South Carolina Lawmaker Charged with Sex Crimes

On June 11, 2025, South Carolina state representative RJ May was arrested and charged in federal court with 10 counts of distributing child sexual abuse material (CSAM) (find the indictment here). He’s currently being held without bond in a local county jail. While the headlines focus on the political fallout, this case provides a rare public window into what actually happens to someone charged with a CSAM offense in the federal system—especially when that person is high-profile.

Why He Was Denied Bond

May wasn’t accused of violence or threatening behavior. Yet the judge ordered him held without bond (find the order denying bond here). That’s standard in federal CSAM cases. Federal law lists CSAM charges among those that trigger a presumption of detention. In most cases, unless the defense can overcome that presumption, the judge will deny bond even for a first-time offender with deep community ties. It’s not personal—it’s statutory.

What Jail Looks Like While Awaiting Trial

Right now, May is in a contract holding facility—a regular county jail that houses pretrial federal defendants under a federal agreement. These facilities aren’t part of the Federal Bureau of Prisons (BOP), but they hold many people charged with federal crimes. They look and operate like any other jail. Food, sanitation, phone access, and safety vary widely.

Because of his public status and the nature of the charges, May is likely being kept in segregation or a protective housing unit. That means near-total isolation. No regular TV, limited or no access to email or phone tablets, and almost no interaction with other inmates. This isn’t punishment—at least not officially. Jail officials will say it’s for his safety, and they’re not wrong. CSAM defendants, even well-known ones, are often at risk in general population.

The Daily Grind of Pretrial Detention

The first few weeks of pretrial detention are often the hardest. Court appearances, lawyer visits, sleepless nights. On hearing days, inmates are woken around 3 a.m. so staff can gather everyone with a court date. Even if a hearing isn’t until the afternoon, everyone is processed early and staged in holding cells until the transport van arrives—usually hours later.

At the courthouse, it’s more waiting. Detainees often spend the entire day in small holding cells and return to jail late in the afternoon. By then, many have been awake for over 24 hours. There’s no chance to shave or change clothes. Uniforms are swapped out maybe twice a week. Underwear gets washed in the sink, if inmates even have a spare pair.

Federal Detention Centers vs. County Jails

Some federal defendants are sent to federal detention centers (FDCs), which are BOP-run facilities specifically for pretrial inmates. These are better than county jails in most ways: cleaner, more structured, less chaotic. But most people—including May—don’t end up in an FDC. Instead, they remain in county jails for months or even years waiting for trial or plea resolution.

Why His Case Took So Long to Result in Charges

One detail that stands out in May’s case is the timeline. The alleged conduct occurred in March 2024. The tip came to law enforcement in May 2024. The warrant for device data wasn’t issued until July, and the search of his home didn’t happen until August. Yet he wasn’t indicted until June 2025—fifteen months after the alleged conduct. That delay isn’t unusual in CSAM cases.

Federal investigators take their time building airtight CSAM cases. They face no statute of limitations for CSAM offenses, so there’s no rush. Meanwhile, the target of the investigation may begin to believe they’re in the clear. Many defendants report feeling “forgotten” or “safe” during that long gap between search and arrest. That false hope can be devastating when the indictment finally comes. Instead of hoping the charges will never come, a potential CSAM defendant should set the stage for such a possibility. I’ve helped numerous defendants with this process.

Why the Feds Charged Distribution, Not Possession

Although the indictment references only 10 videos, a very low number in CSAM cases, prosecutors charged May with distribution. That’s a strategic move. Possession carries no mandatory minimum and a max of 10 years. Distribution comes with a 5-year minimum and a 20-year max. Even when a person never actually “sent” CSAM to someone, the government often claims distribution based on use of apps like Kik, Telegram, or peer-to-peer programs.

They also rarely charge just “one count.” In May’s case, each video is its own charge. That’s meant to shock the defendant, overwhelm them with potential prison time, and push them toward a plea deal. Later, the government might drop all but one or two charges, making the plea look like a “deal”—but under the sentencing guidelines, all conduct (even from dropped charges) still gets counted.

Why Sentencing Doesn’t Always Reflect the Plea Deal

Federal CSAM sentences are driven by the U.S. Sentencing Guidelines, which consider factors like number of files, use of chat apps, whether encryption was used, and more. Even if someone pleads to a few counts, their guideline range might reflect conduct from hundreds or thousands of images or videos. A plea to two counts doesn’t prevent the government from arguing at sentencing that the person deserves 15 years based on “relevant conduct.”

The courts have upheld this practice. Judges are allowed to consider dropped charges when deciding the sentence. For someone like May, that means his sentence could reach double digits even with no prior criminal history. With proper mitigation tactics, his lawyers may be able to shave some time off his sentence. I work with attorneys and their clients in this effort.

Where He Might Go If Convicted

If May is convicted, the Bureau of Prisons (BOP) will assign him to a federal prison based on his sentence, history, and public safety factors. Most CSAM defendants are sent to low-security institutions with Sex Offender Management Programs (SOMPs), such as FCI Englewood (Colorado) or FCI Petersburg (Virginia). These are among the few places where sex offenders can live safely without constant threat of violence.

The BOP’s Designation and Sentence Computation Center (DSCC) in Grand Prairie, Texas, decides where each person goes. Sometimes public figures or high-profile inmates can request a specific facility, citing safety or treatment needs. But the BOP keeps its process secretive, and placement can take weeks or months.

What Happens If He’s Sent to a Regular Prison

Not all BOP prisons are safe for sex offenders. If May is sent to a facility in South Carolina—or any institution without a protective population—he’ll almost certainly be forced into solitary confinement “for his own protection.” From there, he could request a transfer, but that takes time. Months could pass before he’s re-designated to a safer facility. I’ve seen it happen repeatedly.

Why This Matters for Other Defendants

Most people facing federal CSAM charges aren’t famous. They don’t get headlines. But their journey through the system follows many of the same steps. Isolation, fear, confusing legal terms, misleading plea deals, and harsh sentencing guidelines define these cases. And the impact on families is enormous.

I’ve lived this system firsthand and have worked with dozens of families facing it now. If you’re going through it—whether as a defendant or a loved one—this isn’t the time to go it alone. Much of what I describe here is covered in my book Worse Than a Murderer: Doing Time as a Sex Offender, which I wrote to help people understand what’s coming and how to survive it.

If you want help preparing for federal prison, understanding how sentencing works, or just figuring out what your options are, I offer private consulting. I can walk you through it step by step so you’re not blindsided later. For people charged with CSAM offenses, the fear doesn’t have to control everything. There’s a path forward.