Sexual exploitation of a minor in South Carolina is among the most serious criminal charges someone can face — and recent law changes now specifically address AI-generated child sexual abuse material (CSAM) in the digital age.
If you or someone you care about is facing these allegations, knowing how the law works — and how it’s evolving — matters.
This article breaks it down in clear, practical terms.
What “Sexual Exploitation of a Minor” Means in South Carolina
In South Carolina, what many people call “child pornography” is formally charged as sexual exploitation of a minor under Sections 16-15-395, 16-15-405, and 16-15-410 of the South Carolina Code of Laws.
Unlike federal statutes that focus narrowly on images alone, SC’s laws are written broadly to criminalize using, creating, transporting, or possessing material depicting minors in sexually explicit conduct — and now include AI-generated content.
Degrees of the Crime
South Carolina divides sexual exploitation of a minor into three degrees:
- First Degree: Producing or facilitating the creation of sexually explicit material involving minors.
- Second Degree: Distributing or selling such material.
- Third Degree: Mere possession of sexually explicit content involving minors.
All three are felony offenses and carry significant prison terms and lifelong consequences.
New Law in South Carolina Targets AI-Generated CSAM
Recent legislative action in South Carolina expands traditional definitions to make clear that AI-generated, morphed, or computer-manipulated images or videos of minors also fall under criminal exploitation statutes. This means:
- Images of minors created entirely by software that depict sexually explicit conduct are now criminalized.
- Morphed content — where a real child’s face or identifying feature is digitally placed on another body — is treated as exploitative material.
In late 2025, one of the first cases under this updated statute involved a Lexington County man charged for possessing AI-generated CSAM, now a felony punishable by up to 10 years per count.
This expansion brings South Carolina in line with growing nationwide concern about deepfake and AI-assisted exploitation material and fills a legal gap in previous statutes.
Penalties & Long-Term Consequences
Penalties for sexual exploitation of a minor in South Carolina are severe:
- First Degree: 3–20 years in prison (minimum sentences must be served before parole is possible).
- Second Degree: 2–10 years.
- Third Degree: 0–10 years.
In addition to incarceration, individuals convicted under these statutes are required to register as a sex offender for life, with biannual reporting requirements.
If the charge involves AI-generated CSAM, those penalties can still apply. The law treats such material as if it were real to address the harm and potential for abuse in the digital realm.
Why This Matters for Criminal Defense
If you are facing charges related to sexual exploitation of a minor — whether allegations involve traditional images or AI-generated material — you need skilled representation. These are not “minor” crimes in the eyes of prosecutors:
- A conviction can lead to long prison sentences and lifelong registration.
- Law enforcement takes a zero-tolerance approach to these offenses.
An experienced criminal defense lawyer can challenge the evidence, protect your rights, and explore possible defenses.
👉 Learn more about how we defend serious charges on our page: Criminal Defense Practice Area
SC’s Legal Landscape Is Changing — Don’t Get Left Behind
Because the law now includes AI and morphed imagery, cases that once might have avoided prosecution can now result in charges.
South Carolina’s legislature and Attorney General’s Office are actively targeting predators who use technology to produce, distribute, or possess harmful material.
If you’re under investigation, it’s important to act quickly. Every decision made — from what you say to law enforcement to what evidence is collected — can affect your case.
Frequently Asked Questions (FAQs)
What is considered “sexual exploitation of a minor” in SC?
It’s a felony offense covering the creation, possession, distribution, or facilitation of sexually explicit material involving minors.
Recent law changes also criminalize AI-generated content that depicts minors in sexual conduct.
Does possession alone count as a crime?
Yes — possessing sexually explicit images or videos of minors is a felony offense (third degree) with serious penalties.
Is AI-generated child pornography illegal in South Carolina?
Yes. The law now treats AI-generated, morphed, or computer-created images of minors in sexual contexts as criminal, regardless of whether a real child was involved.
Can minors who send images to each other be charged?
Yes, but the law recognizes this reality. First-time cases involving minors may be handled in family court without mandating sex offender registry, depending on the circumstances.
What defenses are available?
Defenses can include lack of intent, misidentification, illegal search and seizure challenges, or demonstrating the content is not unlawful. Every case is unique — get tailored legal advice.
Need a Strong Criminal Defense?
Sexual exploitation of a minor — especially in the age of AI — carries life-changing consequences.
At Kent Collins Law Firm, our team understands the complexities of South Carolina’s criminal code and how to build a defense that protects your rights.
📞 Schedule a consultation today and let us review your case with care and experience. Your future deserves vigorous representation.
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