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N.C. Gen. Stat. § 14-190.17

Second degree sexual exploitation of a minor

Applied in 5 court decisions — leading case 232 N.C. App. 152 - State v. Williams (2014)

Most recently applied in United States v. Robert Ellis (January 2021)

1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex

How often courts cite this section

20102020202110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Offense. - A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, the person does any of the following:

(1) Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity.

(2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity or that has been created, adapted, or modified to appear that an identifiable minor is engaged in sexual activity.

(3) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits a child sex doll.

(b) Inference. - In a prosecution under this section, the trier of fact may infer that a participant in sexual activity whom material through its title, text, visual representations or otherwise represents or depicts as a minor is a minor.

(c) Mistake of Age. - Mistake of age is not a defense to a prosecution under this section.

(d) Punishment and Sentencing. - Violation of this section is a Class E felony.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.