Solicitation of a Minor by Computer Charges North Carolina

First-degree sexual exploitation of a minor is North Carolina's most serious child sexual abuse material (CSAM) charge. It's the offense the State brings when it believes someone used, coerced, or permitted a child to be filmed or photographed in sexual activity, or produced or profited from that material. It's a Class C felony under N.C. Gen. Stat. § 14-190.16. In North Carolina, that means a presumptive prison sentence measured in years, not months, plus lifelong consequences that outlast any sentence. This article walks through what the charge actually covers, why it matters that yours is "first degree," exactly what a prosecutor has to prove, how much prison time is realistically on the table, which defenses work and which don't, and what registration as a sex offender looks like. It ends with the concrete steps that matter most right now. What is first-degree sexual exploitation of a minor in North Carolina? It's the top-tier charge for producing child sexual abuse material, the conduct the law treats as creating the material or using a child to create it, as opposed to simply having it or passing it along. Under G.S. 14-190.16, a person commits this offense when, knowing the content and character of the material, they use, employ, induce, coerce, encourage, or facilitate a minor to take part in a live or recorded sexual performance, or permit a minor under their custody or control to do so, transport a minor for that purpose, or record or produce that material for sale or financial gain. A few things surprise people about this charge. First, it is not a statutory rape charge, and it's not the same thing as a hands-on sex offense. It’s about sexual material involving a child. Second, "material" is broad: photos, videos, and live-streamed performances all count. North Carolina's 2024 amendments (S.L. 2024-37) extended the statute to reach AI-generated or digitally modified images of an identifiable real child, and even a "child sex doll" modeled on an identifiable child. "Sexual activity" isn't left to the imagination either. It's specifically defined in G.S. 14-190.13. Why is my charge "first degree" and not second or third? Because North Carolina grades these offenses in three degrees by how close you allegedly were to creating the material. First degree is the most serious of the three. The degree you're charged with tells you where you sit on that ladder and how much prison time you're exposed to. • First degree, G.S. 14-190.16 (Class C, or Class D for the newer AI-image and child-sex-doll provisions): using, coercing, or permitting a minor to be recorded in sexual activity, or producing/profiting from that material. This is production-level conduct. • Second degree, G.S. 14-190.17 (Class E): recording, photographing, filming, or copying such material, or distributing, transporting, selling, receiving, or exchanging it. • Third degree, G.S. 14-190.17A (Class H): knowingly possessing it. The gap between the degrees is large. Third-degree possession is a Class H felony; second-degree is Class E; first-degree is a Class C felony, several classes more serious, with dramatically longer presumptive sentences. If you're charged in the first degree, the State is alleging you were involved in making the material or using a child to make it, not just that it was found on your device. What does the prosecutor have to prove to convict me? The State has to prove, beyond a reasonable doubt, that you acted "knowing the content and character of the material." It also has to prove that your conduct fits one of the specific first-degree acts in the statute: using or coercing a minor into a sexual performance, permitting a minor in your control to do so, or producing the material. The knowledge requirement is the backbone of the charge, and it's where a lot of real defense work happens. For a jury, this gets translated into the pattern jury instruction N.C.P.I.—Crim. 238.21 (the standard script a judge reads to jurors for first-degree sexual exploitation). Two points matter for how these cases are built: • The image is the unit of prosecution. North Carolina treats each individual image or file as its own offense, so a single device can generate many separate counts. In State v. Howell, 169 N.C. App. 58 (2005), each of the images on the defendant's hard drive supported a separate charge. That's why an arrest can turn into dozens of counts fast. • For AI or modified material, the child must be real and identifiable. The modification provisions reach depictions of an identifiable minor, an actual, real child. Purely fictional, computer-generated imagery that doesn't depict a real person raises a constitutional problem the State can't simply wave away (more on that below). Do they have to prove I physically touched or harmed a child? No. Proof of physical contact by you, visible injury, or a completed sex act with you is not part of what the statute requires. The offense depends on the sexual material and your knowing role in creating or producing it. This trips people up, because they assume a "sex crime" requires proof that someone was physically hurt. That cuts both ways. It means the State doesn't have to produce a physically injured witness to convict. But it also means the case rises or falls on the material and the digital evidence, which is exactly the terrain where the knowledge and identification questions live. The absence of any injury requirement is why forensic analysis of devices, files, and metadata usually matters far more in these cases than in a typical assault case. How much prison time am I actually facing? For a first-degree charge as a Class C felony, the presumptive sentence starts at a minimum of roughly 58 to 73 months (about five to six years) for someone with little or no prior record. It climbs steeply from there with prior convictions. That's the floor for a single count, before the factors that make these cases so dangerous. North Carolina sentences felonies under the Structured Sentencing Act ( G.S. 15A-1340.17), which sets the sentence from two things: the offense class and your prior record level (a point score based on past convictions). Three features drive the real risk up: 1. The reportable-offense add-on. Because this is a registrable sex offense, the maximum term isn't just the minimum plus the usual 20%. The statute adds 60 more months on top. In its own words, the maximum equals "the sum of the minimum term of imprisonment and twenty percent (20%) of the minimum term of imprisonment … plus 60 additional months." 2. Stacked counts. With each image chargeable separately (Howell), multiple counts are common. A judge has discretion under G.S. 15A-1354 to run sentences consecutively (one after another) rather than at the same time. 3. The AI/doll provisions are graded slightly lower but still severe. The newer provisions for modified images of an identifiable minor and for child sex dolls are Class D felonies, one step below Class C, but still a high-level felony carrying years of active prison time. These offenses are also not eligible for the conditional-discharge and deferral programs that can keep lower-level felonies off a record. For a Class C or Class D sex offense, that off-ramp isn't available. Can I argue I didn't know their age, or that the image was just AI? Not the way most people hope. Mistake of age is barred by the statute outright: the law says plainly that "mistake of age is not a defense to a prosecution under this section." And the person deciding your case is allowed to infer that a subject is a minor from how the material itself looks. So "I thought they were 18" is not a defense here. The "it was only AI, so there's no real victim" argument is more nuanced and easy to get wrong. There is a real constitutional line: in Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), the U.S. Supreme Court held that entirely virtual imagery (material that "records no crime and creates no victims by its production") is protected and can't be criminalized. But North Carolina's statute is written specifically to reach modified or AI-generated depictions of an identifiable, real minor. So whether this helps you depends entirely on whether the material depicts an actual identifiable child or a purely fictional, non-identifiable creation. That's a factual and technical fight, not a slogan. What defenses could actually work in my case? The realistic defenses cluster around what the State genuinely has to prove: knowledge, control, identity, and (for modified images) whether a real child is depicted. "Charged" is not "convicted," and in first-degree cases the defense often has more to work with than clients expect. What if I didn't knowingly possess or control the material? The State must prove you knew the character and content of the material and that the specific conduct was yours. Shared devices, automatic caching by apps and browsers, and unopened downloads all directly affect whether you knowingly did anything. Digital forensics (who actually accessed a file, when, and how it got there) is frequently the center of the case. What if the image was AI-generated or not of a real child? For any count based on a modified, "deepfaked," or AI-generated image, the Ashcroft line matters. If the depiction isn't of a real, identifiable child, it may fall outside what the statute can constitutionally punish. This requires scrutinizing the State's proof that an actual minor is depicted. What if the State can't prove it was me? The prosecution has to tie you to the production conduct, not just to a device or an account. Chain of custody, account attribution, and whether the alleged conduct actually meets the first-degree definition (production/use) rather than a lesser degree are all live issues that can reduce or defeat counts. Will I have to register as a sex offender, and for how long? Yes, a conviction for first-degree sexual exploitation is a "reportable conviction," so registration on North Carolina's sex offender registry is mandatory. The baseline term is at least 30 years. There is a possibility of petitioning the court to end registration after 10 years of a clean record under G.S. 14-208.12A. Registration becomes lifetime for anyone who is a recidivist, is convicted of an "aggravated offense," or is classified as a sexually violent predator ( G.S. 14-208.23). Whether a case falls into the 30-year or lifetime category is often the single most important collateral question, so it deserves close attention early. A few practical realities: • The registry is administered by the county sheriff: in the Raleigh area, the Wake County Sheriff, which maintains 874 registered offenders; Durham County has 506. • Courts treat registration as a civil, regulatory scheme rather than punishment (Smith v. Doe, 538 U.S. 84 (2003)). That's why it can attach even when it feels like a second sentence. • Failing to keep your registration current is itself a separate felony under G.S. 14-208.11, an independent charge on top of the original case. What should I avoid doing right now? The most common post-arrest mistakes are the ones that hand the State evidence it didn't have. Before anything else, avoid these: • Don't talk to investigators. Detectives are trained to build the case. Statements, even ones meant to explain or minimize, routinely become the strongest evidence against you. You have the right to remain silent and to have a lawyer present. Use it. • Don't touch, delete, or "clean up" any devices. Deleted files are routinely recovered by forensic examiners, and destroying or altering evidence can create new criminal exposure on top of the existing charge. Leave everything exactly as it is. • Don't consent to searches of your phone, computer, or accounts. Consent gives up rights that a lawyer may otherwise be able to use, including challenging how the evidence was obtained. Politely decline and ask to speak with an attorney. What should I do right now? Three steps matter more than anything else: 1. Stop talking and invoke your rights. Say clearly that you want a lawyer and that you're not answering questions, then stop. 2. Preserve everything and change nothing. Don't delete, move, or access files or devices connected to the allegation. 3. Get a defense attorney experienced in North Carolina child-exploitation cases, immediately. Because these cases depend on digital forensics and carry years of potential prison time and lifelong consequences, the early strategic decisions are the ones that shape the outcome. That last point is where the right lawyer can change the trajectory of a case. Strategic Defense Against Serious Sex Offense Allegations Facing a charge of First-Degree Sexual Exploitation of a Minor requires an immediate, sophisticated legal response, particularly given the state’s reliance on complex digital forensics and evolving statutes. Attorney Patrick Roberts brings over two decades of focused criminal defense experience to these high-stakes matters. A former Assistant District Attorney with a career built on handling more than 250 felony sex crime cases, Mr. Roberts possesses the specific technical expertise necessary to challenge government evidence regarding identity, knowledge, and digital control. His practice is defined by rigorous trial advocacy—including experience with cases involving the Internet Crimes Against Children (ICAC) Task Force—and he regularly collaborates with independent digital forensic experts to audit the State’s findings. With a practice dedicated exclusively to criminal defense, Mr. Roberts provides the strategic counsel required to navigate the severe implications of Class C felony allegations and protect the rights of those facing investigation or prosecution in North Carolina state and federal courts. • AV Preeminent Rating (2018–2026): Consistently awarded the highest peer-review rating by Martindale-Hubbell for professional excellence in legal knowledge, analytical capabilities, and ethical standards. • Top 1 Percent Recognition: Named to the Nation’s Top 1 Percent by the National Association of Distinguished Counsel for six separate years, including 2025 and 2026. • Duke University School of Law: Earned a Juris Doctor degree (J.D.) from a top-tier legal institution, providing a foundation for high-level complex litigation strategies. • Former Prosecutor Perspective: Leveraging four years of experience as an Assistant District Attorney—including service as a juvenile sex crimes prosecutor—to anticipate and counter the State’s case strategy in exploitation allegations. • Digital Forensics Training: Completed the "Defending Digital Sex Crimes Bootcamp" (2026) and maintains ongoing training in auditing government digital forensic evidence, directly relevant to challenging allegations involving digital material. Client Review Our family turned to Attorney Patrick Roberts during an incredibly difficult chapter in our lives. Although our daughter lived in Raleigh, we are based in Central New Jersey, which meant countless hours on the road and a constant struggle to stay on top of the legal process from several states away. From the moment we met Mr. Roberts, he brought a sense of steadiness and reassurance that made an overwhelming situation feel manageable. He took the time to explain his credentials, his experience, and the steps he would take to defend our daughter, who had been accused of multiple violations stemming from a domestic incident. His confidence was never arrogant—just the calm, professional assurance of someone who knows the law, knows the system, and knows how to protect the people who depend on him. — Review by a verified client via Avvo Peer Endorsement I endorse Andy. He is a highly skilled attorney that is well respected in the legal community. — 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 A prospective client should always know the kind of work and outcomes an attorney has achieved in similar situations. Here is a look at real case results handled by Attorney Patrick Roberts: • Child Sexual Abuse Material Investigation: Following an investigation into the downloading of prohibited materials, law enforcement executed a search warrant at the client’s residence. Mr. Roberts successfully* presented mitigating evidence to the District Attorney's office, resulting in a negotiated probationary sentence rather than incarceration. ○ Outcome: Probation with a transfer of supervision permitted. • Second-Degree Child Exploitation Allegations: In a case involving charges of internet communications with a minor, Attorney Patrick Roberts utilized psychological evaluations to negotiate with the prosecution. This advocacy resulted in a plea to non-sex offense misdemeanors, preventing felony convictions, incarceration, and sex offender registration. ○ Outcome: Plea to two misdemeanors; no prison time, felony conviction, or sex offender registration. • Online Child Exploitation Charges: The client faced charges related to online communications and photo exchanges with a minor. By investigating the client's psychological history and presenting expert evaluations to prosecutors, defense counsel negotiated a plea agreement to non-sex offense misdemeanors, avoiding prison and registration requirements. ○ Outcome: Plea to two misdemeanors; no prison time, felony conviction, or sex offender registration. • Investigation of Child Pornography and Related Misdemeanors: An individual under investigation for child pornography, and separately charged with misdemeanor larceny and resisting a public officer, secured a favorable resolution after Mr. Roberts conducted an independent defense investigation and it revealed contradictory evidence. As a result, federal authorities declined to pursue charges, and the State dismissed the remaining misdemeanor counts. ○ Outcome: No charges filed; all pending charges dismissed. 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. Experienced Criminal Defense Representation for First-Degree Sexual Exploitation Charges A charge of First-Degree Sexual Exploitation of a Minor involves complex legal, evidentiary, and forensic challenges that require an immediate, strategic defense. When facing allegations of this severity, the actions taken in the earliest stages of an investigation are critical to safeguarding your future. It is essential to secure experienced counsel who understands the nuances of state and federal digital evidence statutes and who can proactively challenge the State’s case. Patrick Roberts Law provides comprehensive defense representation for clients facing high-stakes litigation across all North Carolina counties. With a concentrated practice in Wake County—including Raleigh, Cary, Apex, Holly Springs, Garner, and Fuquay-Varina—we are prepared to advocate for your rights with discretion and precision. If you are under investigation or facing charges, do not discuss your case with law enforcement; contact us immediately at www.patrickroberts.law to discuss your legal options. Access our Sex Offense Search Tool to look up North Carolina laws, felony levels, sentencing guidelines, and mandatory registration rules. Find out how NC defense lawyer Patrick Roberts can assist with your case. To ensure the timely progression of all legal matters, we cap the number of active cases our team manages at any one time. 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.

Patrick Roberts Law is a criminal defense firm based in Raleigh, North Carolina, with additional offices in Durham, Chapel Hill, and Cary. The firm defends people accused of statutory rape and related sex offenses across North Carolina, in the state courts of Wake, Durham, and surrounding counties, and in federal court. If you are trying to understand a statutory rape charge, an investigation, or what an accusation like this could mean, you are on the page for it. Attorney Patrick Roberts handles these cases personally. Under North Carolina law, whether the other person agreed, and whether you believed they were older than they were, are not defenses. That single fact changes where a real defense has to be built, and it is why the choice of attorney matters so much. What follows explains the specific charges we defend, what each one carries, and how we approach them. Types of North Carolina Statutory Rape Charges We Defend North Carolina does not have one statutory rape law. It has a set of them, sorted by the age of the child, the age of the person accused, and the gap between the two. The differences are not technicalities. They decide whether a case carries a 25-year mandatory prison term or runs through the ordinary sentencing grid. They are often the ground on which a case is won or narrowed. We defend the full range. Statutory rape of a child by an adult We represent adults charged under G.S. 14-27.23 (statutory rape of a child by an adult) and its companion, G.S. 14-27.28 (statutory sexual offense with a child by an adult). These apply when the person accused is 18 or older and the child is under 13. Both are Class B1 felonies, the class North Carolina uses for its most serious statutory sexual offenses. Both carry a mandatory minimum of 300 months, or 25 years, of active imprisonment. On written findings that the offense was of unusual brutality or scope, they also carry a possible sentence of life without parole. Neither the child's consent nor a mistaken belief about the child's age is a defense. As to age, the crime is strict liability, a rule the North Carolina Supreme Court confirmed in State v. Anthony. Because the law removes the arguments a person would expect to make, we concentrate the defense on what the State must still prove beyond a reasonable doubt: identity, whether the act occurred at all, the actual ages of the people involved, and the reliability of a child's account. And where the accused is not in fact 18, or the child is not in fact under 13, we work to keep the case off the 300-month track entirely. These are rare and serious cases. Across all offense types, only 431 Class B1 felony convictions were entered statewide in fiscal year 2024, about 1.6% of every felony conviction in North Carolina. First-degree statutory rape For a younger person accused, we represent clients charged under G.S. 14-27.24 (first-degree statutory rape) and G.S. 14-27.29 (first-degree statutory sexual offense). These apply when the child is under 13 and the person accused is at least 12 years old and at least four years older than the child, but is not yet 18. They are also Class B1 felonies, but unlike the adult offenses above they do not carry the 300-month floor. Instead, they are sentenced through North Carolina's ordinary structured-sentencing grid, where a Class B1 offense carries a presumptive minimum in the range of 192 to 240 months at the lowest prior-record level and rises from there. Consent and mistake of age are still not defenses. Here the arithmetic of ages is frequently the whole case. The four-year gap is a required element, so a three-year gap does not fit the statute. And establishing that the person accused was under 18 moves the exposure off the adult mandatory minimum. We treat birth dates, the exact date of any alleged act, and the age difference as facts to be proven, not assumed, because they can decide the class of felony or defeat the charge. Statutory rape of a person 15 years of age or younger We defend charges under G.S. 14-27.25 and G.S. 14-27.30, which cover a child who is 15 or younger in cases that do not fall under the "under 13" statutes. Which felony applies depends entirely on the age gap. A person at least six years older than the child faces a Class B1 felony. A person more than four but fewer than six years older faces a Class C felony. North Carolina also recognizes a specific exception where the two people are lawfully married. As with the other tiers, this is a strict-liability offense as to age, confirmed in State v. Browning. Consent and a good-faith belief about age are off the table. That makes the precise age difference and any marriage between the parties the highest-leverage facts in the case. Narrowing the gap below six years drops a Class B1 down to a Class C. A gap under four years defeats the charge. We build the defense around exactly those facts. Why Trial Preparation Matters in Sex Offense Cases Federal sex-offense cases go to trial far more often than the average federal case: about 10.8% of people sentenced for federal sexual abuse were convicted at trial, compared with 2.7% of all other federal defendants. So having an attorney who is prepared to try a case, not just resolve one, is not a small thing. Our approach is calm, direct, and strategic, with meticulous preparation and aggressive trial advocacy. What to Expect When You Contact the Firm The first step is a confidential consultation with us. In it, the firm learns what has happened so far, whether there has been contact from a detective, an arrest, a charge, or only questions. It then explains, in plain terms, which statute is likely in play, what it carries, and what the realistic paths forward look like for your situation. One of the most important early points the firm can make is this: if law enforcement has reached out to you, you are not required to talk with investigators. What feels like an innocent explanation can become the core of the State's case. Getting advice before that conversation happens is often the single most valuable thing you can do. From there, we work through the evidence early: the accuser's account, digital records, dates of birth, and the exact ages and timeline. In statutory rape cases, those details drive both the class of felony and whether a charge holds up at all. These cases also take time to move through the courts. In North Carolina's superior courts, the median felony case took about 366 days from filing to disposition. In the federal Eastern District of North Carolina, the median time from filing to disposition was about 12.4 months. The firm keeps you informed at each stage. It prepares every case as though it may be tried, so that any resolution is reached from a position of strength rather than pressure. Experienced Representation for Serious Sex Offense Charges When navigating the severe legal consequences of statutory rape charges in North Carolina, retaining legal counsel with specific expertise in sex crime litigation is critical. Attorney Patrick Roberts brings over two decades of comprehensive legal experience to the defense of these high-stakes matters. Having served as both a former Assistant District Attorney and a dedicated defense advocate, Mr. Roberts possesses a dual-perspective understanding of how the state builds its cases—knowledge he now leverages to deconstruct evidence, scrutinize complex age and timeline factors, and challenge the reliability of prosecution claims. With a career spanning more than 250 felony sex crime cases and more than 75 jury trials, Mr. Roberts provides a rigorous, data-driven approach to defense, ensuring that every client’s constitutional rights are protected against the complexities of North Carolina’s strict-liability sentencing statutes. • Martindale-Hubbell AV Preeminent Rating: Maintains the highest peer-reviewed ranking for ethical standards and professional ability for eight consecutive years (2018–2026). • Lifetime Membership in NACDL: Holds a lifetime status within the National Association of Criminal Defense Lawyers, reflecting long-term professional commitment to criminal justice. • National Trial Advocacy Training: Completed the Trial Practice Institute at the National Criminal Defense College and the intensive three-week residential program at Gerry Spence's Trial Lawyers College. • Former Prosecutor Perspective: Possesses four years of direct experience serving as an Assistant District Attorney handling juvenile sex crimes and felony dockets, providing critical insight into state-level evidentiary strategies. • Digital Forensics Training: Holds recent certification from the 2026 Defending Digital Sex Crimes Bootcamp, focusing on the defense of cases involving complex electronic and digital evidence. • Expertise in Sex Offense Litigation: Advanced training in "Zealous Advocacy in Sexual Assault and Child Victim Cases" through the National Association of Criminal Defense Lawyers and membership in the National Child Abuse Defense & Resource Center. 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 I have known Patrick for years and have always been struck by his knowledge and dedication. I endorse him without hesitation or qualification. — 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 A prospective client should always know the kind of work and outcomes an attorney has achieved in similar situations. Here is a look at real case results handled by Attorney Patrick Roberts: • Statutory Sex Offense Allegations: Defense counsel utilized expert analysis, including polygraph testing and forensic child psychology reports, to challenge allegations made against the client. These efforts successfully convinced the Assistant District Attorney to drop the charges. ○ Outcome: Dismissal • First-Degree Statutory Sexual Offense Investigation: Defense counsel conducted an investigation that uncovered the accuser's history of mental instability and prior false allegations, along with contradictory medical evidence. Consequently, the government declined to prosecute the client. ○ Outcome: No Charges Filed • Child Pornography and Statutory Sex Offense Allegations: Following allegations from a family member and subsequent investigation by social services, a thorough defense inquiry established that the accusations lacked any factual basis. As a result, the state chose not to initiate formal charges. ○ Outcome: No Charges Filed • Multiple Statutory Sexual Offense and Indecent Liberties Charges: Although the client had made prior statements to counselors, Mr. Roberts was able to negotiate a plea agreement to avoid a potential life sentence. The four most serious felony charges were dismissed, and the client pleaded to a lesser charge of indecent liberties, receiving a prison sentence of 32 to 40 months followed by probation. ○ Outcome: Dismissal of all four life-qualifying Class B1 felonies; client pleaded to Indecent Liberties with a Child and received 32–40 months in prison followed by probation. 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. Strategic Legal Defense for Statutory Rape Charges Statutory rape charges in North Carolina carry severe, strict-liability consequences where traditional defenses often fail. Because these cases hinge on precise factual details regarding age and timelines, immediate and experienced legal intervention is critical. If you or a loved one are under investigation, do not speak with law enforcement; instead, secure counsel who understands the complexities of state sentencing guidelines and statutory requirements. Patrick Roberts Law PLLC provides experienced defense for high-stakes matters throughout North Carolina, with a dedicated focus on serving clients across Wake County, including Raleigh, Cary, Apex, Holly Springs, Garner, and Fuquay-Varina. To discuss your specific situation and evaluate your defense options, please contact our firm at www.patrickroberts.law. Access our Sex Offense Search Tool to look up North Carolina laws, felony levels, sentencing guidelines, and mandatory registration rules. Find out how NC defense lawyer Patrick Roberts can assist with your case. The firm maintains a selective caseload to protect the integrity of its defense strategies and the thoroughness of its trial preparation. 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.

Patrick Roberts Law is a North Carolina criminal defense firm that defends people accused of and investigated for sex offenses. If you are looking for a lawyer to handle a sex offense matter in North Carolina, at the state level or in federal court, you are on the right page. We represent the accused, not the state. The firm is led by Patrick Roberts, a North Carolina criminal defense attorney. He handles these cases across North Carolina from offices in Raleigh, Durham, Chapel Hill, and Cary. Sex offense allegations carry consequences that reach well beyond a prison term: mandatory registration, possible GPS monitoring, and lifetime restrictions on where you can live and work. The choices made early in a case often shape everything that follows. This page explains the specific charges we defend, what North Carolina and federal law actually require the government to prove, and what you can expect when you contact the firm. Types of North Carolina Sex Offense Charges We Defend We handle the full range of North Carolina and federal sex offenses, including the categories below. For each one, the law defines precise elements the government must prove and precise penalties on conviction. It is in those details that a defense is built. Statutory Rape and Statutory Sexual Offense We represent clients charged with statutory rape and statutory sexual offense. In this group of offenses, liability turns on the ages of the people involved rather than on force or lack of consent. When the defendant is 18 or older and the child is under 13, North Carolina charges the case under G.S. 14-27.23 (statutory rape of a child by an adult) or G.S. 14-27.28 (statutory sexual offense with a child by an adult). Both are Class B1 felonies. The statutes set a mandatory minimum of 300 months of active imprisonment, enrollment in satellite-based monitoring, and, on written findings of aggravating brutality or scope, a possible sentence up to life without parole. Where the defendant is at least 12 and at least four years older than a child under 13, the conduct is charged as first-degree statutory rape or first-degree statutory sexual offense under G.S. 14-27.24 and G.S. 14-27.29. These are also Class B1 felonies, but they are sentenced on the ordinary structured-sentencing grid. There, Class B1 carries a presumptive-range minimum of 192 to 240 months at the lowest prior record level. When the child is 15 or younger, G.S. 14-27.25 and G.S. 14-27.30 grade the offense by the age gap: six or more years older is a Class B1 felony, while more than four but fewer than six years older is a Class C felony. Lawful marriage between the parties is an explicit exception. We understand the feature that makes these cases unusual. North Carolina treats them as strict-liability offenses. That means neither the child's consent nor the defendant's honest belief about the child's age is a defense, as the North Carolina Supreme Court confirmed in State v. Anthony. Because those defenses are off the table, we concentrate the defense where it can actually make a difference: the identity of the person charged, whether the act occurred, the exact dates of birth and the resulting age gap, and the reliability of the accusing account. In the "15 or younger" cases in particular, shaving the age difference below six years can drop a Class B1 exposure to Class C, and below four years can defeat the charge entirely. That is why we treat birth-date proof and any marriage evidence as high-leverage facts. Taking Indecent Liberties with Children We represent clients charged with taking indecent liberties with children under G.S. 14-202.1. The statute applies when a person 16 or older and at least five years older than a child under 16 willfully takes an immoral, improper, or indecent liberty with that child for the purpose of arousing or gratifying sexual desire, or commits a lewd or lascivious act. It is a Class F felony, carrying a presumptive minimum of 13 to 16 months at the lowest prior record level. It is also a registration-triggering offense. Indecent liberties is broad by design: no touching and no completed act is required. The sexual-purpose element can be inferred from the defendant's conduct, as North Carolina's courts held in State v. Hartness and State v. Quarg. Indecent liberties is so often stacked onto or substituted for statutory charges arising from the same events. For that reason, we scrutinize the specificity of the accusing account, the five-year age gap, and whether the evidence genuinely supports the required sexual purpose. Sexual Exploitation of a Minor (Child Sexual Abuse Material) We represent clients charged with sexual exploitation of a minor, the North Carolina offenses covering child sexual abuse material. The state grades these offenses in three degrees. First-degree sexual exploitation under G.S. 14-190.16 covers producing such material or using a minor to create it. It is generally a Class C felony, with a presumptive minimum of 58 to 73 months at the lowest prior record level. The newest provisions, covering modified depictions of an identifiable minor and child sex dolls, are Class D felonies. Second-degree exploitation under G.S. 14-190.17, which includes distribution, is a Class E felony. Third-degree exploitation under G.S. 14-190.17A, knowing possession, is a Class H felony. Mistake of age is not a defense to any degree. A 2024 amendment extended all three degrees to cover digitally modified depictions of an identifiable minor and child sex dolls modeled on an identifiable minor, North Carolina's direct response to AI-generated material. A critical feature of these cases is that each image can be charged as a separate count, as the Court of Appeals recognized in State v. Howell. As a result, a single device can generate dozens of counts and multiply the potential sentence. We build the defense around the two elements the state must actually prove: knowledge and possession or control of the specific files. Automatic caching, shared or compromised devices, and unopened downloads all are directly relevant to whether a person "knowingly" possessed anything. For any charge based on a modified image, the law and the U.S. Supreme Court's decision in Ashcroft v. Free Speech Coalition require that the depiction be of a real, identifiable minor rather than purely virtual imagery. These same allegations are frequently pursued in federal court, where the exposure is far greater. We defend them in both systems. Online Solicitation of a Minor and Internet-Sting Cases We represent clients charged with solicitation of a child by computer under G.S. 14-202.3, the statute behind most internet-sting arrests. It applies when a person 16 or older uses an electronic device, intending to commit an unlawful sex act, to entice a child under 16 (at least five years younger), or someone the defendant believes to be such a child, to meet. Liability turns on the defendant's belief. For that reason, it is no defense that the "child" was an undercover officer, as the Court of Appeals held in State v. Fraley. The offense is a Class G felony. It rises to Class E for a qualifying prior. After a 2025 amendment, it rises to a Class D felony if the defendant actually appears at the arranged meeting place. These cases exist against a backdrop of intense enforcement. Internet-sting operations are a staple of state and federal enforcement, and the task forces that run them make thousands of arrests every year. Because the "there was no real child" fact is unavailable, we focus the defense on the questions that decide these cases. The first is entrapment: who first raised the sexual and meeting proposals, and whether the design originated with law enforcement rather than the client. The second is whether the messages actually show an intent to commit an unlawful act and to arrange a meeting. The North Carolina Supreme Court's decision in State v. Keller confirms that a defendant can be entitled to an entrapment instruction on credible evidence of inducement and lack of predisposition, even while denying criminal intent. These are among the cases the firm handles most closely. Federal Sex Offense Charges in the Eastern and Middle Districts of North Carolina We defend federal sex offense charges, which frequently arise from the same conduct as state cases but carry harsher mandatory penalties. Production of child sexual abuse material under 18 U.S.C. § 2251 carries a 15-year mandatory minimum. Receipt and distribution under §§ 2252 and 2252A carry a 5-year minimum. Online enticement of a minor under § 2422(b) and transportation of a minor under § 2423(a) each carry a 10-year minimum up to life. There is effectively no statute of limitations on these offenses, and federal law offers no "no real child" defense to enticement or attempt. Federal cases from Wake County are prosecuted in the Eastern District of North Carolina, and those from Durham County in the Middle District. Federal sex offense cases resolve differently from ordinary prosecutions, and we prepare you for that reality. Sexual abuse offenses draw long terms, with an average federal prison sentence of 230 months in fiscal year 2025. Defendants in these cases go to trial more often than most: 10.8% of people sentenced for federal sexual abuse were convicted at trial in fiscal year 2024, compared with 2.7% across all other federal offenses. Detention is common: 76.2% of federal pretrial defendants were detained and never released in the year ending September 30, 2025. The overwhelming majority of federal cases end in a plea, with 820 of 827 people sentenced in the Eastern District of North Carolina convicted by guilty plea in fiscal year 2024. We contest the government's proof of the interstate-commerce, knowledge, and purpose elements. We litigate entrapment where officers initiated the contact, and we prepare every case as one that may have to be tried rather than negotiated. For more information on sex offenses and the penalty it carries, you may use the law firm's Sex Offense Search Tool to look into North Carolina sex offenses, view felony classifications, potential prison sentences, and sex offender registration requirements. What to Expect When You Contact the Firm When you contact us, the first step is a confidential consultation. You can describe your situation: whether you have learned you are under investigation, have been contacted by law enforcement, have been arrested, or have already been charged. We will then explain how North Carolina or federal law applies to the specific facts and what the realistic exposure and options are. You will get a direct assessment, not a sales pitch. From there, we work to understand the government's evidence before deciding on a strategy. That means identifying what the state or the federal government would actually have to prove, examining how any digital evidence was obtained and handled, pinning down the ages and dates that drive the charge, and looking hard at how the investigation began. This is particularly important in internet-sting cases, where who initiated and escalated the contact can be decisive. These cases can be brought in state court, in the Eastern or Middle District of North Carolina, or both. We also assess early which court will hear the case, along with the registration, monitoring, firearms, and (where relevant) immigration consequences that a resolution would carry. Preparation is done as though the case may go to trial, which strengthens your position whether the case is ultimately tried or resolved another way. Throughout, we keep you informed about what is happening and why, and about the decisions that are yours to make. One point matters from the very first contact: what you say to investigators can shape the entire case. The sooner we are involved, the more we can do to protect your position. Skilled Representation in North Carolina Sex Offense Litigation For individuals navigating the complexities of state or federal sex offense allegations in North Carolina, the defense strategy employed often determines the long-term impact on a client's freedom and future. Patrick Roberts, the Managing Partner of Patrick Roberts Law PLLC, brings over two decades of legal experience to this high-stakes practice, having built his career on a foundation of both prosecutorial and defense litigation. A former Assistant District Attorney with extensive experience across multiple prosecutorial districts, Mr. Roberts leverages his deep understanding of government evidence and investigative tactics to build rigorous defense strategies, particularly in cases involving Internet Crimes Against Children (ICAC) task forces, digital forensics, and mandatory registry requirements. With a practice dedicated exclusively to criminal defense, Mr. Roberts has handled more than 250 felony sex crime cases, and his expertise is frequently sought to guide complex litigation and trial strategy. Admitted to practice before the U.S. Supreme Court and multiple federal districts, he provides comprehensive representation tailored to the unique evidentiary and legal challenges inherent in sexual assault and exploitation charges. • Martindale-Hubbell AV Preeminent Rating: Earned an annual peer-reviewed professional excellence rating for eight consecutive years (2018–2026), indicating the highest level of professional standing and ethical standards. • Duke University School of Law Alumnus: Juris Doctor graduate (2000) with formal advanced training at the National Criminal Defense College and the Gerry Spence Trial Lawyers College. • National Association of Distinguished Counsel: Recognized by inclusion in the "Nation's Top 1 Percent" of attorneys for six separate years, including 2025 and 2026. • Former Prosecutor Perspective: Served four years as an Assistant District Attorney (2003–2007) across three North Carolina prosecutorial districts, including specialized experience as a juvenile sex crimes prosecutor. • Digital Evidence Specialization: Completed intensive forensic training programs, including the "Defending Digital Sex Crimes Bootcamp," specifically focused on the audit and defense of complex Internet Crimes Against Children (ICAC) evidence. • Published Authority on Sex Crime Defense: Co-authored the legal text *Strategies for Defending Internet Pornography Cases*, providing strategic analysis on utilizing expert witnesses and managing technological evidence in complex sex offense allegations. Client Review...Attorney Roberts and his staff made us feel very comfortable and were very professional. Every time our son had a court appearance my husband and I were notified several weeks in advance. When there were questions or concerns about the case, Attorney Roberts always notified us personally. — Review by a verified client via Avvo Peer Endorsement I endorse this lawyer. Patrick is a fantastic attorney who is dedicated to his clients' interests and truly cares for his clients. He has the experience and trial skills necessary to achieve the results his clients need. I recommend anybody in need of a criminal defense attorney use him. — 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 Understanding the specific outcomes a lawyer has delivered helps you feel confident in your decision. Below are examples of past cases resolved by Attorney Patrick Roberts: • Second-Degree Exploitation of a Child Charges: Mr. Roberts utilized a professional mental health evaluation to negotiate a favorable resolution for the client, resulting in a plea to non-sex offense misdemeanors instead of felony charges. Facing: Class E felony prosecution carrying up to 7+ years in prison, a permanent felony record, and mandatory sex offender registration. Outcome: Two misdemeanors with probation; no prison time, no felony conviction, and no sex offender registration. • Indecent Liberties with a Child Allegations: Attorney Patrick Roberts identified significant inconsistencies in the accuser's statements, prompting the prosecution to reduce the charges to a misdemeanor assault. Facing: Class F felony prosecution carrying up to nearly 5 years in prison and mandatory sex offender registration. Outcome: Misdemeanor probation with no prison time and no sex offender registration. • Indecent Liberties with a Child Investigation: Counsel intervened during the preliminary investigation and presented exculpatory evidence, resulting in a substantial reduction of the charges. Facing: Formal Class F felony indictment carrying up to nearly 5 years in prison and mandatory sex offender registration. Outcome: Misdemeanor probation with no prison time and no sex offender registration. 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. Professional Legal Defense for North Carolina Sex Offense Charges If you are facing sex offense allegations, the implications for your future are significant and require immediate, strategic legal counsel. Patrick Roberts Law PLLC provides dedicated criminal defense representation for clients across every county in North Carolina, with a specific focus on the legal needs of those in Wake County communities, including Raleigh, Cary, Apex, Holly Springs, Garner, and Fuquay-Varina. Whether dealing with state or federal charges, our firm is committed to thoroughly scrutinizing government evidence and protecting your rights throughout every stage of the legal process. Early intervention is critical in building a rigorous defense. We invite you to contact us for a confidential consultation to discuss your specific situation and potential exposure. Please visit www.patrickroberts.law to learn more about how our firm can advocate for your defense and guide you through these complex legal challenges. The firm maintains a selective caseload to protect the integrity of its defense strategies and the thoroughness of its trial preparation. Disclaimer: This article is general legal information, not legal advice. Reading it does not create an attorney-client relationship. North Carolina criminal 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.