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North Carolina Criminal Law Chapter(s) 14-27.4A: Sexual Offense With a Child by an Adult (Felony)

Sexual Offense With a Child by an Adult (Felony) Our team of Charlotte injury lawyers provides legal representation to victims of sex crimes and other sex offenses in North Carolina.

We work to obtain fair compensation (damages) for unlawful conduct by the sexual predator and those legally responsible for claims of sexual abuse, indecent liberties, sexual battery, and rape.

That may include bringing causes of action (filing lawsuits) against churches and other non-profit organizations.

The NC laws on sexual predators have recently changed and may allow in some instances an extension of the Statute of Limitations.

The historical basis and/or fact pattern must meet certain conditions precedent as set by statute and the NC Civil Laws (Rules of Civil Procedure).

**Each case is different and therefore we review Statute of Limitations issues on a case-by-case basis.

If you have questions whether you may be able to file suit or bring a cause of action, we recommend you retain experienced legal counsel without delay.

Call our office today to schedule your confidential, complementary consultation.

The Powers Law Firm PA in Charlotte, NC helps victims of sexual abuse and sexual predators throughout North Carolina.

For such matters we do NOT charge consultation fees.

Call NOW: 704-342-4357

You may also email Bill Powers directly at: Bill@CarolinaAttorneys.com

The following materials are provided so victims may understand the possible criminal sexual predator laws.

Felony charges in North Carolina (criminal charges) are not subject to a Statute of Limitations.

That’s different than bringing a cause of action in Civil Court for damages.

Again, if you have questions about the relevant Statute of Limitations in North Carolina, please call us today.

Our accident/injury law firm is available for consultation throughout the State of North Carolina, including but not limited to:

  • Charlotte Mecklenburg County NC
  • Gaston County – Gastonia
  • Iredell County
  • Rowan County
1. Definition and Elements of the Crime

Under North Carolina Criminal Law Chapter 14-27.28, the crime of statutory sexual offense with a child by an adult occurs when a defendant, aged 18 years or older, engages in a sexual act with a child under the age of 13.

To prove a charge of sexual offense with a child by an adult, the State must be able to establish the following prima facie elements Beyond a Reasonable Doubt:

  • That the Defendant engaged in a sexual act with the alleged victim. A sexual act means:

    1. Cunnilingus, which is any touching, however slight, by the lips or tongue of one person to any part of the female sex organ of another

    2. Fellatio, which is any touching by the lips or tongue of one person and the male sex organ of another

    3. Analingus, which is any touching by the lips or tongue of one person and the anus of another

    4. Anal intercourse, which is any penetration, however slight, of the anus of any person by the male sex organ of another

    5. Any penetration, however slight, by an object into the genital and/or anal opening of a person’s body

  • That at the time of the act(s), the alleged victim was a child under the age of thirteen years

  • That at the time of the act(s), the defendant was at least 18 years of age

It is not necessary for the State to prove that the act was by force and against the victim’s will.

The penetration of the female sex organ is not required to complete the act of cunnilingus under North Carolina Criminal Law Chapter 14-27.4. However, penetration is required to complete the offense of crime against nature.

North Carolina courts have held that crime against nature is not a lesser included offense of first or second degree sexual offense. However, when the bill of indictment charges anal intercourse, North Carolina courts infer that crime against nature is a lesser included offense.

North Carolina Criminal Law Chapter 14-27.29 (First Degree Statutory Sexual Offense) is a lesser included offense of Statutory Sexual Offense with a Child by an Adult. Unlike NCGS 14-27.28, the State need not prove that the Defendant is 18 or older under NCGS 14-27.29.

This offense is a general intent crime meaning by committing the act of engaging in sexual activity, you are guilty of the offense. There is no specific intent (mens rea, i.e., state of mind) requirement for Statutory Sex Offense with a Child by an Adult.

2. Examples

Sexual Offense With a Child by an Adult (Felony) Defendant begins an online chat with a girl he thinks is 16 years old (the age of consent in North Carolina). Their chats turn sexual and they plan a time and place to meet. Defendant meets victim at a hotel room and they engage in sexual intercourse. Victim is in fact only 12. Defendant believes victim is 16. Victim’s parents find the chat history on her computer and learn about the rendezvous at the hotel room. Victim’s parent press charges. Defendant can be charged with Statutory Sexual Offense with a Child by an Adult. Defendant’s mistake as to victim’s age is not a defense.

Defendant is 18 years old. Defendant begins hanging out with the daughter of his neighbors. Victim tells Defendant that she is 15 years old and is a freshman in high school at a rival school of Defendant. Defendant texts with victim begin to turn sexual as time goes on. Defendant and victim engage in oral sexual acts over a period of time. The victim’s father finds out and presses charges against Defendant. Defendant can be charged with Statutory Sexual Offense with a Child by an Adult.

3. Related Offenses

Other similar or related offenses include:

  1. North Carolina Criminal Law Chapters 14-43.11: Human Trafficking of a Minor Involving Sexual Servitude (Felony)
  2. North Carolina Criminal Law Chapter(s) 14-202.4: Taking Indecent Liberities with a Student (by Teacher, School Administrator, Student Teacher, School Safety Officer, Coach)
  3. What is the Age of Consent in NC?
  4. Negligence is not an Accident
  5. Where we help people in North Carolina
  6. N.C.G.S. 14 – Sexual Offense with a Child
4. Penalties

The punishment for the crime of Statutory Sexual Offense with a Child by an Adult is a Class B1 felony punishable by a maximum period of incarceration of life imprisonment without the possibility of parole.

The judge has discretion to sentence a Defendant to life in prison without parole if he or she determines that the nature and/or harm of the offense is of such brutality, duration, severity, degree, or scope beyond that normally committed in such crimes.

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