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Age of Consent Questions for North Carolina

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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.

do my parents have any legal rights after I turn 18?

:: July 02, 2007 12:53

My parents have told me that my boyfriend could go to jail for our having sex. I live in North Carolina and the act took place in North Carolina. My boyfriend was 21 and I was 17. They have told me they have talked with people and they would be able to put him in jail, possibly even after I turn 18, is this true? Thank you!

When you turn 18, you are legally an adult. Unless a court ruling states otherwise, your parents "legal" obligation to maintain control and protect the welfare of the child ends at the age of 18. Any illegal activity after the age of 18 is dealt with through the adult court system. The legal age of consent to have sexual contact in North Carolina is 16. The laws are outlined below. If a 17 year old consents to have sexual contact with a 19 year old in North Carolina, the 19 year old would NOT be in violation of the statutory rape law. If your parents know of cause to have him arrested, it must be for a different violation. I have outlined a few other laws that might be relevant. There are more. Please read them carefully. When reading the laws, where the "age" is not referred to directly, (like "16 years of age") the term "minor" or "minor child" is defined as anyone under the age of 18.

§ 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.
(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.)
§ 14‑186. 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).)
§ 14‑190.14. Displaying material harmful to minors.
(a) Offense. – A person commits the offense of displaying material that is harmful to minors if, having custody, control, or supervision of a commercial establishment and knowing the character or content of the material, he displays material that is harmful to minors at that establishment so that it is open to view by minors as part of the invited general public. Material is not considered displayed under this section if the material is placed behind "blinder racks" that cover the lower two thirds of the material, is wrapped, is placed behind the counter, or is otherwise covered or located so that the portion that is harmful to minors is not open to the view of minors. (b) Punishment. – Violation of this section is a Class 2 misdemeanor. Each day's violation of this section is a separate offense. (1985, c. 703, s. 9; 1993, c. 539, s. 125; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 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 F felony. (1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 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, or a person the defendant believes to be a child who is less than 16 years of age and who the defendant believes to be 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. Consent is not a defense to a charge under this section. (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 H felony. (1995 (Reg. Sess., 1996), c. 632, s. 1; 2005‑121, s. 1.)

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