Smith's Criminal Case Compendium
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State v. Corbett, ___ N.C. App. ___, 824 S.E.2d 875 (Feb. 19, 2019)
The evidence was sufficient to support convictions for first-and second-degree sexual exploitation of a minor. On appeal the defendant argued that a key photograph introduced at trial did not depict the victim engaged in “sexual activity.” The definition of “sexual activity” for purposes of both offenses includes “[t]he lascivious exhibition of the genitals or pubic area.” This prong of the definition of “sexual activity” was the theory on which the State proceeded. The courts have defined the term “lascivious” as “tending to arouse sexual desire.” A reasonable jury could have found that the photograph meets the definition of “lascivious.” The focal point of the picture is the victim’s naked body. She is standing in her father’s bedroom, a setting generally associated with sexual activity, naked except for her socks. The photograph is clearly intended to elicit a sexual response based on the context in which it was taken, which included the defendant’s repeated attempts to touch the victim sexually. The court went on to reject the defendant’s argument that the photograph does not actually contain an exhibition of the victim’s genitals or pubic area. It noted that her fingers are spread far enough apart such that her pubic area is at least partially visible. Viewing the evidence in the light most favorable to the State, reasonable jurors could have determined that the photograph depicted the victim’s pubic area.