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. (1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. Sess., c. 24, s. 14(c); 2008-117, s. 4; 2008-218, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 26 - Offenses Against Public Morality and Decency.
§ 14-177 - Crime against nature.
§ 14-184 - Fornication and adultery.
§ 14-190.1 - Obscene literature and exhibitions.
§ 14-190.4 - Coercing acceptance of obscene articles or publications.
§ 14-190.5 - Preparation of obscene photographs, slides and motion pictures.
§ 14-190.5A - Disclosure of private images; civil action.
§ 14-190.6 - Employing or permitting minor to assist in offense under Article.
§ 14-190.7 - Dissemination to minors under the age of 16 years.
§ 14-190.8 - Dissemination to minors under the age of 13 years.
§ 14-190.9 - Indecent exposure.
§ 14-190.13 - Definitions for certain offenses concerning minors.
§ 14-190.14 - Displaying material harmful to minors.
§ 14-190.15 - Disseminating harmful material to minors; exhibiting harmful performances to minors.
§ 14-190.16 - First degree sexual exploitation of a minor.
§ 14-190.17 - Second degree sexual exploitation of a minor.
§ 14-190.17A - Third degree sexual exploitation of a minor.
§ 14-190.20 - Warrants for obscenity offenses.
§ 14-196.3 - (Effective until January 1, 2023) Cyberstalking.
§ 14-199 - Obstructing way to places of public worship.
§ 14-202 - (Effective until January 1, 2023) Secretly peeping into room occupied by another person.
§ 14-202.1 - Taking indecent liberties with children.
§ 14-202.2 - Indecent liberties between children.
§ 14-202.4 - Taking indecent liberties with a student.
§ 14-202.5 - Ban online conduct by high-risk sex offenders that endangers children.
§ 14-202.5A - Liability of commercial social networking sites.