Appeals court upholds child sex crimes conviction of Carolina Beach ice cream shop owner

NEW HANOVER COUNTY, NC  (WWAY) — The North Carolina Court of Appeals has upheld the conviction of a Carolina Beach ice cream shop owner found guilty of second-degree sexual exploitation of a minor.

In a unanimous opinion filed June 3, the court rejected an appeal from Breon Jaquel Williams Tyson, who argued there was insufficient evidence to support his conviction for second-degree sexual exploitation of a minor.

According to court records, Tyson hired a 14-year-old boy to work at his Carolina Beach ice cream shop in 2023. Investigators later began looking into allegations that Tyson had inappropriate communications with the teen. The case came to law enforcement’s attention after one of the teen’s friends reported concerns to an adult, who contacted authorities.

Tyson was indicted on multiple charges, including taking indecent liberties with a child, solicitation of a child by computer and second-degree sexual exploitation of a minor. A New Hanover County jury found him guilty in September 2024.

Court records show Tyson received an active prison sentence of 16 to 80 months for the sexual exploitation conviction. Additional convictions were consolidated into suspended sentences and supervised probation. He was also ordered to register as a sex offender for 30 years.

On appeal, Tyson argued prosecutors failed to present sufficient evidence to support the sexual exploitation charge because the material he allegedly sought was never created or produced.

The Court of Appeals disagreed, finding that state law criminalizes the solicitation of material depicting a minor engaged in sexual activity and that prosecutors presented sufficient evidence for the charge to be considered by the jury.

In its decision, the court wrote that the State presented enough evidence for a reasonable jury to conclude Tyson knowingly solicited prohibited material and affirmed the trial court’s decision to deny his motion to dismiss.

The three-judge panel concluded Tyson received a fair trial free from error and upheld the conviction.