Child Pornography

Child Pornography Crimes and Sexual Exploitation of a Minor Laws in North Carolina

N.C.G.S. § 14-190.16, 14-190.17 and 14-190.17A 1st, 2nd, and 3rd Degree Sexual Exploitation of a Minor, commonly known as Child Pornography crimes

Raleigh Child Pornography LawyerPossessing, distributing, or creating child pornography, or sexually explicit pictures of children under the age of 18, is a felony in North Carolina. While these crimes are sometimes prosecuted at the state level, given the common use of the internet in these crimes, they are sometimes escalated to the federal court system, making the consequences much more severe. Even if the accused person thought that the person was at least 18 years of age, the lack of knowledge of actual age is not a defense in these crimes.

First Degree Sexual Exploitation of a Minor (Production of Child Pornography)

This is when a person either:

  • Employs, coerces, encourages, uses or facilitates a person under the age of 18 to either participate in or helps others to participate in sexual activity for either a live performance of to produce material that contains a visual representation such as pictures or videos depicting this activity.
  • Permits a minor under his custody or control to engage in sexual activity for either a live performance of to produce material that contains a visual representation such as pictures or videos depicting this activity.
  • Transports of finances the transportation of a minor through or across the State with the intent that the minor engage in sexual activity for either a live performance of to produce material that contains a visual representation such as pictures or videos depicting this activity.
  • Records, photographs, films, develops, or duplicates material that contains a visual representation depicting a minor engaged in sexual activity.

Second Degree Sexual Exploitation of a Minor (Copying or Distributing)

A person commits this crime when he:

  • Records, photographs, films, develops, or duplicates material that contains a visual representation  of a minor engaged in sexual activity.
  • Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contain a visual representation of a minor engaged in sexual activity.

Third Degree Sexual Exploitation of a Minor (Possession)

This is when a person, knowing the type or content of the material, possesses material that contains a visual representation of a minor engaging in sexual activity.

State Level Penalties for Child Pornography

State level penalties are much less harsh than federal penalties.

First Degree Sexual Exploitation of a Minor is a Class C felony with a sentence of 44 to 92 months for a first time offender.

Second Degree is a Class E felony with a sentence of 15 to 31 months.

Third degree is a Class H felony with a 4-8 month sentence.

Federal Level Penalties for Child Pornography

Under federal law, if you are a first time offender and you are convicted of a violating federal child pornography laws, the penalties can be:

  • Mandatory minimum of 15 years to a maximum of 30 years in prison plus fines for producing child pornography
  • Mandatory minimum of 5 years to a maximum of 20 years in prison plus fines for receipt, distribution, or possession with the intent to distribute child pornography
  • Up to 20 years in prison plus fines for the possession of child pornography

Under federal law, first-time offenders convicted of:

  • Producing child pornography face fines and a required minimum of 15 years to 30 years maximum in prison
  • Receipt, distribution or possession with the intent to distribute child pornography in interstate or foreign commerce face fines and a statutory minimum of five years to 20 years in prison
  • Possessing child pornography could be sentenced to up to 10 years in prison when victims are older than 12 or up to 20 years for younger victims

– See more at: http://www.ccolawyers.com/what-we-do/sex-offenses-defense/child-pornography/#sthash.04LNLgAd.dpuf

Under federal law, first-time offenders convicted of:

  • Producing child pornography face fines and a required minimum of 15 years to 30 years maximum in prison
  • Receipt, distribution or possession with the intent to distribute child pornography in interstate or foreign commerce face fines and a statutory minimum of five years to 20 years in prison
  • Possessing child pornography could be sentenced to up to 10 years in prison when victims are older than 12 or up to 20 years for younger victims

– See more at: http://www.ccolawyers.com/what-we-do/sex-offenses-defense/child-pornography/#sthash.04LNLgAd.dpuf

Under federal law, first-time offenders convicted of:

  • Producing child pornography face fines and a required minimum of 15 years to 30 years maximum in prison
  • Receipt, distribution or possession with the intent to distribute child pornography in interstate or foreign commerce face fines and a statutory minimum of five years to 20 years in prison
  • Possessing child pornography could be sentenced to up to 10 years in prison when victims are older than 12 or up to 20 years for younger victims

– See more at: http://www.ccolawyers.com/what-we-do/sex-offenses-defense/child-pornography/#sthash.04LNLgAd.dpuf

Protecting Yourself on the Internet

Child pornography cases in Raleigh or Wake County  commonly deal with videos and images that are either inadvertently downloaded when legal adult pornography is viewed or shared with file sharing services. While some people intentionally possess and distribute pornographic images of children, many others find themselves in possession inadvertently as a result of thousands of other images of adult pornography being downloaded and shared.

Given the seriousness of these types of allegations, one of your first steps should be to ensure that your wireless network is secured so that a neighbor cannot use your network to download elicit materials.

Protecting Yourself During the Investigation

Most child pornography charges come as a result of a lengthy investigation. Part of the investigation you might be completely unaware of, but in certain situations, law enforcement will make contact to schedule an interview and ask questions. It is critical that you seek pre-arrest representation from an experienced sex crimes lawyer prior to speaking to anyone as part of an investigation. You want to prevent authorities from gathering further information they need to charge you with this crime and from successfully prosecuting you. You should never speak to law enforcement in these types of cases without the guidance of a knowledgeable criminal lawyer.

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