If you are accused of being involved with possessing, receiving, or distributing child pornography, whether or not you have been charged with a crime yet, contact a child pornography lawyer immediately. The police and prosecutors in North Carolina take allegations of child pornography very seriously, whether the allegations against you involve minimal possession, the sale of materials, or the creation of child porn. Any evidence that you are involved in the sexual exploitation of minors can lead to child porn charges or other sex offenses. Most of these crimes are felonies, and if you are convicted, require sex offender registration.
At Randall & Stump, Criminal Defense Attorneys, our sex crimes lawyers know how high the stakes are when you are accused of child pornography. These accusations can tarnish your reputation and change your life immediately. A conviction can put your education, career, and family life on hold for years. For these reasons and many more, we are here to defend you aggressively. We firmly believe that everyone is innocent until proven guilty, and are not afraid to go up against prosecutors in court.
To discuss how we can help, call us at (980) 237-4579 or use our online form. We offer free and confidential investigations.
North Carolina does not have a statute labeled “child pornography.” Instead, the state breaks down unlawful conduct regarding child pornography into different degrees of sexual exploitation of a minor:
You may be charged with this crime if, knowing the character or content of the material or performance, you:
If you are accused of any of these actions, you will face a Class C felony. Sex offenses that are Class B1 through E and require sex offender registration have higher maximum penalties.
The presumptive ranges for a Class C felony sex offense are:
Second-degree exploitation of a minor encompasses when you, knowing the character or content of the material:
As a Class E felony sex offense that requires sex offender registration upon conviction, you will be subject to higher maximum penalties. Sex offenses charged between Class E and B1 felonies which are subject to registration have higher maximums.
The presumptive ranges of incarceration for a Class E sex offense include:
You can be charged with third-degree exploitation of a minor if you, knowing the character or content of the material, possess materials that contain a visual representation of a minor engaging in sexual activity.
Mere possession of child pornography is a Class H felony.
This level of a felony is not subject to the higher maximums for sex offenses. If there are aggravating factors present, the maximum term of incarceration increases.
If you are convicted of violating one or more child porn laws, then you will be required to register as a sex offender. All degrees of sexual exploitation of a minor are considered sexually violent offenses and require registration for at least 30 years. This means for three decades after you are released from confinement, your name, address, picture, and crime will be easily available to the public online. Throughout this time, you will be subject to many restrictions that limit your freedom. These can diminish your career, relationships, and ability to make a life for yourself in a community.
With a sex offense on your permanent record and the registration requirement, you will face additional challenges including:
If possible, you want to avoid sex offender registration, and the best way to do this is to work with an aggressive criminal defense attorney in Charlotte, NC.
In some situations, you may receive federal charges for child pornography. The federal authorities will have jurisdiction if they believe that your crime took place in more than one state, involved materials from outside of the United States or an Indian reservation, or used federal agencies to transport the materials, such as the U.S. Mail.
Federal penalties depend on the severity of your offense and any prior offenses. Manufacturing child pornography can result in up to 30 years in prison. A second conviction may result in up to 50 years in prison. Distributing and selling child pornography can result in up to 20 years in prison, with subsequent convictions resulting in up to 40 years in prison. Even accessing child pornography can result in up to 10 years in prison. That term increases if the minor depicted is less than 12 years old.
It can be difficult to defend against federal child pornography charges. However, with a skilled attorney by your side, we will fight to protect your rights, freedoms, and reputation against harsh accusations.
If you have been charged with a child pornography crime, whatever the degree, you need to speak with an experienced child pornography attorney. There may be one or more defenses available to you, such as:
North Carolina law specifically states that mistake of age is not a defense. You cannot create, obtain, sell, distribute, duplicate, or possess materials depicting a minor in sexual situations and claim that you though the adolescent depicted was over 18 years old. However, if you trusted legal documentation that told you the minor was over 18 years old, we may utilize this fact within you defense strategy.