Exploitation of minors is a serious issue that affects vulnerable children and teenagers in many different ways. Simply put, it means using powers as an adult to influence someone who is underage by taking an unfair or harmful advantage over them. Understanding what exploitation of minors means is key to protecting these minors. Exploitation of minors is divided into 3 categories, 1st degree, 2nd degree and 3rd degree. This article serves to inform of the differences between the degrees of the charges and how you can help prevent the crime from happening in the first place.
What are the Differences Between the Different Degrees of Exploitation of a Minor?
According to NCGS § 14-190.17A, third degree exploitation of a minor requires the offender to know of the material’s content, possess it, and the content must contain a visual representation of a minor engaged in sexual activity. This is the lowest degree of this particular crime, but it still comes with a significant charge. The punishment for this charge is a Class H felony and fines. This class of felony has a maximum punishment of 39 months in prison along with fines that can vary. Under this same statute, mistake of age is not a defense. What this means is that you cannot use the excuse that you didn’t know the victim’s age, it is a strict liability crime.
According to NCGS § 14-190.17, second degree exploitation of a minor is similar to third degree exploitation, except for the fact that second degree penalizes a more significant participation degree. In second degree exploitation, there is an added element of contribution to the visual representation itself. Whether that be with the filming or distribution of it, anything under those 2 categories would place the alleged in second degree. In second degree exploitation, mistake of age is not a defense. Second degree exploitation’s punishment is a Class E felony
First degree exploitation of a minor is governed by NCGS § 14-190.16. This crime is the highest level of exploitation and the degree that receives the worst punishment. With a higher punishment, this degree of exploitation punishes for more than simple distribution or contribution. It also punishes for permitting a minor under his custody or control to engage in sexual activity for a live performance or video, creating for sale a child sex doll of an identifiable minor, transporting a minor across state lines with intent that the minor engage in sexual activity whether by live performance or video, and using, employing, inducing, coercing, encouraging or facilitating a minor to engage in or assist others to engage in sexual activity for a live performance or video. The punishment for first degree exploitation of a minor is a Class C felony. A Class C felony has a punishment of a maximum of 231 months in prison.
How Can I Prevent This?
The best way to prevent this crime from happening is to report any suspicion you have to the local law enforcement. Child pornography comes with its own charge, but exploitation of minors could also be charged in the event law enforcement finds child pornography. Law enforcement has a specialized approach to finding facts regarding this crime and they should be your first point of contact in the event you suspect anyone of containing these types of materials.
What Should I Do if I Am Charged with Exploitation of a Minor?
Being charged with exploitation of a minor is incredibly serious no matter the degree. Felony charges can impact your freedom, future and reputation. Regardless of the degree of exploitation you are charged with, building your defense is key to your case. As previously mentioned, these charges come with felony charges of different levels. The attorneys at Jetton & Meredith can provide you with professional legal help.
Contact the offices of Jetton & Meredith as soon as possible if you find yourself in the unfortunate situation of having a charge of this nature against you.