North Carolina Sexual Exploitation of a Minor

In North Carolina, sexual exploitation of a minor involves making, distributing, or possessing child pornography. These charges are treated as felonies, and you’ll be charged according to the NC felony sentencing guidelines. Unfortunately, you cannot use mistaking their ages as a defense in a court of law. You’ll still face the law as long as the pornographic material has anyone below 18 years.

Sexual exploitation of a minor is taken as a serious offense, and these cases are harshly punished in the criminal justice system. You’ll also have to register as a sexual offender, which can be damaging to your life in a number of ways. That’s why, at King Law, we have experienced and dedicated criminal defense attorneys ready to fight for your rights. If you’ve been accused of sexually exploiting a minor, it’s best to contact a lawyer right away to discuss your rights and legal options.

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Degrees of Sexual Exploitation in NC

In the modern era, you could find yourself committing a sexual exploitation offense on your computer, over the internet, and even on your smartphone. The repercussions of this offense depend on the degree of the crime. Under the NC state and federal laws, there are three degrees of sexual exploitation of minors. These are:

Degrees of Sexual Exploitation in NC

First-Degree Sexual Exploitation of a Minor

You’ll be charged with first-degree sexual exploitation of a minor in NC if you knowingly:

Use, induce, force, facilitate, or employ a minor to engage in sexual acts for a live performance or to produce a visual representation of this activity
Let a child under your custody engage in sexual activity for the purpose of producing child pornography or in live performances
Transport or pay for the transportation of a minor to travel across North Carolina to perform or produce child pornography
Film, photograph, or copy materials depicting a minor engaging in sexual activity for financial gain

Generally, first-degree sexual exploitation of a minor is committed by anyone who facilitates or is involved in the production and participation of minors in sexual activities. This is a Class C felony in North Carolina that carries a sentence of at least 51 to 64 months for first-time offenders.

Second-Degree Sexual Exploitation of a Minor

A person will be charged with second-degree sexual exploitation of a minor if they:

Record, photograph, film, develop, or copy any material that has a minor engaging in sexual activity
Distribute, transport, sell, receive, solicit, buy, or exchange materials having a minor performing sexual acts

This is a Class E felony, with offenders receiving a possible sentence of 15 to 31 months.

Third-Degree Sexual Exploitation of a Minor

To be accused of third-degree sexual exploitation of a minor, the prosecutor will find you in possession of material containing a visual representation of a minor engaging in sexual activities and are aware of the character and content of the material. This is a Class H felony, punishable with a 4 to 8 month sentence.

Typically, being charged with sexual exploitation attracts a heavy penalty. The penalties are even worse for offenders previously convicted of any sexual offense. Therefore, don’t hesitate to contact King Law lawyers for help if you are accused of any of these crimes.

Registering on the Sex Offender Registry in NC

In addition to a prison sentence, a person convicted of sexually exploiting a minor must register on the North Carolina sex offender registry. Once registered, you’ll remain on the list until a court of law says otherwise. With this registry available to the public, finding yourself on this list could have long-term consequences for your life. Some of these include:

Loss of child custody
Restricted residency
Restricted employment
Being branded a threat

Once convicted, you’ll be branded a sexual offender, irrespective of the nature of your case. You can prevent this by hiring a reputable criminal defense lawyer who cares about your well-being.

What to Do if You’re Charged With Sexual Exploitation of a Minor in NC

If you’re being investigated or charged with sexual exploitation of a minor, you should immediately get help from an experienced NC criminal defense attorney who has handled sexual exploitation cases before. They will guide you through the case, saving you from making mistakes that could worsen your situation.

North Carolina law enforcement and prosecutors take sexual exploitation offenses seriously and try their best to inflict the maximum penalties the law allows. Therefore, you’ll need an outstanding criminal lawyer who will not only build a solid defense against your charges, but also ensure your rights are protected.

Defenses to Charges of Sexual Exploitation of a Minor

Depending on the nature of your case, you could have strong defenses that could help your case. However, you should remember that mistaking age is not a defense. With that said, here are a few possible defenses to the charges you face:

The materials were not yours or are not pornographic
Mistaken identity; you were falsely accused
Your computer was hacked
Technical legal defenses if computers and the internet are involved. This includes a violation of your right to protection against unsafe searches.

An experienced sexual exploitation criminal defense attorney at King Law will analyze your case and find the best defense to help ensure you get a favorable outcome.

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

- 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.