commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, The Boone Police Department, Charlotte Mecklenburg Police Department, Watauga County Sheriffs Office, and North Carolina WebNorth Carolina General Statutes 14-190.17. 27-year old Jacob E. Kilgore was arrested on Thursday, February 23. He is charged with seven counts of second-degree sexual exploitation of a minor. You may be charged with 1stdegree sexual exploitation of a minor if, knowing the character or content of the material or performance, you: First-degree sexual exploitation of a minor is a Class D felony punishable by at least 51 to 64 months in prison, with more time given to those with criminal histories. This crime is committed if an individual, knowing the character or content of the material, engages in any of these activities: 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. 15A-1023(c) mandates that a plea be accepted when those conditions are satisfied, the majority erred by substituting its judgement on those conditions for the trial courts and by considering the defendants argument on appeal when the defendant had failed to object in the trial court. 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. Kilgore was charged with 7 counts of second-degree sexual exploitation of a minor and given a $75,000 bond, the release said. Transports or finances the transportation of a minor through or across the State of North Carolina with the intent that the minor is going to engage in sexual activity for a live performance or for the purpose of producing pornographic material. material that contains a visual representation of a minor engaged in sexual (c) Mistake of Age. *The testimonials listed do not reflect all of the feedback the firm has A garden hoe covered in blood was next to his body. The summaries were prepared by Shea Denning, Chris Tyner, and Jonathan Holbrook. 4 0 obj She came out to check on her father. The court explained that to conclude otherwise, [w]e would be required to hold that the States evidence that defendant killed his grandfather as part of a continuous transaction in which he also attempted to murder his mother using his hands and arms as a deadly weapon was so sufficiently strong that no reasonable possibility exists under which the jury would have done anything other than convict defendant of first-degree murder on the basis of that legal theory. The sharply disputed evidence over whether the defendant was the perpetrator, including the lack of physical evidence, the defendants trial testimony, and the conflicting nature of the statements made by the defendants mother, prevented the court from concluding that the error was harmless. (1) A defendants hands and arms may qualify as a deadly weapon for purposes of the felony-murder provision defining as a predicate felony any other felony committed or attempted with the use of a deadly weapon; (2) The trial courts erroneous instruction that the jury could find that the defendant attempted to murder his mother using a garden hoe as a deadly weapon when the evidence did not support that theory was prejudicial error. There was insufficient evidence of second-degree sexual exploitation of a minor under an acting in concert theory; there was insufficient evidence of penetration to support an adjudication for first-degree forcible sexual offense. WebSecond-degree sexual exploitation of a minor Duplicating or disseminating child pornography. Ratings reflect the anonymous opinions of members of the bar and the judiciary. - Violation of this section is a Class E felony. The last evaluation, finding defendant competent, was conducted four months prior to trial. WebChild pornography is illegal under both North Carolina and Federal law. 14-190.16 (b) Inference. Third-degree sexual exploitation is punished as a class H felony, where again, regardless of your prior record, the judge may sentence you to an active sentence in prison. A person commits the offense of second degree sexual exploitation of a The final level of sexual exploitation of a child in North Carolina is third-degree. 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. The defendant was convicted by the jury, sentenced when she returned to court at a later date, and appealed. 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). Third degree sexual exploitation of a minor. Please check official sources. (1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. You can be found guilty of this charge if you either: Similar to first-degree sexual exploitation, the statute for second-degree sexual exploitation contains the inference prong, allowing the jury to infer the person contained in the imagery is a minor without absolute proof of them being a minor. At the close of the States evidence, the trial court dismissed all charges except for simple possession of heroin, methamphetamine, and cocaine. It is very important that you hire a knowledgeable and experienced attorney to help guide you through these cases and to defend you and your future. is not intended to create, and receipt or viewing does not constitute, 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. 1 0 obj WebSecond-degree exploitation of a minor is a Class F felony, punishable by at least 10 to 33 months in prison, and is defined as knowing the character or content of the material, you: Record, photograph, film, develop or duplicate material that contains a visual representation of a minor engaged in sexual activity in sexual activity whom material through its title, text, visual Seven counts of Second-Degree Sexual Exploitation of a Minor; Kilgores court date was set for March 31, 2023, by a Watauga County Magistrate. 27-year old Jacob E. Kilgore was arrested on 2 0 obj These cases are harshly punished in the criminal justice system, especially at the federal level. There are three levels of sexual exploitation crimes in North Carolina; first, second, and third degree. Officers investigating complaints of drug activity at a home where the defendant lived with several others discovered methamphetamine, heroin, and cocaine in a small yellow tin in a dresser in the alcove near defendants bedroom, an area that the defendant claimed as his personal space. WebWhat is Second-Degree Sexual Exploitation of a Minor in North Carolina? 3.). The NC legislature has categorized this crime as first degree, second degree, and third degree. My expectations were not supported by the law, however my lawyer went the extra mile to bring my case as close as the law allowed him to my expected outcome. 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: First degree sexual exploitation of a minor. Violation of this BOONE The Boone Police Department has arrested and charged a local man with seven counts of second-degree sexual exploitation of a minor. You're all set! - A person 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. 14-190.17), (2) Distributes, transports, exhibits, receives, sells, A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the The state Supreme Court disagreed and reversed. A divided Court of Appeals found no error, since the trial court is only required to examine competency sua sponte if there is substantial evidence before it that raises a bona fide doubt about the defendants competence. 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. 133 E Main Ave Taylorsville, NC 28681 BOONE, N.C. (WBTV) - A Watauga County man was arrested for possession and distribution of child porn earlier this week. (a) Offense. to a prosecution under this section. February 25, 2023 at 4:23 pm EST. (1) Evidence was insufficient to support trial courts instruction on theory of acting in concert on drug possession charges; (2) Given potential for confusion on the part of the jury between the theories of acting in concert and constructive possession as bases for the guilty verdicts on drug charges again the defendant, the erroneous instruction was not harmless. The defendant was at the home of his mother and grandfather on November 5, 2013. Boone Police worked with the Charlotte-Mecklenburg Police Department (CMPD), Watauga County Sheriffs Office and N.C. State Bureau of Investigation (SBI) to investigate Kilgores alleged crimes. Competence to stand trial is a due process right, and the trial court must remain on guard over a defendants competency during trial, even in cases where the defendant was found competent at the start of the proceedings. 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. 8g/ij)jp["UuYKkkP~Wn representations or otherwise represents or depicts as a minor is a minor. prosecution under this section, the trier of fact may infer that a participant (d) Punishment and Sentencing. 14-190.17. Second degree 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. (1985, c. 703, s. 9; 1993, This post summarizes published criminal decisions from the North Carolina Supreme Court released on December 18, 2020. 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. This is an ongoing investigation. Nothing on this site should be taken as legal advice for any individual Wind Advisory for Watauga County, NC, Ashe County, NC February 27-28, 2023; Public Feedback Sought on N.C. Clean Transportation Plan; NWS Hazardous Weather Outlook for Sunday February 26, 2023; Boone man charged with Seven counts of Second-Degree Sexual Exploitation of a Minor; App State Announces 2023 Football Schedule Web14-190.17. Gerald Eugene Mabe, 60, of Summerfield, was arrested and charged with second-degree sexual exploitation of a minor. She dissented from the majoritys conclusion that a jury could properly consider a persons hands, arms, feet, or other body parts to be deadly weapons for purposes of the felony murder statute, reasoning that the legislative history and spirit of the statute demonstrate that the deadly weapon requirement refers to an external instrument. 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. 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. You can explore additional available newsletters here. Justice Newby concurred in part and dissented in part, expressing the view that the evidence was sufficient to support the lesser included offense of attempted first-degree forcible sexual offense and that the matter should be remanded for entry of an amended adjudication for that offense. Please refrain from sharing confidential information. Record, photograph, film, develop, or duplicate materials that contains a visual representation of a minor engaged in sexual activity. lawyers rated Preeminent through Martindale-Hubbell*, years our founder has received the Client Champion Platinum award by Martindale-Hubbell*. Furthermore, you will have to register as a sex offender. Under G.S. First degree sexual exploitation of a minor. 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..