Age of Consent Questions for North Carolina

Q&A on statutory rape laws, age of consent laws, sexual assault laws for North Carolina. Ask your Question

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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.)

Satutory Rape

:: June 28, 2007 19:29

What if the boy is 17 and the women is 24 and she was a teacher assistant at another school and picking the boy up from his school buying gifts for sexual intercourse. A child was born and the boy is now a man mentally damaged it has been twelve years can he still prosecute her?

This would fall into a complex area of the law that would require legal advice. We can not give legal advice and would urge you to contact an attorney, or go directly to police and file a report. Filing a report with authorities is always the first step to opening an investigation. If this happened a number of years ago and there have been other young male victims, there is a remote possibility she has received more than one complaint already.

16 and 28 year olds dating

:: June 28, 2007 19:27

Is it okay for a 16 and a 28 year old to date?

This depends. If dating means sexual intercourse, there are two things that could make it illegal. 1. If the 28 year old is a teacher, health professional, or someone in an influential or employer type position over you, the 28 year old would be in violation of North Carolina criminal code, sexual offense laws. The age of consent changes to 18 years of age under these circumstances. 2. If the parents of the 16 year old minor do not approve of the relationship with the 28 year old, they are within their legal rights to take legal action against the 28 year old in order to prevent the relationship from continuing.

Statutory Rape

:: June 27, 2007 17:58

What if the boy is 16 and the women is a teacher assistant at another school 23 years old buying gifts for sexual intercourse and asking for oral favors, and it goes on for 2 years and a child is born? what is the limitation on a sex offense like this?

§ 15‑1. Statute of limitations for misdemeanors.
The crimes of deceit and malicious mischief, and the crime of petit larceny where the value of the property does not exceed five dollars ($5.00), and all misdemeanors except malicious misdemeanors, shall be presented or found by the grand jury within two years after the commission of the same, and not afterwards: Provided, that if any indictment found within that time shall be defective, so that no judgment can be given thereon, another prosecution may be instituted for the same offense, within one year after the first shall have been abandoned by the State. (1826, c. 11; R.C., c. 35, s. 8; Code, s. 1177; Rev., s. 3147; 1907, c. 408; C.S., s. 4512; 1943, c. 543.)
§ 1‑17. Statute of Limitations Civil Action "Disabilities" See #1 below
(a) A person entitled to commence an action who is under a disability at the time the cause of action accrued may bring his or her action within the time limited in this Subchapter, after the disability is removed, except in an action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents and services out of the real property, when the person must commence his or her action, or make the entry, within three years next after the removal of the disability, and at no time thereafter. For the purpose of this section, a person is under a disability if the person meets one or more of the following conditions: (1) The person is within the age of 18 years. (2) The person is insane. (3) The person is incompetent as defined in G.S. 35A‑1101(7) or (8). (a1) For those persons under a disability on January 1, 1976, as a result of being imprisoned on a criminal charge, or in execution under sentence for a criminal offense, the statute of limitations shall commence to run and no longer be tolled from January 1, 1976. Up to 3 years after the minor turns 18 (b) Notwithstanding the provisions of subsection (a) of this section, an action on behalf of a minor for malpractice arising out of the performance of or failure to perform professional services shall be commenced within the limitations of time specified in G.S. 1‑15(c), except that if those time limitations expire before the minor attains the full age of 19 years, the action may be brought before the minor attains the full age of 19 years. (C.C.P., ss. 27, 142; Code, ss. 148, 163; 1899, c. 78; Rev., s. 362; C.S., s. 407; 1971, c. 1231, s. 1; 1975, c. 252, ss. 1, 3; 1975, 2nd Sess., c. 977, s. 3; 1987, c. 798; 2001‑487, s. 1.)
Indecent Liberties with a Student [GS 14-202.4, Class I felony or A1 misdemeanor]
Indecent and lewd acts by a teacher, administrator, or coach with a student at the same school, when the perpetrator is 4 or more years older than the victim (Class I felony) or less than 4 years older (Class A1 misdemeanor).
§ 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.) I would strongly urge you seek advice from a private attorney or have a discussion with the District attorney in your area. We can not give legal advice.

North Carolina Statute of limitations

:: May 02, 2007 06:59

What is the statue of limitaions for charging someone of rape in north carolina? Does it matter if the victim was drugged into unconsciousness?

North Carolina is among several states that have no time limitations for prosecution of most sexual offenses against children. The time limitation to bring prosecution for a misdemeanor offense in North Carolina is two years. If a sexual offense is committed against a victim who is drugged or unconscious, the same laws apply. Below are 3 of several sexual offense statutes that may or may not apply to this type of situation. A prosecuting attorney would make a determination as to what laws were violated, by conducting an investigation. Any charges filed would be based on the findings of an investigation. § 14‑27.3. Second‑degree rape. (a)A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person: (1)By force and against the will of the other person; or (2)Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless. (b)Any person who commits the offense defined in this section is guilty of a Class C felony. (c)Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 5; 1981, cc. 63, 179; 1993, c. 539, s. 1130; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 2(b); 2004‑128, s. 8.) § 14‑27.5. Second‑degree sexual offense. (a)A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person: (1)By force and against the will of the other person; or (2)Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless. (b) Any person who commits the offense defined in this section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 2(c).) § 14‑27.5A. Sexual battery. (a)A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person: (1)By force and against the will of the other person; or (2)Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless. (b)Any person who commits the offense defined in this section is guilty of a Class A1 misdemeanor. (2003‑252, s. 2)

what if the girl is older

:: May 01, 2007 14:50

what if the girl is no more than 2 to 3 years older than the boy but he is still under age is that still statutory rape and could she get time in jail.

The statutory rape laws are no longer gender specific. They apply to either male or female in the same manner based on age and age difference between them.

North Carolina Sex Laws

:: April 24, 2007 21:05

If a boy 17 yrs of age, had sex with his girlfried who was 3 days away from her 15th birthday are there possible charges. This was a "consentual" yet stupid act. And what evidence would be neccessary to file charges.

There could be action taken through the juvenile justice system based on current state laws. Any action or penalty would be determined by a juvenile court judge. In the case of a pregnancy, a judge could rule that it be moved to adult court. aside from pregnancy, other evidence a judge might consider would be if they were "caught in the act" or someone witnessed the two of you together. Article 7A Rape and other Sexual offenses including Statutory Rape Note: Consent is no defense, although marriage is generally a defense. First Degree Rape [GS 14-27.2(1), Class B1 felony] Vaginal intercourse with victim under age 13 by defendant at least age 12 and 4 years older. First Degree Sexual Offense [GS 14-27.4(a)(1), Class B1 felony] Sexual acts (not vaginal intercourse) with victim under age 13 by defendant at least age 12 and 4 years older. Statutory Rape by 13, 14 or 15 year old [GS 14-27.7A, Class B1 or C felony] Vaginal intercourse or sexual act with 13, 14 or 15 year old by defendant 5 years older (Class C felony) or by defendant at least 6 years older (Class B1 felony). Indecent Liberties with a Child (adult perpetrator) [GS 14-202.1, Class F felony] Indecent and lewd acts with a child under age 16 by a defendant at least 5 years older. Intercourse and Sexual Offense with Certain Victims [GS14-27.7(a), Class E felony] Vaginal intercourse or sexual act by caretaker with a minor residing in the home, or by an agent of an institution or person having custody of a victim of any age. Indecent Liberties with a Child (juvenile perpetrator) [GS 14-202.2, Class 1 misdem.] Indecent and lewd acts by a defendant under age 16 with a victim at least 3 years younger than the defendant. Indecent Liberties with a Student [GS 14-202.4, Class I felony or A1 misdemeanor] Indecent and lewd acts by a teacher, administrator, or coach with a student at the same school, when the perpetrator is 4 or more years older than the victim (Class I felony) or less than 4 years older (Class A1 misdemeanor). Intercourse and Sexual Offense with Certain Victims (schools) [GS14-27.7(b)] Vaginal intercourse or sexual act by a teacher, administrator, or coach with a student at the same school, when the perpetrator is 4 or more years older than the victim (Class G felony) or less than 4 years older (Class A1 misdemeanor). Computer Solicitation of a Child [GS 14-202.3, Class I felony] Computer solicitation of a child for sexual purposes by a perpetrator at least 16 with a victim under age 16 and at least 3 years younger than the perpetrator. Other laws: Article 26 Offenses Against Public Morality and Decency Note: Consent is no defense. Crime Against Nature [GS 14-177, Class I felony] Oral sex, anal sex, sex with objects by unmarried persons, and bestiality. 5 Fornication and Adultery [GS 14-184, Class 2 misdemeanor] Unmarried persons who have engaged in “lewd and lascivious” association or cohabitation together, or by a married person with another not that person’s spouse. 6 Incest Between Near Relatives [GS 14-178, Class F felony] “Carnal” intercourse with grandparent, parent or sibling. Incest Between Uncle and Niece or Nephew and Aunt [GS 14-179, Class 1 misdem.] “Carnal” intercourse between uncle and niece or nephew and aunt. Opposite Sexes in Same Hotel Room [GS 14-186, Class 2 misdemeanor] Opposite sexes occupying the same bedroom at a hotel for immoral purposes; or falsely registering as husband and wife at a hotel.

age of consent

:: April 14, 2007 21:16

Can a 21 year old have sex with a 16 year old and not get in trouble even though the age of majority is 18 in nc (yet both parties are under the age of 24?

In North Carolina the age of consent is 16. The 21 year old would not be in violation of the statutory rape laws if persuing a sexual relationship with the 16 year old; however, until the minor turns 18, the parents have full legal authority over the minor and if the parents object to the relationship, there may have legal grounds to prevent the relationship from continuing. Some adult activities pursued by a 21 year old may not be legal for a minor. This puts the 21 year old at risk of an arrest for violations of other state laws.

Age of Consent vs Student/Teacher Sex Laws

:: October 18, 2006 23:32

Why is it that a 16year old girl can legally have sex with anyone over the age of 18 according to North Carolina State consent laws, but the age of consent does not matter when the man is a teacher? Why is he the only one prosecuted when the girl is legally "of age" with regards to making her own sexual decisions, and is not held responsible for her actions when SHE instigates the relationship?

The interpretation you gave of the law in North Carolina is not entirely accurate but is really not the point. Public and private school teachers are adults in our communities who are in a significant position of influence, authority, and trust with kids. This places them in a category where exploitation could be a major factor and accountability is, and should be, VERY HIGH. Good judgment from the "Adult" teacher in our classrooms is demanded by our communities and our courts. No judge should look favorably on any adult teachers who violates that trust under any circumstance. If all teachers followed their urges with classroom crushes, we'd have no educational system and a lot of uneducated kids. Public officials, Clergyman, Legal professionals, Medical professionals and teachers are all in chosen professions that are held to a higher standard under the law for very good reason. Teachers are at school to "Teach" NOT "Touch". If parents and communities can't trust "adult" educators to demonstrate "adult" behavior and good judgment around the raging hormones of there teenage children in the classroom and outside it, we've got a very serious problem.

Statutory Rape

:: October 17, 2006 16:06

If there is a girl who is 14 and she had sex with a male who is 23, is that statutory rape? Once she turns 16, and they still have sex, would that still be statutory rape? How long could the guy go to jail?

Yes, this is statutory rape. He could still be charged with statutory rape even after she turns 18 if she files charges. Jail time depends on many factors and is ultimately up to the judge. The law is below. § 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.) Sentences can range from 0-339 months depending on several factors.

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