State Defense

In South Carolina, Internet Crimes Against Children cases, or ICAC cases, are investigated by the ICAC task force. This task force consists of local, state and federal investigators who usually coordinate with prosecutors from the South Carolina Attorney General's Office, and on occasion the United States Attorney’s Office. The cases tend to follow a common pattern - investigators, posing as minors, are present in a chat room on an app like Kik, or they post a message on a board like Craigslist, asking to speak or meet with adults. These discussions usually move from the chat room or message board to a direct messaging platform, and the discussions usually become sexual. The purported minor will sometimes have a purported guardian with them that speaks for the minor. The discussions move from chat to arrangements, with the purported minor or guardian asking the adult to send cash for illegal sex acts or to travel for illegal sex acts. When money is exchanged, or an individual travels (often to another state) the investigation is usually shut down and warrants are sought, or in the case of travel, an arrest is made. Search warrants for devices such as cell phones and subpoenas for records from businesses such as Kik or Craigslist are used to obtain evidence. And when the adult is arrested or charged, the case is often publicized through the use of press releases, so that the charged person’s family, employer, and friends all hear about it. ICAC cases can be devastating to the individuals who are charged. However, as set out below, an experienced attorney can minimize the harm these cases cause to an individual and give individuals the guidance they need when facing an ICAC investigation or charge in South Carolina.

1. ICAC Cases are Complicated

ICAC cases are some of the most challenging cases for law enforcement to investigate and prosecute. The investigations are often long and complex and require many resources. In addition, ICAC cases almost always involve out-of-state victims and witnesses, making working with them difficult. ICAC cases often involve multiple victims, large amounts of child pornography, and sophisticated computer equipment. For these reasons, ICAC cases can be challenging for law enforcement, prosecutors, and defense attorneys. 

The South Carolina Attorney General's Office has a team of dedicated prosecutors who work on ICAC cases full-time. These prosecutors are experienced in handling these cases and work closely with law enforcement to ensure that cases are well put together. 

ICAC cases are generally investigated online through chat rooms and, later, direct messages. This often occurs on apps such as Kik. As a result, investigators may not know where a potential defendant resides. If charges are made, it may be that a defendant living in one part of the state is charged in a completely different part of the state. Likewise, since ICAC cases are prosecuted by the South Carolina Attorney General's Office, prosecutors on ICAC cases travel across the state routinely. Ultimately, this means anyone who is investigated and criminally charged in a South Carolina ICAC case could be charged anywhere in the state, depending on where the investigators resided when the investigation occurred. 

Typical charges in ICAC cases are attempted exploitation of a minor (from first to third degree), criminal solicitation of a minor, and attempted promoting prostitution of a minor. It is also possible that federal criminal charges result from ICAC cases, particularly where an adult travels from one state to another to meet a purported minor. These charges often include Travel with the Intent to Engage in Illicit Sexual Conduct and Attempted Coercion and Enticement. Finally, as the facts dictate, child pornography charges are also often tied to ICAC investigations and charges. Some of these charges carry mandatory minimum prison sentences and involve complex legal issues. 

2. ICAC Cases Often Involve Child Pornography 

Child pornography is a severe problem in the United States, and South Carolina is no exception. In ICAC cases, investigators often find extensive collections of child pornography on offenders' computers. Investigators may also find evidence of "sexting" - sending sexually explicit photos or videos via text message - between minors. 

In South Carolina, possession of child pornography is a felony offense punishable by up to 10 years in prison. The production of child pornography is also a felony offense, punishable by up to 20 years in prison. ICAC cases often involve the possession and distribution of large amounts of child pornography, making them more severe than other types of child pornography cases. Relatedly, these cases can be prosecuted in federal court instead of a state court, and federal offenses often carry mandatory minimum sentences and high sentencing guideline ranges.

3. ICAC Cases Can Be Tried in Federal Court 

If a defendant in an ICAC case is charged with a federal offense, the case will likely be tried in federal court. Federal courts have more resources than state courts, and federal prosecutors often have more experience trying ICAC cases than state prosecutors. Federal ICAC cases are also tried in front of a jury pool selected from registered voters instead of from DMV records, as in state court. This means that if you are charged with a federal offense resulting from an ICAC investigation, the charges are generally more severe than what an individual may face in state court. The need for experienced counsel is that much more urgent. 

4. ICAC Cases Can Result in a Plea Agreement

In some ICAC cases, defendants may be offered the opportunity to plead guilty to a lesser charge in exchange for cooperating in the investigation. For example, a defendant charged with the distribution of child pornography may be offered the chance to plead guilty to possessing child pornography in exchange for help identifying other members of the child pornography distribution ring. These rings can often be local, statewide, national, and international, given the internet's reach.

5. ICAC Cases Can Be Difficult to Defend

Because ICAC cases are complex and often involve sensitive material, technology, and unique legal defenses and span multiple locations, they can be challenging to defend. If you have been charged with an ICAC-related offense, it is essential to find an experienced defense attorney who can help you navigate the legal system.

6. ICAC Cases Can Have Serious Consequences

ICAC cases often received media attention when charged, immediately destroying the charged individual’s reputation and often career and family life. If you are convicted of an ICAC-related offense, you could face significant penalties, including jail time, fines, and sex offender registration. A charge, let alone a conviction, ruins an individual’s reputation, career, and family and can make it difficult to find employment or housing.

7. ICAC Cases are Prosecuted Aggressively in South Carolina

The South Carolina Attorney General's Office takes ICAC cases seriously and prosecutes them aggressively. The United States Attorney's Office in South Carolina, as well as the Department of Justice, has long made child exploitation a priority, and each federal prosecutor's office has a dedicated Project Safe Childhood coordinator who ensures that each United States Attorney's Office has the resources it needs to prosecute these cases vigilantly. If you have been charged with an ICAC-related offense, you will need a skilled defense attorney who can fight for your rights. 

8. ICAC Cases Require Experienced Defense Attorneys

If you have been charged with an ICAC-related offense in South Carolina, finding an experienced defense attorney who can protect your rights is crucial. Nathan S. Williams has experience as a prosecutor who supervised ICAC cases and personally prosecuted them as a state and federal prosecutor. After leaving a prosecution career to open his boutique law firm, he has defended several individuals charged with state and federal offenses arising from ICAC investigations. Contact Nathan today for a free consultation at (843) 473-7000.