are addicted to drugs, who suffer from psychological disorders or who take prescription drugs may not be able to help a compulsion to view child pornography. Teenagers sending sexually explicit images and individuals file sharing, even unknowingly, can be charged with child pornography. No matter the reason, when someone is charged with possession or distribution of child pornography, it is important to turn to an experienced Lexington child pornography defense attorney for help.
Because we understand that many factors might contribute to a distorted sexual drive or an innocent mistake, the attorneys at the Law Offices of Richard J. Breibart, LLC, know how to best defend against child pornography charges. We consult with psychologists and other experts to establish a case for leniency before the court.
Charges of Child Pornography
Child pornography charges can stem from:
- Possession of child pornography. In addition to possessing images or videos showing a minor engaged in sexual activity, individuals can also be charged with child pornography possession by simply viewing commercial Internet child pornography sites.
- Distribution of child pornography. Posting images to a website, uploading a video or acting as a broker for child pornography — even without knowledge of file sharing on peer-to-peer file sharing sites — are all considered distribution of child pornography, even if no money exchanged hands.
- Contact. Contact offenses related to child pornography can include criminal sexual conduct (statutory rape) and filming or photographing children in a pornographic context.
- Juvenile sexual offenses. If a boyfriend or girlfriend sent a sexually explicit image via cellphone or e-mail, the teenager receiving the message can be charged with possession of child pornography. Minors sending "sexts" — even if the images are of themselves — can be charged with distribution of child pornography.
Charges of child pornography can be filed in state or federal court. Allegations of participation in commercial sites online or online solicitation of a minor usually fall under federal jurisdiction.
Child Pornography Offenses in South Carolina
Under South Carolina law, child pornography possession involves the possession of photographs or videos of a minor engaged in sexual activity. As a felony offense, it is punishable by up to 10 years in prison. Another common charge under South Carolina law is distributing obscene material to children, which involves the distribution of obscene materials to a minor, whether in a book, magazine, video or on a computer. It is also a felony punishable by up to 15 years in prison.
South Carolina Sexual Solicitation of Minors Lawyers
Because the penalties for a child pornography conviction under both state law and federal law can be severe, it is important to seek help from South Carolina sexual solicitation of minors lawyers who know the law and how to defend against the charges. To schedule a free consultation to discuss your case and learn more about how we will help you through every step of the process, contact the Law Offices of Richard J. Breibart, LLC, online or call 866-645-8743. We serve clients throughout the state, including those from Columbia, Newberry and Florence.
