North Carolina § 14-202 - 3. Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act.

§ 14-202. 3. Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act.

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, a child who is less than 16 years of age and at least five years younger than the defendant, or 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. Consent is not a defense to a charge under this section. 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. Punishment. - A violation of this section is punishable as follows: A violation is a Class H felony except as provided by subdivision (2) of this subsection. 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 G felony. History (1995 (Reg. Sess., 1996), c. 632, s. 1; 2005-121, s. 1; 2008-218, s. 5; 2009-336, s. 1.) Effect of Amendments. - Session Laws 2005-121, s. 1, effective December 1, 2005, and applicable to offenses committed on or after that date, in subsection (a), in the first sentence, inserted "or a person the defendant believes ... 3 years younger than the defendant" and added the second sentence; and in subsection (c), substituted "Class H felony" for "Class I felony." Session Laws 2008-218, s. 5, effective December 1, 2008, and applicable to offenses committed on or after that date, substituted "punishable as follows" for "a Class H felony" in subsection (c); and added subdivisions (c)(1) and (c)(2). Session Laws 2009-336, s. 1, effective December 1, 2009, and applicable to offenses committed on or after that date, in the section catchline, inserted "or certain other electronic devices"; and in subsection (a), in the first sentence, inserted "or any other device capable of electronic data storage or transmission" and substituted "five years" for "3 years" twice.