Nash County father goes to police for help, then they charged his 10-year-old daughter for having nude photos of herself on phone

A Rocky Mount man told WRAL News his 10-year-old daughter was charged with a felony for having nude pictures of herself on her cellphone.

The county's district attorney said it's a charge he's never seen brought against a child before. The father said he now has concerns about how the charge will impact his daughter's future.

The father said his now 11-year-old daughter is a normal kid who likes basketball, drawing and spending time with family.

WRAL News isn't identifying either of them due to the sensitive nature of the charge against her.

The man's daughter also has a cellphone. Last fall, her father found something on it that was cause for concern.

"I had went through my daughter’s phone and everything, and once I went through her phone, I became aware of nude pictures and videos," he said.

The man said his daughter was taking inappropriate pictures of herself. He was concerned about who she was sending them to. The father called Rocky Mount police.

Authorities seized the phone with the father's approval.

"They asked could they seize the phone because of the content that was in the phone," the father said. "So, I told them 'yes,' that I had no problem with that."

Shortly after, the father received this document from the state department of public safety.

His daughter was being charged with a felony: Second-degree exploitation of a minor.

"Why? Why was my daughter charged with a felony at the age of 10?" he said. "And why weren’t the other people who were sending pictures and everything back, why weren’t they charged?"

"I was mad."

Documents show the state agreed not to take the charge to juvenile court. Instead, it allows the man to complete a parenting course and connect his daughter with a mental health care provider.

In March, the state told the man he and his daughter had met their obligations and the complaint against her had been closed.

However, the man said he still has questions that authorities haven't answered:

"Will it be on her record?" asked the father. "Will she be able to get the jobs that she wants and desires and everything?"

WRAL News reached out to Rocky Mount police, asking why the 10-year old girl was charged with a felony for exploiting herself and if the charge will be public record going forward.

Rocky Mount police said the investigation began in the city, but was then transferred to the Nashville Police Department.

WRAL News sent the same questions to Nashville police, who passed us on to the district attorney's office.

Nash County District Attorney Jeff Marsigli said his office didn't bring the charge against the girl, as that conversation was between Nashville police and the state.

Under state law, the district attorney said possessing provocative pictures of a child on a device is grounds for the charge of felony exploitation, even against a child who took the pictures of his or herself.

However, Marsigli said in more than 20 years, he's never seen this charge brought against a child before. As for whether the charge would be public record, the North Carolina Department of Public Safety said by state law, juvenile records maintained by the division of juvenile justice are not publicly accessible and can only be seen by the juvenile, their family and court officials.

WRAL News also reached out to Nashville police to ask whether anyone who sent or received inappropriate pictures from the 10-year-old girl has been charged.

Nashville Police Chief John Thomas Winstead II did not directly answer the question, saying, "the father has been advised numerous times by my detectives, the Nash DA’s office and the Nash Juvenile Counselor as to what charges were obtained."