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serious injury, or (c) aided by others. Note: if the victim is male, it falls under forcible sexual
offense.
2. Vaginal intercourse with a victim who the perpetrator knows is mentally disable, mentally
incapacitated or physically helpless (no force or lack of consent required).
Note: if the victim is male, it falls under forcible sexual offense.
(b) inflicting serious injury, or (c) aided by others.
2. Sexual acts (not vaginal intercourse) with a victim who the perpetrator knows is mentally
disabled, mentally incapacitated or physically helpless (no force or lack of consent required).
4 years older than the victim.
and is 4 years older than the victim.
older (Class C felony) or 6 years older (Class B1 felony) than the victim.
Sexual act (not vaginal intercourse) with a 13, 14, or 15 year old by a defendant who is 5 years
older (Class C felony) or 6 years older (Class B1 felony) than the victim.
the victim for the purpose of sexual gratification.
than the defendant for the purpose of sexual gratification.
agent of an institution or person having custody of a victim of any age.
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).
training instructors, clerical staff, custodians) 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).
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).
under the age of 16 and at least 3 years younger than the perpetrator.
for sale or for financial gain.
prostitution with or by the child.
adopted child or brother and sister (half or whole).
moving, videotape, live TV transmission, digital) capable of creating a photographic image
(Class A1 misdemeanor) or using the photographic image for the purpose of sexual gratification
(Class I felony). Installing a room device that can be used to capture photographic images and
does so without consent is guilty of a Class I felony.
with the intent to place the victim in fear of his or her safety of the safety of the victim’s family
or associates, or to cause the victim substantial emotional distress (Class A1 misdemeanor),
unless in violation of a court order (Class H felony), or have multiple stalking convictions (Class
F felony).
the victim.
Statute: G.S. 14-27.2. First Degree Rape.
(a) A person is guilty of rape in the first degree if the person engages in vaginal
intercourse:
(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 the offense defined in this section is guilty of a Class B1
felony and upon conviction shall be imprisoned in the State's Prison for life.
Elements: A person is guilty of this offense if that person:
(1) has vaginal intercourse
(2) with a person
(5) the defendant
(a) used or displayed a dangerous or deadly weapon (or what
reasonably appeared to be a dangerous or deadly weapon),
OR
(b) inflicted serious personal injury on the victim, OR
(c) inflicted serious personal injury on another person, OR
(d) was aided and abetted by one or more other persons.
Punishment: Class B1 Felony punishable by life imprisonment without parole if the victim is or
under the age of 13, has one or more prior convictions of a Class B1 Felony.
Statute: G.S. 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 defective, 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.
Elements: A person is guilty of this offense if that person:
(1) has vaginal intercourse
(2) with a person
(3) and the intercourse is:
(a) by force and against the person's will, OR
(b) with someone who is:
1. mentally disabled; OR
2. mentally incapacitated; OR
3. physically helpless, which is or should be known by the
defendant.
Punishment: Class C Felony punishable by imprisonment for up to 40 years (presumptive
sentence is 12 years).
FIRST-DEGREE FORCIBLE SEXUAL OFFENSE
Statute: G.S. 14-27.4. First-degree forcible 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 another person by force and against the will of the other person, and:
(i) employs or displays a dangerous or deadly weapon or an article which
the other person reasonably believes to be a danger or deadly weapon; OR
(ii) inflicts serious personal injury upon the victim or another person; OR
(iii) the person commits the offense aided and abetted by one or more
other persons.
OR
(2) with a victim who is a child under the age of 13 years old, the defendant is at
least 12 years old and is a least four years older than the victim.
Elements: A person is guilty of this offense if that person:
(1) engages in a sexual act other than vaginal intercourse
(2) with a person
(3) by force, AND
(4) against the person's will, AND
(5) the defendant
(a) used or displayed a dangerous or deadly weapon (or
what reasonably appeared to be a dangerous or deadly weapon); OR
(b) inflicted serious personal injury on the victim; OR
(c) inflicted serious personal injury on another person; OR
(d) was aided and abetted by one or more other persons.
Punishment: Class B1 Felony, see First Degree Forcible Rape.
SECOND-DEGREE FORCIBLE SEXUAL OFFENSE
Statute: G.S. 14-27.5. Second-degree forcible 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.
Elements: A person is guilty of this offense if that person:
(1) engages in a sexual act other than vaginal intercourse
(2) with a person, AND
(3) and the act is
(a) by force and against the person's will OR
(b) with someone who is
1. mentally disabled OR
2. mentally incapacitated OR
3. physically helpless, which is or should be known by the
defendant.
Punishment: Class C Felony punishable by imprisonment for up to 40 years.
Statute: See subsection (a) (2) of G.S. 14-27.2 under First-Degree Forcible Rape.
Elements: A person is guilty of this offense if that person:
(1) has vaginal intercourse
(2) with a child under 13 years of age
(3) who is at least 4 years younger than the defendant; AND
(4) the defendant is at least 12 years old.
Punishment: Class B1 Felony punishable by life imprisonment.
STATUTORY RAPE OF A PERSON WHO IS 13, 14 OR 15 YEARS OLD
Statute: G.S. 14-27.7A
(a) A person 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 6 years older than the person, except when the defendant is
lawfully married to the person.
(b) A person 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 15years 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.
FIRST DEGREE STATUTORY SEXUAL OFFENSE
Statute: See subsection (a)(1) of G.S. 14-27.4
Elements: A person is guilty of this offense
(1) engages in a sexual act other than vaginal intercourse
(2) with a child under the age of 13 years
(3) who is at least 4 years younger than the defendant, AND
(4) the defendant is at least 12 years old.
Punishment: Class B1 Felony.
STATUTORY SEXUAL OFFENSE AGAINST A PERSON WHO IS 13, 14, OR 15 YEARS
OLD
Statute: G.S. 14-27.7A
Element: (1) a person is guilty of this offense if he/she engages in a sexual act, other than
vaginal intercourse with a child who is 13, 14, or 15 years old and the
defendant is at least six years older than the child.
Punishment: Class B1 Felony
Element: (2) a person is guilty of this offense if he/she engages in a sexual act, other than
vaginal intercourse with a child who is 13, 14, or 15 years old and the
defendant is more than four but less than six years older than the child.
Punishment: Class C Felony
SEXUAL ACTIVITY BY A SUBSTITUTE PARENT
Statute: G.S. 14-27.7. Intercourse and sexual offenses with certain victims; consent no
defense.
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.
Elements: A person is guilty of this offense if that person:
(1) has assumed the position of a parent in the home of a
person less than 18 years old; AND
(2) has vaginal intercourse or engages in a sexual act
(3) with a person less than 18 years old residing in the home.
Punishment: Class E Felony.
SEXUAL ACTIVITY BY A CUSTODIAN
Statute: See G.S. 14-27.7 under Sexual Activity by a Substitute Parent
immediately above.
Elements: A person is guilty of this offense if that person:
(1) has custody of the victim or is an agent or employee of a person institution
having custody of the victim; AND
(2) has vaginal intercourse or engages in a sexual act
(3) with the person who is in custody.
* Consent is not a defense.
Punishment: Class E Felony.
INDECENT LIBERTIES WITH A CHILD – Adult Perpetrator
Statute: G.S. 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.
Elements: A person is guilty of this offense if:
(1) is at least 16 years old; AND
(2) (a) willfully takes or attempts to take an indecent liberty for the purpose of
arousing or gratifying sexual desire
(b) willfully commits or attempts to commit a lewd or lascivious act upon the
body of
(3) a child under the age of sixteen years; AND
(4) the child is five or more years younger than the defendant.
Punishment: Class F Felony.
INDECENT LIBERTIES WITH A CHILD – Juvenile Perpetrator
Statute: G.S. 14-202.2. Indecent liberties between children.
Elements: A person is guilty of this offense if:
(1) is under 16 years of age; AND
(2) (a) willfully takes or attempts to take an indecent liberty for the purpose of
arousing or gratifying sexual desire
(b) willfully commits or attempts to commit a lewd or lascivious act upon the
body of
(3) a child under the age of sixteen years; AND
(4) the child is three or more years younger than the defendant.
Punishment: Class 1 Misdemeanor.
INDECENT LIBERTIES WITH A STUDENT BY SCHOOL PERSONNEL
Statute: G.S. 14-202.4 taking Indecent Liberties with a Student.
(a) If a defendant, who is a teacher, school administrator, student 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 a defendant and victim were present together in the
same school but before the victim ceases to be a student, the defendant is
taking indecent liberties with a student if the person is lawfully married to the
student.
(b) A defendant, who is school personnel other than a teacher, school
administrator, student teacher or coach, and who is less than four years older
than the victim, takes indecent liberties with a student, the defendant is guilty
SEXUAL ACTIVITY BETWEEN SCHOOL PERSONNEL AND STUDENT
Statute: See G.S. 14-27.7 (b) reproduced under ‘Sexual Activity by a Substitute Parent.”
Elements: I. Sexual activity with student by Teacher, School Administrator, Student
Teacher or Coach
A person is guilty of this offense:
(1) is a teacher, school administrator, student teacher, or coach; AND
(2) engages in vaginal intercourse or sexual act
(3) with a student
(4) at the same school.
Punishment: Class G Felony
II. Sexual activity with student by School Personnel other than Teacher, School
Administrator, Student Teacher or Coach
A person is guilty of this offense:
(1) is included in the definition of “school personnel” and is not a teacher, school
administrator, or student teacher; AND
(2) engages in vaginal intercourse or a sexual act
(3) with a student; AND
(4) the person is at least four years older than the student; AND
(5) the person and student are at the same school.
Punishment: Class G Felony
III. Sexual activity with student by School Personnel other than Teacher, School
Administrator, Student Teacher or Coach
A person is guilty of this offense:
(1) is included in the definition of “school personnel” and is not a teacher, school
administrator, or student teacher; AND
(2) engages in vaginal intercourse or a sexual act
(3) with a student; AND
(4) the person is less than four years older than the student; AND
(5) the person and student are at the same school.
Punishment: Class A1 Misdemeanor
IV. Sexual activity with a student by School Safety Officer
A person is guilty of this offense:
(1) is a school safety officer; AND
(2) engages in vaginal intercourse or a sexual act
(3) with a student at the same school
(4) regardless of the officer’s age.
Punishment: Class G Felony
CHILD ABUSE – SEXUAL ACT (FELONY)
Statute: G.S. 14.318.4. See Subsection (a2) under “Child Abuse Inflicting Serious
Injury.”
Elements: A person is guilty of this offense :
(1) is a parent or legal guardian of a child less than 16 years of age, and
(2) (a) commits a sexual act upon the juvenile, or
(b) allows another to commit a sexual act upon the juvenile.
Punishment: Class E Felony
Statute: G.S. 14-190.16 First degree sexual exploitation of a minor.
(a) 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 other to engage in sexual activity for a live
performance or for the purpose of producing material that contains a
visual representation depicting this activity - 14-190.16 (a)(1); 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 –
14.190.16 (a)(2); 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 ofr a
live performance or for the purpose of producing material that
contains a visual representation depicting this activity – 14.190.16
(a)(3); OR
(4) Records, photographs, films, develops, or duplicates for sale or
pecuniary (commercial) gain material that contains visual
representation depicting a minor engaged in sexual activity –
14.190.16 (a)(4).
(b) Mistake of age is not a defense.
Minor – an individual who is less than 18 years of age and is not married or judicially
emancipated.
Sexual Activity – Masturbation; Vaginal, anal, or oral intercourse; Touching in an act of
apparent sexual stimulation or sexual abuse of the clothes or unclothed genitals, pubic
area, or buttocks; an act or condition that depicts torture, physical restraint by being
fettered or bound; 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.
Punishment: Class D Felony
SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR
Statute: G.S. 14.190.17 Second degree sexual exploitation of a minor.
(a) A person commits the offense of second degree sexual exploitation of a minor
if, knowing the character content of the material, he:
(1) Records, photographs, films, develops, or duplicates material that
contains visual representation of a minor engaged in sexual activity –
14.190.17 (a)(1); OR
(2) Distributes, transports, exhibits, receives, sells purchases, exchanges,
or solicits material that contains a visual representation of a minor
engaged in sexual activity – 14.190.17 (a)(2).
(b) Mistake of age is not a defense.
Punishment: Class F Felony.
THIRD DEGREE SEXUAL EXPLOITATION
Statute: G.S. 14-190.17A Third degree sexual exploitation of a minor.
(a) A person commits the offense of third degree sexual exploitation of a minor if,
knowing the character content of the material, he possess material that
contains a visual representation of a minor engaging in sexual activity.
(b) Mistake of age is not a defense.
Punishment: Class I Felony
CHILD ABUSE – PROSTITUTION (FELONY)
Statute: G.S. 14.318.4. See Subsection (a1) under “Child Abuse Inflicting Serious
Injury.”
Elements: A person is guilty of this offense :
(1) (a) is a parent of a child less than 16 years of age, or
(b) is a person providing care or supervision to a child less than 16 years of
age, and
(2) Commits or permits or encourages
(3) An act of prostitution with or by the child.
Punishment: Class E Felony
PROMOTING PROSTITUTION OF A MINOR
Statute: G.S. 14.190.18
(a) a person commits the offense of promoting prostitution of a minor (under the
age of 18) if he knowingly:
(1) entices, forces, encourages or otherwise facilitates a minor to
participate in prostitution, OR
(2) Supervises, supports, advises or protects the prostitution of or by a
minor.
(b) Mistake of age is not a defense
Punishment: Class D Felony
SOLICITATION OF CHILD BY COMPUTER TO COMMIT UNLAWFUL SEX ACT
Statute: G.S. 14-202.3 Solicitation of child by computer to commit an unlawful sex act.
(a) A person is guilty of solicitation of a child by 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.
* An unlawful sex act includes rape, sexual offense, indecent liberties and crimes
against nature.
Punishment: Class I Felony
Statute: G.S. 14-177. Crime against nature.
If any person shall commit the crime against nature, with mankind or beast, he
shall be punished as a Class I felon.
Elements: A person is guilty of this offense if:
(1) He (or she) commits or attempts to commit the crime
against nature:
a. The taking by a male of the sexual organ of another male into his
mouth;
b. The inserting by a male of his sexual organ into the mouth or anus
of another male or a female;
c. The receiving by a male or female of the sexual organ of a male
into his or her mouth or anus;
d. Fellatio by a female;
e. Cunnilingus;
f. Analingus.
(3) Penetration of or by a sexual organ is required (255 N.C. 583).
(4) The age of the person upon or with whom the defendant commits the offense
is irrelevant.
(5) Acts in private between a man and a woman married to each other are
exempt. (40 N.C. App. 385).
Punishment: Class I Felony.
INCEST BETWEEN NEAR RELATIVES
Statute: G.S. 14-178. Incest between certain near relatives.
The parties shall be guilty of a felony in all cases of carnal intercourse between (i)
grandparent and grandchild, (ii) parent and child or stepchild or legally adopted
child, or (iii) brother and sister of the half or whole blood.
Elements: A person is guilty of this offense if:
(1) has sexual intercourse with his or her
(2) (a) grandparent or grandchild, OR
(b) parent or child or stepchild or legally adopted
child, OR
(c) brother or sister of the half of whole blood, AND
(3) the person knows of that relationship.
Punishment: Class F Felony.
INCEST BETWEEN UNCLE AND NIECE OR NEPHEW AND AUNT
Statute: G.S. 14-179. Incest between uncle and niece and nephew and aunt.
In all cases of carnal intercourse between uncle and niece, and nephew and aunt,
the parties shall be guilty of a Class 1 misdemeanor, and shall be punished by a
fine or imprisonment, in the discretion of the court.
Elements: A person is guilty of this offense if:
(1) has sexual intercourse
(2) when the participants in the intercourse are uncle and
niece or nephew and aunt, AND
(3) the person knows of the relationship.
Punishment: Class 1 Misdemeanor
Statute: G.S. 14-33(b) (3).
Any person who commits any assault, assault and battery, or affray is guilty of a
on a child under the age of 12 years.
Punishment: Class A1 Misdemeanor
CONTRIBUTING TO DELINQUENCY/NEGLECT
Statute: G.S. 14-316.1.
Any person who is at least 16 years old who knowingly or willfully causes,
encourages, or aids any juvenile within the jurisdiction of the court to be in a place
or condition, or to commit an act whereby the juvenile could be adjudicated
delinquent, undisciplined, abused, or neglected as defined by G.S.7A-517.
Punishment: Class 1 Misdemeanor
CHILD ABUSE MISDEMEANOR
Statute: G.S. 14-318.2
Any parent of a child less than 16 years of age, or any other person providing care
to or supervision of such child, who inflicts physical injury, or who allows
physical injury to be inflicted, or who creates or allows to be created a substantial
risk of physical injury, upon or to such child by other than accidental means.
Punishment: Class 1 Misdemeanor
CHILD ABUSE INFLICTING SERIOUS INJURY (FELONY)
Statute: G.S. 14.318.4
(a) A parent or any other person providing care to or supervision of a child less
than 16 years of age who intentionally inflicts any serious physical injury
upon or to the child or who intentionally commits an assault upon the child
which results in any serious physical injury to the child.
(a1) Any parent of a child less than 16 years of age, or any other person
providing care to or supervision of the child, who commits, permits, or
encourages any act of prostitution with or by the juvenile is guilty of child
abuse and shall be punished as a Class E felon.
(a2) Any parent or legal guardian of a child less than 16 years of age who
commits or allows the commission of any sexual act upon a juvenile is
guilty of a Class E felony.
(a3) A parent or any other person providing care to or supervision of a
child less than 16 years of age who intentionally inflicts any serious bodily
injury to the child or who intentionally commits an assault upon the child
which results in any serious bodily injury to the child, or which results in
permanent loss or impairment or any mental or emotional function of the
child is guilty of a Class C Felony.
“Serious bodily injury” is defined as bodily injury that creates a
substantial risk of death, or that causes serious permanent or protracted
disfigurement, coma, a permanent or protracted condition that causes
extreme pain, or permanent or protracted loss or impairment of the
function of any bodily member or organ, or that results in prolonged
hospitalization.
(b) The felony of child abuse is an offense additional to other civil and
criminal provisions and is not intended to repeal or preclude any other
sanctions or remedies.
Elements: A person is guilty of this offense if that person:
(1) (a) being a parent of a child less than sixteen years of age,
or
(b) being a person providing care or supervision to a child
less than sixteen years of age
(2) (a) intentionally inflicts on or to the child, or
(b) intentionally commits an assault on the child which
results in
(3) serious physical injury.
Punishment: Class E felony
TRANSPORTING CHILD IN VIOLATION OF CUSTODY ORDER:
Statute: G.S.14-320.1.
When any federal court or state court in the United States shall have awarded
custody of a child under the age of 16 years, it shall be a felony for any person
with the intent to violate the court order to take or transport, or cause to be taken
or transported, any such child from any points within this State to any point
outside the limits of this State or to keep any such child outside the limits of this
State.
Punishment: Class J Felony
Institute of Government, The Univeristy of North Carolina Chapel Hill. 2001
