{"id":375466,"date":"2016-03-31T21:36:13","date_gmt":"2016-04-01T02:36:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-prohibited-consensual-sexual-activity-laws.html"},"modified":"2025-06-17T15:40:34","modified_gmt":"2025-06-17T20:40:34","slug":"north-carolina-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"North Carolina Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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North Carolina Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It seems unfair that the government can interfere with our private lives. There are laws prohibiting certain consensual sex acts. These laws almost always reflect cultural and social norms and values. This is why so many of these laws change over the years.<\/p>\r\n

This article provides an overview of North Carolina laws prohibiting certain consensual sexual activities. Consensual<\/a> means sexual activity between two consenting adults.<\/p>\r\n

Since the age of consent in the state of North Carolina is 15, a person under that age cannot legally consent to sexual intercourse and other sexual conduct. Consent is not a defense to some of the criminal laws in the state.<\/p>\r\n

History of Consensual Sexual Activity Laws in North Carolina<\/b><\/h2>\r\n

Many states have laws prohibiting certain types of consensual sexual activities. Until the 21st century, most states enforced anti-sodomy laws. It wasn\u2019t until 2003 that the U.S. Supreme Court ruled these laws unconstitutional under Lawrence v. Texas<\/i><\/a>.<\/p>\r\n

Two years later, the North Carolina Supreme Court followed suit in State v. Whiteley<\/i><\/a>, <\/i>where it ruled the prohibition of same-sex acts unconstitutional. Today, the prohibited consensual sexual activity laws<\/a> in North Carolina include bans on indecent exposure and bestiality.<\/p>\r\n

North Carolina Prohibited Consensual Sexual Activity Laws<\/b><\/h2>\r\n

If you\u2019re facing criminal charges under North Carolina\u2019s consensual sex laws, you should be familiar with the statutes and the penalties for violating them.<\/p>\r\n

Review the following table to learn more about North Carolina’s prohibited consensual sexual activity laws. You can also visit FindLaw’s Sex Crimes<\/a> section for related information.<\/p>\r\n\r\n

North Carolina Sodomy Laws<\/b><\/p>\r\n<\/th>\r\n

North Carolina repealed its anti-sodomy statute in 2005.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for Sodomy in North Carolina<\/b><\/p>\r\n<\/th>\r\n

Not applicable unless a person commits sodomy against an animal. North Carolina law<\/a> makes it illegal to commit a \u201ccrime against nature\u201d with an animal (beast). This criminal offense is a Class I felony, which is the least severe in North Carolina and carries a jail sentence of four to 10 months. The maximum prison sentence for a Class I felony is two years.<\/p>\r\n<\/td>\r\n<\/tr>

HIV Exposure and Compelled Testing for Offenders Under North Carolina Law<\/b><\/p>\r\n<\/th>\r\n

A victim can request that the court order the defendant in a sex crime case to undergo HIV testing<\/a>. The statute doesn\u2019t require a conviction for a judge to order this testing. If there is probable cause that a sexual assault took place, the victim can request testing for HIV\/AIDS.<\/p>\r\n<\/td>\r\n<\/tr>

Indecent Exposure Under Carolina Law<\/b><\/p>\r\n<\/th>\r\n

Indecent Exposure<\/a> (N.C. Gen. Stat. \u00a7 14-190.9<\/a>) is defined as willfully exposing one\u2019s private parts in a public place where there are likely to be other people present.<\/p>\r\n

The law categorizes indecent exposure as a Class 2 misdemeanor. If the defendant exposes themselves in front of someone under the age of 16, the crime is a Class H Felony.<\/p>\r\n<\/td>\r\n<\/tr>

Other Crimes Relating to Non-Consensual Sex Acts Under North Carolina Law<\/b><\/p>\r\n<\/th>\r\n

North Carolina law spells out several statutory sexual offenses<\/a>. Most statutory rape charges involve two young people who are in a sexual relationship against their parents’ wishes. It also applies if a teacher has sex with an underage student.<\/p>\r\n

Possible Legal Defenses to Prohibited Consensual Activity Laws in North Carolina<\/b><\/p>\r\n

 <\/p>\r\n<\/th>\r\n

Actual innocence is always a defense to criminal charges. Consent and mistake of age are not valid defenses to statutory rape charges.<\/p>\r\n

Romeo and Juliet Defense<\/a> – There is a close-in-age exemption to statutory rape charges in North Carolina. If the defendant is under the age of 18 and the victim is at least twelve years old, the state cannot prosecute. There cannot be more than a four-year age difference between the parties.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Disclaimer<\/b>: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a <\/i>criminal defense attorney<\/i><\/a> or conduct legal research to verify your state laws.<\/i><\/p>\r\n

North Carolina Prohibited Consensual Sexual Activity Laws: Related Resources<\/b><\/h2>\r\n