His resignation was confirmed by the South Carolina House Speaker’s Office on August 11, 2025, nearly two months after his indictment.

Rep. RJ May, a South Carolina legislator and founding member of the Freedom Caucus, has resigned from his House seat while incarcerated on charges of distributing child sexual abuse material.

Prosecutors allege that May used the screen name 'joebidennnn69' to distribute 220 files of toddlers and young children engaged in sexual acts via the Kik social media network.

The files were linked to May's home Wi-Fi network and cellphone, with the prosecution claiming that these files were transmitted directly from his devices.

May is currently incarcerated at Edgefield County jail without bond, facing ten federal charges that could lead to a maximum sentence of 20 years in prison.

As the case progresses, with a trial update scheduled for August 20, 2025, May's colleagues are left to contemplate the implications of his alleged actions on their political landscape.

The indictment revealed concerning behavior indicating a potential sexual interest in children, raising alarms about his ability to evade detection.

Prior to his resignation, the House Ethics Committee had initiated an investigation into May's conduct, which could have led to his expulsion from the House.

May was suspended from his position shortly after his arrest in June 2025, as mandated by state law for felony indictments.

A special election to fill May's seat is scheduled for December 23, 2025, with candidate filing opening on August 29, 2025.

In his resignation letter, May stated that resigning was in the best interests of his family and constituents, but he did not address the serious charges he faces.

A pretrial conference for May is scheduled for August 20, 2025, with jury selection potentially starting in September.