Child pornography (also known as child sexual abuse material, “CSAM”) is a category of speech that is not protected by the First Amendment to the United States Constitution, so long as the images depict actual minors engaged in sexual activity. State laws criminalizing the creation, distribution, and possession of child pornography have been upheld in North Carolina on this basis. Responding to a growing concern over generative AI, however, the legislature recently amended these laws to...
NC Criminal Law
on Tuesday, May 12th, 2026
#NCPROTIP
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If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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