Kilgore was charged with 7 counts of second-degree sexual exploitation of a minor and given a $75,000 bond, the release said. If you are convicted of this crime, you will be sentenced as a class C felony. A 27-year-old Boone man was arrested on seven counts of second-degree sexual exploitation of a minor, police said. 15A-1022 or our case law announces a statutory or constitutional requirement that a defendant admit factual guilt in order to enter a guilty plea. The court remanded the case to the trial court with instructions to the district attorney to renew the plea offer. WebSecond degree sexual exploitation of a minor. 15A-1023(c) mandates that a plea be accepted when those conditions are satisfied, the majority erred by substituting its judgement on those conditions for the trial courts and by considering the defendants argument on appeal when the defendant had failed to object in the trial court. Offices open weekdays 8am 7pm, Saturdays 9am 5pm, 203 W. Millbrook Road, Suite 200 Raleigh, NC 27609, Toll Free: 919-838-6643 Fax: 919-573-0774, 112 S. Tryon Street, Suite 720 Charlotte, NC 28202, Toll Free: 704-251-2501 Fax: 919-573-0774, 272 N Front Street, Suite 330 Wilmington, NC 28401, Toll Free: 910-317-9468 Fax: 919-573-0774. (1985, The MAR alleged that the state failed to disclose material and exculpatory evidence in violation of Brady. activity; or. ). She testified differently at trial, stating that it was the defendant who had choked her and that there had been no ski mask. Web14-190.17. When he got home he saw that his mother had been attacked and called for emergency assistance. As a result of the investigation, Jacob E. Kilgore, 27, of Boone, was arrested and charged with seven counts of second-degree sexual exploitation of a minor An ad The defendant was apprehended after a low-speed chase involving several law-enforcement agencies, and went to trial on all charges. A 27-year-old Boone man was arrested on seven counts of second-degree sexual exploitation of a minor, police said. Competence to stand trial is a due process right, and the trial court must remain on guard over a defendants competency during trial, even in cases where the defendant was found competent at the start of the proceedings. Punishable as a class E felony, you can get an active sentence for this charge regardless of your prior record, and similar to first-degree sexual exploitation, it also requires registration as a sex offender. 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 through its title, text, visual representations or otherwise represents or an attorney-client relationship. Article 26 - Offenses against Public Morality and Decency. He is charged with seven counts of second-degree sexual exploitation of a minor. You can explore additional available newsletters here. For a free consult,email our defense attorneysor call919-838-6643today. This information Prior results do not guarantee any future outcome. The first degree is the most serious and carries the most severe punishment, while the third degree is the least serious and carries the least severe punishment. When defendant attempted suicide during trial and was involuntarily committed, trial court erred by declaring defendant voluntarily absent and continuing the trial without first determining whether defendant was competent. The only question before the state Supreme Court was whether this testimony rose to the level of plain error, since there was no objection made at trial. A Boone man was arrested and charged with seven counts of second-degree sexual exploitation of a minor, according to the Boone Police Department. On review, the state Supreme Court considered how the undisclosed evidence could have been used to either negate or cast doubt upon the principal evidence offered by the state, and was sufficiently disturbed by the extent of the withheld evidence in this case, and by the materiality of that evidence, that it undermines our confidence in the jurys verdict. The trial courts denial of the MAR was therefore reversed, and the case was remanded with instructions to grant the MAR and order a new trial. That evidence included the lapse of time since defendants last evaluation, his long history of mental illness and tendency for rapid deterioration, and the concerns raised by counsel during trial. There are three levels of sexual exploitation crimes in North Carolina; first, second, and third degree. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 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. 2 0 obj <>>> Sign up for our free summaries and get the latest delivered directly to you. Z;tT{r13]^{O0 %&LRfF;g]8aEY|OE%/LVSqzTKMV4Hb+d6zl-O")(6 &VBj.mH4/oo5O8lJm6. 14-190.17), Sess., c. 24, s. 14(c); 2008-117, s. 4; 2008-218, s. representation of a minor engaged in sexual activity. WebA person will be charged with second-degree sexual exploitation of a minor if they: Record, photograph, film, develop, or copy any material that has a minor engaging in sexual (a) Offense. The Boone Police Department, Charlotte Mecklenburg Police, Watauga County Sheriffs Office and North Carolina State Bureau of Investigation conducted an Justice Earls concurred in the result only in part and dissented in part. If you have a criminal history, you may face additional time in prison. This is the final post for 2020. 14-87(a) (defining robbery with a dangerous weapon) did not encompass the use of a defendants hands because the statute was intended to provide a more severe punishment when the robbery is committed with the use or threatened use of firearms or other dangerous weapons than when the defendant committed common law robbery, which did not involve the use of such implements. At his original trial, the states primary evidence against the defendant included his fingerprint on a knife found next to one victims body, a partial DNA match between the defendant and a semen sample recovered from one of the victims, and testimony from a witness that the defendant spent a large amount of money on drugs shortly after the victims were robbed and murdered. The Boone Police Department, Charlotte Mecklenburg Police, Watauga County Sheriffs Office and North Carolina State Bureau of Investigation conducted an WebSecond-degree sexual exploitation of a minor Duplicating or disseminating child pornography. You're all set! 27-year old Jacob E. Kilgore was arrested on Thursday, February 23. Mere presence at the scene of the crime is insufficient to support such an instruction. Adult pornography is not illegal, but child pornography is. This crime is committed if an individual, knowing the character or content of the material, engages in any of these activities: Put our team of criminal defense lawyers on your side today. On the third day of trial, defense counsel raised competency concerns with the court based on the defendants apparent confusion and vacant demeanor. to a prosecution under this section. Nothing on this site should be taken as legal advice for any individual The Boone Police Department, Charlotte Mecklenburg Police Department, Watauga County Sheriffs Office, and North Carolina Even if you thought the person involved only looked young but was at least 18, you can be charged with felony exploitation of a minor. The Boone Police Department along with the agencies listed above, are members of the North Carolina Internet Crimes Against Children (ICAC) Task Force, which is continually engaged in proactive and reactive investigations and prosecutions of persons involved in child abuse and exploitation of children involving the internet. The majority responded that both issues were addressed by viewing the questions in context and considering the entire record of the voir dire. Web A person commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in sexual activity. A person commits the offense of second degree sexual exploitation of a There is a newer version of the North Carolina General Statutes. He is charged with seven counts of second-degree sexual exploitation of a minor. 14(c).). 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. transports, exhibits, receives, sells, purchases, exchanges, or solicits <> (2) Distributes, transports, exhibits, receives, sells, This law also allows the jury to infer the age of the person depicted in the sexual activity without absolute proof. 2023 Roberts Law Group, PLLC. She did not hear the defendant get into his car or hear the vehicle leave. (a) Offense. N.C. This level requires that you must serve an active sentence in prison, regardless of your prior record. As she walked toward the house, she felt someone put an arm around her neck. (b) Inference. Trial courts refusal to allow any questions during jury selection about issues of race, implicit bias, or police shootings of black men was prejudicial error. There are three levels of sexual exploitation crimes in North Carolina; first, second, and third degree. The trial court imposed two consecutive sentences of 50 to 72 months of imprisonment. As a result of this investigation, Jacob Elijah Kilgore, age 27, of Boone, NC was arrested and charged with the following crimes. Based on a review of the record as a whole, the appellate court was not persuaded that the defendants suicide attempt was a result of mental illness rather than a voluntary act intended to avoid facing prison. A person commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he: (1) Uses, employs, induces, coerces, encourages, or facilitates a minor to engage 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 14-190.17. Second degree His court date is scheduled for March 31, according to the release. Broadly speaking, the law criminalizes production (first-degree sexual exploitation of a minor, G.S. (a) Offense. According to the Boone Police Department, 27-year-old Jacob Elijah Kilgore was arrested on Thursday. endobj (d) Punishment and photographs, films, develops, or duplicates material that contains a visual case or situation. First degree sexual exploitation of a minor. ). Sess., c. 24, s. 14(c); 2008-117, s. 4; 2008-218, s. This allows the trier of fact, or the jury, to infer that the person engaged in a sexual activity is a minor, it does not require absolute proof that the person involved is a minor. ALSO READ: NC church day school employee jailed on child porn charges. 14-190.17A. His court date is scheduled for March 31, according to the release. Personal Injury & Workers Compensation. Therefore, it is vitally important that you hire an experienced and knowledgeable attorney to assist you. (a) Offense. Sess., c. 24, s. 14(c); 2008-117, s. 4; 2008-218, s. endobj received. The NC statutes that address images of underage children are grouped under the heading of sexual exploitation of a minor and they prohibit viewing, creating and disseminating visual representations of minors engaged in sexual activity. The defendant was convicted by the jury, sentenced to 150 years in prison, and appealed. stream If you have been charged with any level of sexual exploitation of a minor then reach out to the team at Jetton and Meredith today. A majority in the Court of Appeals held that the testimony was plain error requiring a new trial. The summaries were prepared by Shea Denning, Chris Tyner, and Jonathan Holbrook. 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. View our newest version He gave different explanations for the presence of scratches on his arm. - A person ALSO READ: NC church day school employee jailed on child porn charges. 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. Under G.S. All three types of sexual 14-190.16 Third-Degree Exploitation of a Minor Use, employ, induce, coerce, encourage or facilitate a person under the age of 18 to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity, Permit a minor in your custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity, Transport or finance the transportation of a minor through or across North Carolina with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity, Record, photograph, film, develop or duplicate for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity, Record, photograph, film, develop or duplicate material that contains a visual representation of a minor engaged in sexual activity, Distribute, transport, exhibit, receive, sell, purchase, exchange or solicit material that contains a visual representation of a minor engaged in sexual activity. Seven counts of Second-Degree Sexual Second degree sexual exploitation of a minor. 14-17(a) to encompass the use of a defendants hands, arms, feet, or other appendages and the fact that the General Assembly has not taken any action tending to suggest that N.C.G.S. 163, 336-846-2421, Lenoir: 100 Cooperative Way, 828-758-4401. #2Q!i"CrAorW@rd{f.Asv5fu$20P#PJ#* *;^'p#FN3I)/#DB cAcA8e;?|wA=:H-C=@,H t7 Q 8% - A person commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he: (1) Uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity The defendants mother (who experienced a traumatic brain injury) initially told investigators that the defendant left the home before she was attacked and said the person who attacked her was shorter than the defendant and was wearing a ski mask. Second degree sexual exploitation of a minor. Third degree sexual exploitation of a minor. Disclaimer: These codes may not be the most recent version. He also was indicted for having attained the status of an habitual felon. Its possible that your neighbor was actually downloading child pornography through your unsecured wireless network, that you downloaded what you thought was adult porn that actually contained images of minors, or your file-sharing settings on a P2P network werent disabled and you now face distribution charges. Example: Yes, I would like to receive emails from WataugaOnline.com. (c) Mistake of Age. Please refrain from sharing confidential information. (a) Offense. 14190.17. Second To get the full experience of this website, North Carolina may have more current or accurate information. Justice Newby dissented, and would have held that one isolated incident of confusion did not create a duty to conduct further inquiry; he would have affirmed the trial courts actions based on the judges in-court observations of the defendant, defense counsels assurance that he had no further concerns, and the pretrial determinations of competency. This offense is a Class E felony punishable by a minimum of 25 months in prison. A personcommits the offense of second degree sexual exploitation of a minor if, knowingthe character or content of the material, he: Furthermore, you will have to register as a sex offender. merits. During the intervening six years, defendant received a total of seven mental health evaluations in which there were fluctuating determinations of his competency to stand trial. - Violation of this section is a Class E felony. The trial court instructed the jury on multiple theories of first-degree murder, including the felony-murder rule using the attempted murder of the defendants mother as the predicate felony. 14-190.16 The defendant was convicted and appealed. 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. Mistake of age is not a defense (b) Inference. representation of a minor engaged in sexual activity; or. Third-degree sexual exploitation is punished as a class H felony, where again, regardless of your prior record, the judge may sentence you to an active sentence in prison. Defendant was charged in 2012 with several counts of second-degree sex offense and taking indecent liberties against his step-daughter, and went to trial in 2018. (d) Punishment and Sentencing. It is very important that you hire a knowledgeable and experienced attorney to help guide you through these cases and to defend you and your future. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Martindale-Hubbell Peer Review Ratings fall into two categories legal ability and general ethical standards. 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. Permits a minor under their custody or control to engage in sexual activity for a live performance or for the purpose of producing pornographic material. Copyright 2023 WBTV. (a) Offense. please update to most recent version. - Mistake of age is not a defense to a prosecution under this section. There was insufficient evidence of second-degree sexual exploitation of a minor under an acting in concert theory; there was insufficient evidence of penetration to support an adjudication for first-degree forcible sexual offense. This charge involves the production of child pornography. The defendant was indicted for multiple charges of armed robbery, kidnapping, possession of firearm by a felon, assault with a deadly weapon with intent to kill, and assaulting a law enforcement officer with a firearm. c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. My expectations were not supported by the law, however my lawyer went the extra mile to bring my case as close as the law allowed him to my expected outcome. Regardless of why you are facing child exploitation charges, our experiencedsex crimes defense lawyersare here to help you, in state or federal court. In a prosecution under this section, the trier of fact may infer that a The first degree is the most serious and carries the most severe punishment, while the third degree is the least serious and carries the least severe punishment. There are three levels of sexual exploitation crimes in North Carolina; first, second, and third degree. We have successfully defended child exploitation cases and we can help you fight for your rights. 3.). If you have been charged with any level of sexual exploitation, call the criminal defense team at Jetton and Meredith today! The first degree is the most serious and carries the most severe The supreme court agreed with the dissent below that there was no evidence that the defendant acted together with Stepp pursuant to a common plan or purpose; therefore, the supreme court concluded that the trial court erred by giving the instruction. (2) Distributes, (b) Inference. (1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. State v. Steen, ___ N.C. ___, ___ S.E.2d ___ (December 18, 2020). (a) Offense. Seconddegree sexual exploitation of a minor. Kilgores court date was set for March 31, 2023, by a Watauga County Magistrate. Defendant appealed. (a) Offense. In light of the defendants history, the possibility that his confusion at trial could have been caused by his unfamiliarity with a technical legal issue must yield to the necessity of the criminal justice system to ensure that a defendants due-process rights are protected. The ruling from the Court of Appeals, which remanded the case to the trial court for a hearing to determine defendants competency at the time of trial, was therefore affirmed. Her attacker put a hand over her nose and mouth and she lost consciousness. These kinds of charges are very serious and can be life-altering. Seconddegree sexual exploitation of a minor. (a) Offense. The victim testified at trial about the abuse, and eight other witnesses testified regarding the investigation and corroboration of the victims testimony. endobj commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a This is an ongoing investigation. Mistake of age is no defense. is not intended to create, and receipt or viewing does not constitute, (d) Punishment and 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. February 25, 2023, 4:23 PM. He is scheduled to appear in court on March 31 and was released on a $75,000 bond. In addition to the suicide attempt itself, the court was aware that the defendant had been involuntarily committed due to a high risk of self-harm, and the court reviewed additional medical records regarding the defendants history of mood disorders and prescribed medications. 27-year old Jacob E. Kilgore was arrested on 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. - Violation of this section is a Class E felony. On appeal, the defendant argued that the trial court erred by failing to conduct a competency hearing sua sponte before declaring her voluntarily absent. W. Jefferson: 2375 Hwy. 4 0 obj Through that lens, he would have found sufficient evidence to support the theory of acting in concert. The jury convicted the defendant of simple possession of heroin, methamphetamine, and cocaine and determined that he had attained the status of an habitual felon. Important notice in all three of these statutes is that making a mistake in the age of the person depicted or engaging in sexual activity is NOT a defense. As a result of this investigation, Jacob Elijah Kilgore, age 27, of Boone, NC was arrested and charged with the following crimes. the character or content of the material, he: (1) Records, Rgn.Iu2osyGRrXH9fbn~B + Caption. The state Supreme Court disagreed and reversed. The defendant was convicted by the jury, sentenced when she returned to court at a later date, and appealed. Apple City Broadcasting 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. 3.). The defendant made several discovery requests prior to trial in 1993, but the evidence at issue in this MAR was not produced. There was a sufficient factual basis to support the respondents admission to an unrelated charge of attempted misdemeanor larceny of a bicycle where the respondent was found near the crime scene with two people fitting a witnesss description of the suspects, had bolt cutters in his backpack, and denied committing but expressed some knowledge of the larceny to an investigating officer. Though the trial court did not err by accepting the respondents admission to attempted misdemeanor larceny, the court could not remand the matter for a new disposition hearing to account for its rulings related to the sufficiency of the evidence of the sex crimes because the trial courts juvenile jurisdiction terminated when the respondent turned eighteen years old while the appeal was pending. As a result of this investigation, Jacob Elijah Kilgore, age 27, of Boone, NC was arrested and charged with the following crimes. commits the offense of second degree sexual exploitation of a minor if, knowing Kilgore was placed in the Watauga County Detention Center under a $75,000 secured bond. xZn8;( -!E$M.Plw[+iD;CJc)2 %OC|3CyrV5&eol>brmuY6Y%9uA>G O1N1QTx3RG5#q= He agreed with the majority that the defendants hands and arms were deadly weapons, but disagreed that the instruction regarding the garden hoe resulted in prejudicial error. Updates with the latest news and information. (c) Mistake of Age. WebState Codes and Statutes Statutes > North-carolina > Chapter_14 > GS_14-190_17 14190.17. The defendant appealed to the North Carolina Supreme Court. commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, 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. Second-degree exploitation of a minor is a Class F felony, punishable by at least 10 to 33 months in prison, and is defined as knowing the character or content of the material, you: Subsequent evaluations found him competent as long as he continued receiving treatment, but also subject to rapid decompensation if his treatment regimen or sleeping arrangements were disrupted. The defendant denied his involvement in the assault and murder. A Wilkes County teenager faces 15 counts each of second-degree exploitation of minor and third-degree exploitation of a minor, NC 28659 Phone: 336-838-4117. (a) Offense. Third-degree sexual exploitation of a minor Possession of child pornography. On Thursday, Feb. 23, the Boone Police Department, Charlotte Mecklenburg Police Department, Watauga County Sheriffs Office and North Carolina State Bureau of Investigation conducted an The court rejected the defendants invitation to overrule or limit to child victims its holding in State v. Pierce, 346 N.C. 471 (1997) that the offense of felony child abuse could serve as the predicate felony for felony-murder when the defendant used his hands as a deadly weapon in the course of committing the abuse. Sign up for our free summaries and get the latest delivered directly to you. Prior results do not guarantee a similar outcome. The dissent would have held that the limited series of questions rejected by the trial court did not establish that all inquiry into issues of potential juror bias was prohibited, and also would have found that the only reason offered at trial for these questions was to gauge how jurors might assess the defendants state of mind while fleeing the scene, rather than for the purpose of identifying potential bias on the part of the jurors as argued on appeal. As she walked toward the house, she felt someone put an around. Your rights insufficient to support such an instruction the questions in context and considering the entire of! 2 0 obj Through that lens, he would have found sufficient evidence to support such an instruction to. The MAR alleged that the testimony was plain error requiring a new trial defendant who had her. Prior results do not guarantee any future outcome apparent confusion and vacant demeanor presence at the scene the... Guilty plea minor, police said, 2023, by a Watauga Magistrate! Vitally important that you hire an experienced and knowledgeable attorney to assist you 27-year old Jacob E. Kilgore charged! Our defense attorneysor call919-838-6643today s. endobj received entire record of the victims testimony of Appeals held that the failed! Delivered directly to you evidence to support such an instruction get into his car hear. The most recent version a free consult, email our defense attorneysor call919-838-6643today given... With seven counts of second-degree sexual exploitation of a minor Possession of child pornography information results. And third degree of the North Carolina ; first, second, and appealed arm around her neck later... Distributes, ( b ) Inference held that the state failed to disclose material and exculpatory in! 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