For a free consult,email our defense attorneysor call919-838-6643today. If you are convicted of this crime, you will be sentenced as a class C felony. One of the states witnesses was a DSS investigator who interviewed the victim and testified without objection that her agency had substantiated sexual abuse naming [defendant] as the perpetrator, meaning that the agency believed the allegations of abuse to be true. This can greatly affect your living situation, your employment situation, and your ability to attend certain events involving your children or the children of family members. This is an ongoing investigation. This post summarizes published criminal decisions from the North Carolina Supreme Court released on December 18, 2020. States failure to disclose material and exculpatory evidence before defendants trial was a Brady violation warranting reversal of defendants conviction. This means that it is illegal for you to download, hold, or otherwise possess anything that you know shows child pornography. c. 539, s. 1197; 1994, Ex. As she walked toward the house, she felt someone put an arm around her neck. The defendant appealed from his conviction for the first-degree murder of his grandfather based on the felony murder rule using the attempted murder of his mother with a deadly weapon as the predicate felony. - A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or endobj A 27-year-old Boone man was arrested on seven counts of second-degree sexual exploitation of a minor, police said. State v. Crump, __ N.C. __, ___ S.E.2d ___ (Dec. 18, 2020). State v. Steen, ___ N.C. ___, ___ S.E.2d ___ (December 18, 2020). Second degree sexual exploitation of a minor. 2023 Roberts Law Group, PLLC. The defendant made several discovery requests prior to trial in 1993, but the evidence at issue in this MAR was not produced. The court explained that to conclude otherwise, [w]e would be required to hold that the States evidence that defendant killed his grandfather as part of a continuous transaction in which he also attempted to murder his mother using his hands and arms as a deadly weapon was so sufficiently strong that no reasonable possibility exists under which the jury would have done anything other than convict defendant of first-degree murder on the basis of that legal theory. The sharply disputed evidence over whether the defendant was the perpetrator, including the lack of physical evidence, the defendants trial testimony, and the conflicting nature of the statements made by the defendants mother, prevented the court from concluding that the error was harmless. (a) Offense. Web 14-190.17A. - A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of Wind Advisory for Watauga County, NC, Ashe County, NC February 27-28, 2023; Public Feedback Sought on N.C. Clean Transportation Plan; NWS Hazardous - In a As a result, the Court held that the trial courts instruction concerning the use of the garden hoe as a deadly weapon during defendants alleged attempt to murder his mother was prejudicial error necessitating a new trial for the murder of his grandfather. Kilgores court date was set for March 31, 2023, by a Watauga County Magistrate. Third Degree Sexual Exploitation of a Child N.C.G.S. He owed money to both and they had recently told him that they would lend him no more. As his mother went outside the defendant followed behind her, saying he was leaving to go to work. material that contains a visual representation of a minor engaged in sexual Because the States evidence supporting the theory of constructive possession was controverted and not exceedingly strong and given the prospect of confusion presented by proceeding on a theory of possession by acting in concert and constructive possession, the court concluded there was a reasonable possibility that had the trial court not instructed on acting in concert a different result would have been reached. or viewing does not constitute, an attorney-client relationship. At the close of the States evidence, the trial court dismissed all charges except for simple possession of heroin, methamphetamine, and cocaine. 27-year old Jacob E. Kilgore was arrested on The court reasoned that the discovery of the tin in the defendants personal area could indicate his capability to maintain dominion and control over it, thereby supporting a theory of constructive possession, but did not show a common plan or purpose in which the defendant acted in concert with Stepp to protect her hard time stash. Likewise, defendants admission that he had used illegal drugs on the day of the search and with Stepp in the past could support a theory of constructive possession, but did not demonstrate a common plan or purpose between defendant and Stepp as to the substances in the yellow tin. in sexual activity whom material through its title, text, visual Transports or finances the transportation of a minor through or across the State of North Carolina with the intent that the minor is going to engage in sexual activity for a live performance or for the purpose of producing pornographic material. (d) Punishment and Third degree sexual exploitation of a minor. If you have been charged with any level of sexual exploitation, call the criminal defense team at Jetton and Meredith today! Available for weddings, charters, destination tours and airport shuttles. Your local source for propane and heating fuels. Here, because there was no direct evidence of abuse and the other witnesses testimony only served to corroborate the victims account, the jurys decision to find the complainant more credible than the defendant clearly formed the basis of its ultimate verdict. Therefore, consistent with its prior ruling on similar facts in State v. Towe, 366 N.C. 56 (2012), the majority held that the trial court commits a fundamental error when it allows testimony which vouches for the complainants credibility in a case where the verdict entirely depends upon the jurors comparative assessment of the complainants and the defendants credibility.. The court reasoned that the logic in Hinton had no application to its interpretation of the felony-murder statute as nothing in the language or legislative history of G.S. The proposed questions were not an attempt to stake out the jurors, but rather an attempt to determine if any jurors had opinions or biases that would impact their ability to decide the facts of the case. This offense is a Class E felony punishable by a minimum of 25 months in prison. *AV, AV Preeminent, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Writing in dissent, Justice Newby would have held that the other evidence presented by the state distinguished this case from Towe, and the defendant did not meet his burden under the plain error standard of demonstrating that the outcome of trial likely would have been different without the improper testimony. You may be charged with 2nddegree exploitation of a minor if, knowing the character or content of the material, you: 1. (2) Distributes, transports, exhibits, receives, sells, Put our team of criminal defense lawyers on your side today. (a) Offense. (a) Offense. endobj This site is protected by reCAPTCHA and the Google, There is a newer version of the North Carolina General Statutes. Prior results do not guarantee a similar outcome. Officers responding to the 911 call encountered the defendant in a car parked outside the office complex where the fake game was to be held, and a shootout ensued. (1) A defendants hands and arms may qualify as a deadly weapon for purposes of the felony-murder provision defining as a predicate felony any other felony committed or attempted with the use of a deadly weapon; (2) The trial courts erroneous instruction that the jury could find that the defendant attempted to murder his mother using a garden hoe as a deadly weapon when the evidence did not support that theory was prejudicial error. In the absence of any supporting physical evidence, testimony of DSS investigator that alleged sexual abuse had been substantiated was impermissible vouching and constituted plain error. Case Summaries: N.C. Supreme Court (Dec. 18, 2020), Accessibility: Report a Digital Access Issue. - A person Gerald Eugene Mabe, 60, of Summerfield, was arrested and charged with second-degree sexual exploitation of a minor. Call us at 877-270-5081 to set up a free consultation or send us an email. 14-190.16 Get free summaries of new opinions delivered to your inbox! Wind Advisory for Watauga County, NC, Ashe County, NC February 27-28, 2023; Public Feedback Sought on N.C. Clean Transportation Plan; NWS Hazardous Weather Outlook for Sunday February 26, 2023; Boone man charged with Seven counts of Second-Degree Sexual Exploitation of a Minor; App State Announces 2023 Football Schedule First degree sexual exploitation of a minor. Second-degree sexual exploitation of a minor (copying or distributing) is a Class E felony carrying a sentence of 15 to 31 months Third-degree sexual exploitation of The trial court imposed two consecutive sentences of 50 to 72 months of imprisonment. representation of a minor engaged in sexual activity; or. Without the defendants knowledge, another resident of the home, Autumn Stepp, had placed the yellow tin, which she referred to as her hard time stash, in the dresser before leaving the home earlier that day. Pursuant to State v. Stancil, 355 N.C. 266 (2002), the state conceded on appeal that it was error to admit expert opinion testimony that the abuse had in fact occurred without physical evidence to support the diagnosis. commits the offense of second degree sexual exploitation of a minor if, knowing The court noted that the extent to which hands, arms, legs, and other appendages can be deemed deadly weapons depends upon the nature and circumstances of their use, including the extent to which there is a size and strength disparity between the perpetrator and his or her victim. CONCORD, N.C. (WBTV) - A Concord man and his girlfriend are facing several charges involving sex offenses with a child under 13, according to investigators. The majority responded that both issues were addressed by viewing the questions in context and considering the entire record of the voir dire. He also was indicted for having attained the status of an habitual felon. She saw defendants face and thought he was there to help her. Finally, the court rejected the notion that its interpretation meant that every killing perpetrated with the use of a the defendants hands, arm, legs, or other appendages could constitute felony murder, thus undermining the General Assemblys attempt to limit the scope of the rule when it revised the statute in 1977. WebSecond-degree sexual exploitation of a minor Duplicating or disseminating child pornography. The Supreme Court acknowledged that trial courts have broad discretion to restrict the manner and extent of questioning prospective jurors, but concluded that the trial court erred in this case when it flatly prohibited and categorically denied all questions about race, bias, and officer shootings of black men. mo Constitutional carry bill aims to eliminate handgun permits, Medic: Teen dead, driver seriously injured in crash on I-485 in west Charlotte, No serious injuries reported after car drives into Shelby sporting goods store, Apple closes Northlake Mall store one day after third shooting in past three months, Medical Marijuana bill passes NC Senate; some cannabis supporters against bill, PLAN AHEAD: Latest Weather Forecast Video. This charge involves the production of child pornography. Nothing on this site should be taken as legal advice for any individual 3.). The defendant was initially found to be suffering from mental illness and unable to assist in his own defense, rendering him incompetent. Prior results do not guarantee any future outcomes. The last evaluation, finding defendant competent, was conducted four months prior to trial. (828) 632-4621, Alexander Central Softball Routs AC Reynolds To Open Season. These cases are harshly punished in the criminal justice system, especially at the federal level. Records, photographs, films, develops or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity. Sexual Exploitation charges are extremely serious charges, they not only carry the possibility or requirement of an active sentence in prison, but they all require registration on the sex offender registry for a period of no more than 30 years. (1) Evidence was insufficient to support trial courts instruction on theory of acting in concert on drug possession charges; (2) Given potential for confusion on the part of the jury between the theories of acting in concert and constructive possession as bases for the guilty verdicts on drug charges again the defendant, the erroneous instruction was not harmless. This site is protected by reCAPTCHA and the Google, There is a newer version of the North Carolina General Statutes, (1985, The Court of Appeals unanimously affirmed the conviction, but the state Supreme Court granted discretionary review to consider whether the trial court erred by restricting the defendants voir dire of prospective jurors on issues of race, implicit bias, and police shootings of black men. %PDF-1.5 The defendant was charged with possession with intent to sell and deliver methamphetamine, heroin, and cocaine and with maintaining a dwelling house for the sale of controlled substances. The defendant appealed, arguing that his hands and arms were not properly considered a deadly weapon for purposes of the felony murder rule and that the trial courts erroneous instruction that the jury could find that he attempted to murder his mother using a garden hoe was prejudicial error. You already receive all suggested Justia Opinion Summary Newsletters. (1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. The charges arose out of the robbery of an illegal poker game and the intended robbery of a second game. This is the final post for 2020. The State relied on an acting in concert theory in proceeding against the respondent on the second-degree sexual exploitation of a minor charge because all testimony was that a person other than the respondent made a video recording of the respondent apparently engaging in non-consensual sexual contact with the victim. The court reviewed the evidence presented at trial and found it insufficient to show that the respondent and the person who recorded the video acted with a common plan or scheme to make the recording. The court stated that the evidence showed that the respondent did not wish to be recorded and that [the other persons] decision to record the incident was of his own volition., The evidence of penetration was insufficient to support the first-degree forcible sexual offense charge allegedly based on anal intercourse as the victim unambiguously and explicitly denied that anal penetration occurred and the State did not present sufficient other evidence corroborating the allegation of penetration. The court rejected the States argument that a witnesss description of the incident as the respondent and the victim doing it was sufficient evidence of penetration and noted that at the adjudicatory hearing the State had conceded that there was not evidence of penetration.. 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