Second Degree Sexual Exploitation of a Minor Attorney in Durham County, NC

If you've been charged with second degree sexual exploitation of a minor, don't wait to seek legal representation. Contact Patrick Roberts Law at 919-746-7206 immediately for a confidential consultation, or visit our contact us page to discuss your case with an experienced Durham County criminal defense attorney.

What Is Sexual Exploitation of a Minor?

Sexual exploitation of a minor refers to the use of children in sexually explicit materials or activities for commercial or personal purposes. Under North Carolina General Statute § 14-190.16, sexual exploitation of a minor involves the possession, distribution, production, or promotion of material depicting minors engaged in sexual activity. The law recognizes three degrees of this offense, with varying levels of severity and corresponding penalties.
According to the National Center for Missing & Exploited Children, sexual exploitation crimes have increased significantly with the proliferation of digital technology, making it crucial to understand the legal definitions and potential consequences of these charges.

The state categorizes these offenses into three degrees:

• First degree: Production or directing of sexual exploitation material
• Second degree: Distribution, transportation, or promotion of such material
• Third degree: Possession of sexual exploitation material

What is Second Degree Sexual Exploitation of a Minor?

Second degree sexual exploitation of a minor occurs when someone knowingly possesses material containing visual representations of minors engaged in sexual activity. Under North Carolina General Statute § 14-190.17, this charge typically involves possession of child pornography or similar materials depicting minors under 18 years of age in sexually explicit conduct.

The key elements prosecutors must prove for second degree sexual exploitation of a minor include:

• Knowing possession of material
• Visual representation of a minor
• Minor engaged in sexual activity
• Intent to possess the material

Understanding what second degree sexual exploitation of a minor is, is crucial for building an effective defense strategy. This charge differs from first degree and third degree sexual exploitation based on the specific conduct alleged and the defendant's role in creating, distributing, or possessing the material.

How Second Degree Sexual Exploitation Differs from Other Degrees

Sexual exploitation of a minor encompasses three degrees of charges in North Carolina, each with distinct elements and penalties:

• First Degree: Involves using, employing, or permitting a minor to engage in sexual activity for visual representation
• Second Degree: Centers on knowing possession of materials depicting minors in sexual activity
• Third Degree: Typically involves possession of materials with less explicit content or different circumstances

A skilled sexual exploitation of a minor attorney can evaluate the specific charges against you and develop targeted defense strategies based on the degree alleged.

Penalties for Second Degree Sexual Exploitation in Durham County

Second degree sexual exploitation of a minor is classified as a Class E felony in North Carolina, carrying serious consequences including:

• Prison Time: Up to 88 months minimum in state prison
• Fines: Substantial monetary penalties
• Sex Offender Registration: Mandatory registration as a sex offender
• Probation: Extended supervision periods
• Employment Restrictions: Limited job opportunities
• Housing Limitations: Restricted living arrangements near schools and parks

The Durham County court system handles these cases with particular scrutiny, making experienced legal representation essential for protecting your rights and future.

Building Your Defense Against Second Degree Sexual Exploitation Charges

Challenging the Evidence

Patrick Roberts Law thoroughly examines all evidence in second degree sexual exploitation cases, including:

• Digital Evidence Analysis: Questioning the authenticity, chain of custody, and acquisition methods of digital materials
• Search and Seizure Issues: Challenging illegal searches of computers, phones, and electronic devices
• Knowledge Requirements: Disputing whether you knowingly possessed the alleged materials
• Age Verification: Challenging the prosecution's proof that individuals depicted were actually minors

Constitutional Defenses

• Fourth Amendment Violations: Protecting against unreasonable searches and seizures of electronic devices
• Fifth Amendment Rights: Ensuring protection against self-incrimination during questioning
• Due Process: Challenging procedural errors that violate your constitutional rights

If you need immediate legal guidance, call 919-746-7206 to speak with an experienced Durham County criminal defense attorney today.

Why Choose Patrick Roberts Law for Your Durham County Case

Former Prosecutor Perspective

Patrick Roberts' background as a former assistant district attorney in three North Carolina counties provides unique insights into how prosecutors build sexual exploitation cases. This dual perspective allows him to anticipate prosecution strategies and develop effective counter-arguments.

Elite Trial Advocacy & Training

Attorney Roberts has dedicated his career to refining the art of the trial. He is a graduate of the Gerry Spence Trial Lawyer College and the National Criminal Defense College (NCDC) Trial Practice Institute. In 2025, he completed an additional NCDC intensive focused specifically on advanced cross-examination—a critical skill when challenging state witnesses and digital forensic experts.

National Recognition in Child Abuse Defense

Attorney Patrick Roberts is currently the only North Carolina lawyer featured by the National Child Abuse Defense & Resource Center. As a lifetime member of the National Association of Criminal Defense Lawyers (NACDL), he remains at the forefront of national legal trends and defense technologies.

Consistent Professional Ratings

For over 15 years, Mr. Roberts has maintained a perfect 10/10 "Superb" rating from Avvo. He is also an AV Preeminent Peer Rated Attorney and a Client Champion Platinum recipient (2026) by Martindale-Hubble, honors he has held for more than five consecutive years. These ratings reflect the high level of respect he has earned from his legal peers and the clients he represents.

Local Durham County Experience

Attorney Patrick Roberts maintains offices throughout the Triangle, including Durham County. His extensive experience in these courts provides a deep understanding of local court procedures, judicial philosophies, and the administrative protocols of the District Attorney’s office. This local insight allows the firm to navigate the Durham County legal system efficiently and build defense strategies tailored to the specific environment of the Durham County Justice Center.

Comprehensive Case Investigation

Every second degree sexual exploitation case receives thorough investigation, including:

• Digital forensics analysis
• Witness interviews
• Expert testimony preparation
• Constitutional challenge evaluation

Ready to protect your future? Contact Patrick Roberts Law at 919-746-7206 or through our online contact form for immediate assistance.

The Legal Process in Durham County Sexual Exploitation Cases

Initial Charges and Arrest

Sexual exploitation charges often begin with digital investigations, search warrants, or tips to law enforcement. Understanding your rights during the initial stages is crucial for protecting your case.

Pre-Trial Proceedings

• Bond Hearings: Securing reasonable bail conditions in Durham County Superior Court
• Discovery: Reviewing all prosecution evidence and identifying defense opportunities
• Plea Negotiations: Exploring resolution options that minimize long-term consequences
• Motion Practice: Filing constitutional challenges and evidentiary motions

Trial Preparation

If your case proceeds to trial in Durham County, Patrick Roberts Law provides comprehensive trial preparation including jury selection strategies, witness preparation, and presentation of technical defenses.

Protecting Your Rights During the Investigation

What to Do If Contacted by Law Enforcement

• Remain Silent: Exercise your Fifth Amendment rights
• Request an Attorney: Ask for legal representation immediately
• Avoid Consent: Don't consent to searches of devices or property
• Document Everything: Keep records of all law enforcement contact

Digital Device Protection

• Secure Your Devices: Protect computers, phones, and storage media
• Preserve Evidence: Don't delete files or alter digital evidence
• Avoid Discussions: Don't discuss the case on social media or with others

For immediate guidance during a law enforcement investigation, call 919-746-7206 now.

Understanding Durham County Court Procedures

Durham County Superior Court

Most second degree sexual exploitation cases are heard in Durham County Superior Court, located at 510 S. Dillard Street in Durham. Understanding local procedures and personnel can significantly impact your case outcome.

Key Durham County Legal Personnel

Attorney Patrick Roberts' extensive experience practicing in Durham County provides a deep understanding of local:

• Superior Court procedures and local rules
• District Attorney's Office protocols
• Court personnel and administrative requirements
• Local defense bar standards

Every county does things a little differently. Mr. Robert’s experience in Durham means he isn’t guessing—he knows the local rules and how to build a strategy that fits this specific environment.

Related Sexual Exploitation Charges

Understanding the full scope of sexual exploitation charges helps in developing comprehensive defense strategies:

• First Degree Sexual Exploitation: More serious charges involving production or distribution
• Third Degree Sexual Exploitation: Related possession charges with different elements
• Federal Child Pornography: Cases that may involve federal jurisdiction

For information about related charges, visit our pages on first degree sexual exploitation and third degree sexual exploitation.

Frequently Asked Questions About Second Degree Sexual Exploitation

Can second degree sexual exploitation charges be reduced?

Yes, with skilled legal representation, second degree sexual exploitation charges may be reduced through plea negotiations, constitutional challenges, or evidentiary issues. Each case requires individual evaluation of the specific facts and evidence.

What happens if I'm convicted of second degree sexual exploitation?

Conviction results in felony status, potential prison time, mandatory sex offender registration, and long-term consequences for employment, housing, and personal relationships. Fighting these charges is essential for protecting your future.

How long does a second degree sexual exploitation case take?

Durham County sexual exploitation cases typically take several months to over a year to resolve, depending on case complexity, discovery issues, and whether the case proceeds to trial. Early legal intervention can help expedite favorable resolutions.

Can these charges affect my employment?

Yes, sexual exploitation charges can immediately impact employment, professional licenses, and future job opportunities. Background checks will reveal both charges and convictions, making experienced legal representation crucial.

What's the difference between state and federal charges?

Sexual exploitation cases may be prosecuted in state court (Durham County) or federal court, depending on factors like interstate activity, internet usage, or case scope. Federal cases typically carry harsher penalties and different procedures.

Is sex offender registration mandatory?

Conviction for second degree sexual exploitation of a minor requires mandatory registration as a sex offender in North Carolina, with ongoing reporting requirements and restrictions on where you can live and work.

Can I get these charges expunged?

Sexual exploitation convictions generally cannot be expunged in North Carolina. However, if charges are dismissed or you're found not guilty, expungement may be possible. This makes fighting the charges even more important.

Should I take a plea deal?

Plea decisions require careful analysis of the evidence, potential defenses, and long-term consequences. Patrick Roberts Law evaluates each case individually to determine whether plea negotiations or trial preparation best serves your interests.

Speak With a Patrick Roberts Law Sexual Exploitation of Minors Lawyer Today

Don't let second degree sexual exploitation charges destroy your future. Contact Patrick Roberts Law immediately at 919-746-7206 or visit our contact page for a free consultation.

Second degree sexual exploitation of a minor charges in Durham County, North Carolina, require immediate action and experienced legal representation. Patrick Roberts Law combines over 22 years of criminal defense experience with former prosecutor insights to provide the aggressive defense you need. With offices throughout the Triangle area and comprehensive knowledge of Durham County courts, Patrick Roberts is prepared to fight for your rights and protect your future. Contact Patrick Roberts Law today at 919-746-7206 or through our online contact form to begin building your defense immediately.

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.