Frequently Asked Questions (FAQ)
About Sexual Exploitation of a Minor in North Carolina
What is considered sexual exploitation of a minor in North Carolina?
Sexual exploitation of a minor includes creating, possessing, or distributing any media involving a minor in sexual acts. This also includes using or facilitating a minor’s participation in such acts for the purpose of creating pornography. This can lead to charges ranging from third-degree exploitation of a minor to first-degree, depending on the actions involved.
What are the different degrees of sexual exploitation in NC?
There are three degrees:
- First-Degree: Production or facilitation of child pornography. (Class C felony)
- Second-Degree: Exploitation of a minor: Distribution, sale, or duplication of such materials. (Class E felony)
- Third-Degree: Exploitation of a minor: Simple possession of exploitative content with knowledge of its nature. (Class H felony)
Can I be charged if I didn’t know the person was under 18?
Yes. North Carolina law does not accept age ignorance as a defense. Even if you mistakenly believed the person was of legal age, you can still face charges such as second-degree exploitation of a minor if the materials involve someone under 18.
What penalties do I face if convicted?
Penalties vary by degree:
- First-degree: 51–64 months or more in prison
- 2nd degree exploitation of a minor: 15–31 months
- Third-degree exploitation of a minor: 4–8 months
Penalties increase with prior convictions.
Will I have to register as a sex offender?
Yes. A conviction for any level of exploitation, including third-degree exploitation of a minor, requires registration on the North Carolina Sex Offender Registry. This registration is often lifelong and comes with major restrictions on residency, employment, and public perception.
What are some possible defenses against these charges?
Defenses include:
- You were falsely accused or misidentified
- The material is not pornographic in nature
- The material was not in your possession or you had no knowledge of it
- Violations of your legal rights in searches or seizures involving your devicesThese defenses may apply whether you are charged with first-degree or second-degree exploitation of a minor.
How can a criminal defense attorney help with my case?
An attorney will:
- Analyze the evidence for weaknesses
- Argue for dismissal or reduction of charges
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- Defend you aggressively in court, including charges of third-degree exploitation of a minor or higher
- Ensure your rights are not violated during investigation or prosecution
What should I do if I’m being investigated or charged?
Immediately contact a criminal defense attorney. Don’t speak to law enforcement alone. Whether facing second-degree exploitation of a minor or other serious charges, early legal guidance is critical to protect your future.
Contact a North Carolina Criminal Defense Attorney at King Law
When facing sexual exploitation charges in North Carolina, your criminal defense should start as soon as possible. This is because sexual exploitation is a serious crime that could have devastating consequences on your life. Therefore, you’ll need a defense lawyer specializing in defending people accused of sexual exploitation to fight your case.
At King Law, we understand how complicated it is to fight allegations of sexual exploitation. Our experienced lawyers have proven experience and will mount an aggressive defense on your behalf. We are committed to providing you with the best legal representation in your case. Fill out our contact form or call us at (888) 748-5464 or (888) 748-KING for a consultation on how we can fight for you and help you overcome your charges.