Your Trial Attorneys
Child Pornography Defense in New Bern
Criminal Defense in New Bern Since 1994
An investigation involving alleged sexual exploitation of a minor can move quickly. Police may request an interview, execute a search warrant, seize electronic devices, or seek access to online accounts before filing formal charges. Before answering questions or consenting to further investigative steps, speak with our criminal defense attorneys about your rights and immediate decisions.
North Carolina generally uses the statutory term sexual exploitation of a minor for offenses often described as child pornography charges. The precise charge depends on the alleged conduct, not the label used online or during an investigation. Since 1994, Chesnutt & Clemmons has represented clients in criminal defense matters in New Bern and throughout Craven County.
Call (252) 300-0133 to discuss an investigation, search, arrest, or charge with our attorneys.
Degrees of Sexual Exploitation of a Minor in North Carolina
North Carolina classifies these offenses according to alleged conduct such as production, distribution, receipt, and possession. Determining the applicable degree requires reviewing the relevant North Carolina General Statutes, the prosecution’s evidence, and the accused person’s prior record.
The principal classifications include:
- First-degree sexual exploitation of a minor: This offense can involve using, inducing, coercing, or facilitating a minor’s participation in sexual activity for a live performance or the production of visual material. It is generally a Class C felony. Specified conduct involving material created for sale or pecuniary gain is classified separately under the statute.
- Second-degree sexual exploitation of a minor: This Class E felony can involve creating or duplicating covered material, as well as distributing, transporting, exhibiting, receiving, selling, purchasing, exchanging, or soliciting it.
- Third-degree sexual exploitation of a minor: This Class H felony generally concerns knowingly possessing material depicting a minor engaged in sexual activity.
The degree listed on a charging document doesn’t establish that the prosecution can prove every statutory element. Production, distribution, receipt, and knowing possession each raise distinct factual and legal questions.
What Digital Evidence Can & Cannot Prove
Investigators may examine phones, computers, cloud accounts, messaging services, browser histories, file metadata, downloads, and image-sharing records. The presence of a file or account on a device doesn’t establish who controlled it, how the file arrived, whether someone knowingly accessed it, or whether the evidence proves the charged conduct.
Our criminal defense work includes detailed investigation and, when appropriate, challenges to improperly obtained evidence. We can examine the scope of a search warrant or alleged consent, device ownership and access, account activity, communications, file data, and the prosecution’s identification of the material.
Important issues in a digital evidence review can include:
- Search authority: Whether a warrant or consent authorized the search of particular places, devices, accounts, and data.
- Knowledge and control: Whether the evidence connects knowing possession or control to a particular person.
- File activity: Whether the records support allegations of downloading, sharing, solicitation, distribution, or production.
- Statutory fit: Whether the alleged material and conduct satisfy every element of the charged offense.
Don’t delete, alter, forward, or discuss potentially relevant material. Obtain legal advice before responding to investigators or making decisions about electronic evidence.
How We Prepare a Criminal Defense
We approach criminal defense through investigation, negotiation, and litigation. The appropriate path depends on the evidence, charged degree, prior record, prosecutorial decisions, and court rulings.
Our work can include:
- Reviewing warrants, charging documents, notices, and investigative contacts.
- Examining digital records, timelines, witnesses, and statutory elements.
- Identifying potential search and seizure issues and preparing appropriate motions.
- Communicating with prosecutors and evaluating fact-dependent negotiation options.
- Preparing a trial defense when litigation is necessary.
Our trial-tested litigators bring more than a century of combined legal experience to criminal matters. We prepare each defense around the evidence and specific allegations, not assumptions based on the charge’s name.
Five-Star Client Reviews
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More Than a Century of Combined Legal Experience
Our attorneys have earned recognition from The Best Lawyers in America®, Super Lawyers®, The National Trial Lawyers Top 100, and Martindale-Hubbell®, which awarded our firm an AV Preeminent rating.
Recognition alone doesn’t determine a defense strategy. We focus on the charging language, the source of the evidence, investigative procedures, digital records, and the options available at each stage of the case.
What to Bring to Your Consultation
You don’t have to wait for formal charges to seek legal advice. Tell us about any law enforcement contact, device seizure, search, notice, arrest, or upcoming court date. Bring available charging documents and notices, but don’t access or alter potentially relevant electronic material while preparing for the consultation.
Payment plans are available. During your consultation, we can discuss the specific allegations, identify time-sensitive concerns, and explain the next steps that may apply to your circumstances.
Get Legal Guidance Before Your Next Decision
Contact our attorneys promptly if you’re under investigation or facing a sexual exploitation of a minor charge in New Bern or Craven County. An early consultation allows us to assess law enforcement contact, upcoming proceedings, and electronic evidence issues before you respond or make further decisions.
We provide direct, nonjudgmental criminal defense counsel backed by thorough investigation, careful negotiation, and trial preparation. Bilingual staff members are available for English-speaking and Spanish-speaking clients.
Call (252) 300-0133 to request a consultation with Chesnutt & Clemmons.