be alert, be aware!

sexual offensives involving children; cheat sheet

by BUBBLES no wonder
Published Jul. 11, 2008

NC General Statutes

♂♥♀  ♂♥♀  ♂♥♀  ♂♥♀  ♂♥♀  ♂♥♀  ♂♥♀  ♂♥♀  

http://www.ncgccd.org/mdt/APX/Criminal%20Offenses.pdf

Forcible Acts* Marriage is not a defense to forcible sexual acts (GS 14-27.8) nor is intoxication.

First Degree Forcible Rape [GS 14-27.2 (2)] Class B1 felony

Vaginal intercourse by force and without consent and (a) with use of a weapon, (b) inflicting

serious injury, or (c) aided by others. Note: if the victim is male, it falls under forcible sexual

offense.

Second Degree Forcible Rape [ GS 14.27.3 (a)(1)] Class C felony

1. Vaginal intercourse by force and without consent (no injury required).

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.

First Degree Forcible Sexual Offense [GS 14-27.4 (a)(2)] Class B1 felony

Sexual acts (not vaginal intercourse) by force and without consent and (a) with use of a weapon,

(b) inflicting serious injury, or (c) aided by others.

Second Degree Forcible Sexual Offense [GS 14-27.4 (a)(1)] Class C felony

1. Sexual acts (not vaginal intercourse) by force and without consent.

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).

Statutory Rape

First Degree Statutory Rape [GS 14-27.2 (1)] Class B1 felony

Vaginal Intercourse with a victim under the age of 13 by a defendant at least 12 years of age and

4 years older than the victim.

First Degree Statutory Sexual Offense [GS 14-27.4] Class B1 felony

Sexual acts (not vaginal) with a victim under the age of 13by a defendant at least 12 years of age

and is 4 years older than the victim.

Statutory Rape of Person Who is 13, 14, or 15 Years Old [GS 14-27.7A]

Class B1 or C felony

Vaginal intercourse or sexual act 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.

Statutory Sexual Offense Against Person who is 13, 14, or 15 Years Old [14-27.7A]

Class B1 or C felony

SEXUAL OFFENSES INVOLVING CHILD VICTIMS

Cheat Sheet

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.

Indecent Liberties with a Child (adult perpetrator) [GS 14-202.1] Class F felony

Indecent and lewd acts with a child under the age of 16 by a defendant at least 5 years older than

the victim for the purpose of sexual gratification.

Indecent Liberties with a Child (juvenile perpetrator) [GS 14-202.2] Class 1 misdem

Indecent and lewd acts by a defendant under the age of 16 with a victim at least 3 years younger

than the defendant for the purpose of sexual gratification.

Intercourse and Sexual Offense with Certain Victims [GS 14-27.7(a)] Class E felony

Vaginal intercourse or sexual act by a caretaker with a minor residing in the home, or by an

agent of an institution or person having custody of a victim of any age.

Indecent Liberties with a Student [GS14-202.4] Class I felony or A1 misdem

Indecent and lewd acts by a teacher, student teacher, administrator, or coach 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).

Indecent and lewd acts by someone other than a teacher, student teacher, administrator, or coach

but is included in the definition of “school personnel” (i.e. bus drivers, substitute teachers, driver

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).

Sexual Activity Between School Personnel and Student [GS 14-27.7(b)]

Class G felony or A1 misdem

Vaginal intercourse or sexual act by a teacher, administrator, student teacher or coach with a

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).

Solicitation of a Child by Computer to Commit an Unlawful Sex Act [GS 14-202.3]

Class I felony

Computer solicitation of a child for sexual purposes by a perpetrator at least 16 with a victim

under the age of 16 and at least 3 years younger than the perpetrator.

Sexual Exploitation

First Degree Sexual Exploitation of a Minor [G.S. 14.190.16] Class D felony

Any person who engages in the production or transporting for production of child pornography

for sale or for financial gain.

Second Degree Sexual Exploitation of a Minor [G.S. 14.190.17] Class F felony

Production of or circulation of child pornography, but is not for financial gain.

Third Degree Sexual Exploitation of a Minor [G.S. 14.190.17A] Class I felony

Knowingly possessing child pornography.

Child Abuse – Prostitution (Felony) [G.S. 14.318.4] Class E felony

A parent, or person providing care or supervision, of a child less than 16 permits or encourages

prostitution with or by the child.

Sexual Morality Crimes

Crime Against Nature [GS 14-177] Class I felony

Oral sex, anal sex, sex with objects by unmarried persons, and bestiality.

Incest Between Near Relatives [GS 14-178] Class F felony

Carnal intercourse between grandparent and grandchild, parent and child, stepchild or legally

adopted child or brother and sister (half or whole).

Incest Between Uncle and Niece or Nephew and Aunt [GS 14-179] Class 1 misdem

Carnal intercourse between aunt and nephew or between uncle and niece.

Non-Physical Sexual Contact

Peeping [GS 14-202] Class 1 misdem

Secretly peeping into a room occupied by any person. Statute includes using a device (still,

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.

Stalking [GS 14-277.3] Class A1 misdem, Class H & F felony

To be willfully on more than one occasion in the presence of the victim without legal purpose

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).

Cyber Stalking [GS14-196.3] Class 2 misdem

Use of electronic communication to threaten harm to the victim or victim’s family or to harass

the victim.

SEXUAL OFFENSES

Forcible Acts

FIRST-DEGREE FORCIBLE RAPE

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

(3) by force, AND

(4) against that 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 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.

NORTH CAROLINA CRIMINAL OFFENSES

INVOLVING CHILD VICTIMS

SECOND-DEGREE FORCIBLE RAPE

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.

Statutory Acts

FIRST DEGREE STATUTORY RAPE

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

guilty of a Class I felony, unless the conduct is covered under some other

provision of law providing for greater punishment. A person is not guilty of

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

of a Class A1 misdemeanor.

(c) A school safety officer who takes indecent liberties with a student at the same

school regardless of the officer’s age, is guilty of a Class I felony.

(d) Consent is not a defense to a charge under this section.

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

Sexual Exploitation

FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR

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

Sexual Morality Crimes

CRIME AGAINST NATURE

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

ASSAULTS AND THREATS

ASSAULT ON A CHILD UNDER 12

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

Resource:

Farb, R.L. North Carolina Crimes: A Guidebook on the Elements of Crime. Fifth Edition.

Institute of Government, The Univeristy of North Carolina Chapel Hill. 2001