Case Study: Cormega Copening in North Carolina

In 2015, Fayetteville high school quarterback, Cormega Copening, and his girlfriend, Brianna Benson, were charged as adults for sending sexually explicit photos of themselves to each other when they were 16 years old.

In 2015, Fayetteville, North Carolina high school quarterback Cormega Copening and his girlfriend, Brianna Benson, were charged as adults for sending sexually explicit photos of themselves to each other when they were 16 years old (Corbin, 2016).

Copening was charged with five felonies – two counts of second-degree sexual exploitation of a minor for taking nude photos of himself, and three counts of third-degree sexual exploitation of a minor for sending photos of himself to Benson and for having a photo of Benson on his phone. Benson was charged with two counts for taking a nude photo of herself and sending it to Copening. They also faced the possibility of becoming registered sex offenders.

Copening and Denson both agreed to plea bargains reducing their charges to misdemeanors and served a probation period that resulted in their charges being dismissed a year later (WRAL, 2016).

The Copening case shows the potential consequences for teen texting in North Carolina. At age 16, teenagers in North Carolina can legally consent to engage in sexual intercourse (Powell, 2016). However, under North Carolina law, it is a felony to create, disseminate, or possess an image of a minor engaged in sexual activity, including images of oneself (N.C. Gen. Stat. § 14-190.13 to 14-190.17A; 15A-1340.17, 2020). It is also a crime to send any depiction of explicit nudity or sexual activity to a minor, even if it is another minor sending it (N.C. Gen. Stat. § 14-190.5, -190.7, -190.15; 15A-1340.23, 2020). In North Carolina, minors can also be charged as adults starting at 16 years old (N.C. Gen. Stat. § 7B-1501, -2200, 2020), which is why Copening and Denson’s warrants listed them as both the adult perpetrators and the minor victims. Additionally, any minor tried as an adult and convicted of sexual exploitation of a minor must register as a sex offender (N.C. Gen. Stat. § 14-208.6, -208.7, 2020).

Copening and Denson’s warrants listed them as both the adult perpetrators and the minor victims.

Copening and/or Denson could have been sentenced to a 4- to 10-year prison term and lifelong sex offender registration. However, both were able to plea bargain their cases down to the misdemeanor of disseminating harmful material to minors, resulting in one year’s probation. The probation included paying fines, community service, taking a “Good Decision-Making” class, and not possessing a cell phone for one year (Powell, 2016). Copening was suspended from the football team where he played quarterback and was denied college scholarships due to his probation. Additionally, his family incurred significant legal expenses, both for the original case and to later have his record expunged (Powell, 2017).

References

1. Corbin, C. (2016, May 3). NC high school gridder faces felony charges over ‘terrible’ sexting law. Fox News.

2. O'Connor, K., Drouin, M., Yergens, N., & Newsham, G. (2017). Sexting legislation in the United States and abroad: A call for uniformity. International Journal of Cyber Criminology, 11(2), 218-245.

3. Powell, L. (2016). Does NC need a teen sexting law? On the Civil Side. https://civil.sog.unc.edu/does-nc-need-a-teen-sexting-law/

4. Powell, L. (2017). Teen sexting prosecutions expose harsh gap in N.C. law. North Carolina Lawyer. https://ncbarblog.com/teen-sexting-prosecutions-expose-harsh-gap-in-n-c-law/.

5. WRAL News. (2016, July 7). All charges dismissed against Fayetteville high school QB in sexting case. WRAL News.