Former South Carolina State Representative, RJ May, is charged with possession and distribution of child sex abuse material. May, a founding member of the South Carolina Freedom Caucus, has been held in jail for several months following his arrest. Now, he is trying to delay his federal trial, which was expected to begin in September. Assistant Federal Public Defender Jenny Smith filed a motion informing the court that counsel needs more time on the case.
In the motion, Smith stated they need time to “review the voluminous discovery, conduct a thorough investigation, and review the discovery with the defendants.” She acknowledged that it would be beneficial on both sides as it would allow more time to reach a resolution and avoid going to trial. The motion has yet to be approved, and it is uncertain whether it will be. Jury selection is scheduled to start Wednesday, September 10.
RJ May Resigns
May recently resigned from his position in the South Carolina House of Representatives several months after his arrest on 10 charges related to child sex abuse material. Immediately following his arrest, he was suspended from the House without pay and subjected to an investigation by the House Ethics Commission.
In a resignation letter dated August 7, 2025, he wrote, “I have decided that it is in the best interest of my family and constituents to resign immediately from the South Carolina House of Representatives.” His letter concluded with, “It has been an honor to serve the people of District 88.”
Upcoming South Carolina Election
According to the State Election Commission, an election for May’s seat will be held on December 23. Filing will open at the end of August, and the primary election will take place on October 21. None of these dates has been officially set, but House Speaker Murrell Smith is expected to do so soon.
House Majority Leader Davey Hiott commented that he hopes the ethics complaint will not be dismissed following May’s resignation, but rather it will be expanded to include his consulting work. “I hope the House Ethics Committee, having already initiated its inquiry, will follow its process through to conclusion, regardless of his resignation,” Hiott said in a statement posted on X. “And I hope members of the House Freedom Caucus don’t think this will end this investigation.”
The Investigation
Some other representatives believe May should have resigned back when the investigation surrounding the child sexual abuse claims first began in April 2024. It continued into May 2025 before an arrest was made. It began when Kik, a social messaging app, notified a federal nonprofit about videos that were sent from an account called “joebidennnn69.”
The account was found to have saved 220 different videos and images of toddlers and young children. Investigators traced the account back to May’s cellphone and home in South Carolina. May’s attorney argued that someone hacked his accounts and was attempting to frame him for political reasons. Although the investigation continued, May still attended sessions each day but did not participate in debates.
Trial Proceedings
May is scheduled for a pre-trial hearing in federal court on August 20, 2025. Jury selection will proceed if the motion filed Monday is denied. However, it is likely the motion will be approved, and which will cause a postponement of the trial. If convicted, he faces a maximum sentence of 20 years in federal prison, five years of probation, and a $250,000 fine. He is currently being held at Edgefield County Detention Center in Edgefield, South Carolina.
