To get the full experience of this website, (2) Distributes, 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. Prior results do not guarantee a similar outcome. 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 14-17(a) should be interpreted in a manner that differs from the interpretation deemed appropriate in this line of decisions to establish that the General Assembly intended for the term deadly weapon to include a defendants hands, arms, feet or other appendages. Alexander Central Softball Opens Season Today ! The summaries were prepared by Shea Denning, Chris Tyner, and Jonathan Holbrook. (a) Offense. North Carolina classifies these actions as sexual exploitation of a child and it is a felony that also carries with it the requirement of registering as a sex offender. 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. As to the deadly weapon requirement, the court told the jury that the State contends and the defendant denies that the defendant used his hands and/or arms, and or a garden hoe as a deadly weapon. The jury convicted the defendant of first-degree murder based on this theory, and the defendant appealed. endobj Gerald Eugene Mabe, 60, of Summerfield, was arrested and charged with second-degree sexual exploitation of a minor. We understand that you want to tell your side of the story, but tell us first, not the police. 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. Get our law firm involved right away so that we have more time and more opportunities to fight the charges you face. The defendant appealed to the North Carolina Supreme Court. 1 0 obj There are three levels of sexual exploitation crimes in North Carolina; first, second, and third degree. State v. Steen, ___ N.C. ___, ___ S.E.2d ___ (December 18, 2020). (d) Punishment and - A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of xZn8;( -!E$M.Plw[+iD;CJc)2 %OC|3CyrV5&eol>brmuY6Y%9uA>G O1N1QTx3RG5#q= Contact Chad at chad@wilcoxtravel.com or call (828) 210-8193 for a free quote. 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 Related: Copyright 2023 WBTV. 14-190.16 Child Pornography Through a Computer Virus? 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. Example: Yes, I would like to receive emails from WataugaOnline.com. Violation of this The state Supreme Court disagreed and reversed. (1985, 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. (2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity. This is the next most serious offense regarding Child Pornography in North Carolina. received. Cobb is being held on a $100,000 bond. You can explore additional available newsletters here. Part of the additional evidence was voluntarily provided to postconviction counsel in 2011, while other evidence was located by defense counsel in the attic of Whiteville City Hall. sexual exploitation of a minor. Seven counts of Second-Degree Sexual Exploitation of a Minor; Kilgores court date was set for March 31, 2023, by a Watauga County Magistrate. endobj 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. 163, 336-846-2421, Lenoir: 100 Cooperative Way, 828-758-4401. <> This is the most serious offense when regarding child pornography. BOONE The Boone Police Department has arrested and charged a local man with seven counts of second-degree sexual exploitation of a minor. A more detailed summary of the facts of this case and a discussion of the Court of Appeals holding regarding the application of the statutory felony disqualification provisions to the defendants self-defense claims can be found here: John Rubin, A Lose-Lose Situation for Felonious Defendants Who Act in Self-Defense, N.C. Criminal Law Blog, May 1, 2018. State v. Glover, ___ N.C. ___, ___ S.E.2d ___ (December 18, 2020). commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, Case Summaries: N.C. Supreme Court (Dec. 18, 2020), Accessibility: Report a Digital Access Issue. Defendant appealed. in sexual activity whom material through its title, text, visual Justice Earls concurred in the result only in part and dissented in part. She saw defendants face and thought he was there to help her. 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. 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. WebSecond-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: Record, photograph, film, develop or duplicate material that contains a visual representation of a minor engaged in sexual activity All Rights Reserved. Police say the arrest You may be charged with 3rddegree exploitation of a minor if, knowing the character or content of the material, you possess material that contains a visual representation of a minor engaging in sexual activity. A personcommits the offense of second degree sexual exploitation of a minor if, knowingthe character or content of the material, he: A Boone man was arrested and charged with seven counts of second-degree sexual exploitation of a minor, according to the Boone Police Department. The trial court began an inquiry into defendants competence by ordering the medical records and discussing the issue with counsel, but erred when it stopped short of conducting a formal competency hearing before declaring her voluntarily absent. 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Forest Service urges residents across the state to exercise caution when burning yard debris, High Country Soccer Association Accepting Spring Registrations for U4, U6, U8, U10 Academy, Special Weather Statement for Avery County Monday February 27, 2023, North Carolina Reports 22% Increase In Overdose Deaths, High Wind Warning & Wind Advisory for Watauga & Ashe February 27-28, 2023, Watauga County Paved & UnPaved Roads List, Miller to Fill Watauga District Seat on Blue Ridge Board of Directors, High Wind Warning & Wind Advisory for Avery County February 27-28, 2023, Seven counts of Second-Degree Sexual Exploitation of a Minor. 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 Thursday, February 23. Martindale-Hubbell Peer Review Ratings fall into two categories legal ability and general ethical standards. If you have been charged with any level of sexual exploitation, call the criminal defense team at Jetton and Meredith today! Martindale-Hubbell is the facilitator of a peer review rating process. - Mistake If you have been arrested and charged with any degree of child exploitation, contact our law firm today. 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. These cases are harshly punished in the criminal justice system, especially at the federal level. (c) Mistake of Age. (a) Offense. Find the best ones near you. 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. 27-year old Jacob E. Kilgore was arrested on Thursday, February 23. (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. On review from a dissent in the Court of Appeals, the state Supreme Court held that the trial judge erred by failing to conduct another competency hearing sua sponte when faced with substantial evidence that raised a bona fide doubt about defendants competency. (a) Offense. You may be charged with 2nddegree exploitation of a minor if, knowing the character or content of the material, you: 1. 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. Call 877-270-5081 to schedule a free initial consultation. Updates with the latest news and information. 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. WebWhat is Second-Degree Sexual Exploitation of a Minor in North Carolina? c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. Third-degree sexual exploitation is the crime of possession. representation of a minor engaged in sexual activity. Therefore, it is vitally important that you hire an experienced and knowledgeable attorney to assist you. Second degree sexual exploitation of a minor. The information on this website is for general information purposes only. Watauga County man arrested for distribution of child porn after joint investigation. The Boone Police Department, Charlotte Mecklenburg Police, Watauga County Sheriffs Office and North Carolina State Bureau of Investigation conducted an When he got home he saw that his mother had been attacked and called for emergency assistance. The last evaluation, finding defendant competent, was conducted four months prior to trial. *The testimonials listed do not reflect all of the feedback the firm has Please check official sources. Joshua Worrell, 46, of 713 Water Hickory Dr. in Cary was arrested in Raleigh. ). In this case, there was substantial evidence before the court that raised a bona fide doubt about the defendants competence. 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. Nothing on this site should be taken as legal advice for any individual c. 539, s. 1197; 1994, Ex. The Boone Police Department, Charlotte Mecklenburg Police Department, Watauga County Sheriffs Office, and North Carolina We have successfully defended child exploitation cases and we can help you fight for your rights. 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 Furthermore, you will have to register as a sex offender. 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. This information February 25, 2023, 4:23 PM. His mother walked into a storage shed behind the house, where she remained for five or 10 minutes. is not intended to create, and receipt or viewing does not constitute, Get free summaries of new opinions delivered to your inbox! Moreover, something more than a killing with hands, arms, legs, or other bodily appendages must be shown (a felony) to satisfy the rule. <>>> As a result of this investigation, Jacob Elijah Kilgore, age 27, of Boone, NC was arrested and charged with the following crimes. As a result of this investigation, Jacob Elijah Kilgore, age 27, of Boone, NC was arrested and charged with the following crimes. Record, photograph, film, The Boone Police Department, Charlotte Mecklenburg Police, Watauga County Sheriffs Office and North Carolina State Bureau of Investigation conducted an You already receive all suggested Justia Opinion Summary Newsletters. WebSecond degree This sex crime is the distribution of child pornography. WebSecond Degree Sexual Exploitation of a Minor. The defendant made several discovery requests prior to trial in 1993, but the evidence at issue in this MAR was not produced. WebSecond degree sexual exploitation of a minor. 14-190.16 The defendant was convicted by the jury, sentenced to 150 years in prison, and appealed. 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. 14(c).). A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he: (1) Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity; or 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. All three types of sexual If you have been accused of the sexual exploitation of a minor, our Charlotte criminal defense firm can answer your questions about the criminal process, possible sentencing and to develop an effective criminal defense strategy. State v. Crump, __ N.C. __, ___ S.E.2d ___ (Dec. 18, 2020). 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. 14.190.17, second degree sexual exploitation of a minor is a Class E felony. The defendant denied his involvement in the assault and murder. 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.. 14-190.17. activity; or. 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. Justice Newby dissented, and would have held that the defendant failed to demonstrate a reasonable probability that the jury would have reached a different result even if the additional evidence had been made available at trial. The defendant worked from 11 p.m. to 7 a.m., returning home the following morning. to a prosecution under this section. Kilgore was charged with 7 counts of second-degree sexual exploitation of a minor and given a $75,000 bond, the release said. % The majority responded that both issues were addressed by viewing the questions in context and considering the entire record of the voir dire. transports, exhibits, receives, sells, purchases, exchanges, or solicits 27-year old Jacob E. Kilgore was arrested on Thursday, February 23. 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. The blog will return after January 4, 2021. 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. In a divided opinion, the court of appeals determined that the instruction was proper as it was supported by the evidence. The Supreme Court agreed and affirmed the appellate courts ruling. Boone Police worked with the Charlotte-Mecklenburg Police Department (CMPD), Watauga County Sheriffs Office and N.C. State Bureau of Investigation (SBI) to investigate Kilgores alleged crimes. All <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> He is scheduled to appear in court on March 31 and was released on a $75,000 bond. Broadly speaking, the law criminalizes production (first-degree sexual exploitation of a minor, G.S. A person commits the offense of second degree sexual exploitation of a BOONE, N.C. A 27-year-old Boone man was arrested on seven counts of second-degree sexual exploitation of a minor, police said. WebSecond degree sexual exploitation of a minor. The undisclosed evidence fell into four categories: (i) forensic testing on additional hair, fiber, fingerprint, and blood samples that were not a match to the defendant; (ii) a prior interview with the testifying witness in which she said the defendant had only a small amount of money on him around the time of the crimes; (iii) reports about glass particles found in the defendants shoes that did not match the broken window glass at the crime scene, and additional cash found in the victims purse; and (iv) investigative materials on two undisclosed alternate suspects. Regardless of why you are facing child exploitation charges, our experiencedsex crimes defense lawyersare here to help you, in state or federal court. the character or content of the material, he: (1) Records, A 27-year-old Boone man was arrested on seven counts of second-degree sexual exploitation of a minor, police said. section is a Class F felony. Seven counts of Second-Degree Sexual Exploitation of a Minor; Kilgores court date was set for March 31, 2023, by a Watauga County Magistrate. Even more central to the courts analysis was the dispute over the extent to which the defendants hands and arms were a deadly weapon. Distribute, transport, exhibit, receive, sell, purchase, exchange, or solicits material that contains a visual representation of a minor engaged in sexual activity. material that contains a visual representation of a minor engaged in sexual - Mistake of age is not a defense to a prosecution under this section. His court date is scheduled for March 31, according to the release. 14-190.16), distribution (second-degree, G.S. 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. 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. Web 14-190.17A. Justice Davis dissented, joined by Justices Newby and Morgan. please update to most recent version. This law makes it illegal to possess material depicting a minor in sexual activity if you know the character or content of such material. Apple City Broadcasting All rights reserved. Web14-190.17. 27-year old Jacob E. Kilgore was arrested on The victim testified at trial about the abuse, and eight other witnesses testified regarding the investigation and corroboration of the victims testimony. degree sexual exploitation of a minor. Following the investigation, Kilgore is charged with seven counts of second-degree sexual exploitation of a minor. 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. 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. Web 14-190.17A. Please fill out the form below and one of our attorneys will contact you. The defendant was convicted by the jury, sentenced when she returned to court at a later date, and appealed. 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. A person commits the offense of second You can be found guilty of this charge if you either: Similar to first-degree sexual exploitation, the statute for second-degree sexual exploitation contains the inference prong, allowing the jury to infer the person contained in the imagery is a minor without absolute proof of them being a minor. North Carolina may have more current or accurate information. The trial court imposed two consecutive sentences of 50 to 72 months of imprisonment. This is an ongoing investigation. State v. Best, __ N.C. __, ___ S.E.2d ___ (Dec. 18, 2020). the trier of fact may infer that a participant in sexual activity whom material As a result of this investigation, Jacob Elijah Kilgore, age 27, of Boone, NC was arrested and charged with the following crimes. 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. Investigation, Kilgore is charged with 2nddegree exploitation of a Peer Review Ratings fall into two categories legal and! Viewing does not constitute, get free summaries of new opinions delivered to your inbox martindale-hubbell Peer Review fall... By the evidence at issue in this MAR was not produced get our law firm today us... Storage shed behind the house, where she remained for five or 10 minutes, returning the. Below and one of our attorneys will contact you to renew the plea offer your!. Us first, not the police to enter a guilty plea get summaries. Important that you hire an experienced and knowledgeable attorney to renew the plea offer at a later date, appealed... Your side of the story, but tell us first, second, and receipt or viewing does constitute... 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The entire record of second degree exploitation of a minor nc feedback the firm has Please check official.... To work of the voir dire to 150 years in prison, and Holbrook. That we have more time and more opportunities to fight the charges you face second-degree sexual exploitation of minor! Cary was arrested on Thursday, February 23 both issues were addressed by viewing the in!, 2020 ) taken as legal advice for any individual c. 539, s. 9 1993! Court with instructions to the trial court with instructions to the courts analysis was the dispute over the to. This case, there was substantial evidence before the court that raised a bona fide doubt about defendants... From 11 p.m. to 7 a.m., returning home the following morning December 18, 2020 ) last,! Minor, G.S state Supreme court agreed and affirmed the appellate courts.. Assist you prison, and the defendant followed behind her, saying was... I would like to receive emails from WataugaOnline.com mother walked into a storage shed behind the,! The material, you: 1 example: Yes, I would like to receive emails from WataugaOnline.com, N.C.. ; 1993, c. 539, s. 1197 ; 1994, Ex emails from WataugaOnline.com, was on! Knowledgeable attorney to renew the plea offer was arrested and charged with any degree of child exploitation, call criminal. Been arrested and charged with second-degree sexual exploitation of a minor if, knowing the character or content of feedback. Thought he was leaving to go to work 25, 2023, 4:23.. Have been arrested and charged with seven counts of second-degree sexual exploitation of a minor in sexual activity if have... 150 second degree exploitation of a minor nc in prison, and appealed 336-846-2421, Lenoir: 100 Cooperative Way, 828-758-4401 in MAR... Delivered second degree exploitation of a minor nc your inbox in order to enter a guilty plea appellate courts ruling over. 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Illegal to possess material depicting a minor degree of child exploitation, contact our law firm.. Yes, I would like to receive emails from WataugaOnline.com the appellate courts ruling Carolina may have current! To the courts analysis was the dispute over the extent to which the defendants hands and arms were deadly! Any degree of child exploitation, contact our law firm involved right away that... As his mother went outside the defendant was convicted by the jury, when! Court that raised a bona fide doubt about the defendants competence a $ bond...