Adult pornography is not illegal, but child pornography is. Creating, distributing, and possessing child porn is a felony in North Carolina. Even if you thought the person involved only looked young but was at least 18, you can be charged with felony exploitation of a minor. Mistake of age is no defense.
Contact our law firm online or at 919-838-6643 to schedule a free consultation with a defense lawyer from Marcilliat & Mills PLLC if you’ve been arrested for possession or distribution of child porn. These cases are harshly punished in the criminal justice system, especially at the federal level. Get our law firm involved right away so that we have more time and more opportunities to fight the charges you face.
If you have been accused of the sexual exploitation of a minor, our Charlotte criminal defense firm can answer your questions about the criminal process, possible sentencing and to develop an effective criminal defense strategy. We have successfully defended child exploitation cases and we can help you fight for your rights.
First-Degree Sexual Exploitation Of A Minor
You may be charged with 1 st degree sexual exploitation of a minor if, knowing the character or content of the material or performance, you:
- Use, employ, induce, coerce, encourage or facilitate a person under the age of 18 to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity
- Permit a minor in your custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity
- Transport or finance the transportation of a minor through or across North Carolina with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity
- Record, photograph, film, develop or duplicate for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity
First-degree sexual exploitation of a minor is a Class D felony punishable by at least 51 to 64 months in prison, with more time given to those with criminal histories.
Second-Degree Sexual Exploitation Of A Minor
You may be charged with 2 nd degree exploitation of a minor if, knowing the character or content of the material, you:
- Record, photograph, film, develop or duplicate material that contains a visual representation of a minor engaged in sexual activity
- Distribute, transport, exhibit, receive, sell, purchase, exchange or solicit material that contains a visual representation of a minor engaged in sexual activity
Second-degree exploitation is a Class F felony punishable by at least 13 to 16 months in prison. If you have a criminal history, you may face additional time in prison.
Third-Degree Sexual Exploitation Of A Minor
You may be charged with 3 rd degree exploitation of a minor if, knowing the character or content of the material, you possess material that contains a visual representation of a minor engaging in sexual activity.
If you are convicted of third-degree sexual exploitation of a minor, you are guilty of a Class H felony and may be sentenced to four to six months of community punishment or a more severe sentence if you have a criminal history.
The Internet And Sexual Exploitation Of Minors
It’s possible that your neighbor was actually downloading child pornography through your unsecured wireless network, that you downloaded what you thought was adult porn that actually contained images of minors, or your file-sharing settings on a P2P network weren’t disabled and you now face distribution charges. Regardless of why you are facing child exploitation charges, our experienced sex crimes defense lawyers are here to help you, in state or federal court.
Contact Marcilliat & Mills PLLC Today For A Free Consult
If you have been arrested and charged with any degree of child exploitation, contact our law firm today. We understand that you want to tell your side of the story, but tell us first, not the police. For a free consult, email our defense attorneys or call 919-838-6643 today.