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

(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 engaging in sexual activity.

(B) In a prosecution pursuant to this section, the trier of fact may infer that a participant in sexual activity 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.

Legislative 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.
Comments (2)add comment
Dave: ...
I was looking at adult porn and pulled up a page with thumbnails of women,started clicking on them and found child porn behind the adult. I did not know about a hard drive and made shortcuts to the web sites and called my reckless support to give them full detail of what happened and to note my call in of what I found. In short I was locked up for sexual exploitation of a minor. I told my public defender all of this before court and still was charged. What can be done about this to get this charge off of me?
1

January 14, 2013
Curtis: ...
I've been told that my sexual exploration was a set up by the government,if the government doesn't want us to look at adult porn then they should make it illegal since this is a moral issue any.
2

January 28, 2013

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