North Carolina Prohibited Consensual Sexual Activity Laws

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.

This article provides an overview of North Carolina laws prohibiting certain consensual sexual activities. Consensual means sexual activity between two consenting adults.

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.

History of Consensual Sexual Activity Laws in North Carolina

Many states have laws prohibiting certain types of consensual sexual activities. Until the 21st century, most states enforced anti-sodomy laws. It wasn’t until 2003 that the U.S. Supreme Court ruled these laws unconstitutional under Lawrence v. Texas.

Two years later, the North Carolina Supreme Court followed suit in State v. Whiteleywhere it ruled the prohibition of same-sex acts unconstitutional. Today, the prohibited consensual sexual activity laws in North Carolina include bans on indecent exposure and bestiality.

North Carolina Prohibited Consensual Sexual Activity Laws

If you’re facing criminal charges under North Carolina’s consensual sex laws, you should be familiar with the statutes and the penalties for violating them.

Review the following table to learn more about North Carolina's prohibited consensual sexual activity laws. You can also visit FindLaw's Sex Crimes section for related information.

North Carolina Sodomy Laws

North Carolina repealed its anti-sodomy statute in 2005.

Penalty for Sodomy in North Carolina

Not applicable unless a person commits sodomy against an animal. North Carolina law makes it illegal to commit a “crime against nature” 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.

HIV Exposure and Compelled Testing for Offenders Under North Carolina Law

A victim can request that the court order the defendant in a sex crime case to undergo HIV testing. The statute doesn’t 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.

Indecent Exposure Under Carolina Law

Indecent Exposure (N.C. Gen. Stat. § 14-190.9) is defined as willfully exposing one’s private parts in a public place where there are likely to be other people present.

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.

Other Crimes Relating to Non-Consensual Sex Acts Under North Carolina Law

North Carolina law spells out several statutory sexual offenses. 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.

  • Statutory rape of a child by an adult (N.C. Gen. Stat. § 14-27.23): A person over the age of 18 is guilty of first-degree statutory rape when they engage in vaginal intercourse with someone under the age of 13. This is a Class B1 felony with a minimum mandatory sentence of 300 months. The court can sentence the defendant to more than 300 months, depending on the nature, severity, degree, and duration of the sexual conduct.
  • Statutory rape of a person 15 years old or younger (N.C. Gen. Stat. § 14-27.25): A defendant is guilty of a Class B1 felony if they engage in vaginal intercourse with someone 15 years of age or younger. If the defendant is over the age of 12 and five years older than the victim, it is a Class C felony.
  • Sexual activity with a student (N.C. Gen. Stat. § 14-27.32): A teacher, school administrator, student teacher, school safety officer, or coach who engages in sexual intercourse or other sexual act with a student at least four years younger is guilty of this crime. A conviction will result in a Class G felony, punishable by anywhere from 10 months to two years in prison.

Possible Legal Defenses to Prohibited Consensual Activity Laws in North Carolina

 

Actual innocence is always a defense to criminal charges. Consent and mistake of age are not valid defenses to statutory rape charges.

Romeo and Juliet Defense - 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.

Disclaimer: 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 criminal defense attorney or conduct legal research to verify your state laws.

North Carolina Prohibited Consensual Sexual Activity Laws: Related Resources

Facing Sex Crime Charges in North Carolina? Talk to an Attorney

Criminal prosecution for a sex crime can have serious consequences. If the state has charged you with any type of sex crime, consulting with an experienced North Carolina criminal defense attorney is a very good idea. A lawyer will examine your case, explain your legal issues and options, and help you develop a solid legal defense.

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