South Carolina § 16-15-410 Third degree sexual exploitation of a minor defined; penalties; exception.

South Carolina Statutes

§ 16-15-410 — Third degree sexual exploitation of a minor defined; penalties; exception.

South Carolina·Title 16 CRIMES AND OFFENSES·Ch. 15 OFFENSES AGAINST MORALITY AND DECENCY

(A)An individual commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor or a morphed image of an identifiable 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.

(B)In a prosecution pursuant to this section, the trier of fact may infer that a participant in sexual activity or a state of sexually explicit nudity depicted as a minor through its title, text, visual representation, or otherwise, is a minor.

(C)A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years.

(D)

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(A) An individual commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor or a morphed image of an identifiable 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. (B) In a prosecution pursuant to this section, the trier of fact may infer that a participant in sexual activity or a state of sexually explicit nudity depicted as a minor through its title, text, visual representation, or otherwise, is a minor. (C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. (D) This section does not apply to an employee of a law enforcement agency, including the State Law Enforcement Division, a prosecuting agency, including the South Carolina Attorney General's Office, or the South Carolina Department of Corrections who, while acting within the employee's official capacity in the course of an investigation or criminal proceeding, is in possession of 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. The employee's official capacity in the course of such investigation or criminal proceeding includes making material available for inspection to the defendant's counsel in response to discovery requests. (E) The offense is a misdemeanor to be heard by the family court if the person charged under the provisions of subsection (A) is a minor and the offense is the minor's first charge related to a morphed image of an identifiable minor. The family court may order behavioral health counseling from an appropriate agency or provider, as a condition of adjudicating a minor.

South Carolina § 16-15-410 (Third degree sexual exploitation of a minor defined; penalties; exception.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

HISTORY: 1991 Act No. 73, SECTION 1, eff May 22, 1991; 2004 Act No. 208, SECTION 11, eff April 26, 2004; 2008 Act No. 226, SECTION 1, eff May 14, 2008; 2014 Act No. 269 (H.3959), SECTION 3, eff June 9, 2014; 2025 Act No. 58 (S.29), SECTION 4, eff May 22, 2025. Effect of Amendment 2025 Act No. 58, SECTION 4, in (A), inserted "or a morphed image of an identifiable minor" preceding "engaged"; added the last sentence in (D); and added (E).