Section 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, the person does any of the following: (1) Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity.(2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity or that has been created, adapted, or modified to appear that an identifiable minor is engaged in sexual activity.(3) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits a child sex doll.(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.N.C. Gen. Stat. § 14-190.17
Amended by 2024 N.C. Sess. Laws 37,s. 2-c, eff. 12/1/2024, applicable to offenses committed on or after that date.Amended by 2008 N.C. Sess. Laws 218, s. 3, eff. 12/1/2008.Amended by 2008 N.C. Sess. Laws 117, s. 4, eff. 12/1/2008. 1985 , c. 703, s. 9; 1993 , c. 539, s. 1197; 1994, Ex. Sess., c. 24, s. 14(c).