In today’s digital age, sexting – the exchange of sexually explicit images or messages via electronic devices – has become an increasingly common behavior among teenagers nationwide, including in South Carolina. So the state has teen sexting laws in hopes to curb this behavior and keep them safe.
Engaging in this seemingly harmless activity can expose teenagers to serious criminal charges, regardless of intent or consent. The legal system treats the possession, creation, or distribution of explicit images involving minors with utmost severity, sometimes resulting in felony charges, lengthy prison sentences, and mandatory sex offender registration.
Understanding the risks and the applicable laws is essential for parents and teens alike. At Johnson, Johnson, Whittle, Lancer and Staggs, our sex crime defense lawyers are dedicated to helping families in Aiken navigate these complex legal challenges with knowledgeable and compassionate defense.
What is Sexting?
Sexting is defined as the act of sending, receiving, or possessing nude or sexually explicit photos or videos by electronic means, such as text messages, social media, or email.
According to a 2022 national study published in JAMA Pediatrics, approximately 1 in 5 adolescents (19.0%) reported to having sent a sext, and 35.0% reported receiving one.
Among teens, this behavior is often consensual, but it can quickly become non-consensual or be distributed beyond the intended recipient, sometimes leading to devastating social and legal consequences. Even if all parties involved are minors, South Carolina law does not distinguish between consensual and non-consensual sexting when it comes to prosecution.
What many parents and teens do not realize is that these actions—whether sending, receiving, or simply possessing such images—can result in criminal charges. The teen sexting law is clear: minors can be prosecuted for creating, possessing, or distributing sexually explicit images of themselves or other minors.
South Carolina Laws Applicable to Teen Sexting
South Carolina does not have a law specifically addressing sexting among minors. Instead, prosecutors rely on existing statutes related to child pornography and the dissemination of obscene materials to minors.
These include:
- Sexual Exploitation of a Minor (§ 16-15-395 to § 16-15-410) – which criminalizes possessing, producing, or distributing sexually explicit images of minors, even if the individuals depicted are the same age as the defendant.
- Disseminating Harmful or Obscene Material to Minors (§ 16-15-355) – which typically targets adults but may still apply to teens depending on the context and severity of the case.
This means that a teenager who participates in teen sexting, i.e. creates, receives, or shares sexually explicit images can face the same charges as an adult under these laws.
Sexual Exploitation of a Minor
Sexual exploitation of a minor is a serious felony offense under South Carolina law, encompassing a range of actions involving sexually explicit material that features individuals under the age of 18.
According to South Carolina Code § 16-15-395, third-degree sexual exploitation occurs when a person knowingly possesses material that visually depicts a minor engaging in sexual activity or appearing in a state of sexually explicit nudity. The offense is considered a felony and is punishable by up to 10 years in prison for each count.
Although some teens may view sexting as a form of flirtation or self-expression, the legal system does not differentiate based on intent or mutual consent when it comes to explicit images involving minors.
In South Carolina, any creation, possession, or distribution of explicit images of minors is legally interpreted as child sexual exploitation, regardless of the relationship between the individuals involved.
Even when minors create or share explicit images of themselves or peers, they may still face felony charges under exploitation statutes. Legal experts emphasize that under teen sexting laws, once such material is produced or shared, the minors involved can be prosecuted as if they were adult offenders under existing child pornography laws.
Dissemination of Obscene Material to Minors
In South Carolina, it is a felony offense to disseminate obscene material to minors. For adults, sending an obscene image to a minor under 12 years of age can result in up to 15 years in prison while sending to a minor aged 13 to 17 can result in up to 10 years in prison.
While these penalties are designed for adults, minors can also face prosecution under these statutes, depending on the circumstances.
Juvenile vs. Adult Court Proceedings
Most minors charged with sexting-related offenses are processed through the juvenile justice system, which focuses on rehabilitation rather than punishment. However, in South Carolina, the teen sexting law allows for minors as young as 16 to be charged as adults in certain serious cases, particularly when the crime involves child pornography or other severe offenses.
Under the state’s laws, a minor may be transferred from the juvenile system to adult criminal court based on various factors, such as:
- The nature of the offense (e.g., distribution or production of sexually explicit images)
- The age of the minor (typically, 16-year-olds or older)
- The minor’s criminal history and prior offenses
In teen sexting cases, a minor tried as an adult faces the same felony charges and penalties as an adult.
Potential Penalties and Consequences of Teen Sexting
The penalties for sexting-related offenses in South Carolina are severe and can include:
- Imprisonment (up to 10 years for sexual exploitation of a minor; up to 15 years for disseminating obscene material to a minor under 12)
- Fines of up to $5,000
- Mandatory registration as a sex offender, which can have a lifelong impact on where a person can live, work, or attend school
- Permanent criminal record, affecting college admissions, scholarships, employment, and housing opportunities
Even if a teen sexting case is handled in juvenile court, the consequences can be far-reaching and can affect a young person’s future for years to come.
Importance of Legal Representation for a Teen Sexting Case
If you or your child is facing sexting charges, it is critical to seek experienced legal counsel immediately. The laws are complex, and the stakes are high. An experienced criminal defense attorney can:
- Protect your child’s rights throughout the investigation and court process
- Work to have charges reduced or dismissed
- Negotiate for alternatives to conviction, such as diversion programs or counseling
- Advocate for outcomes that focus on rehabilitation rather than punishment
At Johnson, Johnson, Whittle, Lancer and Staggs, we understand the unique challenges facing families in these situations. We are committed to providing compassionate, effective legal representation to protect your child’s future. Call us at (803) 649-5338 for a confidential consultation.
Preventative Measures and Education About Teen Sexting Laws
The best defense against the legal risks of sexting is prevention. Parents and schools should take an active role in educating teens about the dangers and legal consequences of sexting. Open communication, clear rules about digital device use, and discussions about respecting privacy and consent are essential.
Consider implementing the following strategies:
- Regularly review digital content with your teen in a non-confrontational way
- Encourage your school to offer educational programs about digital safety and the law
- Foster a supportive environment where teens feel comfortable discussing peer pressure and online interactions
Navigating Teen Sexting Laws in South Carolina
Sexting among teenagers is a complex issue with very real legal risks in South Carolina. While technology has changed the way young people communicate, the law has not kept pace, and the consequences for a momentary lapse in judgment can be life-altering.
At Johnson, Johnson, Whittle, Lancer and Staggs, we urge parents and teens to take these risks seriously and to seek legal advice immediately if faced with sexting-related charges.
If you need guidance or representation regarding teen sexting laws, do not hesitate to contact our office at (803) 649-5338.
We are here to help you navigate this challenging situation and protect your family’s future.
