§ 14-202.3. Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act.

418 words·~2 min read·/nc/chapter-14/14-202-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Offense. - A person is guilty of solicitation of a child by a computer if the person is 16 years of age or older and the person knowingly, with the intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands, by means of a computer or any other device capable of electronic data storage or transmission, any of the following:

(1)A child who is less than 16 years of age and at least five years younger than the defendant to meet with the defendant or any other person for the purpose of committing an unlawful sex act.

(2)A person the defendant believes to be a child who is less than 16 years of age and who the defendant believes to be at least five years younger than the defendant, to meet with the defendant or any other person for the purpose of committing an unlawful sex act.

(3)A person the defendant believes to be the parent, guardian, or caretaker of a child who is less than 16 years of age and who the defendant believes to be at least five years younger than the defendant, to meet with the defendant or any other person for the purpose of committing an unlawful sex act.

(b)Jurisdiction. - The offense is committed in the State for purposes of determining jurisdiction, if the transmission that constitutes the offense either originates in the State or is received in the State.

(c)Punishment. - A violation of this section is punishable as follows:

(1)Except as otherwise provided in this subsection, a first violation of this section is a Class G felony. A second or subsequent violation of this section, or a first violation of this section committed when the defendant had a prior conviction in any federal or state court in the United States that is substantially similar to the offense set forth in this section, is a Class E felony.

(2)If either the defendant, or any other person for whom the defendant was arranging the meeting in violation of this section, actually appears at the meeting location, then the violation is a Class D felony.

(d)Consent not a Defense. - Consent is not a defense to a charge under this section. (1995 (Reg. Sess., 1996), c. 632, s. 1; 2005-121, s. 1; 2008-218, s. 5; 2009-336, s. 1; 2024-37, s. 2(f); 2025-70, s. 3(a).)