North Carolina Child Pornography Laws
There are state and federal laws against child pornography. Under North Carolina state law, it’s against the law to possess, produce, receive, or transport child pornography. Lawmakers in North Carolina treat this sex crime as a form of child sexual exploitation.
Many child pornography cases involve cell phones, the internet, and social media. For example, sexting, the act of trading naked pictures on a cell phone, is against the law when a minor is involved.
Most Child Pornography Crimes Are Felonies in North Carolina
Almost all sex crimes involving minors are felonies in North Carolina. North Carolina law deems the following activities felonies:
- First-degree production of pornography is a Class C felony carrying a 44- to 92-month prison sentence, fines, and mandatory reporting to the sex offender registry
- Second-degree (copying or distributing) is a Class E felony sex offense with a penalty of 15 to 31 months in jail
- Third-degree possession of child pornography is a Class H felony, with a four-to-eight-month prison sentence
If the offender has prior convictions for child porn, or if the visual depictions involve violence or sexual abuse, harsher penalties are levied.
Most convictions on child pornography charges require registration on the North Carolina Sex Offender list. Once on the sex offender registration, an individual may be on the list for life.
North Carolina Child Porn and Sexual Exploitation Laws: Summary
When it comes to North Carolina’s child pornography laws, the criminal charges and penalties depend on the content of the material and the alleged behavior of the defendant.
The table below outlines North Carolina’s child pornography laws. See FindLaw’s Cyber Crimes, Sex Crimes, and Crimes Against Children articles for more information.
North Carolina Child Pornography Code Sections |
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|---|---|
What Is Prohibited Under North Carolina Child Pornography Laws? |
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First Amendment Protections? |
Child pornography is not protected speech covered by the First Amendment under North Carolina child pornography laws. |
Definition of a Minor Under North Carolina Child Pornography Law |
A person under 18 years of age. |
Definition of "Child Sexually Abusive Material" Under North Carolina Child Pornography Law |
|
Mistake of Age Defense? |
Mistake of age is not a defense to a prosecution. |
Mandatory State Sexual Offender Registry if Convicted? |
Yes |
Mandatory Reporting Requirement |
Computer technicians, information technology workers, and film developers must report child pornography to law enforcement officers if they encounter it in their work. |
Facing Issues With Child Pornography Charges in North Carolina? Talk to a Criminal Defense Lawyer
It can be challenging to navigate North Carolina’s child porn laws. If you’re facing sexual exploitation charges, consider consulting an experienced North Carolina criminal defense attorney. They’ll let you know how strong the state’s case is and help prepare a defense strategy.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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