North Carolina and Federal Laws
What are the laws frequently used against child predators?
See below for the primary local and federal laws regarding:
1) Child pornography
2) Solicitation of a minor for sexual activities
3) Transfer of explicit material to minors
At the bottom of our page you can find our comments that often answer frequently asked questions. A link to a credible source is provided under each law. These sources include the North Carolina General Assembly, and the Legal Information Institute of Cornell Law School.
North Carolina Laws
§ 14-190.17. Second degree sexual exploitation of a minor.
(a) Offense. – A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he:
(1) Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity; or
(2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.
(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.
§ 14-202.3. Solicitation of child by computer or certain other electronic devices
(a) Offense. – A person is guilty of solicitation of a child by a computer if the person is 16 years of age or older and the person knowingly, with the intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands, by means of a computer or any other device capable of electronic data storage or transmission, a child who is less than 16 years of age and at least five years younger than the defendant, or a person the defendant believes to be a child who is less than 16 years of age and who the defendant believes to be at least five years younger than the defendant, to meet with the defendant or any other person for the purpose of committing an unlawful sex act. Consent is not a defense to a charge under this section.
(b) Jurisdiction. – The offense is committed in the State for purposes of determining jurisdiction, if the transmission that constitutes the offense either originates in the State or is received in the State.
(c) Punishment. – A violation of this section is punishable as follows:
A violation is a Class H felony. However, if either the defendant, or any other person for whom the defendant was arranging the meeting in violation of this section, actually appears at the meeting location, then the violation is a Class G felony.
§ 14-190.7. Dissemination to minors under the age of 16 years.
Every person 18 years of age or older who knowingly disseminates to any minor under the age of 16 years any material which he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be guilty of a Class I felony.
Federal Laws
18 U.S. Code § 2252A – Certain activities relating to material constituting or containing child porn
Due to the length of this code, we have summarized it’s contents below. For more information, visit our source.
(a) Any person who—
(3) knowingly—
(B) advertises, promotes, presents, distributes, or solicits through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains
(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;
18 U.S. Code § 2422 – Coercion and enticement
(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
(b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.
18 U.S. Code § 1470 – Transfer of obscene material to minors
Whoever, using the mail or any facility or means of interstate or foreign commerce, knowingly transfers obscene matter to another individual who has not attained the age of 16 years, knowing that such other individual has not attained the age of 16 years, or attempts to do so, shall be fined under this title, imprisoned not more than 10 years, or both.
Regarding North Carolina’s child pornography law:
Section A.2 of § 14-190.17 confirms that the solicitation of explicit content from a minor is a violation. Persuading a minor to engage in this activity can be considered production. If the offender comes to obtain this content, that will be considered possession.
Regarding North Carolina’s solicitation law:
Online solicitation is a Class H felony. Showing up to the meeting, even if a minor is not actually present, is a Class G felony. It is important to clarify that simply asking a minor to meet, with the purpose of engaging in sexual activity, can result in solicitation charges. It does not matter if a meeting is actually set up. The request itself violates the law. Prior cases in North Carolina have interpreted this statute (§ 14-202.3) in many ways. Sexual charges can be brought even if 1) no sexual activity takes place, or 2) the defendant never meets the child.
Someone can be convicted of solicitation of a child by computer even they are not actually communicating with a child. The only requirement is that the defendant believes that they are communicating with a child who is under the age of 16 and at least five years younger than themself.
Regarding Federal solicitation laws:
Title 18 Section 2422 of the U.S. Code is very similar to North Carolina’s solicitation law. It states that an offender does not need to actually have sexual conduct with a minor in order to be convicted. Charges can be brought against a person even if they never left their home. It also confirms that the person they contacted does not actually have to be a minor. A person only needs to believe the victim was a minor and attempt to arrange a meeting with the victim for sexual activity. A conviction will result in a mandatory minimum sentence of at least 10 years in prison.