SBI charges local man for possessing child porn on computer

A Rowan County man was booked into the jail Tuesday night, charged with third degree sexual exploitation of a minor.

Phillip Lee Vary, 25, 201 Dan Street, Salisbury, was charged late Tuesday afternoon.  Bond was set at $50,000.

According to the arrest warrants, Vary possessed images and video of child pornography on his computer. The images involved nude girls aged 7-10 performing sex acts on adults, and digital images of underage girls.

The arrest was part of an investigation conducted by the State Bureau of Investigation.  Salisbury Police assisted with the arrest.

A check of the NC Department of Corrections shows no criminal record for Vary.

According to the state's general statutes, the charge is defined as follows:

§ 14-190.17A.  Third degree sexual exploitation of a minor.

(a)        Offense. - A person commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in sexual activity.

(b)        Inference. - In a prosecution under this section, the trier of fact may infer that a participant in sexual activity whom material through its title, text, visual representations or otherwise represents or depicts as a minor is a minor.

(c)        Mistake of Age. - Mistake of age is not a defense to a prosecution under this section.

(d)       Punishment and Sentencing. - Violation of this section is a Class H felony.  (1989 (Reg. Sess., 1990), c. 1022, s. 1; 1993, c. 539, s. 1198; 1994, Ex. Sess., c. 24, s. 14(c); 2008-117, s. 5; 2008-218, s. 4.)