Sex Crime Charges In North Carolina

Sex-related charges are amongst the most serious, and harshly punished, offenses in North Carolina. Conviction can result in years (even decades) in prison and a lifetime on the Sex Offender Registry. Even if you have not been formally charged yet, if you think you may be, it is extremely important to speak with an experienced criminal defense attorney with years of experience dealing with the police and prosecutors in these types of cases. The attorneys at PRJ Law understand how easily these types of charges can be brought and will handle you case with the utmost professionalism.

• Statutory rape of child by adult: N.C.G.S. § 14-27.23 states that if a person who is at least 18 years old engages in vaginal intercourse with a child who is under the age of 13 years, it is a Class B1 felony with a mandatory minimum prison sentence of 300 months (25 years).
• First-degree statutory rape: C.G.S. § 14-27.24 applies for vaginal intercourse if the defendant is at least 12 years old and at least four years older than the victim, who is under the age of 13. This is also a Class B1 felony, without a mandatory minimum but punishable by a maximum of life without parole. It requires lifetime registration on the Sex Offender Registry.
• Statutory rape of a person who is 15 years of age or younger: C.G.S. § 14-27.25 covers vaginal intercourse if the defendant is at least 12 years old and at least six years older than the victim, who is 15 years old or younger. This is also a Class B1 felony punishable by up to life without parole. If the defendant is at least 12 and more than four but less than six years younger than the victim who is 15 or younger, it becomes a Class C felony punishable by 279 months imprisonment.
• Statutory sex offense with child by adult: C.G.S. § 14-27.28 states it is a Class B1 felony to engage in a “sexual act” with a child under the age of 13 when the defendant is at least 18. This offense has a 300-month mandatory minimum prison term. N.C.G.S. § 14-27.20, subsection (4) defines the term sexual act in this context, which includes oral sex, anal intercourse and the penetration (no matter how slight) by any object into the genital opening of the victim.

Forcible sex offenses generally require the use, display or threat of use of a dangerous or deadly weapon (or what the victim reasonably believes is one); the infliction of serious personal injury; or being aided or abetted by others in the commission of the offense. This type of sex offenses include:

• First- degree forcible rape: Governed by C.G.S. § 14-27.21.
• Second-degree forcible rape: Governed by C.G.S. § 14-27.22.
• First-degree sexual offense: Governed by C.G.S. § 14-27.26.
• Second-degree forcible rape: Governed by C.G.S. § 14-27.27.

OTHER TYPES OF SEX OFFENSES INCLUDE:

• Sexual battery: A Class A1 misdemeanor under C.G.S. § 14-27.33.
• First, second and third-degree sexual exploitation of a minor: Governed by C.G.S. § 14-190.16; § 14-190.17; and § 14-190.17A, and Class C, E and H felonies, respectively. These types of charges are usually what is charged at the state level if someone possesses, or shares, child pornography.
• Indecent liberties with child: Defined under C.G.S. § 14-202.1, this is a Class F felony.
• Crimes against nature: A Class I felony under C.G.S. § 14-177.

Some of the listed offenses such as indecent liberties and crimes against nature are particularly complex in terms of either what qualifies as an offense under those statutes, or when it is prosecuted. If you are facing charges of any of the above offenses, immediately contact an experienced criminal law attorney to begin building your defense.