An employee of a school cannot have any sexual activity with any student at that school, unless they are married. This prohibition covers adults and students, and continues to cover them as long as the younger person is a student at any school, regardless of their age. Four Years in Age: North Carolina also has a liberal "close-in-age" provision.
North Carolina Statutory Rape Laws
This provision allows for anyone who is above 16 to have sexual relations with another individual who is no more than 4 years younger than they are. Thus, a 14 year old and a 17 year old can consent to have sexual activity without fear of prosecution. 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.
North Carolina Age of Consent Lawyers
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. 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.
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. 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.
What is the legal age difference for dating in north carolina
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. 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
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Statutes governing North Carolina's age of consent, associated criminal charges, available defenses, and penalties for conviction. Statutory rape of a person 15 years old or younger involves vaginal intercourse between: 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: Teachers and Students 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: Sex Offender Registration 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.
Statutory Rape Marital Exception North Carolina has a marital exemption for some statutory rape crimes. When Both Parties Are Minors: Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
North Carolina’s Statutory Rape Laws and Potential Penalties
Legal Help If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. Updated July 30, Share on Google Plus. Talk to a Lawyer. Start here to find criminal defense lawyers near you.