Age of Consent Questions for North Carolina

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Is this Illegal? North Carolina Statutory Rape Laws

:: October 12, 2009 09:00

I have a friend that has recently started dating a 17 year old. She herself is 26. We have looked at all the laws in North Carolina - NC about the age of consent but some are confusing. Can anyone clear this up. Is it illegal or legal. Thanks

Legality depends on the actions taken and the type of relationship formed prior to the act. For example, if the 26 year old is a guardian or parental figure, teacher, a coach or the like and the 17 year old a student, different laws (other than statutory rape) may apply. When a person reaches the age of 16 in North Carolina, they can no longer be a victim of statutory rape. The age of consent is 16. There are other laws regarding other types of sexual acts and dissemination of sexually graphic material that apply to minors under the age of 18. The laws on Statutory Rape and other sexual or immoral offenses are outlined below.

North Carolina Statutory Rape Laws

§ 14‑27.7A. Statutory rape or sexual offense of person who is 13, 14, or 15 years old. (a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person. (b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person. (1995, c. 281, s. 1.) § 14‑27.7. Intercourse and sexual offenses with certain victims; consent no defense. (a) If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class E felony. Consent is not a defense to a charge under this section. (b) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel, and who is at least four years older than the victim engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student, the defendant is guilty of a Class G felony, except when the defendant is lawfully married to the student. The term "same school" means a school at which the student is enrolled and the defendant is employed, assigned, or volunteers. A defendant who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and is less than four years older than the victim and engages in vaginal intercourse or a sexual act with a victim who is a student, is guilty of a Class A1 misdemeanor. This subsection shall apply unless the conduct is covered under some other provision of law providing for greater punishment. Consent is not a defense to a charge under this section. For purposes of this subsection, the terms "school", "school personnel", and "student" shall have the same meaning as in G.S. 14‑202.4(d). For purposes of this subsection, the term "school safety officer" shall include a school resource officer or any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 9; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1132; 1994, Ex. Sess., c. 24, s. 14(c); 1999‑300, s. 2; 2003‑98, s. 1.) § 14‑27.4A. Sexual offense with a child; adult offender. (a) A person is guilty of sexual offense with a child if the person is at least 18 years of age and engages in a sexual act with a victim who is a child under the age of 13 years. (b) A person convicted of violating this section is guilty of a Class B1 felony and shall be sentenced pursuant to Article 81B of Chapter 15A of the General Statutes, except that in no case shall the person receive an active punishment of less than 300 months, and except as provided in subsection (c) of this section. Following the termination of active punishment, the person shall be enrolled in satellite‑based monitoring for life pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes. (c) Notwithstanding the provisions of Article 81B of Chapter 15A of the General Statutes, the court may sentence the defendant to active punishment for a term of months greater than that authorized pursuant to G.S. 15A‑1340.17, up to and including life imprisonment without parole, if the court finds that the nature of the offense and the harm inflicted are of such brutality, duration, severity, degree, or scope beyond that normally committed in such crimes, or considered in basic aggravation of these crimes, so as to require a sentence to active punishment in excess of that authorized pursuant to G.S. 15A‑1340.17. If the court sentences the defendant pursuant to this subsection, it shall make findings of fact supporting its decision, to include matters it considered as egregious aggravation. Egregious aggravation can include further consideration of existing aggravating factors where the conduct of the defendant falls outside the heartland of cases even the aggravating factors were designed to cover. Egregious aggravation may also be considered based on the extraordinarily young age of the victim, or the depraved torture or mutilation of the victim, or extraordinary physical pain inflicted on the victim. (d) The offense under G.S. 14‑27.4(a)(1) is a lesser included offense of the offense in this section. (2008‑117, s. 2.)

North Carolina Offenses against Public Morality and Decency

§ 14‑202.1. Taking indecent liberties with children. (a) A person is guilty of taking indecent liberties with children if, being 16 years of age or more and at least five years older than the child in question, he either: (1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire; or (2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years. (b) Taking indecent liberties with children is punishable as a Class F felony. (1955, c. 764; 1975, c. 779; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1201; 1994, Ex. Sess., c. 24, s. 14(c).) § 14‑202.2. Indecent liberties between children. (a) A person who is under the age of 16 years is guilty of taking indecent liberties with children if the person either: (1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire; or (2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire. (b) A violation of this section is punishable as a Class 1 misdemeanor. (1995, c. 494, s. 1; 1995 (Reg. Sess., 1996), c. 742, s. 12.) § 14‑190.13. Definitions for certain offenses concerning minors. The following definitions apply to G.S. 14‑190.14, displaying material harmful to minors; G.S. 14‑190.15, disseminating or exhibiting to minors harmful material or performances; G.S. 14‑190.16, first degree sexual exploitation of a minor; G.S. 14‑190.17, second degree sexual exploitation of a minor; G.S. 14‑190.17A, third degree sexual exploitation of a minor; G.S. 14‑190.18, promoting prostitution of a minor; G.S. 14‑190.19, participating in prostitution of a minor. (1) Harmful to Minors. – That quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics: a. The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and b. The average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and c. The material or performance lacks serious literary, artistic, political, or scientific value for minors. (2) Material. – Pictures, drawings, video recordings, films or other visual depictions or representations but not material consisting entirely of written words. (3) Minor. – An individual who is less than 18 years old and is not married or judicially emancipated. (4) Prostitution. – Engaging or offering to engage in sexual activity with or for another in exchange for anything of value. (5) Sexual Activity. – Any of the following acts: a. Masturbation, whether done alone or with another human or an animal. b. Vaginal, anal, or oral intercourse, whether done with another human or with an animal. c. Touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female. d. An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a person clad in undergarments or in revealing or bizarre costume. e. Excretory functions; provided, however, that this sub‑subdivision shall not apply to G.S. 14‑190.17A. f. The insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure. g. The lascivious exhibition of the genitals or pubic area of any person. (6) Sexually Explicit Nudity. – The showing of: a. Uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast, except as provided in G.S. 14‑190.9(b); or b. Covered human male genitals in a discernibly turgid state. (1985, c. 703, s. 9; 1989 (Reg. Sess., 1990), c. 1022, s. 2; 1993, c. 301, s. 2; 2008‑218, s. 1.) § 14‑190.16. First degree sexual exploitation of a minor. (a) Offense. – A person commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he: (1) Uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or (2) Permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or (3) Transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or (4) Records, photographs, films, develops, or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged 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 C felony. (1985, c. 703, s. 9; 1993, c. 539, s. 1196; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 507, s. 19.5(o); 2008‑117, s. 3; 2008‑218, s. 2.) § 14‑190.17. Second degree sexual exploitation of a minor. (a) Offense. – A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he: (1) Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity; or (2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged 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 E felony. (1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. Sess., c. 24, s. 14(c); 2008‑117, s. 4; 2008‑218, s. 3.) § 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.) § 14‑186. Opposite sexes occupying same bedroom at hotel for immoral purposes; falsely registering as husband and wife. Any man and woman found occupying the same bedroom in any hotel, public inn or boardinghouse for any immoral purpose, or any man and woman falsely registering as, or otherwise representing themselves to be, husband and wife in any hotel, public inn or boardinghouse, shall be deemed guilty of a Class 2 misdemeanor. (1917, c. 158, s. 2; C.S., s. 4345; 1969, c. 1224, s. 3; 1993, c. 539, s. 120; 1994, Ex. Sess., c. 24, s. 14(c).) § 14‑184. Fornication and adultery. If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other. (1805, c. 684, P.R.; R.C., c. 34, s. 45; Code, s. 1041; Rev., s. 3350; C.S., s. 4343; 1969, c. 1224, s. 9; 1993, c. 539, s. 119; 1994, Ex. Sess., c. 24, s. 14(c).) § 14‑190.1. Obscene literature and exhibitions. (a) It shall be unlawful for any person, firm or corporation to intentionally disseminate obscenity. A person, firm or corporation disseminates obscenity within the meaning of this Article if he or it: (1) Sells, delivers or provides or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or (2) Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or (3) Publishes, exhibits or otherwise makes available anything obscene; or (4) Exhibits, presents, rents, sells, delivers or provides; or offers or agrees to exhibit, present, rent or to provide: any obscene still or motion picture, film, filmstrip, or projection slide, or sound recording, sound tape, or sound track, or any matter or material of whatever form which is a representation, embodiment, performance, or publication of the obscene. (b) For purposes of this Article any material is obscene if: (1) The material depicts or describes in a patently offensive way sexual conduct specifically defined by subsection (c) of this section; and (2) The average person applying contemporary community standards relating to the depiction or description of sexual matters would find that the material taken as a whole appeals to the prurient interest in sex; and (3) The material lacks serious literary, artistic, political, or scientific value; and (4) The material as used is not protected or privileged under the Constitution of the United States or the Constitution of North Carolina. (c) As used in this Article, "sexual conduct" means: (1) Vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted; or (2) Masturbation, excretory functions, or lewd exhibition of uncovered genitals; or (3) An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a nude person or a person clad in undergarments or in revealing or bizarre costume. (d) Obscenity shall be judged with reference to ordinary adults except that it shall be judged with reference to children or other especially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be especially designed for or directed to such children or audiences. (e) It shall be unlawful for any person, firm or corporation to knowingly and intentionally create, buy, procure or possess obscene material with the purpose and intent of disseminating it unlawfully. (f) It shall be unlawful for a person, firm or corporation to advertise or otherwise promote the sale of material represented or held out by said person, firm or corporation as obscene. (g) Violation of this section is a Class I felony. (h) Obscene material disseminated, procured, or promoted in violation of this section is contraband. (i) Nothing in this section shall be deemed to preempt local government regulation of the location or operation of sexually oriented businesses to the extent consistent with the constitutional protection afforded free speech. (1971, c. 405, s. 1; 1973, c. 1434, s. 1; 1985, c. 703, s. 1; 1993, c. 539, s. 1194; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑46, s. 2.)

North Carolina Medical professional and a 17 year old

:: August 08, 2008 05:39

My 28 year old medical professional friend was invited by a 17 year old co-worker to her apartment and they had sex. The 17 year old girl knows that my friend has a girlfriend. The girl told my friend that he won't get in trouble w/ the law because she's already 17. Is this right?

The age of consent in North Carolina is 16. We found no statute under North Carolina Criminal code Artcle 7A Rape and other Sex Offenses or under Article 26 - Public Morality and Decency statutes that would prohibit a 28 year old medical professional from having sexual intercourse with a 17 year old co-worker. It does not appear to be a criminal act; however, depending on the 28 year old's professional field, position, or the employer, there may be ethical or internal professional policies against this. Criminal statutes are below:

North Carolina Statutory Rape law:

§ 14‑27.7A. Statutory rape or sexual offense of person who is 13, 14, or 15 years old.

(a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person. (b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person. (1995, c. 281, s. 1.)

North Carolina Offenses against Public Morality and Decency

Article 26 § 14‑184. Fornication and adultery.

If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other. (1805, c. 684, P.R.; R.C., c. 34, s. 45; Code, s. 1041; Rev., s. 3350; C.S., s. 4343; 1969, c. 1224, s. 9; 1993, c. 539, s. 119; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 14‑202.1. Taking indecent liberties with children.

(a) A person is guilty of taking indecent liberties with children if, being 16 years of age or more and at least five years older than the child in question, he either: (1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire; or (2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years. (b) Taking indecent liberties with children is punishable as a Class F felony. (1955, c. 764; 1975, c. 779; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1201; 1994, Ex. Sess., c. 24, s. 14(c).)

North Carolina Sex Between Teachers and Students

§ 14‑27.7. Intercourse and sexual offenses with certain victims; consent no defense.

(a) If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class E felony. Consent is not a defense to a charge under this section. (b) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel, and who is at least four years older than the victim engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student, the defendant is guilty of a Class G felony, except when the defendant is lawfully married to the student. The term "same school" means a school at which the student is enrolled and the defendant is employed, assigned, or volunteers. A defendant who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and is less than four years older than the victim and engages in vaginal intercourse or a sexual act with a victim who is a student, is guilty of a Class A1 misdemeanor. This subsection shall apply unless the conduct is covered under some other provision of law providing for greater punishment. Consent is not a defense to a charge under this section. For purposes of this subsection, the terms "school", "school personnel", and "student" shall have the same meaning as in G.S. 14‑202.4(d). For purposes of this subsection, the term "school safety officer" shall include a school resource officer or any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 9; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1132; 1994, Ex. Sess., c. 24, s. 14(c); 1999‑300, s. 2; 2003‑98, s. 1.)

§ 14‑202.4. Taking indecent liberties with a student.

(a) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel and is at least four years older than the victim, takes indecent liberties with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school but before the victim ceases to be a student, the defendant is guilty of a Class I felony, unless the conduct is covered under some other provision of law providing for greater punishment. A person is not guilty of taking indecent liberties with a student if the person is lawfully married to the student. (b) If a defendant, who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and who is less than four years older than the victim, takes indecent liberties with a student as provided in subsection (a) of this section, the defendant is guilty of a Class A1 misdemeanor. (c) Consent is not a defense to a charge under this section. (d) For purposes of this section, the following definitions apply: (1) "Indecent liberties" means: a. Willfully taking or attempting to take any immoral, improper, or indecent liberties with a student for the purpose of arousing or gratifying sexual desire; or b. Willfully committing or attempting to commit any lewd or lascivious act upon or with the body or any part or member of the body of a student. For purposes of this section, the term indecent liberties does not include vaginal intercourse or a sexual act as defined by G.S. 14‑27.1. (1a) "Same school" means a school at which (i) the student is enrolled or is present for a school‑sponsored or school‑related activity and (ii) the school personnel is employed, volunteers, or is present for a school‑sponsored or school‑related activity. (2) "School" means any public school, charter school, or nonpublic school under Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes. (3) "School personnel" means any person included in the definition contained in G.S. 115C‑332(a)(2), and any person who volunteers at a school or a school‑sponsored activity. (3a) "School safety officer" means any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools and includes a school resource officer. (4) "Student" means a person enrolled in kindergarten, or in grade one through grade 12 in any school. (1999‑300, s. 1; 2003‑98, s. 2; 2004‑203, s. 19(a).)

What can happen to my 16 year old son?

:: March 13, 2008 06:11

I have a 16 yr old son that is dating a girl that has told him she was 14. When i spoke with her grandmother she stated that she was 12, the girl denies this and sticks with the age of 14. When i spoke with this lady she stated that "these 12 yr olds dont need to be dating at all" so this leads me to believe that this girl has lied to her family about my sons age as well what kind of trouble can my son get into for her childish acts? Even if ahe is 14 yrs old it is still illegal in the state of NC for them to be together and having any kind of sexual contact right?

The age a person can no longer be a "victim" of statutory rape is 16. At 16, your son may consent to sexual activity with someone his own age or older without violating North Carolina Criminal laws; however, he can NOT "legally" engage in sexual contact with anyone younger than 16 years of age. At 12, 13, 14, or 15 year old, a person is legally incapable of consenting to sexual contact. Sexual contact would be considered non-consensual whether they say yes or not. A different, more serious set of laws apply if the girl is 12 (one of those laws is below). If your son is having sexual contact with this girl whether she is 12 or 14, he is in violation of North Carolina state laws and unless he is an emancipated minor, both he and his parents are at risk for legal troubles and more. § 14‑27.4. First‑degree sexual offense. (a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act: (1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or (2) With another person by force and against the will of the other person, and: a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or b. Inflicts serious personal injury upon the victim or another person; or c. The person commits the offense aided and abetted by one or more other persons. (b) Any person who commits an offense defined in this section is guilty of a Class B1 felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 6; 1981, c. 106, ss. 3, 4; 1983, c. 175, ss. 5, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 3.)

Male Stripper for all female party

:: February 17, 2008 19:47

Is it ok for women over age 18 to see a male stripper? Should I check everyones ID? The leader says everyone is over age 19.

The age of majority in North Carolina is 18. This is the age at which a person is legally considered an adult. There should be no legal issues for anyone 18 or older to see a male stripper. There could be legal concerns if minors are present. It may be safe to assume that a majority of parents might object to their minor child being present at a male strip show.

16 and 20 yrs old.. do we have to have parents agreement?

:: February 13, 2008 17:54

My friend is 16 years old and his girlfriend is 20 years old? Can the girl get in trouble for having sex with the 16 year old? And do they have to have their parents approvement? What is the age different law in the state of North Carolina?

In North Carolina, a person can no longer be a victim of statutory rape at 16 years of age; however, at 16 you are not legally an adult and you are still under the care and control of your parents. If your parents object to the relationship, they are within their rights to take legal action to prevent it. Some do, some don't. This would require a judgement call on your part. As a minor, your parents have legal responsibilty for your safety, welfare and control. [1]The Constitution gives "heightened protection to a parent's right to direct a child's upbringing." "As the Ninth Circuit stated in Calabretta v Floyd (1999)" "the government interests in the welfare of children embraces not only protecting children from physical abuse, but also protecting children's interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents." [1]Source: Findings: Parental Rights by Brooke Everley.

16-year-old female raped by a 23 year-old-male

:: November 10, 2007 13:11

A 16-year-old female was raped by her 23-year-old manager at her job & it's been 7 years since it's happened. She's just now decided that she's strong enough to press charges. Can anything be done? Is it too late? What would happen to him if he's found guilty? Can the male say that is was consent since the legal age of consent was 16?? What's the first thing that the female needs to do??

What's the first thing that the female needs to do?? The first step is to file a report with the police or go directly through the District Attorney's office. Sometimes the DA will require a police report first. Generally, no crime can be investigated until an official report is filed with police. What would happen to him if he's found guilty? This would depend on what crime he is ultimately convicted of. If found guilty of rape, he may serve time in prison and face monetary penalties. Can the male say that it was consent since the legal age of consent was 16?? Yes, he could say anything in his own defense. This is something the victim should discuss with the prosecutors office or with a private attorney. Can anything be done? Is it too late? We could not find a conclusive answer on this. For statute of limitations on "felony" crimes, please consult the District Attorney or North Carolina Legislature directly; it is not clear from our research what limitation standards have been set in the North Carolina courts as these laws appear to be going through a repeal process at this time. Misdemeanor crimes: Criminal Prosecutions Citation: Gen. Stat. § 15-1 The statute of limitations for all misdemeanors except malicious misdemeanors is a period within 2 years after commission of the offense.

Penalty

:: October 18, 2007 09:39

If a 14 yr old is being charged with indecent liberties between children what is the penalty?

When a minor violates the laws, there is no way to know what penalties will come from it unless you are a part of the investigation or the case and you are allowed in the court room during the hearings and proceedings; or, the judge recommends the case to be heard in adult court. Juvenile cases are sealed from the public. Juveniles are not dealt with in the same manner as adults. A family court judge may work with the family, case workers, mental health professionals, medical professionals, and corrections officials for the purpose of "rehabilitation" rather than straight punishment by incarceration. It really depends on the situation, the crimes, the history, and the circumstances.

Im 15 dating a 20 year old

:: August 21, 2007 13:01

Im 15 almost 16 in a few months My boyfriend is 20 Can he get in trouble for this?? What if we have sex?

The legal age of consent in North Carolina is 16 years of age. Your 20 year old boyfriend could be charged criminally if he engages in sexual conduct with any minor under the age of 16.

North Carolina statutory rape laws

:: August 08, 2007 16:11

what defines statutory rape? I am a parent with a 15 year old male visiting. He is trying to find a girl friend, but keeps coming up with girls over 16. I keep telling him that could lead to problems. Now all the kids around are saying that in NC it would be legal for him to have sex with anyone within 4 years of his age Is that true?

The North Carolina law/definition for "statutory rape" is below. This law may not apply to the 15 year old's immediate situation, but there are plenty more laws that could. Basically, in North Carolina, if you are under the age of 16 and engaged in sexual contact, someone is in violation of the law and can be arrested and charged with a crime. Juveniles are not ammune to prosecution under these laws. There are a few laws outlined below, but there are even more to consider under the juvenile and family code. Visit North Carolina General Assembly for all North Carolina Statutes

§ 14‑27.7A. Statutory rape or sexual offense of person who is 13, 14, or 15 years old.
(a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person. (b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person. (1995, c. 281, s. 1.)
§ 14‑202.1. Taking indecent liberties with children.
(a) A person is guilty of taking indecent liberties with children if, being 16 years of age or more and at least five years older than the child in question, he either: (1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire; or (2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years. (b) Taking indecent liberties with children is punishable as a Class F felony.
§ 14‑202.2. Indecent liberties between children.
(a) A person who is under the age of 16 years is guilty of taking indecent liberties with children if the person either: (1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire; or (2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire. (b) A violation of this section is punishable as a Class 1 misdemeanor.
§ 14‑202.3. Solicitation of child by computer to commit an unlawful sex act.
(a) Offense. – A person is guilty of solicitation of a child by a computer if the person is 16 years of age or older and the person knowingly, with the intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands, by means of a computer, a child who is less than 16 years of age and at least 3 years younger than the defendant, to meet with the defendant or any other person for the purpose of committing an unlawful sex act. (b) Jurisdiction. – The offense is committed in the State for purposes of determining jurisdiction, if the transmission that constitutes the offense either originates in the State or is received in the State. (c) Punishment. – A violation of this section is a Class I felony.
§ 14‑27.4. First‑degree sexual offense.
(a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act: (1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or (2) With another person by force and against the will of the other person, and: a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or b. Inflicts serious personal injury upon the victim or another person; or c. The person commits the offense aided and abetted by one or more other persons. (b) Any person who commits an offense defined in this section is guilty of a Class B1 felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 6; 1981, c. 106, ss. 3, 4; 1983, c. 175, ss. 5, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 3.)
§ 14‑27.9. No presumption as to incapacity.
In prosecutions under this Article, there shall be no presumption that any person under the age of 14 years is physically incapable of committing a sex offense of any degree or physically incapable of committing rape, or that a male child under the age of 14 years is incapable of engaging in sexual intercourse. (1979, c. 682, s. 1.)
§ 7B‑3400. Juvenile under 18 subject to parents' control.
Notwithstanding any other provision of law, any juvenile under 18 years of age, except as provided in G.S. 7B‑3402 and G.S. 7B‑3403, shall be subject to the supervision and control of the juvenile's parents. (1969, c. 1080, s. 1; 1998‑202, s. 6.)
§ 7B‑3402. Exceptions.
This Article shall not apply to any juvenile under the age of 18 who is married or who is serving in the armed forces of the United States, or who has been emancipated. (1969, c. 1080, s. 2; 1998‑202, s. 6.)

Help please

:: July 10, 2007 00:11

I have a friend that is 18 and going out with a 17 year old. And my friend may be pregnant. And the boy just turned 17. Can she get in troble in anyway for sleeping with him? And if his parents dont care would she get into any kind of troble?

The age of consent in North Carolina is 16, so it's not likely a prosecutor would have cause to file any criminal sex offense charges against the 18 year old.

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