What Is Illegal to View on the Internet in North Carolina?

In North Carolina, it can be a crime to intentionally view certain types of online content, especially content involving minors. Some charges focus on the content itself. Others focus on what you do online, like threats or attempts to contact a child for sexual activity. Even if you do not save the material, investigators can still find evidence in device data, such as cached files, downloads, and account activity.

Child Pornography/Child Sexual Abuse Material

This category is treated as one of the most serious offenses under North Carolina law. The law targets sexually explicit material involving minors in North Carolina, and it can apply even when the viewing is brief. Investigators often use forensic tools to examine what your device accessed. The prosecution typically tries to prove knowledge and intent based on the circumstances and the digital record. 

Obscene Material

“Obscene” is a legal category, not just “gross” or “adult.” North Carolina courts use the Miller test, which considers three things the prosecution must prove about the material.

In plain language, the state usually must show the content:

• Appeals to a sexual interest in a way courts consider improper
• It is patently offensive by today’s legal standards
• Does not have serious value, like real educational, artistic, political, or scientific meaning

A few examples of what prosecutors often argue are “obscene” are:  

• Explicit commercial pornography with no narrative or artistic context: Content created purely to depict sexual acts for arousal, without any broader storyline, message, or expressive purpose.
• Graphic videos or images focused solely on sexual conduct: Material that emphasizes explicit acts in a way that courts may view as patently offensive and lacking any serious value.
• Content involving coercion or degradation presented for sexual stimulation: Especially where the focus is on shock value or exploitation rather than any artistic or educational purpose.
• Repeated or extreme explicit material distributed for profit: Large quantities of highly explicit content marketed or sold primarily for sexual arousal, with no claimed artistic or social value.  

Not all pornography is considered obscene under the law. In reality, most adult content is protected speech. Material is only considered obscene if it meets a strict legal test showing it is patently offensive, appeals to improper sexual interest, and lacks any serious value.

Nonconsensual Private Images

This category usually involves private, intimate images or videos of a real person that get shared without consent. The focus is often on two things: lack of permission and intent or impact, meaning the sharing is meant to shame, embarrass, or harm. Examples of what can lead to charges include:

• Posting an ex-partner’s nude or intimate image online without permission
• Sending private intimate images to the person’s friends, family, coworkers, or classmates
• Sharing the image in a group chat to cause humiliation
• Threatening to release private images unless the person agrees to something

If someone agreed to take or share the image at one point, that does not automatically mean they agreed to later distribute it to the public or to other people. 

Material Harmful to Minors

This is different from child sexual abuse material. With “material harmful to minors,” the content may involve adults, but the law targets situations where minors can be exposed to it.

In many cases, the state looks at whether:

• The material was made available to minors, or
• It was displayed or distributed in a way that minors could access it, and
• The defendant knew or should have known minors would be able to view it

If minors are actually shown in the content in a sexual way, that usually escalates into child sexual abuse material, which is treated much more severely. 

Illegal Streaming and Copyrighted Content

Pirated streams for movies and TV can create legal problems under copyright law. Copyright cases are often civil, but some conduct can expose a party to criminal liability depending on the facts. Illegal sites are also risky for malware and scams. 

For example, watching pirated content can violate copyright law. Repeated or large-scale conduct can create more serious exposure.

If you’re worried about your online activity or you’ve been contacted by law enforcement, don’t try to handle it alone. Schedule a free consultation with Marcilliat & Mills PLLC immediately.