Sexual Exploitation of Minor in NC

Sexual Exploitation of a Minor is a common criminal charge in North Carolina, but it can be extremely stressful and incredibly dangerous to be accused of such activity. From the fallout to family and to community reputation from being arrested, to the stress of bonding out of jail, to the uncertainty of facing consequences like prison time, potential federal charges, or registration as a sex offender, you will need to hire the best attorney to guide you.

The Basic Facts about Sexual Exploitation of a Minor Charges in North Carolina

Sexual Exploitation of a Minor involves what is referred to as Child Sexual Abuse Material, commonly known as CSAM. Such material can consist of the following:

• Pictures of anyone under the age of 18 engaged in sexual activity or posed in a sexually suggestive manner
• Videos of anyone under the age of 18 engaged in sexual activity or touching themselves in a sexual manner
• Images or Videos created by Artificial Intelligence (AI) of computer generated minors under age 18 engaged in sexual activity
• Any face swapping app or software that is used to digitally place an identifiable minor under age 18 engaged in sexual activity

Sexual Exploitation of a Minor consists of three levels in North Carolina:

• 1st Degree: creation of images or videos of a real minor or AI generated minor engaging in sexual activity
• 2nd Degree: sending, receiving, or downloading child sexual abuse material
• 3rd Degree: possessing child sexual abuse material, either on a hard drive or in an online account

Each individual video file or picture can be charged separately, and even for multiple degrees, such as a 3rd degree charge for possessing the picture on a device and an additional 2nd degree charge for the same file for receiving it.

How Do Police Get Involved with Sexual Exploitation of a Minor Investigations?

Usually, local police will receive tips from various sources. These include service providers like Google, Snapchat, Kik, or Dropbox, for example. More frequently, tips will be gathered from online resources such as the Center for Missing and Exploited Children. Once a file is flagged as CSAM, people who use apps to distribute or download that file can be ID’d using their online credentials. These include things like the name of someone’s email account, their username for an app, or phone numbers that they used for their account. It also contains someone’s Internet Protocol address, or IP address. This is a unique number provided to each internet user’s network which allows police to track this material to a specific location.

What Happens Once Police Get Involved with Sexual Exploitation of a Minor Investigations?

If police have a tip that leads them to a specific account, they will first take out warrants and get access to all the data in that account. That includes the contents and files in the account, but also any personal information about the owner. Police will trace the IP address to a physical address. This process can take months from the time of the initial tip. Once police have the physical address, they will have another search warrant sworn out, this time to search the home for electronic devices. Without warning, they will storm a house using force, seizing electronic devices from everywhere including children’s rooms, and they will begin attempting to question the occupants about what information they have.

They have two goals: 1) to cause such a shocking disruption that they can catch the occupants off guard and get them to make incriminating statements, and 2) to seize devices in the hopes that they can uncover even more files which will lead to more charges.

Once police seize electronic items, they will send them off to be analyzed by their forensics officers. This process can take several weeks and can be a very dangerous time period. Often, the accused will bond out of jail to begin picking up the pieces of their life, only to be rearrested for many new charges of Sexual Exploitation of a Minor for other files found on analyzed devices. Then they are placed right back in jail on another expensive bond amount.

What are the Dangers of Sexual Exploitation of Minor Charges in North Carolina?

There are three real dangers, besides the lasting impact this will have on someone’s family and community reputation:

1. There is the possibility of a permanent felony conviction, which will have lasting consequences on everything from employment to voting to firearm ownership.
2. There is a chance for imprisonment which can be for decades based on the amount of charges, along with the fact that someone charged with Sexual Exploitation of a Minor will receive a high bond or even no bond at all. This even applies for first time offenders.
3. There is the lasting consequences of being on the Sex Offender Registry, a searchable database of all convicted sex offenders in NC. There locational restrictions related to where a registered person can live, can travel, and even what they do online.

What Should I Do if I am Being Investigated for Sexual Exploitation of a Minor Charges in North Carolina?

Regardless of whether you just missed a phone call from investigators, or if police stormed your house and took your devices, or if you have already been arrested, you will need to secure legal representation as soon as possible. Attorney Jason St. Aubin has decades of legal experience, and he focuses on getting the best results in these types of cases. That can include probation, or even felonies that can be expunged or don’t cause registration. It also includes professional help and treatment, which Jason has connections to. He will leave no stone unturned fighting for you. He cares about you, even if other people turn their backs.

For AFFORDABLE, QUALITY, COMPASSIONATE representation for Sexual Exploitation of Minor Charges in North Carolina, call St. Aubin Law today! 704 851 1155