Section 14-190.16 - First degree sexual exploitation of a minor(a) Offense. - A person commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, the person does any of the following: (1) Uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity.(2) Permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity.(3) Transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity.(4) Records, photographs, films, develops, or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.(5) Creates for sale or pecuniary gain material created, adapted, or modified to appear that an identifiable minor is engaged in sexual activity.(6) Creates for sale or pecuniary gain a child sex doll of an identifiable minor.(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. - A violation of subdivision (a)(5) or subdivision (a)(6) of this section is a Class D felony. Any other violation of this section is a Class C felony.N.C. Gen. Stat. § 14-190.16
Amended by 2024 N.C. Sess. Laws 37,s. 2-b, eff. 12/1/2024, applicable to offenses committed on or after that date.Amended by 2008 N.C. Sess. Laws 218, s. 2, eff. 12/1/2008.Amended by 2008 N.C. Sess. Laws 117, s. 3, eff. 12/1/2008. 1985 , c. 703, s. 9; 1993 , c. 539, s. 1196; 1994, Ex. Sess., c. 24, s. 14(c); 1995 , c. 507, s. 19.5 (o) .