In North Carolina it is illegal to make, distribute, or possess child pornography. North Carolina classifies these actions as “sexual exploitation of a child,” carrying heavy consequences of felony charges and the requirement of registering as a sex offender. Not only does it involve local agencies and task forces, but the federal government as well.
These kinds of charges are very serious and can be life altering. Therefore, it is vitally important that you hire an experienced and knowledgeable attorney to assist you. If you have been charged with any level of sexual exploitation of a minor then reach out to the team at Jetton and Meredith today.
Most Important to Know:
In North Carolina, the North Carolina Court of Appeals has ruled that there is no knowing possession requirement. What does that mean?
That means that a person is in possession of child porn when he or she has the power and intent to control the disposition of the images. What does that mean?
That means if a computer belongs to a person and images have been opened and saved on the computer then the possession element is satisfied under Court’s authority.
Update:
In May of 2024, Mooresville Police Department just wrapped up their largest child predator operation in the department’s history. During that investigation, 65 individuals across 19 agencies on local, state, and national levels were involved in the operation.
In February of 2024, in Gaston County, North Carolina, more than a dozen people were accused of exploiting or abusing children. In Operation Winter Guardian, a joint effort of 44 law enforcement agencies across the state, local, and federal levels were involved.
Types of Sexual Exploitation of a Child Charges:
There are three levels of sexual exploitation crimes in North Carolina; first, second, and third degree. First degree is the most serious and carries the most severe punishment, while third degree is the least serious and carries the least severe punishment.
1. Third Degree Sexual Exploitation of a Child N.C.G.S. 14-190.17A
The lowest level of sexual exploitation of a child in North Carolina is third degree. Third degree sexual exploitation is punished as a class H felony, where again, regardless of your prior record, the judge may sentence you to an active sentence in prison. Furthermore, you will have to register as a sex offender.
Third degree sexual exploitation is the crime of possession. This law makes it illegal to possess material depicting a minor in sexual activity, if you know the character or content of such material. This means that it is illegal for you to download, hold, or otherwise possess anything that you know shows child pornography. This law also allows the jury to infer the age of the person depicted in the sexual activity without absolute proof.
2. Second Degree Sexual Exploitation of a Child N.C.G.S. 14-190.17
This is the next most serious offense regarding Child Pornography in North Carolina. Punishable as a class E felony, you can get an active sentence for this charge regardless of your prior record, and similar to first degree sexual exploitation, it also requires registration as a sex offender. You can be found guilty of this charge if you either:
A. Record, photographs, film, develop, or duplicate materials that contains a visual representation of a minor engaged in sexual activity.
B. Distribute, transport, exhibit, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.
Similar to first degree sexual exploitation, the statute for second degree sexual exploitation contains the inference prong, allowing the jury to infer the person contained in the imagery is a minor without absolute proof of them being a minor.
3. First Degree Sexual Exploitation of a Child N.C.G.S. 14-190.16
This is the most serious offense when regarding child pornography. This charge involves the production of child pornography. You can be charged with First Degree Sexual Exploitation of a Child if you do any of the following:
A. Uses, employs, coerces, or facilitates a minor to engage in sexual activity for a live performance or for the purpose of producing pornographic material.
B. Permits a minor under their custody or control to engage in sexual activity for a live performance or for the purpose of producing pornographic material.
C. Transports or finances the transportation of a minor through or across the State of North Carolina with the intent that the minor is going to engage in a sexual activity for a live performance or for the purpose of producing pornographic material.
D. Records, photographs, films, develops, or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.
One important prong of this statute is the inference prong. This allows the trier of fact, or the jury, to infer that the person engaged in a sexual activity is a minor, it does not require absolute proof that the person involved is a minor.
If you are convicted of this crime, you will be sentenced as a class C felony. This level requires that you must serve an active sentence in prison, regardless of your prior record. It also requires that you register as a sex offender for a period of no more than 30 years.