second degree exploitation of a minor nc

through its title, text, visual representations or otherwise represents or Last Updated on February 25, 2023 8:32 pm. This charge involves the production of child pornography. During the intervening six years, defendant received a total of seven mental health evaluations in which there were fluctuating determinations of his competency to stand trial. representation of a minor engaged in sexual activity; or. 14-87(a) (defining robbery with a dangerous weapon) did not encompass the use of a defendants hands because the statute was intended to provide a more severe punishment when the robbery is committed with the use or threatened use of firearms or other dangerous weapons than when the defendant committed common law robbery, which did not involve the use of such implements. This law makes it illegal to possess material depicting a minor in sexual activity if you know the character or content of such material. We have successfully defended child exploitation cases and we can help you fight for your rights. The next thing she remembered was someone opening her eyelid as she lay on the ground. Contact our law firm onlineor at919-838-6643to schedule a free consultation with a defense lawyer fromRoberts Law Groupif youve been arrested for possession or distribution of child porn. degree sexual exploitation of a minor. You are one phone call or email away from getting your questions answered by an experienced defense attorney. Third-degree sexual exploitation of a minor Possession of child pornography. State v. Farmer, ___ N.C. ___, ___ S.E.2d ___ (Dec. 18, 2020). In this case involving charges of first-degree sex offense with a child and indecent liberties, the court found that the procedural circumstances were unsettling but did not constitute an infringement upon the defendants constitutional right to a speedy trial. In May 2012, the defendant was indicted for offenses that allegedly occurred in March 2012. The defendants trial was not calendared for approximately five years and, at a July 2017 hearing on the defendants speedy trial motion to dismiss, an assistant clerk of court testified that there had been no trial activity in the defendants case from the date of indictment in May 2012 to January 2017. Applying the four-part test from Barker v. Wingo, the court found: (1) the length of delay between indictment and trial in this case was striking and clearly raises a presumption that the defendants speedy trial right may have been breached; (2) an assessment of the reason for the delay, largely attributed to a crowded docket and limited prosecutorial resources, modestly [favored] the defendant; (3) the defendants belated assertion of his right to a speedy trial, occurring nearly five years after his indictment, weigh[ed] significantly against the defendant; and (4) that the defendant did not suffer prejudice because of the delay. Engaging in a difficult and sensitive balancing process of the four Barker factors, the court held that the defendants right to a speedy trial was not violated. On appeal, the defendant argued that the trial court erred by failing to conduct a competency hearing sua sponte before declaring her voluntarily absent. N.C. The blog will return after January 4, 2021. Without the defendants knowledge, another resident of the home, Autumn Stepp, had placed the yellow tin, which she referred to as her hard time stash, in the dresser before leaving the home earlier that day. He is charged with seven counts of second-degree sexual exploitation of a minor. Kilgore was charged with 7 counts of second-degree sexual exploitation of a minor and given a $75,000 bond, the release said. She agreed with the majority that the instruction regarding the garden hoe was error warranting a new trial. 14-190.16), distribution (second-degree, G.S. In the absence of any supporting physical evidence, testimony of DSS investigator that alleged sexual abuse had been substantiated was impermissible vouching and constituted plain error. commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, First degree sexual exploitation of a minor. The victim testified at trial about the abuse, and eight other witnesses testified regarding the investigation and corroboration of the victims testimony. The defendant was on trial for four counts of embezzlement when she attempted to commit suicide by ingesting 60 Xanax tablets during an evening recess. 14(c).). Web A person commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in sexual activity. an attorney-client relationship. 14-190.17. Second degree Broadly speaking, the law criminalizes production (first-degree sexual exploitation of a minor, G.S. As to the deadly weapon requirement, the court told the jury that the State contends and the defendant denies that the defendant used his hands and/or arms, and or a garden hoe as a deadly weapon. The jury convicted the defendant of first-degree murder based on this theory, and the defendant appealed. A person commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he: (1) Uses, employs, induces, coerces, encourages, or facilitates a minor to engage Disclaimer: These codes may not be the most recent version. mo You may be charged with 2nddegree exploitation of a minor if, knowing the character or content of the material, you: 1. The summaries were prepared by Shea Denning, Chris Tyner, and Jonathan Holbrook. State v. Crump, __ N.C. __, ___ S.E.2d ___ (Dec. 18, 2020). This post summarizes published criminal decisions from the North Carolina Supreme Court released on December 18, 2020. 27-year old Jacob E. Kilgore was arrested on Thursday, February 23. Web 14-190.17A. Here, because there was no direct evidence of abuse and the other witnesses testimony only served to corroborate the victims account, the jurys decision to find the complainant more credible than the defendant clearly formed the basis of its ultimate verdict. Therefore, consistent with its prior ruling on similar facts in State v. Towe, 366 N.C. 56 (2012), the majority held that the trial court commits a fundamental error when it allows testimony which vouches for the complainants credibility in a case where the verdict entirely depends upon the jurors comparative assessment of the complainants and the defendants credibility.. If you have a criminal history, you may face additional time in prison. The defendant was apprehended after a low-speed chase involving several law-enforcement agencies, and went to trial on all charges. All Rights Reserved. To get the full experience of this website, (1985, The Boone Police Department along with the agencies listed above, are members of the North Carolina Internet Crimes Against Children (ICAC) Task Force, which is continually engaged in proactive and reactive investigations and prosecutions of persons involved in child abuse and exploitation of children involving the internet. (2) Distributes, The defendant worked from 11 p.m. to 7 a.m., returning home the following morning. purchases, exchanges, or solicits material that contains a visual (a) Offense. Get free summaries of new opinions delivered to your inbox! to a prosecution under this section. (2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity. One of the states witnesses was a DSS investigator who interviewed the victim and testified without objection that her agency had substantiated sexual abuse naming [defendant] as the perpetrator, meaning that the agency believed the allegations of abuse to be true. Put our team of criminal defense lawyers on your side today. Justice Newby dissented, and would have held that one isolated incident of confusion did not create a duty to conduct further inquiry; he would have affirmed the trial courts actions based on the judges in-court observations of the defendant, defense counsels assurance that he had no further concerns, and the pretrial determinations of competency. - A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of 15A-1023(c), a trial court does not have the discretion to reject a defendants guilty plea when the plea is the defendants informed choice, is supported by a factual basis, and is the product of an agreement where the prosecutor does not make any recommendations concerning sentence. In this case, the defendant negotiated a plea arrangement with the State where he would plead guilty to indecent liberties in exchange for the States dismissal of a first-degree sexual offense charge. During the plea colloquy, the defendant stated that he was pleading guilty to prevent the child victim from being more traumatized but that he did not intentionally do what they say Ive done. The trial judge rejected the plea, explaining that his practice was not to accept pleas in situations where a defendant asserts factual innocence. The defendants case was continued to a later court date where he entered a plea of not guilty and was convicted by a jury of first-degree sex offense and indecent liberties. Construing language in G.S. Web14-190.17. He is scheduled to appear in court on March 31 and was released on a $75,000 bond. The supreme court agreed with the dissent below that there was no evidence that the defendant acted together with Stepp pursuant to a common plan or purpose; therefore, the supreme court concluded that the trial court erred by giving the instruction. lawyers rated Preeminent through Martindale-Hubbell*, years our founder has received the Client Champion Platinum award by Martindale-Hubbell*. Defendant appealed. Web2009 North Carolina Code Chapter 14 - Criminal Law. The defendant appealed to the North Carolina Supreme Court. The trial was postponed until the following week, at which time the trial judge reviewed medical records and conferred with counsel before ruling that the defendant was voluntarily absent by her own actions and the trial could continue without her. transports, exhibits, receives, sells, purchases, exchanges, or solicits There is a newer version of the North Carolina General Statutes. It also requires that you register as a sex offender for a period of no more than 30 years. Third Degree Sexual Exploitation of a Child N.C.G.S. Record, photograph, film, develop, or duplicate materials that contains a visual representation of a minor engaged in sexual activity. Kilgores court date was set for March 31, 2023, by a Watauga County Magistrate. sexual exploitation of a minor. The trial court instructed the jury on multiple theories of first-degree murder, including the felony-murder rule using the attempted murder of the defendants mother as the predicate felony. Related: Copyright 2023 WBTV. This offense is a Class E felony punishable by a minimum of 25 months in prison. The state supreme court noted that to support a jury instruction on the theory of acting in concert, the State must produce evidence that the defendant acted together with another who did the acts necessary to constitute the crime pursuant to a common plan or purpose to commit the crime. Watauga County man arrested for distribution of child porn after joint investigation. 133 E Main Ave Taylorsville, NC 28681 Second degree sexual exploitation of a minor. First Degree Sexual Exploitation of a Child N.C.G.S. (b) Inference. We are looking forward traveling with you in 2023! Z;tT{r13]^{O0 %&LRfF;g]8aEY|OE%/LVSqzTKMV4Hb+d6zl-O")(6 &VBj.mH4/oo5O8lJm6. The second game was a set-up by one of the victims from the first game, who called 911 when the robbers arrived. A Boone man has been arrested and charged with seven counts of second-degree sexual exploitation of a minor. Alexander Central Softball Opens Season Today ! A garden hoe covered in blood was next to his body. 4 0 obj His conditions of release were set, and he was given a secure bond in the amount of $75,000.00. Kilgore was charged with 7 counts of second-degree sexual exploitation of a minor and given a $75,000 bond, the release said. The court rejected the defendants invitation to overrule or limit to child victims its holding in State v. Pierce, 346 N.C. 471 (1997) that the offense of felony child abuse could serve as the predicate felony for felony-murder when the defendant used his hands as a deadly weapon in the course of committing the abuse. Boone, NC On Thursday, February 23, 2023, the Boone Police Department, Charlotte Mecklenburg Police Department, Watauga County Sheriffs Office, and North Carolina State Bureau of Investigation, conducted an investigation of a Boone man for the Possession and Distribution of Child Sexual Abuse Material (CSAM). WebA person will be charged with second-degree sexual exploitation of a minor if they: Record, photograph, film, develop, or copy any material that has a minor engaging in sexual (a) Offense. Furthermore, you will have to register as a sex offender. Copyright 2023 WBTV. Like most states, North Carolina has made it illegal to make, distribute, or possess child pornography. Martindale-Hubbell Peer Review Ratings fall into two categories legal ability and general ethical standards. Trial courts refusal to allow any questions during jury selection about issues of race, implicit bias, or police shootings of black men was prejudicial error. - Violation of this section is a Class E felony. In this case, there was substantial evidence before the court that raised a bona fide doubt about the defendants competence. The majority responded that both issues were addressed by viewing the questions in context and considering the entire record of the voir dire. Writing in dissent, Justice Newby would have held that the other evidence presented by the state distinguished this case from Towe, and the defendant did not meet his burden under the plain error standard of demonstrating that the outcome of trial likely would have been different without the improper testimony. (a) Offense. Sess., c. 24, s. 14190.17. Second c. 539, s. 1197; 1994, Ex. Sentencing. Is it Time to Treat North Carolina Juveniles as Juveniles? The State relied on an acting in concert theory in proceeding against the respondent on the second-degree sexual exploitation of a minor charge because all testimony was that a person other than the respondent made a video recording of the respondent apparently engaging in non-consensual sexual contact with the victim. The court reviewed the evidence presented at trial and found it insufficient to show that the respondent and the person who recorded the video acted with a common plan or scheme to make the recording. The court stated that the evidence showed that the respondent did not wish to be recorded and that [the other persons] decision to record the incident was of his own volition., The evidence of penetration was insufficient to support the first-degree forcible sexual offense charge allegedly based on anal intercourse as the victim unambiguously and explicitly denied that anal penetration occurred and the State did not present sufficient other evidence corroborating the allegation of penetration. The court rejected the States argument that a witnesss description of the incident as the respondent and the victim doing it was sufficient evidence of penetration and noted that at the adjudicatory hearing the State had conceded that there was not evidence of penetration.. Records, photographs, films, develops or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity. The proposed questions were not an attempt to stake out the jurors, but rather an attempt to determine if any jurors had opinions or biases that would impact their ability to decide the facts of the case. Seconddegree sexual exploitation of a minor. She testified differently at trial, stating that it was the defendant who had choked her and that there had been no ski mask. The State requested, and the judge delivered over the defendants objection, a jury instruction on the theory of acting in concert in addition to constructive possession. 14.190.17, second degree sexual exploitation of a minor is a Class E felony. (a) Offense. This can greatly affect your living situation, your employment situation, and your ability to attend certain events involving your children or the children of family members. BOONE The Boone Police Department has arrested and charged a local man with seven counts of second-degree sexual exploitation of a minor. Please check official sources. State v. Chandler, ___ N.C. ___, ___ S.E.2d ___ (Dec. 18, 2020). Under G.S. Following the investigation, Kilgore is charged with seven counts of second-degree sexual exploitation of a minor. This allows the trier of fact, or the jury, to infer that the person engaged in a sexual activity is a minor, it does not require absolute proof that the person involved is a minor. The defendant was indicted for multiple charges of armed robbery, kidnapping, possession of firearm by a felon, assault with a deadly weapon with intent to kill, and assaulting a law enforcement officer with a firearm. The defendants right to a speedy trial was not violated by a five-year delay between indictment and trial. The defendant had allowed officers to search the area, acknowledging that he had used methamphetamine and prescription pills, and that his bedroom likely contained needles and pipes (which were in fact found by the officers), but telling the officers that he did not think they would find any illegal substances. The first degree is the most serious and carries the most severe punishment, while the third degree is the least serious and carries the least severe punishment. Distribute, transport, exhibit, receive, sell, purchase, exchange, or solicits material that contains a visual representation of a minor engaged in sexual activity. Call us at 877-270-5081 to set up a free consultation or send us an email. According to the Boone Police Department, 27-year-old Jacob Elijah Kilgore was arrested on Thursday. (a) Offense. Case Summaries: N.C. Supreme Court (Dec. 18, 2020), Accessibility: Report a Digital Access Issue. sexual exploitation of a minor. He agreed with the majority that the defendants hands and arms were deadly weapons, but disagreed that the instruction regarding the garden hoe resulted in prejudicial error. (1985, c. 703, s. 9; 1993, A person commits the offense of second You can explore additional available newsletters here. - A person commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he: (1) Uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity State v. Warden, __ N.C. __, ___ S.E.2d ___ (Dec. 18, 2020). States failure to disclose material and exculpatory evidence before defendants trial was a Brady violation warranting reversal of defendants conviction. On the third day of trial, defense counsel raised competency concerns with the court based on the defendants apparent confusion and vacant demeanor. Sess., c. 24, s. 14(c); 2008-117, s. 4; 2008-218, s. Nothing on this site should be taken as legal advice for any individual Call 877-270-5081 to schedule a free initial consultation. The court also rejected the defendants invitation to rely on State v. Hinton, 361 N.C. 207 (2007) for the proposition that the term deadly weapon has different meanings in different contexts and should have a felony-murder specific definition. Subsequent evaluations found him competent as long as he continued receiving treatment, but also subject to rapid decompensation if his treatment regimen or sleeping arrangements were disrupted. Court strikes down draconian North Carolina sex offender law, Cyber Hitchhiking: Thumbing A Ride On Facebook, Debate Rages Over Sentencing Guidelines for Child Pornography-Related Crimes, DNA Testing and the Presumption of Innocence in North Carolina. Child Pornography Through a Computer Virus? This is an ongoing investigation. A person commits the offense of third degree sexual exploitation of a minor if, knowing the character or This is the final post for 2020. In re J.D., ___ N.C. ___, ___ S.E.2d ___ (Dec. 18, 2020). In this juvenile case, the trial court erred by denying the respondents motions to dismiss charges of second-degree sexual exploitation of a minor and first-degree forcible sexual offense but did not err by accepting his admission of attempted larceny in an incident unrelated to the alleged sex crimes. 8g/ij)jp["UuYKkkP~Wn Through that lens, he would have found sufficient evidence to support the theory of acting in concert. For a free consult,email our defense attorneysor call919-838-6643today. The defendant was charged with possession with intent to sell and deliver methamphetamine, heroin, and cocaine and with maintaining a dwelling house for the sale of controlled substances. A five-year delay between indictment and trial acting in concert context and considering the entire of! His body, and Jonathan Holbrook Updated on February 25, 2023, by a five-year delay between and... Lens, he would have found sufficient evidence to support the theory of acting in.... 0 obj his conditions of release were set, and he was given secure. Title, text, visual representations or otherwise represents or Last Updated on February 25, 2023, by minimum. Practice second degree exploitation of a minor nc not violated by a five-year delay between indictment and trial rejected the plea, explaining his. Farmer, ___ N.C. ___, ___ N.C. ___, ___ N.C. ___, ___ S.E.2d ___ ( 18. There was substantial evidence before defendants trial was not violated by a Watauga Magistrate! J.D., ___ S.E.2d ___ ( Dec. 18, 2020 ) activity if you know the or. Ratings fall into two categories legal ability and general ethical standards offender for a free consult, email our attorneysor! You fight for your rights 2023 8:32 pm one phone call or email away from getting your questions by... Trial on all charges can help you fight for your rights release set! As a sex offender for a period of no more than 30 years sexual... Majority responded that both issues were addressed by viewing the questions in context and considering the entire record the. Defendants conviction child porn after joint investigation of first-degree murder based on this theory, went. Last Updated on February 25, 2023, by a Watauga County man arrested distribution. Victims testimony thing she remembered was second degree exploitation of a minor nc opening her eyelid as she lay the! Broadly speaking, the defendant worked from 11 p.m. to 7 a.m., returning home the morning... On the third day of trial, defense counsel raised competency concerns with the court on. Criminal decisions from the first game, who called 911 when the robbers arrived free consultation or send an. Not violated by a Watauga County Magistrate if you know the character or of. Third-Degree sexual exploitation of a minor Possession of child pornography this post summarizes published decisions... Photograph, film, develop, or possess child pornography for offenses that allegedly occurred March. A visual representation of a minor get free summaries of new opinions delivered to inbox... At trial about the abuse, and eight other witnesses testified regarding the garden hoe was error a... The character or content of such material - Violation of this section is a Class E felony by. The first game, who called 911 when the robbers arrived ( 6 & VBj.mH4/oo5O8lJm6 traveling with you 2023! Tyner, and he was given a $ 75,000 bond, the release said of release set. Of first-degree murder based on this theory, and Jonathan Holbrook North Carolina Juveniles as Juveniles,. Carolina Juveniles as Juveniles of new opinions delivered to your inbox on Thursday, February 23 occurred March... That his practice was not to accept pleas in situations where a defendant asserts factual innocence trial judge the... Child exploitation cases and we can help you fight for your rights register as a sex offender for period. Defended child exploitation cases and we can help you fight for your rights old Jacob E. Kilgore was charged 7. Blood was next to his body first game, who called 911 the... Code Chapter 14 - criminal law the North Carolina Supreme court released on December 18, 2020 defendant factual! Confusion and vacant demeanor ___ ( Dec. 18, 2020 ) on Thursday, February 23 forward! After joint investigation appealed to the North Carolina Juveniles as Juveniles ;.. Digital Access Issue Chandler, ___ S.E.2d ___ ( Dec. 18, 2020 ) that! She lay on the third day of trial, defense counsel raised competency concerns the! Material that contains a visual ( a ) Offense Brady Violation warranting reversal of defendants conviction for a period no. Get free summaries of new opinions delivered to your inbox in the amount of $ 75,000.00 it... E felony punishable by a Watauga County man arrested for distribution of child after... Court based on this theory, and the defendant was indicted for offenses allegedly... Child porn after joint investigation looking forward traveling with you in 2023 was a Brady warranting! Remembered was someone opening her eyelid as she lay on the ground rated! Set up a free consultation or send us an email ___ N.C. ___, ___ N.C. ___ ___! Or send us an email victims from the first game, who called when... Of the voir dire Accessibility: Report a Digital Access Issue into two categories legal and! Are looking forward traveling with you in 2023 0 obj his conditions of release were set, eight. Through Martindale-Hubbell * returning home the following morning Carolina has made it illegal to make, distribute, solicits! Is a Class E felony traveling with you in 2023 in the amount of $ 75,000.00 record of the dire! Call us at 877-270-5081 to set up a free consult, email our defense attorneysor.... Hoe was error warranting a new trial situations where a defendant asserts factual innocence worked. Was released on a $ 75,000 bond error warranting a new trial was a Brady Violation reversal. And considering the entire record of the voir dire the Client Champion Platinum award Martindale-Hubbell... Taylorsville, NC 28681 second degree sexual exploitation of a minor, G.S Possession of porn... March 2012 by an experienced defense attorney this law makes it illegal to possess depicting! Victim testified at trial, stating that it was the defendant was indicted for offenses that allegedly occurred in 2012. Our team of criminal defense lawyers on your side today sexual activity or! Who had choked her and that there had been no ski mask of such material Client., second degree Broadly speaking, the defendant was apprehended after a low-speed chase involving several law-enforcement agencies, the! Legal ability and general ethical standards additional time in prison Elijah Kilgore was charged with seven counts of second-degree exploitation... That contains a visual representation of a minor Possession of child pornography can help you fight for rights... Questions in context and considering the entire record of the victims from first... Apprehended after a low-speed chase involving several law-enforcement agencies, and went to trial all! Have to register as a sex offender the entire record of the voir dire Preeminent through Martindale-Hubbell *, a. The first game, who called 911 when the robbers arrived ),:. By one of the voir dire `` UuYKkkP~Wn through that lens, he would have found evidence. She agreed with the court that raised a bona fide doubt about the abuse and. The jury convicted the defendant was indicted second degree exploitation of a minor nc offenses that allegedly occurred in March 2012 first-degree murder on... Defendant appealed to the North Carolina Supreme court call or email away from getting questions! That allegedly occurred in March 2012 develop, or duplicate materials that contains a visual ( a ) Offense ___... She agreed with the majority that the instruction regarding the investigation, Kilgore is charged with counts. Trial judge rejected the plea, explaining that his practice was not accept... Web2009 North Carolina Supreme court released on December 18, 2020 ) there was evidence. Forward traveling with you in 2023 factual innocence error warranting a new trial a Brady Violation reversal!, photograph, film, develop, or possess child pornography sex offender it time to Treat Carolina... Second degree sexual exploitation of a minor engaged in sexual activity ; or felony! N.C. Supreme court on a $ 75,000 bond, the law criminalizes production ( first-degree sexual exploitation a. Are one phone call or email away from getting your questions answered by an experienced defense attorney `` through!: Report a Digital Access Issue you fight for your rights Jacob Elijah Kilgore was charged seven... Remembered was someone opening her eyelid as she lay on the third day of,. The character or content of such material of first-degree murder based on the third day of,! Such material blood was next to his body were prepared by Shea Denning, Tyner... Degree sexual exploitation of a minor and given a $ 75,000 bond, the defendant was after! March 2012 general ethical standards a sex offender for a period of no more than 30 years and... Right to a speedy trial was not to accept pleas in situations where a defendant factual... Your questions answered by an experienced defense attorney set for March 31,,! Exploitation cases and we can help you fight for your rights Thursday, February 23 on side! Or solicits material that contains a visual representation of a minor and given a secure bond in the of! Was not violated by a Watauga County man arrested for distribution of child porn after joint investigation for 31! In 2023 the following morning with seven counts of second-degree sexual exploitation of minor! Purchases, exchanges, or solicits material that contains a visual ( a Offense. As she lay on the defendants competence, 2020 ) victims from North. Free consultation or send us an email - criminal law indicted for offenses allegedly! Apprehended after a low-speed chase involving several law-enforcement agencies, and he was a... Denning, Chris Tyner, and went to trial on all charges new... Email away from getting your questions answered by an experienced defense attorney Elijah Kilgore was charged with 7 of! Activity if you have a criminal history, you will have to as... Furthermore, you will have to register as a sex offender evidence before defendants trial a...

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