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As written, the law only to applies to "vaginal intercourse," and therefore presumably only to heterosexual sexual acts. However, differentiating between homosexual and heterosexual conduct is decidedly unconstitutional. Thus, it can be assumed that the same rules apply to same-sex couples as they do to opposite sex couples. This is particularly the case in a state with such broad close-in-age provisions.
Dating age laws in north carolina
Having sex with a minor in violation of age of consent laws is considered a strict liability offense, so it does not matter if someone had a good-faith, mistaken belief , or even if they were lied to. If you believe you have violated North Carolina's age of consent law, you should speak to a criminal defense lawyer immediately.
Prosecution for these sort of crimes carries very serious criminal and civil penalties. A North Carolina criminal defense attorney can help you understand the law, explain your rights, and represent you in the event of prosecution.
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Please select a city from the list and choose a category. Please enter a valid zip code or city. Please select a city from the list. Statutory sexual offense with a person who is 15 years old or younger includes oral or anal intercourse or penetration with an object or body part other than the penis, between:. This offense is a Class E felony. Indecent liberties between children includes sexual behavior between minors for the purpose of arousing or gratifying sexual desire, when the defendant is younger than 16 but three or more years older than the victim.
The offense is a Class 1 misdemeanor. Taking indecent liberties with children includes sexual behavior for the purpose of arousing or gratifying sexual desire between a child and a defendant who is 16 years of age or older and at least five years older than the victim. The offense is a Class F felony. Penalties can include fines, jail or prison time, or both.How Young is Too Young? Legal Age of Consent In South Korea
In North Carolina, it is also a crime to engage in vaginal intercourse, oral or anal sex, or penetration with an object or body part other than the penis, with a student if the defendant is a:. For example, an assistant coach who engages in sexual activity with a student could be convicted of the crime of sexual activity with a student.
If the defendant is four or more years older than the student, the crime is a Class G felony; if the defendant is less than four years older than the student, the crime is a Class I felony. State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including certain instances of statutory rape must register as sex offenders. North Carolina has a marital exemption for some statutory rape crimes.
Minors are legally incapable of giving consent to having sex; so for example, if Jen, who is 15 years old, willingly has sex with Tony, her year-old boyfriend, Tony can be charged with statutory rape, since Jen is not legally capable of giving consent in the first place.
North Carolina Statutory Rape Laws
But if Jen and Tony are married and living in North Carolina, Tony need not fear criminal charges for having consensual sex with Jen. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. In North Carolina, there is a Romeo and Juliet exemption for consensual sex between a minor of any age and someone who is at least 12 years old and no more than four years older than the minor.
For example, a year-old who has consensual sex with a year-old cannot be criminally prosecuted in North Carolina. Statutory rape charges typically become more serious the younger the victim and the older the defendant. For instance, vaginal intercourse with a child younger than 13 and an adult who is 18 or older is always a felony, and a conviction can result in at least 25 years' imprisonment.
A Brief Overview of Statutory Rape
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it.
But even if this is true, a defendant cannot rely on a mistake of age —even a reasonable one—to avoid conviction in North Carolina.
As in most states, mistake of age is not a defense in North Carolina. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
Laws can change over time, and numerous defenses may apply to statutory rape charges.
A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours.
Statutes governing North Carolina's age of consent, associated criminal charges, available defenses, and penalties for conviction.