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Few criminal accusations carry the immediate devastation of child pornography charges. In Cary—a community where nearly 70% of adults hold college degrees and many work in positions requiring security clearances at employers like Lockheed Martin, SAS Institute, or Epic Games—these charges threaten to destroy everything you've built before you ever see the inside of a courtroom. Your career, your family relationships, your standing in the community, and your freedom all hang in the balance. North Carolina prosecutes these offenses under its sexual exploitation of a minor statutes, which establish different degrees of criminal liability depending on whether you allegedly possessed, distributed, or produced the material in question. Understanding exactly what you're facing—and how Wake County prosecutors approach these cases—is essential to mounting an effective defense. Attorney Patrick Roberts, a former prosecutor who handled sex crime cases before dedicating his practice to criminal defense, brings the perspective of having seen these cases from both sides of the courtroom. That prosecutorial background means he understands precisely how investigators build these cases and where vulnerabilities in the state's evidence may exist. more What Is Third Degree Sexual Exploitation of a Minor Under North Carolina Law? How Does North Carolina Define "Possession" of Illegal Material? Under N.C. Gen. Stat. § 14-190.17A, a person commits third degree sexual exploitation of a minor by possessing material that contains a visual representation of a minor engaging in sexual activity—but only if they know the character or content of that material. This knowledge requirement is critical. The statute doesn't criminalize accidentally encountering illegal content; it targets those who knowingly possess it. The definition of "material" under N.C. Gen. Stat. § 14-190.13 extends beyond traditional photographs and videos to include digital and computer-generated visual depictions, including content created or modified through artificial intelligence. In Cary's technology-driven community, where residents work with sophisticated digital tools daily, understanding this broad definition matters. Material stored on work laptops provided by Research Triangle employers, personal devices synced to cloud storage, and even AI-generated content all fall within the statute's reach. What Exactly Qualifies as "Sexual Activity" Under the Statute? North Carolina's definition of sexual activity encompasses conduct that many people don't immediately recognize as falling within the statute. Under N.C. Gen. Stat. § 14-190.13(5), sexual activity includes: Masturbation, whether alone or with another person or animal Vaginal, anal, or oral intercourse Touching of genitals, pubic area, buttocks, or female breasts in an act of apparent sexual stimulation or abuse Acts depicting torture, physical restraint, or flagellation involving nudity or revealing attire Insertion of objects into another person's body (excluding recognized medical procedures) Lascivious exhibition of genitals or pubic area Wake County prosecutors apply this definition broadly. Attorney Patrick Roberts' specialized sex-crimes defense training through the National Association of Criminal Defense Lawyers—where he maintains lifetime membership and regularly attends advanced seminars—provides the foundation for challenging how prosecutors characterize the content at issue in your case. Does the Age of the Person in the Images Matter? The statute defines a minor as any individual under 18 years old who is not married or judicially emancipated. Critically, N.C. Gen. Stat. § 14-190.17A explicitly states that mistake of age is not a defense. Even if you genuinely believed the person depicted was an adult, that belief provides no legal protection. Furthermore, the statute allows the trier of fact—judge or jury—to infer that a depicted participant is a minor based on the material's title, text, visual representations, or other characteristics. This inference provision gives Wake County prosecutors significant latitude in proving age without requiring definitive identification of the depicted individual. How Do Cary Police Investigate Child Pornography Cases? What Role Does Cary's Cyber Intelligence Unit Play in These Investigations? Cary Police Department operates the only dedicated cyber intelligence unit among the Triangle's four major police departments. While Raleigh, Durham, and Chapel Hill lack equivalent specialized capabilities, CPD maintains a team focused specifically on identifying online offenders and investigating child exploitation cases. This unit doesn't simply respond to reports—it proactively identifies potential offenders through sophisticated digital investigation techniques. For Cary residents, this means these cases often begin before you have any idea you're under investigation. Patrick Roberts' years prosecuting sex crime cases gave him direct insight into how law enforcement builds these investigations from the ground up, knowledge that proves invaluable when examining the methods used to target his clients. How Do Multi-Agency Task Forces Operate in Wake County? Child exploitation investigations in Cary frequently involve coordination between multiple agencies. CPD's Special Victims Unit works alongside the North Carolina State Bureau of Investigation's Cyber Crimes Unit, which brings statewide resources to bear on these cases. Federal involvement through Internet Crimes Against Children task forces, Operation Southern Impact, and the Invictus Project means your case may involve investigators from agencies you've never heard of. This multi-agency approach creates both challenges and opportunities for defense. While it means more resources directed at prosecution, it also means more potential points of failure in evidence handling, chain of custody, and constitutional compliance. What Types of Digital Evidence Do Investigators Typically Seize? When executing search warrants in child pornography investigations, law enforcement casts a wide net. Investigators typically seize: Personal computers, laptops, and tablets Smartphones and other mobile devices External hard drives and USB storage devices Cloud storage account contents Work computers and employer-provided devices Gaming consoles with internet connectivity Network routers and storage devices For professionals working at SAS Institute, Epic Games, MetLife, or defense contractors throughout Research Triangle Park, the seizure of work devices creates immediate employment complications. IT departments at major Cary employers sometimes discover and report suspected contraband, triggering investigations that begin with workplace cooperation rather than traditional police work. What Are the Differences Between First, Second, and Third Degree Sexual Exploitation Charges? When Does Possession Become a More Serious Charge? North Carolina establishes three distinct levels of criminal liability for sexual exploitation offenses. Third degree sexual exploitation—simple possession—constitutes a Class H felony under N.C. Gen. Stat. § 14-190.17A. Second degree sexual exploitation under N.C. Gen. Stat. § 14-190.17, which covers distribution, receipt, purchase, or exchange of such material, is classified as a Class E felony carrying substantially more severe consequences. First degree sexual exploitation under N.C. Gen. Stat. § 14-190.16—involving production of material or using a minor to create it—constitutes a Class C or Class D felony depending on specific circumstances. Wake County prosecutors scrutinize cases for any evidence that would support charging at a higher degree. Understanding these distinctions helps you appreciate what's at stake and why aggressive defense matters from the earliest stages. How Can a Simple Possession Case Escalate to Distribution Charges? Many Cary residents don't realize that modern technology can transform a possession case into a distribution charge without any intentional sharing. Peer-to-peer file sharing software, which some people use unknowingly, often automatically shares files with other users. Cloud storage services may sync content across devices or make files accessible in ways users don't anticipate. Social media platforms and messaging applications sometimes cache or share content automatically. Mr. Roberts brings specialized training in defending against charges that may overstate a defendant's actual conduct, being the only North Carolina attorney listed on the NCADRC website at falseallegation.org as of December 2025. His NCADRC child-abuse defense training addresses precisely these situations where technical realities may contradict prosecution theories. What Does "Identifiable Minor" Mean for First Degree Charges? Certain first degree charges under N.C. Gen. Stat. § 14-190.16 requires that an "identifiable minor" be involved. The statute defines this as an individual who was a minor when the material was created or when the source image was taken, and who is recognizable by face, likeness, or other distinguishing characteristics. Notably, the prosecution doesn't need to prove the actual identity of the minor—only that the depicted person is recognizable as a real individual. This definition has particular relevance for cases involving digitally manipulated or AI-generated content that incorporates images of real minors. What Defense Strategies Apply to Child Pornography Possession Cases in North Carolina? Can You Challenge Whether You Actually "Knew" the Content? The knowledge requirement in N.C. Gen. Stat. § 14-190.17A provides the foundation for several defense approaches. You must have known the character or content of the material to be guilty under the statute. This creates opportunities to challenge possession cases where: Multiple people had access to the device where material was found Malware or unauthorized access may have placed content on a device Files were downloaded automatically by software without user knowledge Cached or temporary files existed without the user's awareness In Cary households where family members share computers or teenagers have access to home networks, these scenarios arise regularly. The advanced cross-examination techniques Patrick Roberts developed through his National Criminal Defense College training prove essential when challenging forensic analysts' assumptions about who accessed specific files. How Do Defense Attorneys Challenge Digital Forensic Evidence? Digital forensics forms the backbone of most child pornography prosecutions, but forensic evidence is only as reliable as the methods used to collect and analyze it. To provide a robust defense, an attorney must scrutinize every technical detail. Attorney Patrick Roberts leverages two decades of criminal defense experience, having tried hundreds of bench and jury trials in state and federal courts in North Carolina, to dissect these complex cases. This extensive courtroom history allows him to employ unique defense strategies and creative defense techniques when examining: Chain of Custody: Whether proper protocols were maintained for seized devices to prevent tampering or data corruption. Software Validity: How forensic software identified and categorized files, and whether those algorithms are prone to "false positives." Metadata Accuracy: Whether metadata accurately reflects intentional user access patterns or automated system processes. Cached vs. Accessed Data: Whether deleted files were actually viewed by the user or merely cached by a web browser without the user’s knowledge. Temporal Interpretation: How timestamps and access records were interpreted by investigators. Attorney Patrick Roberts' NACDL training in sex-crimes defense includes instruction on challenging digital evidence—a rapidly evolving area where defense attorneys must stay current with both technology and legal standards. By combining specialized training with a history of high-stakes litigation, Mr. Roberts ensures that digital evidence is never taken at face value. What Constitutional Issues Arise in These Cases? The Fourth Amendment's protections against unreasonable searches and seizures apply forcefully to digital device searches. Law enforcement must generally obtain warrants before searching computers, phones, or cloud storage accounts. When warrants are deficient, overbroad, or improperly executed, evidence may be subject to suppression. Wake County courts regularly hear suppression motions in these cases. An attorney familiar with how Wake County judges approach Fourth Amendment issues can identify and exploit weaknesses in the state's evidence gathering. What Are the Consequences of a Child Pornography Conviction in Wake County? What Prison Sentences Apply to Sexual Exploitation Convictions? Sentencing in North Carolina depends on the offense class and the defendant's prior record level. Third degree sexual exploitation is a Class H felony, while second degree constitutes a Class E felony and first degree ranges from Class C to Class D. Each classification carries different presumptive sentencing ranges that Wake County Superior Court judges apply based on individual circumstances. Prior convictions, aggravating factors, and mitigating circumstances all influence the ultimate sentence. How Does Sex Offender Registration Affect Your Life in Cary? Beyond incarceration, a sexual exploitation conviction requires registration as a sex offender. In Cary—a community consistently ranked among America's safest and most family-oriented—this registration carries profound social consequences. Neighbors receive notification. Residential restrictions may apply. Employment becomes extraordinarily difficult. The stigma in a community where families specifically chose to raise children because of Cary's reputation for safety can be isolating and permanent. What Professional and Immigration Consequences Should You Expect? For Cary's professional workforce, conviction consequences extend far beyond the criminal justice system. Security clearances held by defense industry employees at Lockheed Martin and throughout Research Triangle Park face immediate revocation. Professional licenses in healthcare, finance, education, and other fields are subject to suspension or permanent loss. The median household income of $129,399 that supports a Cary family can vanish overnight. For the 22% of Cary residents who are foreign-born—many working in the technology sector on employment visas—a sexual exploitation conviction triggers severe immigration consequences including deportation. Patrick Roberts' prosecutorial background gave him direct experience with the full scope of consequences these convictions carry, informing his approach to defending clients whose entire futures depend on the outcome. Why Does Your Choice of Defense Attorney Matter in These Cases? What Should You Look for in a Sex Crimes Defense Attorney? Sexual exploitation cases require defense counsel with specific knowledge and training that general criminal defense attorneys may lack. The intersection of complex statutory definitions, digital forensics, constitutional protections, and specialized prosecution units demands an attorney who has invested in focused professional development. Familiarity with Wake County court procedures, relationships with local prosecutors, and understanding of how cases move through the system all contribute to effective representation. How Does Prosecutorial Experience Benefit Your Defense? An attorney who has prosecuted these cases understands the investigation and charging process from the inside. Attorney Patrick Roberts leverages his experience handling sex crime prosecutions prior to transitioning to defense work, providing his clients with an effective and informed perspective on how investigators develop cases and what evidence prosecutors consider most valuable. This background allows him to identify where critical weaknesses in the state's case may exist. Combined with his specialized training from Gerry Spence's Trial Lawyers College—where he studied the methods of one of America's most successful trial attorneys—this experience shapes his fearless and powerful approach to defending Cary residents facing serious allegations. By anticipating the prosecution's maneuvers, Mr. Roberts provides a strategic defense rooted in two decades of courtroom experience.* *Disclaimer: Each case is different and must be evaluated separately. Prior results achieved do not guarantee similar results can be achieved in future cases. Frequently Asked Questions Will my employer find out about child pornography charges in Cary? Arrest records are generally public information accessible through Wake County court systems. Many employers conduct ongoing background monitoring, and security clearance holders face immediate reporting requirements. If your work device was seized or your employer reported the initial concern, they likely already know. Can I be charged if someone else used my computer? Proving you knowingly possessed the material is the prosecution's burden. However, prosecutors may argue that as the device owner, you had constructive possession. Defense strategies focus on demonstrating that others had access and that evidence doesn't establish your personal knowledge of the content. How long do these cases typically take in Wake County courts? Sexual exploitation cases often involve extensive digital forensics that take months to complete. From arrest through trial, cases frequently extend beyond a year, sometimes significantly longer when complex evidence or multiple agencies are involved. Is there any way to avoid sex offender registration? Registration requirements attach to convictions for sexual exploitation offenses. Avoiding registration typically requires avoiding conviction entirely, whether through dismissal, acquittal, or in some circumstances, negotiated outcomes that result in conviction for a non-registrable offense. What should I do if the police want to search my devices? You have the right to refuse consent to searches. Law enforcement may still obtain a warrant, but declining consent preserves your ability to challenge the search later. Contact an attorney immediately—before answering questions or consenting to anything. Protecting Your Future Starts With the Right Defense Child pornography charges in Wake County require defense counsel who combine specialized training with practical courtroom experience. Attorney Patrick Roberts leverages two decades of criminal defense experience, having tried hundreds of bench and jury trials in state and federal courts in North Carolina. This extensive history allows him to develop unique and creative defense strategies tailored to the complexities of digital evidence. His qualifications extend to the highest levels of the judiciary; he is admitted to practice before the Fourth Circuit Court of Appeals and in all federal district courts in North Carolina. This federal admission is critical, as many digital crimes are prosecuted at the federal level where the rules of evidence and sentencing guidelines are distinct and rigorous. Beyond his technical credentials, Mr. Roberts is highly respected by his peers and clients alike, maintaining a legacy of effective and powerful advocacy: AV Preeminent Peer Rated by Martindale-Hubbell (2026): Recognized for the highest level of professional excellence for more than 5 straight years. Client Champion Platinum (Martindale-Hubbell): Awarded for his commitment to client service for more than 5 straight years. 10/10 "Superb" Rating on Avvo: A distinction he has maintained for more than 15 years. "Patrick is an experienced and knowledgeable criminal attorney. I highly recommend him if you're seeking competent and professional representation in a state or federal criminal matter." Peer Review via AVVO/Martindale-Hubbell on October 24, 2018 Disclaimer: The testimonials and peer reviews on this site are for informational purposes. They do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every case is different and must be evaluated on its own merits. *Testimonials and peer endorsements found on this website are actual comments. Combined with his background as a prosecutor who handled sex crimes, his lifetime NACDL membership with ongoing sex-crimes defense training, and his distinction as the only North Carolina attorney listed on falseallegation.org's NCADRC registry as of December 2025, Mr. Roberts provides a fearless foundation for defending Cary residents. His training at Gerry Spence's Trial Lawyers College further sharpens his ability to present a strategic defense in the face of serious allegations. If you're under investigation or have been charged with sexual exploitation of a minor anywhere in Wake County, the time to act is now. Contact Patrick Roberts Law to schedule a confidential consultation about your case and your options. Disclaimer: Each case is different and must be evaluated separately. Prior results achieved do not guarantee similar results can be achieved in future cases.

Few criminal accusations carry the immediate, devastating weight of solicitation of a child by computer charges. In Cary—a community where nearly 70% of adults hold bachelor's degrees and thousands work in positions requiring security clearances at companies like Lockheed Martin, SAS Institute, and Epic Games—these charges threaten to destroy everything you've built. Your career, your family relationships, your standing in a community known for its safety and family-oriented character: all of it hangs in the balance from the moment an investigation begins. North Carolina prosecutes these offenses under N.C. Gen. Stat. § 14-202.3, a statute that criminalizes using computers or electronic devices to arrange sexual contact with minors. What makes these cases particularly complex is that Cary Police Department operates the only dedicated Cyber Intelligence Unit among the Triangle's four major police departments—a specialized team focused specifically on identifying online offenders and investigating child exploitation cases. Understanding what you're facing requires experienced defense counsel who has handled these matters from both sides of the courtroom. Patrick Roberts' years as a prosecutor handling sex crime cases gives him direct insight into how the state builds these prosecutions and where weaknesses in the evidence may exist. more What Does North Carolina Law Define as Solicitation of a Child by Computer? What Elements Must Prosecutors Prove to Secure a Conviction? Wake County prosecutors must establish several specific elements beyond a reasonable doubt to secure a conviction under G.S. 14-202.3. The statute requires proof that the defendant was 16 years of age or older and knowingly, with the intent to commit an unlawful sex act, enticed, advised, coerced, ordered, or commanded another person to meet for the purpose of committing that unlawful sex act. The communication must have occurred through a computer or any device capable of electronic data storage or transmission. North Carolina courts have interpreted "entice" and "advise" broadly. Having prosecuted these cases, Patrick Roberts understands that prosecutors typically argue any effort to arrange a sexual meeting with someone believed to be underage falls within the statute's scope—even without explicit promises or inducements. This broad interpretation means that conversations Cary residents might dismiss as mere online fantasy can form the basis for serious felony charges. Does the Alleged Victim Have to Be an Actual Child? One of the most critical aspects of this statute is that the alleged victim does not need to be an actual child. The law covers three distinct categories of individuals: An actual child who is less than 16 years of age and at least five years younger than the defendant A person the defendant believes to be a child meeting those age requirements, even if that person is actually an adult (such as an undercover officer) A person the defendant believes to be the parent, guardian, or caretaker of such a child This means that undercover operations conducted by Cary Police Department's Cyber Intelligence Unit or federal task forces can result in charges even when no actual minor was ever involved in the communications. Many solicitation prosecutions in Wake County arise from precisely these undercover scenarios. What Electronic Devices Fall Under This Statute? The statute applies to computers and "any other device capable of electronic data storage or transmission." This expansive language covers smartphones, tablets, gaming consoles with messaging capabilities, and any other device used for electronic communication. In Cary's tech-driven environment—where residents often have multiple connected devices including work-issued laptops and phones—the scope of potential evidence is vast. Text messages, social media direct messages, dating app conversations, and communications through gaming platforms all fall within the statute's reach. How Do Cary Police and Wake County Prosecutors Investigate These Cases? What Role Does Cary's Cyber Intelligence Unit Play in These Investigations? Unlike Raleigh, Durham, or Chapel Hill, the Cary Police Department maintains a dedicated Cyber Intelligence Unit with particular expertise in online offender identification and child exploitation investigations. This team proactively works to identify potential offenders rather than simply responding to reports after the fact. For Cary residents, this means these investigations often begin before any suspect knows they are under scrutiny. To counter the technical methods used by Cary’s specialized units, Attorney Patrick Roberts utilizes a defense strategy informed by high-level training: Advanced Cross-Examination Skills: In 2025, Mr. Roberts completed a 3-day intensive hands-on training with the National Criminal Defense College (NCDC). This program focuses on advanced techniques to challenge the credibility of digital witnesses and investigators who rely on "Cyber Intelligence" to build their cases. Procedural Insight: His training through the National Association of Criminal Defense Lawyers (NACDL)—including multiple seminars focused on defending complex digital and sex-crime cases—provides critical insight into how these proactive investigations unfold. He knows where procedural gaps in digital evidence collection typically exist. Credentials Prepared for Complex Investigations Mr. Roberts' standing in the legal community is built on more than two decades of handling serious cases in Wake County and federal courts: 2026 AV Preeminent® Peer Rated Attorney: Martindale-Hubbell’s highest rating for legal ability and ethics, held for more than 5 consecutive years. 2026 Client Champion Platinum: Recognized for more than 5 consecutive years for excellence in client communication and support during high-stakes investigations. 10/10 “Superb” AVVO Rating: Maintained for over 15 years, reflecting a long-term commitment to defense excellence. A Strategic Advantage in Intent Defense The statute requires proof that a defendant acted "knowingly" and "with the intent to commit an unlawful sex act." Understanding how the Wake County District Attorney's office approaches intent arguments—and having handled these cases from the prosecution side—allows for strategic defense planning. As the only North Carolina attorney listed on the NCADRC website at falseallegation.org as of December 2025, Attorney Patrick Roberts applies his training to challenge cases where the evidence of intent may be ambiguous or where allegations may not reflect actual criminal conduct. A Powerful Presence in State and Federal Courts Attorney Patrick Roberts provides effective representation that extends beyond local North Carolina courtrooms. His ability to navigate complex legal hurdles is backed by his admission to practice before the most influential courts in the country. This respected legal standing ensures that whether your case remains in Wake County or moves into the federal system, you are represented by an advocate recognized by the highest levels of the American judiciary. Admissions and Jurisdictions U.S. Supreme Court: Admitted to practice before the highest court in the nation. Fourth Circuit Court of Appeals: Admitted to handle complex federal appellate matters. All Federal District Courts in North Carolina: Providing a fearless defense in the Eastern, Middle, and Western Districts. How Do Undercover Operations Typically Work? Many solicitation cases in Wake County originate from undercover operations where law enforcement officers pose as minors in online environments. Officers may create profiles on social media platforms, dating apps, or chat rooms, then engage in conversations with individuals who initiate contact. These operations often involve officers from Cary PD's Special Victims Unit coordinating with the North Carolina State Bureau of Investigation's Cyber Crimes Unit and federal task forces like Operation Southern Impact or the Internet Crimes Against Children task force. The conversations are meticulously documented, with officers trained to allow the suspect to direct the conversation toward sexual topics and meeting arrangements. Understanding these tactics is essential for mounting an effective defense. What Digital Evidence Will Prosecutors Try to Use Against You? In Cary's technology-driven community, digital evidence plays a central role in these prosecutions. Investigators typically seek to collect and analyze several categories of evidence: Complete chat logs and message histories from all platforms where communications occurred Device forensic analysis including deleted messages, browser history, and location data IP address records and account registration information Any images, videos, or files exchanged during communications GPS and cell tower data showing movement patterns, particularly if a meeting was arranged For professionals working at tech companies like SAS or Epic Games, investigations may extend to work-issued devices. IT departments sometimes discover and report suspected communications, triggering investigations that involve both employer cooperation and law enforcement access to corporate systems. What Are the Potential Penalties for a Conviction? What Is the Difference Between Class H and Class G Felony Charges? North Carolina classifies solicitation of a child by computer as either a Class H or Class G felony depending on specific circumstances. A standard violation—where communications occurred but no meeting took place—constitutes a Class H felony. However, if either the defendant or any other person for whom the defendant was arranging the meeting actually appears at the meeting location, the charge elevates to a Class G felony. This distinction carries significant implications for Cary residents facing these charges. Wake County Superior Court handles all felony matters, and the difference between Class H and Class G classifications affects potential sentencing ranges, probation terms, and long-term consequences. How Does Appearing at the Meeting Location Affect the Charges? The elevation from Class H to Class G felony when someone appears at the meeting location reflects the legislature's view that showing up demonstrates more concrete intent. From a defense perspective—and drawing on advanced training from the National Criminal Defense College—this distinction creates important strategic considerations. Some federal courts have found that when defendants never appear at a meeting location and make no unmistakable preparations like booking travel or reserving hotel rooms, evidence of actual intent may be insufficient. While North Carolina courts have sometimes reached different conclusions, the appearance issue remains a significant factor in case evaluation. What Collateral Consequences Apply Beyond Prison Time? For Cary professionals, the consequences extending beyond potential incarceration often prove most devastating. A conviction triggers sex offender registration requirements that follow you for decades. Security clearances held by employees at Lockheed Martin and other defense contractors are revoked immediately upon charge—often before any trial occurs. Professional licenses in fields from healthcare to financial services face suspension or revocation. The median household income of $129,399 that supports Cary families depends on careers that a conviction would permanently destroy. For the 22% of Cary residents who are foreign-born—many working in the tech sector on employment visas—a conviction carries immigration consequences including deportation. What Defense Strategies Apply to Solicitation by Computer Charges? Can Lack of Intent Be a Valid Defense? Under North Carolina law, the state must prove that a defendant acted "knowingly" and "with the intent to commit an unlawful sex act." This intent element is a critical component of the prosecution's case. Communications that could be characterized as fantasy, role-playing, or lacking a genuine intent to meet in person may not satisfy the statutory requirements for a conviction. Attorney Patrick Roberts uses creative defense techniques to challenge the State's narrative regarding intent. His approach is supported by a deep background in criminal litigation, including: Advanced Cross-Examination Training: In 2025, Mr. Roberts completed a 3-day intensive hands-on training with the National Criminal Defense College (NCDC), focusing exclusively on advanced cross-examination techniques. This training is designed to help attorneys effectively dismantle weak or ambiguous testimony in court. Unique Registry Distinction: As the only North Carolina attorney listed on the NCADRC website at falseallegation.org as of December 2025, Mr. Roberts brings focused training to cases where accusations may not align with actual conduct. Prosecutorial Insight: Understanding how the Wake County District Attorney's office builds intent arguments allows for fearless strategic planning that anticipates the State’s likely responses. What If No Meeting Actually Occurred? The absence of an actual meeting affects both the severity of charges and the strength of the prosecution's case. Some courts have found that online communications alone, without concrete steps toward a meeting, may constitute mere "hot air" rather than criminal solicitation. While North Carolina courts have sometimes upheld charges even without meetings, the distinction remains relevant for defense strategy and potential negotiations with Wake County prosecutors. Defense approaches may focus on demonstrating that communications never progressed beyond online discussion, that no concrete meeting arrangements were made, or that the defendant took no real-world steps suggesting genuine intent to follow through. Why Doesn't Consent Provide a Defense Under This Statute? The statute explicitly states that consent is not a defense to solicitation charges. This provision eliminates arguments that the purported minor agreed to or initiated the sexual discussions or meeting arrangements. Even if an undercover officer actively encouraged the conversations or suggested meeting, this cannot form the basis for a consent defense. However, this limitation makes other defense strategies more critical. Potential approaches include: Challenging the sufficiency of evidence establishing the required elements Questioning the reliability or completeness of digital evidence Examining whether entrapment principles may apply to aggressive undercover tactics Analyzing whether communications actually rise to the level of "enticing" or "advising" under the statute's requirements Investigating procedural violations in the investigation or evidence collection Why Does Your Choice of Defense Attorney Matter in These Cases? What Should You Look for in a Defense Attorney for These Charges? Solicitation cases involve complex intersections of technology, psychology, and criminal law. Effective defense requires an attorney who understands digital forensics, knows how undercover operations function, and can navigate the specialized procedures Wake County courts apply to sex offense cases. The Wake County District Attorney's office has prosecutors who handle these matters regularly, and defense counsel must match their experience and preparation. Attorney Patrick Roberts’ training at Gerry Spence’s Trial Lawyers College—where he was mentored directly by one of America's most accomplished trial advocates—shapes his methodology for humanizing clients facing serious allegations. In cases where Cary residents' reputations and futures are at stake, this unique approach to storytelling allows for an effective connection with juries, ensuring your side of the story is heard with clarity and impact. How Does Prosecutorial Experience Benefit Your Defense? Having served as a prosecutor handling sex crime cases, Attorney Patrick Roberts understands how the state constructs these prosecutions. He knows what evidence prosecutors prioritize, how they prepare witnesses, and where their cases may be vulnerable to challenge. This perspective—combined with ongoing advanced training in cross-examination techniques through the National Criminal Defense College—allows him to anticipate prosecution strategies and develop effective responses. For professionals whose careers at companies like MetLife, SAS, or defense contractors depend on resolving these matters, having defense counsel who has been on both sides of the courtroom provides a strategic advantage that generalist attorneys cannot offer. Frequently Asked Questions Can I be charged if the person I was communicating with was actually an adult officer? Yes. North Carolina's statute explicitly covers communications with a person the defendant believes to be an underage child, regardless of the person's actual age. This means undercover operations where officers pose as minors can result in valid charges even though no actual child was ever involved. Where will my case be prosecuted if I live in Cary? Cary is located in Wake County, and all felony matters are handled in Wake County Superior Court at the Justice Center in Raleigh. The Wake County District Attorney's office prosecutes these cases, often with prosecutors who focus specifically on sex offense matters. Will I have to register as a sex offender if convicted? A conviction for solicitation of a child by computer triggers sex offender registration requirements under North Carolina law. These requirements affect where you can live, work, and travel, and remain in effect for extended periods following conviction. What should I do if Cary police want to question me about online communications? You have the right to remain silent and the right to have an attorney present during any questioning. Politely decline to answer questions and contact a defense attorney immediately. Statements made during police questioning can significantly impact your case. How quickly should I contact a defense attorney? Immediately. Early involvement of defense counsel allows for preservation of potentially exculpatory evidence, prevents harmful statements to investigators, and begins building your defense strategy before charges are formalized. Protect Your Future with Experienced Defense When you're facing solicitation charges in Cary, you need a fearless defense counsel who understands these cases from every angle. Attorney Patrick Roberts brings a rare combination of prosecutorial experience with sex crime cases, rigorous training at NACDL and NCADRC, advanced cross-examination skills from the National Criminal Defense College, and the trial advocacy methods learned at Gerry Spence's Trial Lawyers College. As the only North Carolina attorney listed on falseallegation.org 's registry of NCADRC-trained defenders, he offers the specific trial focus that matters in these high-stakes cases. Serving Cary residents and families throughout Wake County, Attorney Patrick Roberts understands what's at stake for your career, your family, and your future. Contact Patrick Roberts Law today for a confidential consultation about your case. Professional Peer Endorsement “ Patrick is an extremely talented lawyer who has the highest ethical standards. He works extremely hard for his clients and is a very skilled adversary in court. Patrick's expertise in the field, experience in the courtroom and professionalism are the reasons he is my top recommendation. He is trustworthy, reliable and highly esteemed by his peers.”* — Peer review from a fellow attorney via Martindale-Hubbell on October 29, 2018 Disclaimer: The testimonials and peer reviews on this site are for informational purposes. They do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every case is different and must be evaluated on its own merits. *Testimonials and peer endorsements found on this website are actual comments. Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Case results depend upon a variety of factors unique to each case. Prior results do not guarantee a similar outcome.

Being accused of second-degree sexual exploitation of a minor in Cary, North Carolina puts everything at risk—your career in the Research Triangle, your professional licenses, your family's stability, and your future. This is a Class E felony under North Carolina law, and Wake County prosecutors take these cases seriously. Understanding exactly what you face is the first step toward building an effective defense. North Carolina's exploitation statutes target the creation, distribution, and possession of visual material depicting minors engaged in sexual activity. Second-degree sexual exploitation occupies the middle tier of these offenses, focusing primarily on distribution, receipt, and non-commercial recording of such material. For Cary residents—many of whom work in technology, defense, or other fields requiring security clearances—the consequences extend far beyond the courtroom. What Is Second-Degree Sexual Exploitation of a Minor Under North Carolina Law? What Specific Conduct Does This Statute Prohibit? N.C. Gen. Stat. § 14-190.17 defines second-degree sexual exploitation of a minor. The statute prohibits several distinct types of conduct when a person knows the character or content of the material involved. Prohibited conduct under this statute includes: Recording, photographing, filming, developing, or duplicating material containing a visual representation of a minor engaged in sexual activity Distributing or transporting such material Exhibiting such material Receiving such material Selling, purchasing, or exchanging such material Soliciting such material Distributing, transporting, exhibiting, receiving, selling, purchasing, exchanging, or soliciting a child sex doll Each of these acts constitutes a separate violation. In Cary's digital environment—where cloud storage, work devices, and electronic communications are ubiquitous—investigators often examine multiple platforms and accounts when building these cases. How Does Second-Degree Differ From First-Degree and Third-Degree Charges? North Carolina divides sexual exploitation offenses into three degrees based on the nature of the conduct involved. First-degree sexual exploitation under N.C. Gen. Stat. § 14-190.16 is a Class C felony that targets those who use, employ, or coerce minors to engage in sexual activity for live performances or material production—or who produce such material for sale or pecuniary gain. This is the production-focused offense. Third-degree sexual exploitation under N.C. Gen. Stat. § 14-190.17A is a Class H felony that covers knowing possession of such material without the distribution or commercial elements. Second-degree falls between these extremes. It addresses the distribution chain—those who spread, receive, or solicit the material—without requiring proof of commercial motive or direct involvement in production. Wake County prosecutors frequently charge second-degree offenses when digital evidence shows material was shared, downloaded, or requested. Why Does North Carolina Treat These Offenses So Seriously? North Carolina's General Assembly has classified these offenses as serious felonies because of the ongoing harm to the minors depicted in such material. Every time material is distributed or received, it perpetuates the exploitation of the child involved. This policy rationale shapes how aggressively these cases are investigated and prosecuted throughout the state, including in Wake County. What Must the Prosecution Prove to Convict You? The Wake County District Attorney's office must prove every element of second-degree sexual exploitation beyond a reasonable doubt. Understanding these elements is essential for identifying where the prosecution's case may be vulnerable. Attorney Patrick Roberts handled sex crimes cases as a prosecutor earlier in his career, giving him direct insight into how the state constructs these cases and what evidence they prioritize. That dual-perspective now fundamentally informs his defense strategy: he knows precisely where to look for procedural errors and evidentiary weaknesses because he once had the burden of proving those very elements himself. What Does "Knowing the Character or Content" Mean? The statute requires that the defendant acted "knowing the character or content of the material." This knowledge element is critical. The prosecution must prove you actually knew what the material depicted—not merely that you should have known or were negligent in failing to discover it. The elements the prosecution must establish include: The defendant engaged in one of the prohibited acts (distributing, receiving, soliciting, recording, etc.) The material contained a visual representation of a minor engaged in sexual activity The defendant knew the character or content of the material This knowledge requirement creates important defense opportunities. Malware, unauthorized access to devices, file-sharing programs that download content automatically, and shared network environments can all complicate the prosecution's ability to prove knowing conduct. What Qualifies as "Material Containing a Visual Representation"? Under North Carolina law, the material must contain a "visual representation" of a minor engaged in "sexual activity." The statute also covers material that has been "created, adapted, or modified to appear that an identifiable minor is engaged in sexual activity." Sexual activity, as defined in the broader sex offense statutes, includes various forms of sexual conduct. The visual representation can be photographs, videos, digital images, or other visual media. In Wake County prosecutions, digital files—recovered from computers, phones, cloud storage, and external drives—constitute the most common form of evidence. Can Mistake of Age Be Raised as a Defense? No. The statute explicitly states that "mistake of age is not a defense to a prosecution under this section." Even if you genuinely believed the person depicted was an adult, this belief provides no legal defense. However, the prosecution still bears the burden of proving the person depicted was actually a minor. The statute allows the trier of fact to "infer" that a participant is a minor based on how the material represents or depicts them—but this inference can be challenged. Defense strategies may focus on the actual age of the person depicted or the reliability of age determinations based on visual assessment alone. How Do Cary Police and Federal Agencies Investigate These Cases? Sexual exploitation investigations in Cary involve specialized law enforcement units with significant resources and technical capabilities. Understanding how these investigations unfold helps defendants recognize both the evidence they may face and the potential vulnerabilities in the investigation process. Attorney Patrick Roberts has completed rigorous training through the National Child Abuse Defense and Resource Center. As of December 2025, he is the only attorney in North Carolina listed on the NCADRC's website at falseallegation.org —a reflection of his focused preparation for defending these sensitive cases. This specialized training emphasizes understanding investigation methods and identifying where procedures may have compromised evidence reliability. What Role Does Cary's Cyber Intelligence Unit Play? Cary Police Department operates the only dedicated cyber intelligence unit among the Triangle's four major police departments. Unlike Raleigh, Durham, or Chapel Hill, Cary maintains specialized personnel focused specifically on identifying online offenders and investigating digital exploitation cases. This unit employs proactive identification techniques—they don't simply wait for reports. They actively monitor for potential offenders, coordinate with internet service providers, and participate in multi-jurisdictional operations. For defendants, this means investigations may have begun long before any arrest or search warrant. How Do Multi-Agency Task Forces Coordinate These Investigations? Exploitation investigations in Wake County rarely involve just one agency. Cary's Special Victims Unit and Cyber Intelligence Unit frequently coordinate with the North Carolina State Bureau of Investigation's Cyber Crimes Unit, federal agencies including the FBI and Homeland Security Investigations, and the Internet Crimes Against Children (ICAC) task force. This multi-agency approach means investigations often have federal involvement from the outset. Task force participation—including operations like Operation Southern Impact and the Invictus Project—brings additional resources and investigative techniques to bear. Defendants may face evidence gathered through multiple agencies with different procedures and oversight requirements. What Types of Digital Evidence Will Investigators Examine? In Cary's technology-driven community, digital evidence plays a central role in these prosecutions. Investigators typically examine computers, laptops, tablets, and smartphones; cloud storage accounts; email and messaging applications; file-sharing program logs and histories; internet browsing history and cached files; external storage devices; and work computers and employer-provided devices. For professionals working at companies like SAS Institute, Epic Games, or other Research Triangle employers, work devices present particular concerns. IT departments sometimes discover and report suspected material, triggering investigations that extend into personal devices and accounts. The interconnected nature of modern digital life means a search warrant for one device often leads to examination of linked accounts and cloud-synced content. If you're under investigation for second-degree exploitation charges in Wake County, the decisions you make now will shape your defense options going forward. Contact Patrick Roberts Law to discuss your situation before speaking with investigators. What Consequences Could a Conviction Bring? A conviction for second-degree sexual exploitation of a minor carries consequences that extend far beyond the criminal sentence itself. For Cary residents—with careers built in the Research Triangle's professional economy—these collateral consequences can be devastating. What Is the Felony Classification for This Offense? Second-degree sexual exploitation of a minor is a Class E felony under North Carolina law. The specific sentence in any case depends on factors including prior record level and the circumstances of the offense. What matters for most defendants is understanding that this is a serious felony conviction that will follow them permanently. Will You Be Required to Register as a Sex Offender? Convictions for sexual exploitation of a minor trigger sex offender registration requirements under North Carolina law. Registration creates a public record that affects where you can live, where you can work, and how your community perceives you. In a community like Cary—where 68% of adults hold bachelor's degrees and professional reputation matters enormously—registration creates social consequences that compound the legal ones. How Could a Conviction Affect Your Career in the Research Triangle? For professionals working in Research Triangle Park and the surrounding area, a sexual exploitation conviction effectively ends careers that took decades to build. The collateral consequences for Cary residents are particularly severe. Employment and professional consequences include: Immediate termination from most professional positions Revocation of security clearances required for defense contractors like Lockheed Martin Loss of professional licenses in fields including law, medicine, education, and finance Disqualification from positions involving minors or vulnerable populations Background check failures blocking future employment in most professional fields Exclusion from employer-provided housing, relocation assistance, and other benefits For Cary's substantial immigrant population—many working in the technology sector on employment visas or holding green cards—a conviction triggers immigration consequences including potential deportation. With 22% of Cary residents born outside the United States, this consequence affects a significant portion of those who may face these charges. The $129,000 median household income that supports a Cary family depends on continued professional employment. A conviction doesn't just threaten freedom—it threatens the entire financial foundation of a defendant's family. What Defense Strategies Apply to These Charges? Effective defense in second-degree exploitation cases requires understanding both the technical complexity of digital evidence and the specific elements the prosecution must prove. Through ongoing training with the National Association of Criminal Defense Lawyers—including sex-crimes defense seminars held as recently as late 2025—Mr. Roberts stays current on evolving defense strategies and forensic interview analysis techniques. How Can the "Knowledge" Requirement Be Challenged? The prosecution must prove the defendant knew the character or content of the material. This knowledge element creates significant defense opportunities in certain cases. Potential defense approaches include: Challenging whether the defendant actually accessed or viewed the material Demonstrating that malware, viruses, or unauthorized access placed material on the device Showing that automatic download features in file-sharing programs operated without user knowledge Establishing that multiple users had access to the device or account Questioning the reliability of forensic analysis methods or conclusions Challenging chain of custody for digital evidence Identifying constitutional violations in how evidence was obtained Every case presents different facts, and not every defense applies in every situation. An attorney who understands how Wake County prosecutors approach these cases can evaluate which strategies offer the best path forward. What Constitutional Issues Might Apply to Your Case? The Fourth Amendment protects against unreasonable searches and seizures. In digital exploitation cases, constitutional challenges may arise regarding the validity of search warrants, the scope of searches conducted, and whether law enforcement exceeded the authority granted by warrants. Challenges to how internet service provider data was obtained, whether consent to search was truly voluntary, and whether search warrant applications contained material misrepresentations can all affect the admissibility of evidence. Suppressing key evidence may fundamentally change the prosecution's ability to proceed. When Might Negotiation Be the Right Approach? Not every case should go to trial. When the evidence is strong, skilled negotiation may achieve outcomes—including reduced charges or alternative sentencing—that serve the defendant's interests better than trial would. Understanding the Wake County District Attorney's approach to these cases matters enormously in negotiation. Prosecutors have discretion in how they charge cases and what resolutions they'll accept. An attorney who has worked with these prosecutors, who understands their priorities, and who can present mitigating factors effectively positions clients for the best possible outcomes when negotiation is appropriate. The stakes in second-degree exploitation cases demand experienced representation from the earliest stages. Contact Patrick Roberts Law to discuss defense strategies specific to your situation. Why Does Your Choice of Defense Attorney Matter in These Cases? Sexual exploitation charges combine legal complexity, technical evidence challenges, and life-altering consequences. The attorney you choose shapes how your case unfolds from investigation through resolution. What Should You Look for in a Defense Attorney for Exploitation Charges? These cases demand specific knowledge and preparation. Understanding digital forensics, knowing how to challenge technical evidence, and having relationships with expert witnesses who can evaluate prosecution claims all matter. Familiarity with Wake County courts—knowing how local judges handle these matters and how prosecutors in this jurisdiction approach case evaluation—provides advantages that general criminal defense experience cannot match. As a graduate of the National Criminal Defense College, with recent participation in their advanced cross-examination program, Patrick Roberts brings intensive trial preparation skills to every case. That training translates directly to the courtroom—knowing how to examine forensic analysts, challenge investigation methods, and present technical defenses clearly to judges and juries. How Does Prosecutorial Experience Benefit Your Defense? An attorney who has prosecuted these cases understands how the state thinks. He knows what evidence prosecutors consider essential, where they expect defense challenges, and how they evaluate case strength. That perspective—seeing the case from the prosecution's viewpoint—reveals opportunities that might otherwise remain hidden. Attorney Patrick Roberts brings that dual perspective to every exploitation case. His years handling these matters as a prosecutor inform his defense strategy at every stage. Frequently Asked Questions What is the difference between second-degree and third-degree sexual exploitation? Second-degree sexual exploitation under N.C. Gen. Stat. § 14-190.17 focuses on distribution, receipt, and solicitation of material depicting minors engaged in sexual activity—the spreading of such material. Third-degree exploitation under § 14-190.17A covers knowing possession without the distribution element. Second-degree is a Class E felony while third-degree is a Class H felony, reflecting the more serious nature of distribution conduct. Can I be charged if I didn't know the person in the images was a minor? Mistake of age is explicitly not a defense under this statute. However, the prosecution still must prove the person depicted was actually a minor. The statute allows juries to infer someone is a minor based on how the material depicts them, but this inference can be challenged through defense evidence and expert testimony regarding age determination. Where will my case be prosecuted if I'm arrested in Cary? Cary is located in Wake County, which is part of North Carolina's 10th Judicial District. Your case will be prosecuted by the Wake County District Attorney's office and tried in Wake County Superior Court at the Justice Center in Raleigh. Having defense counsel familiar with Wake County procedures and prosecutors provides important advantages in these proceedings. Will I have to register as a sex offender if convicted? Yes. A conviction for second-degree sexual exploitation of a minor requires sex offender registration under North Carolina law. Registration creates ongoing obligations and restrictions that affect housing, employment, and community presence for years after the criminal case concludes. How do police typically discover these cases in the Cary area? Investigations may begin through multiple channels. Cary Police Department's Cyber Intelligence Unit—the only dedicated unit of its kind among the Triangle's four major police departments—conducts proactive investigations. Cases also originate from reports by internet service providers, tips to the National Center for Missing and Exploited Children's CyberTipline, multi-agency task force operations, and sometimes through discoveries by employers or family members who encounter material on shared devices. Should I talk to investigators before hiring an attorney? No. You have an absolute right to remain silent and to have an attorney present during questioning. Statements made to investigators—even statements you believe are exculpatory—can be used against you and may limit defense options later. Contact an attorney before speaking with law enforcement about any aspect of an exploitation investigation. Protect Your Future A second-degree sexual exploitation charge in Wake County threatens everything you've built—your career in the Research Triangle, your professional standing, your family's security. These cases are complex, the consequences are severe, and the prosecution has significant resources. Patrick Roberts is a graduate of the Gerry Spence Trial Lawyers College, where he trained directly with one of America's most accomplished trial attorneys. That training emphasized a client-centered philosophy that treats every case as the most important one. Combined with his prosecutorial background, sex-crimes defense training, and familiarity with Wake County courts, he brings the preparation these serious charges demand. If you face second-degree exploitation charges in Cary or anywhere in Wake County, contact Patrick Roberts Law to discuss your defense. Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Case results depend upon a variety of factors unique to each case. Prior results do not guarantee a similar outcome.

Facing allegations involving indecent liberties with a minor represents one of the most serious legal challenges anyone can encounter. For residents of Cary and the broader Wake County area, understanding these charges and their implications is critical. These offenses carry severe penalties under North Carolina law and can permanently alter your life, career, and relationships. When accusations emerge—whether from a school investigation, a police inquiry by the Cary Police Department's Special Victims Unit, or a complaint filed with the Wake County District Attorney's Office—the stakes are extraordinarily high. The legal system moves quickly, and the decisions you make in the earliest stages of your case can determine the trajectory of your future. more What Does "Indecent Liberty with a Minor" Mean Under North Carolina Law? Under North Carolina law, taking indecent liberties with a minor encompasses several distinct offenses, each defined by specific circumstances and relationships between the accused and the alleged victim. N.C. Gen. Stat. § 14-202.1 addresses the general offense of taking indecent liberties with children. This statute applies when a person who is at least 16 years old and at least five years older than a child under 16 years of age either: Willfully takes or attempts to take any immoral, improper, or indecent liberties with the child for the purpose of arousing or gratifying sexual desire, or Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part of the body of the child This offense is classified as a Class F felony, carrying substantial criminal consequences. N.C. Gen. Stat. § 14-202.4 targets a specific category of offenders: school personnel who take indecent liberties with students. This statute recognizes the position of trust and authority that teachers, administrators, coaches, and other school personnel hold. The law applies when: The defendant is a teacher, school administrator, student teacher, school safety officer, coach, or other school personnel The defendant takes indecent liberties with a student at any time during or after they were present together in the same school The offense occurs before the victim ceases to be a student For professionals working in Cary's Wake County Public School System—which serves the community's five high schools and numerous elementary and middle schools—these charges carry particular weight. The statute makes clear that consent is not a defense, and marriage to the student provides the only exception. The definition of "indecent liberties" under this statute mirrors the general definition: willfully taking any immoral, improper, or indecent liberties with a student for the purpose of arousing or gratifying sexual desire, or willfully committing any lewd or lascivious act upon or with the student's body. Notably, the term excludes vaginal intercourse or sexual acts, which fall under separate criminal statutes. Who Can Be Charged with Taking Indecent Liberties with a Minor in Cary? The scope of who can face these charges extends broadly under North Carolina law. Understanding the different categories helps clarify when these statutes apply. General Population Cases Any person who is at least 16 years old and five years older than a child under 16 can be charged under N.C. Gen. Stat. § 14-202.1. This means: An 18-year-old can be charged for conduct with a 12-year-old A 21-year-old can be charged for conduct with a 15-year-old A 30-year-old can be charged for conduct with a 14-year-old The age differential requirement serves as a critical element of the offense. Prosecutors must prove this age gap beyond a reasonable doubt. School Personnel Cases N.C. Gen. Stat. § 14-202.4 specifically targets school personnel, defining this category broadly to include: Teachers at public schools, charter schools, and nonpublic schools School administrators Student teachers School safety officers and school resource officers Coaches Any person who volunteers at a school or school-sponsored activity Anyone employed by a school, including support staff For school personnel who are at least four years older than the student, the offense is a Class G felony. For school personnel who are less than four years older than the student (but still school personnel), the offense remains a Class G felony under subsection (b). In Cary's highly educated community—where over 68% of adults hold bachelor's degrees or higher—many residents work in educational settings. The Research Triangle Park area's concentration of professionals means that educators, coaches, and school volunteers from Cary may find themselves particularly vulnerable to accusations, whether founded or unfounded. Substitute Parents and Custodians N.C. Gen. Stat. § 14-27.31 addresses a third category: those who have assumed the position of a parent in the home of a minor, or those who have custody of a victim of any age. This statute applies when: The defendant has assumed the position of a parent in the home The defendant has custody through employment or agency relationship with an institution The conduct involves vaginal intercourse or a sexual act This offense is classified as a Class E felony and recognizes the vulnerability created by relationships of dependency and authority within the home. What Actions Constitute Indecent Liberties Under North Carolina Law? Understanding what conduct falls within the definition of "indecent liberties" requires examining both the statutory language and how North Carolina courts have interpreted these provisions. The Statutory Framework The statutes identify two categories of prohibited conduct: Taking or attempting to take any immoral, improper, or indecent liberties with a minor for the purpose of arousing or gratifying sexual desire Committing or attempting to commit any lewd or lascivious act upon or with the body of a minor These definitions are intentionally broad, encompassing a wide range of behavior that falls short of sexual intercourse or sexual acts (which are charged under separate statutes). Key Elements Prosecutors Must Prove For a conviction under these statutes, the Wake County District Attorney's Office must establish several elements beyond a reasonable doubt: The age requirements: The defendant and alleged victim meet the statutory age criteria Willful conduct: The defendant acted intentionally, not accidentally or inadvertently The nature of the act: The conduct was immoral, improper, indecent, lewd, or lascivious Sexual purpose: For the arousal/gratification prong, prosecutors must prove the defendant acted for the purpose of arousing or gratifying sexual desire The requirement of sexual purpose represents a critical element. Not every inappropriate interaction with a minor constitutes indecent liberties under North Carolina law. The prosecution must prove the defendant's specific intent. Examples of Conduct That May Be Charged While each case depends on its unique facts, prosecutors have pursued indecent liberties charges based on conduct including: Inappropriate touching of a minor's body Exposing one's genitals to a minor Requesting that a minor expose themselves Sexually explicit communications with a minor Arranging meetings with a minor for sexual purposes Showing sexually explicit material to a minor In today's digital age, many cases involve electronic communications. Residents of Cary—home to major technology employers like SAS Institute and located near the Research Triangle Park's concentration of tech companies—should understand that text messages, social media communications, emails, and other digital evidence frequently form the basis of these prosecutions. Does Consent Matter in Indecent Liberty Cases? One of the most critical aspects of North Carolina's indecent liberties statutes is the explicit rejection of consent as a defense. Statutory Language on Consent Both N.C. Gen. Stat. § 14-202.1 and N.C. Gen. Stat. § 14-202.4 state unequivocally: "Consent is not a defense to a charge under this section." This means that even if the minor appeared willing, actively participated, or even initiated the conduct, these facts do not provide a legal defense to the charge. North Carolina law recognizes that minors lack the legal capacity to consent to sexual conduct with adults, particularly those in positions of authority. The Policy Behind the Consent Prohibition This legal principle reflects several important policy considerations: Protection of vulnerable youth: Minors may not fully understand the implications of sexual conduct or may be unable to resist pressure from adults Recognition of power imbalances: Particularly in school settings, the inherent authority of teachers and other school personnel creates an unequal relationship Developmental considerations: Adolescents may lack the judgment and maturity to make informed decisions about sexual conduct For those accused, this statutory provision eliminates what might otherwise seem like an obvious defense. The alleged victim's statements indicating willingness or desire to participate do not negate the criminal nature of the conduct under North Carolina law. Exceptions: Lawful Marriage N.C. Gen. Stat. § 14-202.4 provides one narrow exception: "A person is not guilty of taking indecent liberties with a student if the person is lawfully married to the student." This exception applies only to the student-specific statute and requires a lawful marriage. It does not extend to the general indecent liberties statute or other related offenses. How Are These Cases Investigated in Cary and Wake County? Understanding the investigation process helps those accused make informed decisions about their defense. Initial Reports and Allegations Investigations typically begin when someone reports alleged inappropriate conduct to authorities. Common sources of initial reports include: The alleged victim disclosing the conduct to a parent, teacher, counselor, or friend A third party observing concerning behavior Discovery of suspicious communications on a minor's electronic device Mandatory reporting by professionals who work with children In Cary, reports may come to the Cary Police Department directly, or they may first surface through the Wake County Public School System's internal processes. North Carolina law requires certain professionals—including teachers, school personnel, and healthcare providers—to report suspected child abuse, including sexual abuse. Law Enforcement Investigation Once a report reaches law enforcement, the Cary Police Department's Special Victims Unit typically handles the investigation. This specialized unit focuses specifically on cases involving domestic violence, sexual assault, and crimes against children. The investigation may include: Forensic interviews of the alleged victim: Trained professionals conduct these interviews using techniques designed to elicit reliable information without leading or suggestive questioning Collection of physical evidence: This may include clothing, bedding, or other items that might contain DNA or other forensic evidence Analysis of electronic evidence: Investigators examine cell phones, computers, tablets, social media accounts, and other digital communications Witness interviews: Police speak with anyone who might have relevant information, including family members, friends, teachers, and others Interview of the suspect: Law enforcement may attempt to interview the accused person The Cary Police Department collaborates with state and federal agencies on complex cases, including participation in multi-agency task forces such as Operation Southern Impact and the Invictus Project, which target child exploitation. Interaction with the Wake County District Attorney's Office As the investigation progresses, the Cary Police Department works closely with the Wake County District Attorney's Office, which will ultimately make charging decisions and handle prosecution if the case proceeds. Prosecutors review the evidence to determine: Whether probable cause exists to support criminal charges Which specific charges are appropriate given the facts Whether the case can be proven beyond a reasonable doubt at trial For cases involving alleged indecent liberties, prosecutors typically take an aggressive approach, reflecting the serious nature of these offenses and community concerns about protecting children. What Should You Do If You're Under Investigation or Facing Charges? The actions you take immediately after learning of an investigation or arrest can significantly impact the outcome of your case. Invoke Your Right to Remain Silent If law enforcement contacts you about an investigation: Do not make statements without an attorney present: Anything you say can and will be used against you in court Politely decline to answer questions: You have a constitutional right to remain silent, and exercising this right cannot be used against you Do not try to "explain away" the accusations: Many people facing accusations believe they can convince investigators of their innocence through conversation—this strategy almost always backfires Even innocent explanations can be misconstrued or taken out of context. Investigators are trained in interrogation techniques designed to elicit admissions, even from innocent people. In Cary's affluent, educated community, many residents have never had contact with law enforcement and may not understand how these investigations work—this unfamiliarity can lead to critical mistakes. Preserve Potential Evidence While you should not destroy any evidence: Do not delete communications: Deleting text messages, emails, or social media content can be charged as obstruction of justice or evidence tampering Do not contact the alleged victim or their family: Any contact can be misinterpreted as witness intimidation or tampering Do not discuss the case on social media: Anything you post can be discovered and used against you Secure Experienced Legal Representation Immediately Time is critical in these cases. The earlier you have an attorney involved, the better your chances of a favorable outcome. An experienced criminal defense attorney can: Intervene in the investigation: Your attorney may be able to prevent charges* from being filed or negotiate reduced charges* before formal prosecution begins Protect your constitutional rights: Legal counsel ensures law enforcement follows proper procedures and respects your rights Begin building your defense immediately: Early investigation can uncover exculpatory evidence or witness statements that support your version of events Advise you on critical decisions: From whether to submit to questioning to how to respond to search warrants, your attorney guides you through complex legal choices For Cary residents, finding an attorney with specific experience in sex crimes cases is essential. These cases involve unique legal issues, specialized forensic evidence, and prosecution strategies that differ from other criminal matters. * Disclaimer: Each case is different and must be evaluated separately. Prior results achieved do not guarantee similar results can be achieved in future cases. What Defense Strategies Might Apply in Your Case? Every case is different, and the appropriate defense strategy depends on the specific facts and evidence. However, several common approaches may apply. Challenging the Evidence A thorough examination of the prosecution's evidence often reveals weaknesses: Inconsistencies in the alleged victim's account: Changes in the story, contradictions between different statements, or implausible details can undermine credibility Lack of corroboration: If the case rests entirely on one person's word against another's, without physical evidence or witness testimony, the prosecution may struggle to meet its burden of proof Improper investigative techniques: Suggestive questioning, leading interviews, or violations of proper forensic protocols can taint evidence Chain of custody issues: For physical or electronic evidence, any break in the chain of custody can render evidence inadmissible In cases involving digital evidence—particularly relevant in Cary's tech-savvy community—defense attorneys may challenge the authentication, collection, or analysis of electronic communications. Establishing Alternative Explanations In some cases, the defense can present evidence showing that: The conduct was misinterpreted: Actions that appeared inappropriate had innocent explanations The physical contact was accidental: Unintentional touching may have been perceived as deliberate The relationship was mischaracterized: The defendant's role or position may not fit the statutory definitions Challenging the Age Elements Since the statutes require specific age differentials, proving or disproving ages becomes critical: Demonstrating the defendant is younger than alleged Establishing the alleged victim is older than claimed Proving the age gap doesn't meet statutory requirements Questioning Motive and Bias Some cases involve allegations that stem from: Custody disputes: False accusations may emerge in contentious divorce or custody proceedings Teenage manipulation: Adolescents may make false reports to avoid punishment, seek attention, or retaliate for perceived slights Misunderstandings that escalate: Initial concerns or questions may snowball into formal accusations through misinterpretation In Cary's community, where residents often work in competitive professional environments and maintain complex social networks, the motivation behind accusations sometimes proves relevant to the defense. Demonstrating Constitutional Violations If law enforcement violated your constitutional rights during the investigation: Illegal searches: Evidence obtained through unlawful searches may be suppressed Coerced statements: Confessions obtained through improper interrogation techniques can be excluded Right to counsel violations: Statements made after you invoked your right to an attorney may be inadmissible How Does North Carolina Law Address Sentencing for These Offenses? While we cannot specify exact sentence lengths, understanding the sentencing framework helps you grasp the potential consequences you face. Felony Classifications North Carolina classifies indecent liberties offenses as felonies: Class F felony: N.C. Gen. Stat. § 14-202.1 (general indecent liberties with children) Class G felony: N.C. Gen. Stat. § 14-202.4 (indecent liberties with a student) Class E felony: N.C. Gen. Stat. § 14-27.31 (sexual activity by substitute parent or custodian) These classifications reflect the seriousness with which North Carolina treats these offenses. Structured Sentencing System North Carolina uses a structured sentencing system that considers two primary factors: The offense class: The classification of the crime (Class E, F, or G) The defendant's prior record level: Calculated based on previous convictions N.C. Gen. Stat. § 15A-1340.16 provides for aggravating and mitigating factors that can affect sentencing. The court examines evidence of circumstances that make the offense more or less serious than typical cases. Aggravating Factors Under N.C. Gen. Stat. § 15A-1340.16(d), numerous aggravating factors may apply to these cases, including: The victim was very young or otherwise particularly vulnerable The defendant took advantage of a position of trust or confidence, including a domestic relationship The defendant involved a person under the age of 16 in the commission of the crime The defendant committed an offense knowing that a person under 18 who was not involved was in a position to see or hear the offense The offense was especially heinous, atrocious, or cruel The state bears the burden of proving aggravating factors beyond a reasonable doubt. In most cases, a jury must determine whether aggravating factors exist before the court can impose an aggravated sentence. Mitigating Factors N.C. Gen. Stat. § 15A-1340.16(e) identifies mitigating factors that may support a reduced sentence, including: The defendant has been a person of good character or had a good reputation in the community The defendant supports the defendant's family The defendant has accepted responsibility for the criminal conduct The defendant has a positive employment history or is gainfully employed The defendant has a good treatment prognosis and a workable treatment plan is available The defendant bears the burden of proving mitigating factors by a preponderance of the evidence. Collateral Consequences Beyond Incarceration A conviction carries consequences that extend far beyond potential incarceration: Sex offender registration: Conviction requires registration as a sex offender, with regular reporting requirements, address restrictions, and public disclosure Employment impacts: Many professions become inaccessible, including teaching, healthcare, childcare, and positions requiring professional licenses Housing restrictions: Sex offender status limits where you can live, particularly regarding proximity to schools and childcare facilities Custody and visitation: Convictions can result in loss of parental rights or severely restricted access to your children Immigration consequences: Non-citizens face potential deportation and bars to naturalization Loss of civil rights: Felony convictions result in loss of the right to vote, possess firearms, and serve on juries For Cary residents—many of whom work in professional fields requiring advanced degrees and credentials—these collateral consequences can be as devastating as the direct criminal penalties. Why Does Patrick Roberts Law Bring Unique Advantages to These Cases? When facing charges as serious as indecent liberties with a minor, the attorney you choose can make the difference between conviction and acquittal, between incarceration and freedom. Prosecutor Experience in Sex Crimes Attorney Patrick Roberts brings invaluable insight from his prior experience as a prosecutor handling sex crimes cases. This background provides several strategic advantages: Understanding prosecution strategy: Having built these cases from the state's perspective, Patrick Roberts knows how prosecutors think, what evidence they prioritize, and what weaknesses they worry about Anticipating the state's case: Prosecutor experience enables prediction of how the state will present its evidence and what arguments they'll make Recognizing investigative flaws: Former prosecutors know proper investigative procedures and can quickly identify when law enforcement has cut corners or violated protocols Patrick Roberts Law offers the powerful combination of insider knowledge from a former prosecutor and the dedicated defense advocacy your case demands. Early Intervention Makes a Critical Difference The earlier you secure experienced legal representation, the more options remain available: Pre-charge intervention: Before formal charges are filed, an attorney may present evidence or legal arguments that convince prosecutors not to pursue the case Bond and pretrial release: Immediate representation at the initial appearance increases the likelihood of reasonable bond conditions Evidence preservation: Early investigation prevents the loss of exculpatory evidence and identifies witnesses while memories remain fresh Protection of rights: Having an attorney from the outset ensures law enforcement respects your constitutional rights throughout the investigation Many people make the critical mistake of waiting—hoping the investigation will go away, believing they can handle the matter themselves, or simply paralyzed by fear and uncertainty. This delay often proves devastating to the defense. In Cary's close-knit community, where reputations matter and word travels quickly through social networks and professional circles, early action to protect your interests becomes even more important. The sooner you engage experienced counsel, the better positioned you are to minimize damage to your reputation while we work to resolve the criminal charges. Take Action Now to Protect Your Future Accusations of indecent liberties with a minor strike at the core of your life—threatening your freedom, your family relationships, your career, and your standing in the community. In Cary, where the Special Victims Unit of the Cary Police Department and the Wake County District Attorney's Office pursue these cases aggressively, you need a defense attorney who understands both the law and the prosecution's approach. The time to act is now—before you make statements that can't be taken back, before evidence disappears, before options for your defense narrow. Patrick Roberts Law offers the combination of prosecutor experience and dedicated criminal defense advocacy that sex crimes cases demand. With specific knowledge of how the state builds these cases, we know how to dismantle the prosecution's evidence and fight for the best possible outcome in your situation. Don't face these charges alone. Contact Patrick Roberts Law today to discuss your case* in a confidential consultation. Every day that passes without experienced legal counsel working on your behalf is a day lost in building your defense. *Disclaimer: Each case is different and must be evaluated separately. Prior results achieved do not guarantee similar results can be achieved in future cases.

What Are Indecent Liberties with a Minor? In North Carolina, "indecent liberties with a minor" refers to inappropriate sexual conduct with a child under 16 years old. North Carolina General Statute § 14-202.1 makes this behavior a serious crime when someone: Is at least 16 years old Is at least 5 years older than the child Takes improper sexual actions with a child for sexual pleasure, or Performs or attempts to perform a sexual act with a child under 16 The meaning of taking indecent liberties with a child is intentionally broad in North Carolina law to protect children from various forms of sexual misconduct. more Examples of Indecent Liberties with a Minor North Carolina courts have ruled that many actions can count as taking indecent liberties with a child: Touching a child inappropriately (over or under clothing) Exposing yourself to a child Asking a child to expose themselves Taking sexual photos of a child Having sexual conversations with a child (including online) Showing sexual material to a child A key point about indecent liberties with a minor meaning: physical touching is not required for a conviction. In the case State v. Hammett (2006), North Carolina courts established that even creating situations where a child sees sexual activity can qualify as indecent liberties with a child. Common Misunderstandings About Indecent Liberties Charges Many people misunderstand what indecent liberty with a minor offense involves: Age Mistakes Don't Matter: Even if you truly believed the minor was over 16, this is not a valid defense. North Carolina law doesn't allow "mistake of age" as a defense against indecent liberties with a child. The Child's "Agreement" Doesn't Matter: North Carolina law recognizes that children under 16 cannot legally consent to sexual activities with adults. Any perceived "willingness" from the minor doesn't change the criminal nature of the act. No Touching Required: Many assume indecent liberties with a child requires physical contact, but North Carolina courts have consistently ruled that non-contact sexual behaviors can also constitute this offense. Penalties for Indecent Liberties with a Minor in North Carolina If convicted of indecent liberties with a minor NC penalties are severe: Felony Level: Class F felony (N.C.G.S. § 14-202.1) Prison Time: Typically 10-59 months depending on your record Sex Offender Registration: Required for at least 30 years Living Restrictions: Cannot live within 1,000 feet of schools or childcare facilities Employment Limitations: Restrictions on working with children The sentence for indecent liberties with a child in North Carolina can vary based on previous criminal history. First-time offenders might receive 10-13 months, while those with prior convictions could face longer sentences. What Prosecutors Must Prove in Indecent Liberties Cases For a conviction of indecent liberties with a child in NC, prosecutors must show beyond reasonable doubt: Your Age: You were at least 16 years old Age Difference: You were at least 5 years older than the child Child's Age: The child was under 16 when it happened Sexual Purpose: The act was for sexual pleasure Intentional Action: You acted on purpose, not by accident How Indecent Liberties Cases Move Through Court If charged with taking indecent liberties with a minor in North Carolina, your case will follow these steps: First Court Appearance Within days of arrest, you'll go before a judge who will: Tell you what you're charged with Set bail conditions Determine if you need a court-appointed attorney Evidence Exchange Your attorney receives evidence from prosecutors, including: Police reports Witness statements Any physical evidence Electronic communications Pretrial Motions Your attorney may file legal requests to: Block evidence that was improperly collected Dismiss charges based on legal issues Exclude certain testimony Possible Plea Agreement Many indecent liberties with a student or child cases end with agreements where you might: Plead to a less serious charge Negotiate for probation instead of jail Address sex offender registration requirements Trial If your case goes to trial, you have the right to: Have a jury decide your case Question all witnesses against you Present your own evidence and witnesses Remain silent without it counting against you Be found guilty only with proof beyond reasonable doubt Defense Strategies for Indecent Liberties Charges A good North Carolina defense attorney may use several approaches: Constitutional Challenges Questioning whether police followed proper procedures when collecting evidence or questioning you. Factual Defenses Proving you were somewhere else when the alleged incident happened Showing the claimed acts didn't occur as described Demonstrating that interactions weren't sexual in nature Witness Credibility Issues Identifying problems with witness testimony, such as: Contradictions in their story Evidence of coaching or improper influence Motivation to make false claims Sex Offender Registration Requirements The indecent liberties with a minor NC conviction carries strict registration requirements: Register with your local sheriff within 3 days after release Verify your information in person every 6 months Report any address change within 3 days Inform authorities about online accounts Follow strict rules about where you can live and work After at least 10 years, some people may request removal from the registry if they: Have maintained a clean record Complete required mental health evaluations Can show they no longer pose a risk to public safety Why Getting Legal Help Early Is Crucial Getting an experienced attorney immediately after being accused of indecent liberty minor North Carolina can make a huge difference: Protecting Your Rights: Making sure police and prosecutors follow the law Preserving Evidence: Securing helpful evidence before it disappears Finding Witnesses: Interviewing people while memories are fresh Planning Your Defense: Building the most effective strategy from the start Possibly Reducing Charges: Sometimes talking with prosecutors before formal charges are filed How Digital Evidence Affects Indecent Liberties Cases Modern indecent liberties with a minor examples often involve digital evidence: Text messages Social media posts and messages Email exchanges Dating app conversations Digital photographs Location data from phones A knowledgeable defense attorney will understand how to properly challenge such evidence or show its proper context. Long-Term Effects Beyond Jail Time Beyond the indecent liberties with a child jail time, a conviction affects: Jobs: Many employers won't hire registered sex offenders Housing: Difficulty finding places to live due to background checks and restrictions Education: Limitations on attending certain schools Relationships: Strain on family ties and personal relationships Community Standing: Ongoing stigma in your community Travel: Restrictions on international travel Most indecent liberties with a child sentence NC convictions cannot be removed from your record, making these consequences last a lifetime. Conclusion: Protecting Your Future Facing indecent liberties with a minor charges in North Carolina represents one of the most serious legal challenges a person can face. The combination of potential prison time, sex offender registration, and lasting social stigma makes these cases particularly difficult. With knowledgeable legal representation, thorough case preparation, and strategic defense planning, those facing allegations of taking indecent liberties with a minor can navigate the legal system more effectively. Understanding what prosecutors must prove, knowing available defense strategies, and getting early legal help provides the foundation for the strongest possible defense. If you or a loved one are facing a charge for indecent liberties with a minor, you deserve a legal advocate with the experience and dedication to secure the best possible outcome. Attorney Patrick Roberts of Patrick Roberts Law has successfully defended numerous clients facing indecent liberties with a minor. Contact our firm today for a confidential consultation.

Harnett County, NC – A former sheriff’s deputy in Harnett County is currently under investigation for alleged misconduct and child exploitation. Suspicions were first raised against the 35-year-old ex-officer in October 2023. Court documents say that the accused individual “did facilitate minor… unknowing female children approximately 7 to 12 years old, to engage in sexual activity… for a live performance.”  There have been claims that he destroyed digital evidence in October, the same month when the Harnett County Sheriff’s Office was alerted to these allegations. Allegations and Legal Proceedings Against Former Officer The former officer is accused of engaging in unlawful acts involving underage girls. On December 4, 2023, charges were officially brought against him. These comprised 10 counts of first-degree sexual exploitation of a minor and one count of obfuscation of justice for purportedly destroying evidence. Initially, a bond of $1 million was ordered, but this was later reduced to $500,000 during the first court appearance. The bail was posted, and the former officer was released from jail. In response, the Harnett County Sheriff’s Office dismissed the accused from his position on November 30 due to alleged policy violations. The investigation into this case is ongoing, and authorities have stated that more charges against the former officer are possible. However, it is important to note that the accused retains the presumption of innocence until proven guilty in a court of law. If you or a loved one is facing similar charges or have been wrongly accused of a sex offense, seek legal assistance from Patrick Roberts Law PLLC. Attorney Patrick Roberts, a reputable and formidable sex crime lawyer, will vigorously advocate for your rights and aim for the best possible outcome for your case. Exemplary Defense: From Overwhelming Bail to Acquittal In the past, Attorney Patrick Roberts has successfully* defended a client who was wrongfully accused of a criminal offense. The initial bail amount was set at an overwhelming $1 Million, but through Mr. Roberts’ dedicated efforts, this was significantly reduced to $50,000. Subsequently, the charges were dropped even before the trial could commence. In dealing with allegations of sex crimes, the knowledge and experience of Attorney Patrick Roberts could be invaluable. If you find yourself in need of a criminal defense lawyer in North Carolina for similar charges, do not hesitate to contact Patrick Roberts Law PLLC at 919-746-7206. Payment options are available. See the client testimonial about Attorney Patrick Roberts on the previous case he handled, as mentioned above: Source: https://www.avvo.com/attorneys/27609-nc-apatrick-roberts-1732171/reviews.html?page=3 “I was in jail with no end in sight with a 1 million dollar bail set for crimes I did not commit. …Searching franticly for a lawyer, my wife came across Mr. Roberts who’s office was very knowledgeable in answering our questions since this was our first experience with the criminal legal system. We worked out a payment plan for the legal expenses which was a blessing since we initially did not have the whole amount up front. With the price Mr. Roberts charged us I feel like I underpaid for what he has done for me and my family. The 1st step was to lower bail so that I could get out of jail. Needless to say after a great argument Bail was lowered from ‘1 million dollars to $50,000’ with house arrest where I had to wear an ankle monitor. …Mr. Roberts was very thorough in his argument to remove the house arrest that the judge granted it even before the DA had a chance to speak. It was great to watch the DA left speechless! …SO this case never went to trial, ALL CHARGES WERE DISMISSED and now I have my life back” *Disclaimer: Each case is different and must be evaluated on its individual facts. Attorney Roberts works hard to assess each case individually. Prior results do not guarantee any future outcome. The above review is not the only feedback the firm has received. Share: