Sex Crimes

Misdemeanor Sex Offenses

There is one sex-related criminal offense under North Carolina law that is classified as a misdemeanor, which is sexual battery.  The law on sexual battery is as follows:

• § 14-27.33. 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 has a mental disability or who is mentally incapacitated or physically
      helpless, and the person performing the act knows or should reasonably know
      that the other person has a mental disability or is mentally incapacitated or
      physically helpless.
  • (b) Any person who commits the offense defined in this section is guilty of a Class A1 misdemeanor.

The law on sexual battery is defined broadly under North Carolina law, and can encompass conduct ranging from grabbing someone’s buttocks or breast through clothing to touching another with one’s own genitals.  While classified as a misdemeanor, a conviction for sexual battery requires registration on the sex offender registry for a period of up to 30 years.

Felony  Sex Offenses

First-Degree Forcible Rape

First-Degree Forcible Rape specifically involves forced vaginal intercourse with the use or threat of a weapon, a serious injury, or with the aid of another person.  First-degree rape is a B1 felony and can carry up to life in prison and mandatory sex offender registration.  It is codified as follows:

• 14-27.21. First-degree forcible rape.
  • (a)       A person is guilty of first-degree forcible rape if the person engages in vaginal intercourse with another person by force and against the will of the other person, and does any of the following:
    • (1)      Uses, threatens to use, or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon.
    • (2)      Inflicts serious personal injury upon the victim or another person.
    • (3)      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.
  • (c)       Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of 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.

Second-Degree Forcible Rape

• 14-27.22. Second-degree forcible rape.
  • (a)       A person is guilty of second-degree forcible rape if the person engages in vaginal intercourse with another person:
    • (1)      By force and against the will of the other person; or
    • (2)      Who has a  mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should reasonably know the other person has a mental disability or is 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 does the person have any rights related to the child under Chapter 48 of the General Statutes or Subchapter I of Chapter 7B of the General Statutes.

Statutory Rape of a Child by an Adult

The specific charge of Statutory Rape of a Child by an Adult is restricted to vaginal intercourse between an individual at least 18 years old and an individual under the age of 13 at the time of the act.  Statutory rape of a child by an adult is in a class of B1 felonies that carries a mandatory minimum sentence of 300 months (25 years), which overrides the state sentencing guidelines for certain B1 offenses.  This offense is codified as follows:

• 14-27.23. Statutory rape of a child by an adult.
  • (a)       A person is guilty of statutory rape of a child by an adult if the person is at least 18 years of age and engages in vaginal intercourse 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)      Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of 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.
  • (e)       The offense under G.S. 14-27.24 is a lesser included offense of the offense in this section.

First Degree Statutory Rape

First Degree Statutory Rape is also a B1 felony but does not carry the mandatory minimum 25-year sentence that Statutory Rape of a Child by an Adult carries.  The distinction between this charge and the more serious version is that First Degree Statutory Rape requires a victim under the age of 13 and a defendant who is 1) at least 12 years old and 2) at least four years older than the alleged victim.  For example, under this law, a 17 year old could be charged with a felony for a consensual act with a 13 year old.

• 14-27.24. First-degree statutory rape.
  • (a)       A person is guilty of first-degree statutory rape if the person engages in vaginal intercourse 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.
  • (b)      Any person who commits an offense defined in this section is guilty of a Class B1 felony.
  • (c)       Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of 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.

Statutory Rape of a Person who is 15 Years of Age or Younger

Statutory Rape of a Person Who is 15 Years of Age or Younger is another variation of North Carolina’s statutory rape laws, where the younger individual is 15 or younger and the accused is 1) at least 12 years old and 2) at least four years older than the alleged victim.  If the accused is more than 4 but less than 6 years older than the alleged victim, it is classified as a Class C felony.  If the accused is more than 6 years older, then the conduct is classified as a B1 felony.  Under this statute, a 19 year old could be charged with a Class C felony for a consensual act with a 15-year-old.  The law is codified as follows:

• 14-27.25. Statutory rape of a person who is 15 years of age or younger.
  • (a)       A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse with another person who is 15 years of age or younger and the defendant is at least 12 years old and at least six years older than the person, except when the defendant is lawfully married to the person.
  • (b)      Unless the conduct is covered under some other provision of law providing greater punishment, a defendant is guilty of a Class C felony if the defendant engages in vaginal  intercourse  with  another  person  who is  15  years of age or younger and the defendant is at least 12 years old and more than four but less than six years older than the person, except when the defendant is lawfully married to the person.

• 14-27.28. Statutory sexual offense with a child by an adult.
  • (a)       A  person is guilty of statutory sexual offense with a child by an adult 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. 14-27.29 is a lesser included offense of the offense in this section.

First-Degree Statutory Sexual Offense

First-Degree Statutory Sexual Offense makes it a crime for an individual who is 1) at least 12 years old and 2) at least four years older than an alleged victim, where the alleged victim is under the age of 13 at the time of the conduct.  This offense covers any sexual act, not including vaginal intercourse, as defined under NC law.

• 14-27.29. First-degree statutory sexual offense.
  • (a)       A person is guilty of first-degree statutory sexual offense if the person engages in a sexual act 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.
  • (b)      Any person who commits an offense defined in this section is guilty of a Class B1 felony.

Statutory Sexual Offense of a Person who is 15 Years of Age or Younger

This statute makes it a B1 felony for any individual who is at least 6 years older than an alleged victim to engage in a sex act with an individual who is 15 years old or younger.  It is a Class C felony if the accused is more than 4 but less than 6 years older than the alleged victim.  This statute criminalizes any consensual sexual contact between, for example, a 19-year-old and a 15-year-old, as long as the birthdays are more than 4 years apart.

• 14-27.30. Statutory sexual offense with a person who is 15 years of age or younger.
  • (a)       A defendant is guilty of a Class B1 felony if the defendant engages in a sexual act with another person who is 15 years of age or younger and the defendant is at least 12 years old and at least six years older than the person, except when the defendant is lawfully married to the person.
  • (b)      Unless the conduct is covered under some other provision of law providing greater punishment, a defendant is guilty of a Class C felony if the defendant engages in a sexual act with another person who is 15 years of age or younger and the defendant is at least 12 years old and more than four but less than six years older than the person, except when the defendant is lawfully married to the person.

This section of the North Carolina code criminalizes any sexual contact between any school personnel and any student.  This crime is classified as a Class I felony if the school employee is less than 4 years older than the student, and a Class G felony if there are four or more years between the parties.

• 14-27.32. Sexual activity 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 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.
  • (b)      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 I felony.
  • (c)       This section shall apply unless the conduct is covered under some other provision of law providing for greater punishment.
  • (d)      Consent is not a defense to a charge under this section.
  • (e)       For purposes of this section,  the terms  “school”,  “school personnel”,  and “student” shall have the same meaning as in G.S. 14-202.4(d). For purposes of this section, 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.