The defendant appealed from his conviction for the first-degree murder of his grandfather based on the felony murder rule using the attempted murder of his mother with a deadly weapon as the predicate felony. Part of the additional evidence was voluntarily provided to postconviction counsel in 2011, while other evidence was located by defense counsel in the attic of Whiteville City Hall. WebSecond-degree sexual exploitation of a minor Duplicating or disseminating child pornography. 14-17(a) should be interpreted in a manner that differs from the interpretation deemed appropriate in this line of decisions to establish that the General Assembly intended for the term deadly weapon to include a defendants hands, arms, feet or other appendages. You're all set! 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. Even more central to the courts analysis was the dispute over the extent to which the defendants hands and arms were a deadly weapon. (d) Punishment and February 25, 2023, 4:23 PM. BOONE, N.C. (WBTV) - A Watauga County man was arrested for possession and distribution of child porn earlier this week. 163, 336-846-2421, Lenoir: 100 Cooperative Way, 828-758-4401. Third-degree sexual exploitation of a minor Possession of child pornography. 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. 15A-1022 or our case law announces a statutory or constitutional requirement that a defendant admit factual guilt in order to enter a guilty plea. The court remanded the case to the trial court with instructions to the district attorney to renew the plea offer. (a) Offense. WebStatutes > North-carolina > Chapter_14 > GS_14-190_17 14190.17. A 27-year-old Boone man was arrested on seven counts of second-degree sexual exploitation of a minor, police said. Last Updated on February 25, 2023 8:32 pm. The court reasoned that the discovery of the tin in the defendants personal area could indicate his capability to maintain dominion and control over it, thereby supporting a theory of constructive possession, but did not show a common plan or purpose in which the defendant acted in concert with Stepp to protect her hard time stash. Likewise, defendants admission that he had used illegal drugs on the day of the search and with Stepp in the past could support a theory of constructive possession, but did not demonstrate a common plan or purpose between defendant and Stepp as to the substances in the yellow tin. North Carolina classifies these actions as sexual exploitation of a child and it is a felony that also carries with it the requirement of registering as a sex offender. Get free summaries of new opinions delivered to your inbox! to a prosecution under this section. 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. 3.). Officers responding to the 911 call encountered the defendant in a car parked outside the office complex where the fake game was to be held, and a shootout ensued. degree sexual exploitation of a minor. This site is protected by reCAPTCHA and the Google, There is a newer version of the North Carolina General Statutes. The state Supreme Court disagreed and reversed. activity; or. 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. He is scheduled to appear in court on March 31 and was released on a $75,000 bond. (a) Offense. The next thing she remembered was someone opening her eyelid as she lay on the ground. WebSecond degree sexual exploitation of a minor. 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Forest Service urges residents across the state to exercise caution when burning yard debris, High Country Soccer Association Accepting Spring Registrations for U4, U6, U8, U10 Academy, Special Weather Statement for Avery County Monday February 27, 2023, North Carolina Reports 22% Increase In Overdose Deaths, High Wind Warning & Wind Advisory for Watauga & Ashe February 27-28, 2023, Watauga County Paved & UnPaved Roads List, Miller to Fill Watauga District Seat on Blue Ridge Board of Directors, High Wind Warning & Wind Advisory for Avery County February 27-28, 2023, Seven counts of Second-Degree Sexual Exploitation of a Minor. If you are convicted of this crime, you will be sentenced as a class C felony. Cobb is being held on a $100,000 bond. the material, he: (1) Records, photographs, films, develops, or duplicates A majority in the Court of Appeals held that the testimony was plain error requiring a new trial. Following the investigation, Kilgore is charged with seven counts of second-degree sexual exploitation of a minor. 3.). Please fill out the form below and one of our attorneys will contact you. At his original trial, the states primary evidence against the defendant included his fingerprint on a knife found next to one victims body, a partial DNA match between the defendant and a semen sample recovered from one of the victims, and testimony from a witness that the defendant spent a large amount of money on drugs shortly after the victims were robbed and murdered. (a) Offense. ). through its title, text, visual representations or otherwise represents or Seconddegree sexual exploitation of a minor. Adult pornography is not illegal, but child pornography is. 14(c).). (d) Punishment and Sentencing. (a) Offense. Under G.S. Following the investigation, Kilgore is charged with seven counts of second-degree sexual exploitation of a minor. (d) Punishment and 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 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. Violation of this ALSO READ: NC church day school employee jailed on child porn charges. 4 0 obj Prior results do not guarantee any future outcome. Disclaimer: These codes may not be the most recent version. 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. North Carolina Criminal Defense Attorneys. commits the offense of second degree sexual exploitation of a minor if, knowing The defendant made several discovery requests prior to trial in 1993, but the evidence at issue in this MAR was not produced. Mistake of age is no defense. On Thursday, Feb. 23, the Boone Police Department, Charlotte Mecklenburg Police Department, Watauga County Sheriffs Office and North Carolina State Bureau of Investigation conducted an WebState Codes and Statutes Statutes > North-carolina > Chapter_14 > GS_14-190_17 14190.17. 14-17 suggested that its reference to deadly weapon should be defined in a way that differed from the traditional definition, which included the a persons appendages. (a) Offense. Please check official sources. His conditions of release were set, and he was given a secure bond in the amount of $75,000.00. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. First degree sexual exploitation of a minor. 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. WebSection 14-190.16 - First degree sexual exploitation of a minor (a) Offense. WebWhat is Second-Degree Sexual Exploitation of a Minor in North Carolina? Nothing on this site should be taken as legal advice for any individual Showrooms with gas logs, water heaters and more are located in each Blue Ridge Energy district office. Seconddegree 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.. We understand that you want to tell your side of the story, but tell us first, not the police. Second degree sexual exploitation of a minor. (b) Inference. Your local source for propane and heating fuels. The court reasoned that the logic in Hinton had no application to its interpretation of the felony-murder statute as nothing in the language or legislative history of G.S. If the jury had reasonably concluded that the defendants hands and arms were not used as a deadly weapon, it could not have convicted the defendant of the first-degree murder of his grandfather on the basis of the felony-murder rule, contrary to the suggestion in the jury instruction. Your browser is out of date. 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. In addition to the suicide attempt itself, the court was aware that the defendant had been involuntarily committed due to a high risk of self-harm, and the court reviewed additional medical records regarding the defendants history of mood disorders and prescribed medications. Third-degree sexual exploitation is the crime of possession. (a) Offense. - Violation of this section is a Class E felony. February 25, 2023 at 4:23 pm EST. Each case is different and must be evaluated on its individual facts. endobj Justice Earls concurred in the result only in part and dissented in part. 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. His court date is scheduled for March 31, according to the release. Pursuant to State v. Stancil, 355 N.C. 266 (2002), the state conceded on appeal that it was error to admit expert opinion testimony that the abuse had in fact occurred without physical evidence to support the diagnosis. The second game was a set-up by one of the victims from the first game, who called 911 when the robbers arrived. State v. Glover, ___ N.C. ___, ___ S.E.2d ___ (December 18, 2020). Contact Chad at chad@wilcoxtravel.com or call (828) 210-8193 for a free quote. The defendant was found unresponsive, taken to the hospital, and involuntarily committed for evaluation and treatment. Thirddegree This sex crime is the receipt or possession of child pornography. The Boone Police Department, Charlotte Mecklenburg Police, Watauga County Sheriffs Office and North Carolina State Bureau of Investigation conducted an investigation of Kilgore for the possession and distribution of Child Sexual Abuse Material. Prior results do not guarantee a similar outcome. In first degree sexual exploitation of a minor, a person: Uses, employes, This crime is committed if an individual, knowing the character or content of the material, engages in any of these activities: , text, visual representations or otherwise represents or Seconddegree sexual exploitation of a minor Duplicating disseminating... Way, 828-758-4401 N.C. ___, ___ N.C. ___, ___ N.C. ___, ___ N.C.,... 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