Section 14-190.17 - [Effective Until 12/1/2024] 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.N.C. Gen. Stat. § 14-190.17
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).This section is set out more than once due to postponed, multiple, or conflicting amendments.