UNITED STATES OF AMERICA v. BAILEY JOE MILLS
US Court of Appeals for the Fourth Circuit, Thacker, March 15, 2017,
18 USC 2251 – North Carolina indecent liberties with children law qualifies under 18 USC 2251(e) as a law “of any State relating to the sexual exploitation of children.”

Facts
On January 5, 2014, police executed a search warrant on Mills’ home after an investigation revealed that he had been sexually abusing children. The search uncovered 125 videos and 924 still images produced by Mills portraying the sexual exploitation of children.
Mills used at least ten different children to make the images. Appellant paid several of the children to have sex with him and other males. Mills also possessed over 10,000 additional images of child pornography and over 100,000 images of child erotica and adult pornography.
On August 12, 2014, Mills pled guilty to manufacturing child pornography.
At sentencing, he received an enhanced sentence due to his two previous convictions for violating a North Carolina taking indecent liberties with children statute.
Mills challenged the sentence enhancement, claiming that North Carolina’s law was not a state “sexual exploitation” conviction because it doesn’t involve child pornography.
Law from the Case
Held: A charge doesn’t have to involve child pornography to qualify as sexual exploitation of children.
Child Pornography- Federal Sexual Exploitation of Children law (18 USC 2251) makes it illegal to use or persuade a minor to engage in child pornography.
Child Pornography – Sentencing – There is an enhanced sentence under the law for those who have a prior state conviction relating to child sexual abuse or exploitation.
Child Pornography – For 18 USC 2251, “sexual exploitation of children” means to take advantage of children for selfish and sexual purposes.