Distribution of child sexual abuse material On May 27, 2024, the
National Center for Missing and Exploited Children received a cyber tip from
Kik Messenger flagging videos from username "joebidennnn69" as depicting child sexual abuse material (CSAM) portraying "infant and toddler children being subjected to severe forms of sex abuse" involving physical violence and animals, according to a statement from the
United States Attorney for the
District of South Carolina Bryan Stirling. The Kik account, which, prosecutors linked to May, had been used to disburse child sexual abuse videos around the world. In August 2024 May's house was searched as part of the investigation by members of the
Department of Homeland Security's (DHS) Special Investigations Unit (HSI) along with support from the
South Carolina State Law Enforcement Division (SLED), with 35 electronic devices seized, including May's phone . On October 24, 2024, a federal document was filed in
US District Court for South Carolina with a motion to extend time to file judicial forfeiture action. In December 2024, May was suspended from the South Carolina
Freedom Caucus amid the ongoing investigation.
Indictment and arrest On June 10, 2025, May was indicted by a federal grand jury on 10 counts of federal child sex abuse charges. Then on June 11, 2025, May was arrested and booked into Lexington County Detention Center.
Jordan Pace, Chair of the South Carolina Freedom Caucus, issued a statement calling for May's immediate resignation. On June 12, 2025, May was suspended without pay from the South Carolina House of Representatives as required by state law, pending the case's outcome, according to a document from
House Speaker Murrell Smith’s office. An arraignment was held before
United States Magistrate Judge Shiva V. Hodges, during which evidence was presented by a representative of the Department of Homeland Security, and bond for May was denied. May pled not guilty and is detained without bail. On June 13, 2025, the South Carolina House Republican Caucus issued a statement from House Majority Leader
Davey Hiott noting that Hiott had filed a complaint with the House Ethics Committee to further investigate May, a procedure which starts the process of expulsion from the House of Representatives. The letter further noted that May was not a member of the SC House Republican Caucus, but was instead a creator and member of the "fringe" South Carolina Freedom Caucus.
Drew McKissick, chair of the
South Carolina Republican Party, released a statement demanding that May resign his seat in the House of Representatives. The
Attorney General of South Carolina Alan Wilson also released a statement affirming that the investigation of May was conducted by federal partners who are members of the South Carolina Internet Crimes Against Children Task Force. Governor
Henry McMaster called the charges "horrific." Commenting on whether May should resign his seat, the governor remarked "that question's going to be answered for him" if the House of Representatives passes an expulsion by a two-thirds vote.
Court proceedings On June 24, 2025, May appeared before a federal judge without legal counsel. He requested and was assigned a court appointed public defender. May presented a financial affidavit stating that he had no assets in his name other than his truck. Assistant federal public defender Jenny Smith was appointed to represent May, taking over from Columbia attorney Dayne Phillips. The federal case was assigned to Senior U.S. District Court Judge
Cameron McGowan Currie. May was held at
Edgefield County Detention Center.
Request for delay On August 11, 2025, Smith submitted a request to the court to delay proceedings to give her time to review discovery, investigate, review findings with the defendant, and give all parties time to possibly negotiate a resolution. Jury selection was previously set for September 10, 2025, but on August 20, the schedule was reset by federal Judge Currie for October 8, 2025, with opening arguments on October 9. Smith planned to challenge the search warrant used to seize electronics from May's home in August 2024.
May opts to represent self On September 4, 2025, May was granted permission at a status hearing in federal court to represent himself, rather than rely on the services of a public defender. Self representation required May to complete pretrial filings from his jail cell. May's request for hybrid counsel allowed to sit at the table with him was denied in favor of standby counsel, who sit behind him for trial proceedings. May's public defenders, Jenny Smith and Jeremy Thompson, served in the limited standby role. Assistant US Attorney Scott Matthews noted that there were seven total warrants, one of which May moved to suppress, causing him to seek self representation. Matthews, Assistant U.S. Attorney Dean Secor and Austin M. Berry, an attorney with the Child Exploitation and Obscenity Section of the
United States Department of Justice Criminal Division were prosecutors in the case.
Motions, guilty plea, sentencing and incarceration On September 10, 2025, May filed a motion to suppress evidence against him. On September 17, he filed for a change of venue due to "pre-trial publicity." On September 24, 2025, after arguing for the motions before US District Judge Cameron McGowan Currie, May approached prosecutors about a guilty plea. May met with prosecutors and agreed to plead guilty to five counts of distributing sexual abuse material involving children. He faced up to 20 years in prison on each charge, for a total of 100 possible years, and a fine of up to $250,000, as well as being required to register as a
sex offender. Prosecutors agreed to drop the remaining five counts in the plea deal with May. Assistant US attorney Scott Matthews signed the plea deal on September 26, representing himself, US Attorney
Bryan Stirling, Elliott B. Daniels and Austin M. Berry. A plea hearing was set for September 29. At that plea hearing, May pled guilty, admitting to distributing hundreds of child sexual abuse videos and images. His sentencing hearing was scheduled for January 14, 2026. On January 9, 2026, federal prosecutors filed a sentencing memo asking Judge Currie to order a 20 year prison sentence, lifetime supervision, and $73,000 in restitution. On January 14, 2026, at May's sentencing hearing, US District Judge Currie sentenced him to 17.5 years in federal prison, lifetime registration as a sex offender, and payment of $58,500 in restitution. Due to his status as a convicted felon, he lost his right to vote, and will never be able to hold elected office again. He will serve 20 years' of
supervised release after completing his prison sentence. May is serving his sentence at
Federal Correctional Institution, Loretto, a low to minimum security federal prison in
Lewisburg, Pennsylvania.
Appeal On January 27, 2026, May filed an appeal of his conviction, citing 'ineffective counsel' regarding his public defense attorneys to the
United States Court of Appeals for the Fourth Circuit Court. Tax evasion On November 21, 2025, the
South Carolina Department of Revenue filed charges against May for tax evasion. The Department found that between 2022 and 2024, May earned more than $323,000 during those years and owes the state over $14,000. If convicted of these charges, May faces a maximum sentence for each count of one additional year in prison and a $10,000 fine plus the cost of prosecution. == Impacts ==