One of the most serious criminal charges that you can face in North Carolina are sex crimes. On top of that, a sex crime involving a minor could subject you to a lifetime of consequences. Those consequences not only affect your liberty but your reputation in the community, personal life, employment, registering under the sex offender registration statutes, and housing opportunities. If you are facing this charge, it is imperative that you pick up the phone right now and call Jetton and Meredith for a free consultation. We are experienced attorneys that have represented and fought for hundreds of people charged with various sex crimes including this one.
North Carolina’s Statute for Solicitation of a Child by Computer (N.C.G.S. § 14-202.3)
N.C.G.S. § 14-202.3 provides that a person is guilty of solicitation of a child by a computer if the person is 16 years of age or older and the person knowingly (with the intent to commit an unlawful sex act), entices, advises, coerces, orders, or commands, by means of a computer or any other device capable of electronic data storage or transmission:
- a child who is less than 16 years of age and at least five years younger than the defendant, or
- a person the defendant believes to be a child who is less than 16 years of age and who the defendant believes to be at least five years younger than the defendant
to meet with the defendant or any other person for the purpose of committing an unlawful sex act. Consent is not a defense to this charge. Further, North Carolina courts will have jurisdiction over this case if the communication that constitutes the offense either originates in North Carolina or is received in North Carolina.
Elements
A person is guilty of this offense if
- Is 16 years of age or older and
- Knowingly, with the intent to commit an unlawful sex act,
- Entices,
- Advises,
- Coerces,
- Orders, or
- Commands
- By means of
- A computer or
- Any other device capable of electronic data storage or transmission
- A child less than 16 years of age and at least five years younger than the person or
- A person the defendant believes to be a child who is less than 16 years of age and who the defendant believes to be at least five years younger than the defendant
- To meet any person
- For the purpose of committing an unlawful sex act.
Frequent Questions in these cases in North Carolina
- What does knowingly mean? – Knowingly is when a person is aware or conscious of what he or she is doing.
- What does entice or advise mean? – The North Carolina court system has not interpreted these words to mean different than the plain definitions that are found in any dictionary. Depending on the facts and circumstances of the case, your conduct could fall within the statute’s scope.
- What constitutes an unlawful sex act? – An unlawful sex act can include a wide array of charges. For example, criminal offenses like rape, indecent liberties, sexual offense, and a crime against nature are sex acts.
- Is Solicitation of a Child by Computer a “sexual violence offense?” – Yes, if convicted of this offense, N.C.G.S. § 14-208.6A requires you to register as a sex offender and follow those registration requirements for a total of 30 years. Additionally, a public record will be readily available to and accessible to the public.
Punishment
In North Carolina, a person who is found guilty of Solicitation of a Child by Computer can be punished in two ways:
- Class H felony except as provided below.
- Class G felony, if either the defendant or any other person for whom the defendant was arranging the meeting in violation of this section, actually appears at the meeting location.