By William Whitley Hodges, J.D.

Part I: What does the Act say?

As a father and a lawyer, I am all for a rational and effective means of policing the Internet as to the protection of minors. With the rise of the Internet, we have also seen a rise in the criminal molestation of young boys and girls under the age of consent. Both heterosexual and homosexual pedophiles have used the Internet as a springboard for acts of sexual abuse, child abductions, mysterious disappearances of children, child homicide, and serial murders.

Across the country, states are enacting laws that deal with the use of computers to commit crimes. These laws focus on enticing or engaging a minor in sexual activity, producing and transmitting child pornography, and the transfer of pornographic materials to minor children. Additional language in these new laws also make it illegal to use a computer towards the sexual exploitation of children in prostitution and sale of child pornography.

Once the predator succeeds at connecting with a minor and actually has an encounter leading to a sexual event, they become intoxicated with the technique. They begin accelerating their efforts to meet and entice other minors on the Internet. They feel they have a freedom and anonymity over the Internet which will protect them in their seemingly endless hunts for victims. Fortunately, times change and law enforcement agencies usually develop means to capture and prosecute such criminals.

Every parent reading this article should have serious talks with their children about anyone seeking a meeting with them over the Internet. The dangers of the conduct should be openly discussed with pre–teens and teenagers, especially as to how pedophiles lure children into kidnapping, molestation and deadly situations. You should never allow your pre–teen or teenager on the Internet in such fashion that you do not know what Web sites they are visiting.

Police Play Lolita. The following is an analysis of the first SC case of importance under the new state Internet Predator Law (S.C. Code 16–15–342). On January 12, 2005, Donald Louis Brink was charged with three counts of Criminal Solicitation of a Minor who was allegedly over 16 but under 18 years of age. The facts are highly unusual to say the least.

1. Brinks, a young adult man, was in Charleston and he discovered a young girl in a “romance” chat room on the Internet. Yahoo, MSN, and other otherwise good companies have these chat rooms where young people and old people alike meet for the hope of companionship. But, companionship and romance do not mean sex with a minor.

2. Brinks chatted with the young girl several times. He discovered she was 16 years old. Eventually the conversation turned to sex. One thing led to another and she promised to meet him in Lexington for a sexual encounter. He did not show on the appointed day. When she questioned him later, he said he was burdened with work. After the third attempt to arrange his schedule, they again agreed to meet in Lexington for sex.

3. Brinks was subsequently arrested (in Charleston) under the new SC Internet Predator Act for three counts of Criminal Solicitation of a Minor. He pled guilty to the conduct and was sentenced to eight years in prison! He also must register as a sexual offender for the rest of his life!

Who Tracks Down the Criminal? SLED and the FBI have their SC computer lab in Lexington County. They have the option of filing their criminal complaint in either Lexington County or other locales in the state.

How do they do it? Well, when you go to a chat room on Yahoo or MSN or another large site, you are assigned a profile and chat name. The SLED agent goes to the “romance” chat room and poses as an underage minor. He tries to lure adults into a sexual relationship on line.

Is this entrapment? No. After all, the SLED agent never, ever mentions sex. He does tell the adult on line his phony age, usually 15 or 16 years old. Then, after the question of sex and a meeting comes up, the SLED agent asks the adult to meet him.

Does the violator have to actually travel and attempt to meet the minor? No. This is where it gets sticky under the constitution. The charges are based solely on the “chat.” The SC law has criminalized the communication alone. The adult only has to show an “intent of persuading, inducing, enticing, or coercing the person to engage or participate in a sexual activity as defined in Section 16–15–375(5) or a violent crime as defined in Section 16–1–60. In other words, dirty thoughts and dirty words alone get you eight to 10 years in prison.

What is the exposure as to fines and sentences? For violating the Sexual Predator act, the adult offender must be fined not more than $5000 nor imprisoned for more than 10 years or both. Brinks got eight years. This is a felony conviction that stays with you for life.

What is the sexual offender aspect of the Law? If you are convicted for sexual predation under the SC act, you are also held to be a sexual predator who must register as such for the remainder of your life.

Is there a violence component? Yes. If it can be shown that you intended to engage in violence during the sexual encounter, you could also be held liable under an additional law, the SC Violent Predator Act, S.C. Code 44–48–30.

What is the age of consent in SC? Age 16.

What is the age of consent under the Internet Predator Law? Age 18.

(Next week: Why the act needs to be changed)