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

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

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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.

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.

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

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.

• Statutory Rape and Sex Offenses in North Carolina
• North Carolina Criminal Law 14-27.33 Sexual Battery
• Sex Offender Registration in North Carolina