Patrick Roberts Law is a North Carolina criminal defense firm that defends people accused of child pornography offenses, charged in this state as sexual exploitation of a minor, in courts across North Carolina and in federal court. From offices in Raleigh, Durham, Chapel Hill, and Cary, we represent clients who are under investigation for, or charged with, possessing, receiving, distributing, or producing child sexual abuse material, at both the state and federal level. These are among the most serious and most technically complex cases in criminal law. They are built on digital forensics, search warrants, and the fine print of what the government can actually prove. Whether you have just learned you are under investigation or have already been charged, Patrick Roberts Law handles the full range of these allegations and the lifelong consequences that ride on how they are resolved. Which Child Pornography Charges Do We Defend? Possession of Child Sexual Abuse Material We represent clients charged with third-degree sexual exploitation of a minor under N.C. Gen. Stat. § 14-190.17A, North Carolina's possession offense, a Class H felony. The firm also represents clients facing federal possession charges under 18 U.S.C. § 2252A. Those charges carry up to 10 years in prison, or up to 20 years if the material depicts a prepubescent minor or a child under 12. The State or the government must prove that a person knowingly possessed material and knew its character or content. That word, knowingly, does a great deal of work. Automatic browser caching, shared and family devices, and files downloaded in a bundle but never opened all directly affect whether possession was truly knowing. We examine who had access to the device, how the files got there, and whether you ever knew they existed. In a possession case, knowledge and control are frequently where the case is won or lost. Receiving, Distributing, and Sharing Material We represent clients charged with second-degree sexual exploitation of a minor under N.C. Gen. Stat. § 14-190.17, a Class E felony that covers recording, duplicating, distributing, transporting, receiving, selling, or exchanging this material. The same conduct is often charged federally under 18 U.S.C. § 2252A as receipt or distribution, which carries a five-year mandatory minimum and up to 20 years in prison. Distribution is charged far more seriously than simple possession. So how the material moved (and whether you knew it was being shared) can be the difference between a possession theory and a distribution theory. In both state and federal court, the government must prove the person knew the character or content of the material. The U.S. Supreme Court has held that "knowingly" extends to knowing that the person depicted was a minor (United States v. X-Citement Video). We build our defense around exactly what the evidence shows you knew and did. Producing Material and Using a Minor to Create It We represent clients charged with first-degree sexual exploitation of a minor under N.C. Gen. Stat. § 14-190.16, the most serious of the state exploitation offenses. It is a Class C felony that covers using, employing, inducing, or coercing a minor to take part in producing this material. Under North Carolina's sentencing structure, first-degree sexual exploitation is a Class C felony carrying a presumptive minimum sentence of 58 to 73 months at the lowest prior record level. The federal counterpart, production under 18 U.S.C. § 2251, is far harsher, carrying a 15-year mandatory minimum and a range of 15 to 30 years for a first offense. Production cases depend on precise elements. Federally, the government must prove that creating an image was "a purpose" of the conduct, not merely an incidental result. The Fourth Circuit enforced that requirement when it reversed a conviction built on a single deleted photograph (United States v. Palomino-Coronado). We hold the prosecution to every element the statute demands. What Happens If My Case Goes to Federal Court? We represent clients charged in federal court, where the same conduct is usually punished more severely than under state law. In federal court, there is also effectively no statute of limitations on these offenses. Production under 18 U.S.C. § 2251 carries a 15-year mandatory minimum, rising to 25 to 50 years with one qualifying prior conviction and 35 years to life with two or more. Receipt and distribution under § 2252A carry a five-year mandatory minimum. The scale and severity are real. In fiscal year 2025, 1,432 people were sentenced in federal court for child pornography offenses, a figure that has risen 18% since fiscal year 2021. That year, the average federal sentence was 118 months, about 83 months for possession and 156 months for trafficking, and 86% of trafficking defendants faced a five-year mandatory minimum. Federal cases from the Raleigh area are prosecuted in the Eastern District of North Carolina and cases from the Durham area in the Middle District. In North Carolina's federal courts, 36 people were sentenced for child pornography offenses in fiscal year 2024. Across all offenses in the Eastern District, nearly every person sentenced that year was convicted by a guilty plea rather than at trial. That is a reminder of how rarely the government's cases are put to the test, and why experienced, early defense work matters. What About AI-Generated, Altered, and "Deepfake" Images and Child Sex Dolls? Effective December 1, 2024, North Carolina expanded all three degrees of sexual exploitation to cover material "created, adapted, or modified to appear that an identifiable minor" is engaged in sexual activity. The change also covered child sex dolls modeled on an identifiable minor. We represent clients charged under these newer provisions, where the decisive question is often whether the image depicts a real, identifiable child. That question has a constitutional dimension. The U.S. Supreme Court has held that wholly virtual material, material with no real or identifiable minor, cannot be criminalized as child pornography (Ashcroft v. Free Speech Coalition). As artificial-intelligence tools make altered and synthetic images more common, the identity and reality of the person depicted becomes a genuine and highly technical battleground, one that increasingly calls for forensic and expert analysis. We are prepared to litigate it. What to Expect When You Contact the Firm When you reach out to us, the first step is a confidential conversation about the allegations and where things stand: whether that is a knock from investigators, a seized phone or computer, a target letter, or a filed charge. We will want to understand how the case came to be: whether it started with a CyberTipline report, an ICAC operation, or a search warrant, and what the government appears to have. From there, the firm looks hard at the evidence and how it was obtained: the validity and scope of any search, the forensic analysis of the devices, and whether the government can actually prove knowing possession, distribution, or production. We will explain whether the case is likely to proceed in state court or in federal court in the Eastern or Middle District, and what you could be facing. We will also explain how issues like per-image charging can multiply counts, and what the registration and other long-term consequences would be. You will get a clear, direct assessment and a strategy, not vague reassurance. If you have been contacted by investigators or believe you are under investigation, two things generally help your position. First, do not discuss the matter with law enforcement without a lawyer present. Second, do not delete, alter, or "clean up" any device or account. Preserving your rights early is often what gives the defense the most room to work. Experienced Criminal Defense Representation Attorney Patrick Roberts brings over two decades of focused legal experience to the defense of individuals facing serious charges involving the possession, distribution, and production of sexually explicit material. A former Assistant District Attorney who transitioned to private practice in 2007, Mr. Roberts has dedicated the majority of his career to navigating high-stakes criminal litigation, including handling more than 250 felony sex crime cases. His practice centers on rigorous evidence analysis, particularly regarding complex digital forensics, search warrant validity, and the technical requirements of federal sentencing guidelines. Admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeals for the Fourth Circuit, Mr. Roberts possesses the courtroom expertise to challenge the prosecution’s case at every stage of the investigation. By combining his background in prosecutorial tactics with a deep knowledge of current digital evidence standards, he provides clients with a defense built on strategic analysis and a comprehensive understanding of both North Carolina state law and federal jurisdiction. • AV Preeminent Rated: Maintained the peer-nominated AV Preeminent rating from Martindale-Hubbell for eight consecutive years (2018–2026), reflecting high standards of legal ability and ethics. • National Association of Distinguished Counsel: Selected to the "Nation's Top 1 Percent" designation in multiple years, including 2015–2018 and 2025–2026. • Duke Law Alumnus: Graduated from Duke University School of Law in 2000, establishing a rigorous foundation in legal analysis and litigation strategy. • Former Prosecutor Perspective: Served as an Assistant District Attorney from 2003–2007, managing dedicated dockets for juvenile sex crimes, felony drug offenses, and domestic violence. • Advanced Training: Completed the "Defending Digital Sex Crimes Bootcamp" (2026) and the "Zealous Advocacy in Sexual Assault and Child Victim Cases" training (2025) via the National Association of Criminal Defense Lawyers. • Published Author on Digital Evidence: Co-authored the 2008 publication "Strategies for Defending Internet Pornography Cases," which focuses on analyzing electronic documents and utilizing expert witnesses. Client Review Mr. Roberts was amazing! Had a very difficult case & the outcome didn’t look bright at all. I was looking at some serious time. But he was able to get me probation (which wasn’t on the table at all before he got involved) He was honest, to the point & laid out everything that could be a possibility. Never gave false hope, just the facts & logically what we could do to possibly get this in my favor. I would recommend Mr. Roberts to anyone seeking REAL guidance, honest & qualifications to back it up. — Review by a verified client via Avvo Peer Endorsement Patrick Roberts is a fierce advocate on behalf of his clients. He and lawyers at his firm are excellent criminal defense lawyers who work hard to aggressively defend their clients. Patrick Roberts also has an excellent command of many of the technical issues... that are implicated in cases involving technology, forensic science and the like. I've watched him dissect hostile witnesses on the stand, and argue for excellent outcomes for his clients. — Peer endorsement by a fellow North Carolina trial attorney via Avvo Disclaimer: The client reviews and peer endorsements displayed are authentic testimonials and comments provided by clients and fellow attorneys. Every case is unique and must be evaluated individually; past client experiences and case results do not guarantee, promise, or predict similar outcomes in any future matter. Case Results • Child Sexual Abuse Material Possession Investigation: Law enforcement investigated an individual for downloading prohibited material, resulting in the seizure of evidence and a confession. Attorney Patrick Roberts provided mitigating evidence to the District Attorney, successfully negotiating a probationary resolution instead of incarceration. ○ Outcome: Probation with permission to transfer to another state. • Internet-Based Child Exploitation Charges: The client was charged with two counts related to online communications and photo exchanges with a minor. Attorney Roberts investigated the client's psychological background and presented expert evaluations to the prosecution, resulting in a favorable plea deal to non-sex offense misdemeanors. • ○ Outcome: Two misdemeanors with probation, avoiding prison, felony convictions, and sex offender registration. • Child Pornography Investigation and Misdemeanor Charges: An individual faced an investigation into child pornography allegations, as well as unrelated charges for misdemeanor larceny and resisting a public officer. An independent defense investigation uncovered contradictory evidence, leading to no federal charges being filed and the dismissal of all state-level charges. ○ Outcome: No charges filed and dismissal of all state charges. Disclaimer: Case outcomes depend upon a variety of factors unique to each case. Prior results do not guarantee or predict a similar outcome in any future legal matter. Protecting Your Rights in High-Stakes Defense The investigation of sensitive digital offenses demands a defense grounded in meticulous forensic analysis and an unwavering commitment to your rights. Whether you are facing state charges in Wake County—including Raleigh, Cary, Apex, Holly Springs, Garner, or Fuquay-Varina—or are under investigation in federal court, immediate and experienced legal counsel is essential. Patrick Roberts Law PLLC provides dedicated representation throughout North Carolina, challenging the prosecution's evidence at every stage to protect your future. If you or a loved one requires a robust defense strategy for complex charges, contact us today to discuss your situation in confidence. You can learn more about our firm’s approach and schedule a consultation by visiting www.patrickroberts.law. Explore North Carolina legal standards using the firm's Sex Offense Search Tool, which provides information on felony classes, potential penalties, and registration mandates. Review defense options and legal representation with Patrick Roberts. We maintain a selective intake process to ensure that each client receives the focused professional attention their case requires. Disclaimer: This article is general legal information, not legal advice. Reading it does not create an attorney-client relationship. North Carolina expunction law is almost entirely statutory and subject to legislative change, and how these rules apply depends on the specific facts of your case. For guidance on your situation, consult a licensed North Carolina attorney.
