In addition to new legislation impacting Raise the Age and capacity, a new crime of sexual extortion has been codified in N.C.G.S. 14-202.7 linked here. The statute specifically designates minors as anyone under 18 and adults as anyone over 18. The distinction is important because a first offense for an adult is a Class F felony while a first offense for a minor is a Class 1 misdemeanor. As such, a youth under 18 would be charged in juvenile court and remain there. A second offense for a minor a class F felony. Therefore, youth aged 16 or 17 charged with a second offense would be subject to mandatory transfer. The statute further creates the offense of aggravated sexual extortion which applies only to adults when the alleged victim is a minor or an adult with a disability. Interestingly, the legislature seems to have acknowledged the lesser culpability of youth charged with criminal acts in creating this separate offense classification based upon the age of the accused.
This new statute is strikingly similar to disclosure of private images in N.C.G.S. 14-190.5A. However, disclosure of private images is a Class H felony for an adult or for a second offense by a minor instead of Class F. It is a Class H for an adult or Class 1 for a minor for a first offense. Given the similarities in the statutes, some youth may be over-charged in order to influence the possibility of transfer to Superior Court. Counsel for youth or adults for this offense should note the similarities in each statute for use in plea negotiations and for use in negotiations to avoid transfer or obtain remand. Like sexual extortion, this statute acknowledges lesser culpability of individuals under 18 in creating separate offense classifications. For additional discussion on the separate classifications and implications for sexting crimes, see this NCBA Blog.
As last points, each statute requires specific intent. In the case of extortion, intent to obtain additional private images or anything else of value is required. Disclosure of private images requires the intent to “coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.” Each statute allows the crime to be charged for AI or other electronic images. Therefore, there may be overlap or additional charges for exploitation of a minor under N.C.G.S. 14-190.17A. For assistance or consultation on these or other issues, please view the OJD website or contact our office directly at 919-890-1650.