North Carolina Prohibited Consensual Sexual Activity Laws

North Carolina repealed its anti-sodomy statute in 2005.

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.

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 (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.

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.

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.