WHAT CONSTITUTES A SEX OFFENSE?

Why Am I Facing A Sex Crime Charge?

The North Carolina legislature has created numerous sex crimes in the criminal code. Below is a sampling of those laws. If you do not see the specific crime with which you are charged, contact our Raleigh sex crimes, defense lawyer. Our attoprneys at Marcilliat & Mills PLLC have the knowledge and experience required to effectively handle any sex crimes charge.

If you are facing any of the charges listed below, have questions about an alleged sex crime, or have been falsely accused of criminal sexual conduct, we offer a free consultation. Call our Raleigh office today at 919-838-6643 or email our law firm to schedule an appointment.

At Marcilliat & Mills PLLC, we are here to protect the rights, reputation, and future of individuals accused of, arrested for, or charged with a sex crime throughout the state.

First-Degree Forcible Rape

A defendant is guilty of 1st-degree rape if he/she forces or acts against the will of another person to engage in vaginal intercourse, and:

1. uses or displays a dangerous or deadly weapon or an item that the victim could reasonably believe to be a dangerous or deadly weapon, to aid in the commission of the act; or
2. inflicts serious bodily injury on the victim or another person, while committing the act; or
3. the offense is committed with the assistance of at least one other person.

Second-Degree Forcible Rape

A person is guilty of 2nd-degree rape if the person engages in vaginal intercourse with a victim:

1. by using force and by acting against the will of the victim; or
2. who is mentally disabled, mentally incapacitated or physically helpless, and the defendant performing the act knows or reasonably should have known the victim is mentally disabled, mentally incapacitated or physically helpless.

First-Degree Statutory Rape

A defendant is guilty of 1st-degree statutory rape if the defendant engages in vaginal intercourse:

1. with a victim under the age of 13 years and the defendant is at least 12 years old and at least four years older than the victim.

Statutory Rape of a Person Who Is 13, 14, or 15 Years Old by a Defendant Who Is at Least Six Years Older Than the Victim

A defendant is guilty of the above-stated crime if the defendant engages in any sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the victim.

The exception is if the defendant is lawfully married to the victim.

Statutory Rape of a Person Who Is 13, 14, or 15 Years Old by a Defendant Who Is More Than Four but Less Than Six Years Older Than the Victim

A defendant is guilty of the above-stated crime if the defendant engages in any sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the victim.

The exception is if the defendant is lawfully married to the victim.

First-Degree Forcible Sex Offense

A defendant is guilty of a 1st degree sex offense if the defendant engages in a sexual act:

1. with a victim under the age of 13 and the defendant is at least 12 years old and is at least four years older than the victim; or
2. by use of force and against the will of the victim, and:
   • uses or displays a dangerous or deadly weapon or an item that the victim could reasonably believe to be a dangerous or deadly weapon, to aid in the commission of the act; or
   • inflicts serious bodily injury on the victim or another person, while committing the act; or
   • the offense is committed with the assistance by at least one other person.

A “sexual act” is defined to include cunnilingus, analingus, fellatio, and anal intercourse but not vaginal intercourse.

Second-Degree Forcible Sex Offense

A defendant is guilty of a 2nd degree sex offense if the defendant engages in a sexual act with a victim:

1. by using force and by acting against the will of the victim; or
2. who is mentally disabled, mentally incapacitated or physically helpless, and the defendant performing the act knows or reasonably should have known the victim is mentally disabled, mentally incapacitated or physically helpless.

A “sexual act” is defined to include cunnilingus, analingus, fellatio and anal intercourse, but not vaginal intercourse.

Indecent Liberties With a Child

A defendant is guilty of taking indecent liberties with a child if, being at least 16 years of age and five years older than the child in question, he either:

1. willfully commits or attempts to commit any immoral, improper, or indecent liberties with any child, male or female, under the age of 16 for the purpose of arousing or gratifying sexual desire; or
2. willfully commits or attempts to commit any lewd or lascivious act upon the body or any part of the body of any child, male or female, under the age of 16.

First-Degree Sexual Exploitation of a Minor

A defendant commits the offense of 1st degree sexual exploitation of a minor, if knowing the content of the material or nature of the performance, he:

1. uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist another to engage in sexual activity for a live performance or for the purpose of producing images that contain a visual representation illustrating such activity; 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 images that contain a visual representation illustrating such activity; or
3. transports or pays for the transportation of a minor through or across North Carolina with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing images that contain a visual representation illustrating such activity; or
4. records, photographs, films, develops or duplicates material that contains a visual representation showing a minor engaged in sexual activity, for the purpose of sale or pecuniary gain.

Mistake of age is not a defense to this offense.

Second-Degree Sexual Exploitation of a Minor

A defendant commits the offense of 2nd degree sexual exploitation of a minor if he knows of the content of the material in question and:

1. records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity; or
2. distributes or receives in any way, material that contains a visual representation of a minor engaged in sexual activity.

Mistake of age is not a defense to this offense.

Kidnapping

Any defendant who unlawfully confines, restrains, or removes from one location to another, any other person 16 years of age or older without the consent of such person, or any other person under the age of 16 years without the consent of a parent of such person, is guilty of kidnapping if the defendant’s actions are for the purpose of:

1. holding the victim for a ransom, as a hostage or using the victim as a shield; or
2. assisting in the commission of any felony or assisting escape following the commission of a felony; or
3. inflicting serious bodily harm to or terrorizing the victim or any other person; or
4. forcing the victim to work against his/her will; or
5. trafficking another person with the intent that the other person be forced to work or perform sexual services against his/her will; or
6. subjecting or maintaining such other person for the purpose of forcing them to perform sexual services against their will.

There are two degrees of kidnapping. If the person kidnapped was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree. If the person kidnapped was released in a safe place by the defendant and had not been seriously injured or sexually assaulted, the offense is kidnapping in the second degree.

For more information about any sex crimes charge in North Carolina, contact our Raleigh law firm for a free initial consultation.