Sexual Exploitation of a Minor – North Carolina, like every other jurisdiction in the country has several laws against the possession of child pornography. In North Carolina, the crime is typically referred to as sexual exploitation of a minor. These charges are felonies and follow the North Carolina felony sentencing guidelines. Further, conviction of these charges requires sex offender registration. In this blog we will give a brief overview of the degrees of sexual exploitation of a minor. Like all our blogs, this is not intended as a substitute for the advice and counsel of a criminal defense attorney.

First degree sexual exploitation of a minor

First degree sexual exploitation of a minor is covered by North Carolina General Statute 14-190.16. Under this statute “A person commits the offense of first-degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he:

(1)        Uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or

(2)        Permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or

(3)        Transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or

(4)        Records, photographs, films, develops, or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.”

Second degree sexual exploitation of a minor

Second degree sexual exploitation of a minor is covered by North Carolina General Statute 14-190.17. Under this statute “A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he:

(1)        Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity; or

(2)        Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.”

Second degree sexual exploitation of a minor is punished as a Class E felony.

Third degree sexual exploitation of a minor

Third degree sexual exploitation of a minor is covered by North Carolina General Statute 14-190.17A. Under this statute “a person commits the offense of third-degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in sexual activity.”

Third degree sexual exploitation of a minor is punished as a Class H felony.

If you have been charged with any of these crimes, you should contact a criminal defense lawyer immediately.