North Carolina prosecutes possession of child pornography under the third-degree sexual exploitation of a minor, N.C.G.S. § 14-190.17A. The offense involves knowingly possessing material that depicts a minor engaged in sexual activity, and it is a Class H felony. It also covers certain altered and computer-generated images when they depict an identifiable minor.
Penalties for Possession of Child Pornography
Third-degree sexual exploitation is a Class H felony, but there is no single sentence attached to it. North Carolina uses Structured Sentencing, a grid system that produces a range rather than a fixed number. The exact sentence will depend on:
- Prior record level, calculated from the person’s criminal history
- The sentencing range applied, whether mitigated, presumptive, or aggravated
- The circumstances of the offense itself
For a Class H felony, minimum terms can run from a few months to more than two years, with the corresponding maximum set by statute. Depending on where a defendant falls on the grid, probation may be an option. Sentencing exposure can increase significantly when prosecutors bring multiple counts. North Carolina courts have allowed separate third-degree sexual exploitation charges based on multiple prohibited images.
Will You Have to Register as a Sex Offender?
Yes. A conviction for third-degree sexual exploitation is a reportable offense under North Carolina’s sex offender registration laws. The standard registration period is generally 30 years. In some cases, certain eligible defendants may be able to petition the court to have their registration terminated after 10 years. Depending on how an offense is classified, some registrants face lifetime registration and have no option to petition for an earlier termination.
What Other Consequences Can Follow a Child Pornography Conviction?
The potential jail sentence and sex offender registration requirements are only part of the penalties a person experiences after a conviction. There are many other types of collateral consequences that can follow.
Employment
A felony sex-offense conviction can appear on criminal background checks and may make some employers less willing or legally unable to hire the applicant. Employment involving children or other vulnerable populations may be restricted or unavailable depending on the job, licensing rules, and registration requirements.
Professional Licenses
Doctors, nurses, teachers, lawyers, accountants, real estate agents, and other licensed professionals have boards and licensing agencies that govern them. Licensing boards can suspend or revoke a license based on the conviction alone, and many will. For someone whose career depends on a license, this consequence can be severe.
Housing
Having a sex crime conviction and being required to register as a sex offender makes housing much more difficult as well. State law restricts where registrants can live relative to schools and child care facilities, which eliminates entire neighborhoods. Private landlords run background checks and may deny applications as a result. Public and subsidized housing programs impose their own exclusions.
Immigration
For noncitizens, a conviction can create serious immigration consequences, including possible removal, inadmissibility, or problems with naturalization, depending on the offense and the person’s status. Lawful permanent residents can also face immigration consequences.
Reputation and Personal Life
The registry is public and searchable, which means neighbors, employers, dating partners, and family members will also be able to find the conviction and the fact that you had to register. Marriages and family relationships can be severely affected.
The impact of a conviction and sex offender registry cannot be overstated, which is why an accusation has to be aggressively defended from the moment you learn you’re being investigated or charged. Let Marcilliat & Mills, PLLC help you. Call us and schedule your confidential case consultation today.