Sex Crimes in North Carolina

If you or someone you know has been charged with rape, contact North Carolina attorney Lindsey Granados today.  Being convicted of rape can have serious consequences that could follow you throughout your life. Having a lawyer who is experienced with defending rape charges is important.

NORTH CAROLINA RAPE OFFENSES

North Carolina prosecutes several different crimes involving rape.  A conviction for a rape charge requires registration on the North Carolina Sex Offender Registry.

• First-degree forcible rape
• Second-degree forcible rape
• Statutory Rape

FIRST DEGREE FORCIBLE RAPE

First-degree forcible rape is defined as engaging in vaginal intercourse with another person by force and against the will of the other person, and does any of the following:

1. Uses, threatens to use or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon.
2. Inflicts serious personal injury upon the victim or another person.
3. The person commits the offense aided and abetted by one or more other persons.

First-degree forcible rape is a Class B1 felony.

Punishment for first-degree forcible rape conviction is 144 months to life without parole.

SECOND DEGREE FORCIBLE RAPE

Second-degree forcible rape is defined as engaging in vaginal intercourse with another person:

1. By force and against the will of the other person; or
2. Who has a mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should reasonably know the other person has a mental disability or is mentally incapacitated or physically helpless.

Second-degree forcible rape is a Class C felony.

Punishment for second-degree forcible rape ranges from 44 months to 182 months.

FIRST DEGREE STATUTORY RAPE

First-degree statutory rape occurs when a person engages in vaginal intercourse with a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is least 4 years older than the victim.

First-degree statutory rape is a Class B1 felony.

Punishment for first-degree statutory rape ranges from 300 months to life without parole.

Child Pornography charges in North Carolina are serious, contact North Carolina attorney Lindsey Granados today.  Child Pornography charges require sex offender registration on top of other serious consequences.

North Carolina Child Pornography Laws

Under North Carolina law, child pornography is considered child sexual exploitation.

First-degree Sexual Exploitation of a Minor

• First-degree sexual exploitation of a minor punishes the production of child pornography.
• Production includes anyone who: uses, employs, induces, coerces, encourages, or facilitates a minor involving in sexual activity.

Second-degree Sexual Exploitation of a Minor

• Second-degree sexual exploitation of a minor punishes the distribution of child pornography.
• Distribution includes anyone who: distributes, promotes, copies or finances the distribution of child pornography.

Third-degree Sexual Exploitation of a Minor

• Third-degree sexual exploitation of a minor punishes the possession of child pornography.
• Possession of child pornography includes anyone who: knowingly possesses or accesses child pornography.

Punishment for Child Pornography Charges

• Punishment for first-degree sexual exploitation of a minor ranges from 44 to 92 months for a first-time offender.
• Punishment for second-degree sexual exploitation of a minor ranges from 15 to 31 months.
• Punishment for third-degree sexual exploitation of a minor ranges from 4 to 8 months.
• Sentencing for a child pornography Law can be affected by other factors:
• The age of the defendant
• The age of the minor
• The criminal history of the defendant.

If you or someone you know has been charged with a statutory sex offense, contact North Carolina attorney Lindsey Granados today!  Sex offenses can have a serious impacts on your life. Having a lawyer who cares is important when dealing with sex offense charges.

What are Statutory Sex Offenses?

Statutory Sex offenses concern the ages of the parties involved.  A statutory sex offense requires a “sexual act” to have occurred.

There are several North Carolina statutory sex offenses.

• Statutory Rape of a Child by an Adult
• First-degree Statutory Rape
• Statutory Rape of a Person who is 15 Years of Age or Younger
• Sexual activity by a substitute parent or custodian
• Sexual activity with a student

Statutory Sex Offense Defenses

Consent is not a defense to a statutory sex offense.  Even if the other person consents to the act, the defendant may not use this in court as a defense to the act.

Mistake of age is also not a defense.  If the defendant was unaware of the other person’s age, or believed they were a different age, they will not be allowed to use this as a defense to the act.

Sex Offender Registration

By law, if you are convicted of a statutory sex offense, you will be required to register as a sex offender.  The length of time required for sex offender registration depends on the tier of the offense.

If you or someone you know has been charged with statutory rape of a person who is 15 years of age or younger, contact North Carolina attorney, Lindsey Granados.  Sex Offenses can have a serious impact on your life, contact Lindsey today to get help with your case.

N.C.G.S. § 14-27.25

Statutory rape of a person who is 15 years of age or younger in North Carolina is a Class B1 felony if if the defendant engages in vaginal intercourse with another person who is 15 years of age or younger and the defendant is at least 12 years old and at least 6 years older than the person, unless the defendant is married to that person.

Statutory rape of a person who is 15 years of age or younger in North Carolina is a Class C felony if if the defendant engages in vaginal intercourse with another person who is 15 years of age or younger and the defendant is at least 12 years old and at least 4 years, but less than 6 years older than the person.

Defenses

• Consent is not a defense to statutory rape.
• Mistake of age is not a defense to statutory rape.  Even if you believed the person was older than 15, you will not be able to use this as a defense in court.

Sex Offender Registration

By law, if you are convicted of statutory rape of a person who is 15 years of age or younger, you will be required to register as a sex offender.  The length of time required for sex offender registration depends on the tier of the offense.  Contact a North Carolina Sex Offense attorney today.

Removal Possibility

Removing your name from the sex offender registry depends on the offense tier that you fall into.

Tier One Offenses

For tier 1 offenses, there is an initial requirement of 15 years of registration.  Removal is possible after 10 years.

Examples of North Carolina sex offense crimes that fall into tier 1:

• Sexual battery (misdemeanor)
• Felony indecent exposure
• Third-degree sexual exploitation of a minor for possession child pornography
• Taking indecent liberties with minors
• Secret peeping

Tier Two Offenses

Tier 2 offense require an initial registration period of 25 years.  In certain circumstances, this can be reduced to 15 years.

Examples of North Carolina sex offense crimes that fall into tier 2:

• Statutory rape or sex offense
• Sexual activity by substitute parent
• Sexual activity with a student
• Human trafficking
• Sexual servitude

Tier Three Offenses

Tier 3 offenses require lifetime registration.

Where Do I Petition?

If your conviction was in North Carolina, the petition must occur in the same district where the conviction occurred.

If the conviction occurred out of state, the petition must occur in the district that you live, and notice must be given to the sheriff’s department where the conviction occurred.