(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. (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; 2024-37, s. 2(c).)
Notes of Decisions
Cinema I Video, Inc. v. Thornburg, 351 S.E.2d 305 (N.C. Ct. App. 1986).
· cites it 35× “16 and G.S. 14-190.17 are substantially overbroad and vague in violation of the First and Fourteenth Amendments of the United States Constitution and Article I, sec.”
State v. Fletcher, 807 S.E.2d 528 (N.C. 2017).
· cites it 4× “loitation of a minor charge did not need to depict actual sexual activity, defendant contends that the relevant statutory provision requires "that a minor actually be exposed to sexual activity" on the grounds that the presence or absence of such activity "is one distinction…”
State v. Williams, 754 S.E.2d 418 (N.C. Ct. App. 2014).
· cites it 8× “Pursuant to N.C. Gen. Stat. § 14-190.17 , a person commits second-degree sexual exploitation of a minor when, knowing the nature or content of the material, he (1) Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor…”
State v. Corbett, 824 S.E.2d 875 (N.C. Ct. App. 2019).
· cites it 2× “]" *100 N.C. Gen. Stat. § 14-190.17 (2017). The definition of "sexual activity" for purposes of both first-degree and second-degree sexual exploitation of a minor includes "[t]he lascivious exhibition of the genitals or pubic area[.”
State v. Jones, 789 S.E.2d 651 (N.C. Ct. App. 2016).
· cites it 2× “Pursuant to N.C. Gen.Stat. § 14-190.17, a person commits second-degree sexual exploitation of a minor when, knowing the nature or content of the material, he (1) Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor…”
In Re Mashburn, 591 S.E.2d 584 (N.C. Ct. App. 2004).
· cites it 2× “16 and G.S. 14-190.17; promoting the prostitution of the juvenile as *596 provided in G.”
State v. Breathette, 690 S.E.2d 1 (N.C. Ct. App. 2010).
· cites it 2× “In setting out the language at issue here, the Court in Cinema I Video was addressing whether two of North Carolina’s child pornography statutes — - N.C. Gen. Stat. § 14-190.16 (first degree sexual exploitation of a minor) and N.”
State v. Diaz, 808 S.E.2d 450 (N.C. Ct. App. 2017).
· cites it 3× “Motion to Dismiss the Abduction of a Child Charge Defendant next argues the trial court erred by denying his motion to dismiss the abduction of a child charge.”
In re M.G., 653 S.E.2d 581 (N.C. Ct. App. 2007).
“16 and G.S. 14-190.17; promoting the prostitution of the juvenile as provided in G.”
Floyd v. Thornburg, 619 F. Supp. 756 (W.D.N.C. 1985).
· cites it 2× “Article 26 of Chapter 14 was further amended by the Act to add Section 14-190.17. The Plaintiffs have alleged jurisdiction of this Court under various statutes, Rule 57 of the F.”
State v. Tyson (N.C. Ct. App. 2026).
· cites it 17× “During closing arguments, defense counsel asserted in reference to the charge of second-degree sexual exploitation of a minor: If this statute [ N.C. Gen. Stat. § 14-190.17 ] were designed to be talking about asking someone to make a video, there would be no part two, because…”
State v. Walker (N.C. Ct. App. 2024).
· cites it 16× “” N.C. Gen. Stat. § 14-190.17 (a) (2022). Here, Defendant’s indictment stated he “did use and coerce and encourage a minor female” to engage in the sexual activity.”
— N.C. Gen. Stat. § 14-190.17(a) — 1 case
— N.C. Gen. Stat. § 14-190.17(a)(1) — 1 case
State v. Fletcher, 807 S.E.2d 528 (N.C. 2017).
“loitation of a minor charge did not need to depict actual sexual activity, defendant contends that the relevant statutory provision requires "that a minor actually be exposed to sexual activity" on the grounds that the presence or absence of such activity "is one distinction…”
— N.C. Gen. Stat. § 14-190.17(a)(2) — 1 case
— N.C. Gen. Stat. § 14-190.17(b) — 1 case
Cinema I Video, Inc. v. Thornburg, 351 S.E.2d 305 (N.C. Ct. App. 1986).
“16 and G.S. 14-190.17 are substantially overbroad and vague in violation of the First and Fourteenth Amendments of the United States Constitution and Article I, sec.”
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