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Statutes of Limitations

Sexual Offense Statutes

N.C. Gen. Stat. § 14-27.2 Rape, first degree

  • Class B1 felony
    • A person is guilty of rape in the first degree if the person engages in vaginal intercourse:
      • With a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
      • With another person by force; and
      • Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
      • Inflicts serious personal injury upon the victim or another person; or
      • Person commits the offense aided and abetted by one or more other person.

N.C. Gen. Stat. § 14-27.2A Rape of a child (under 13); adult offender

  • Class B1 felony
  • A person is guilty of rape of a child if the person is at least 18 years of age and engages in vaginal intercourse with a victim who is a child under the age of 13 years.

N.C. Gen. Stat. § 14-27.3 Rape, second degree

  • Class C felony
    • A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:
      • By force and against the will of the other person; or
      • Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.

N.C. Gen. Stat. § 14-27.4 Sexual offense, first degree

  • Class B1 felony
    • A person is guilty of a sexual offense in the first degree if the person engages in a sexual act:
      • With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
      • With another person by force and against the will of the other person, and:

       

        • Employs or displays a dangerous or deadly weapon or or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
        • Inflicts serious personal injury upon the victim or another person; or
        • Person commits the offense aided and abetted by one or more other persons.

N.C. Gen. Stat. § 14-27.4A Sexual offense with a child (under 13); adult offender

  • Class B1 felony
  • A person is guilty of sexual offense with a child if the person is at least 18 years of age and engages in a sexual act with a victim who is a child under the age of 13 years.

N.C. Gen. Stat. § 14-27.5 Sexual offense, second degree

  • Class C felony
    • A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person:
      • By force and against the will of the other person; or
      • Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.

N.C. Gen. Stat. § 14-27.5A Sexual battery

  • Class A1 misdemeanor
    • A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person:
      • By force and against the will of the other person; or
      • Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.

N.C. Gen. Stat. § 14-27.7 Intercourse and sexual offenses with certain victims; consent no defense

  • Class E felony
  • An offender is guilty of this offense if the offender, who has assumed the position of a parent in the home of a minor victim or is a person having custody of a victim of any age or a person who is an agent or employee of any person, institution, whether such institution is private, charitable or governmental, having custody of a victim of any age, engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home. Consent is not a defense.

Class G felony

  • An offender is guilty of this offense if the offender, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel, and who is at least four years older than the victim engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student, except when the defendant is lawfully married to the student. Consent is not a defense.

Class A1 misdemeanor

  • An offender is guilty of this offense if the offender, who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and is less than four years older than the victim, engages in vaginal intercourse or a sexual act with a victim who is a student.  Consent is not a defense.

N.C. Gen. Stat. § 14-27.7A Statutory rape or sexual offense of a person who is 13, 14, or 15 years old

  • Class B1 felony
    • A defendant is guilty of this crime if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person.
  • Class C felony
    • A defendant is guilty of this crime if the defendant engages in vaginal intercourse or a 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 person, except when the defendant is lawfully married to the person.

N.C. Gen. Stat. § 14-178 Incest

  • A person commits the offense of incest if the person engages in carnal intercourse with the person’s (i) grandparent or grandchild, (ii) parent or child or stepchild or legally adopted child, (iii) brother or sister of the half or whole blood, or (iv) uncle, aunt, nephew, or niece. No child under the age of 16 is liable under this section if the other person is at least four years older when the incest occurred.
  • Class B1 felony
    • When the offender commits incest against a child under the age of 13 and the person is at least 12 years old and is at least four years older than the child when the incest occurred, or
    • When the offender commits incest against a child who is 13, 14, or 15 and the person is at least six years older than the child when the incest occurred
  • Class C felony
    • When the offender commits incest against a child who is 13, 14, or 15 and the person is more than four but less than six years older than the child when the incest occurred.
  • Class F felony
    • All other cases of incest not described above.

N.C. Gen. Stat. § 14-202.1 Taking indecent liberties with children

  • Class F felony
    • A person is guilty of taking indecent liberties with children if, being 16 years of age or more and at least five years older than the child in question, he either:
      • Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire; or
      • Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years.

N.C. Gen. Stat. § 14-202.2 Indecent liberties between children

  • Class 1 misdemeanor
    • A person who is under the age of 16 years is guilty of taking indecent liberties with children if the person either:
      • Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire; or
      • Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire.

N.C. Gen. Stat. § 14-202.4 Taking indecent liberties with a student

  • Class I  felony

 

    • An offender is guilty of this crime when the offender, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel and is at least four years older than the victim, takes indecent liberties with a victim who is a student, unless the person is lawfully married to the student.
  • Class A1 misdemeanor
    • An offender is guilty of this offense if the offender, who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and who is less than four years older than the victim, takes indecent liberties with a student as provided above.  Consent is not a defense.

 

STATUTE OF LIMITATIONS

State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973)

  • No statute of limitations for any felony

State v. Taylor, 713 S.E.2d 82, 90 (N.C. Ct. App. 2011) (same)

  • N.C. Gen. Stat. § 15-1 Statute of limitations for misdemeanors

    For all misdemeanors except malicious misdemeanors, within two years after commission of the offense

 

DNA EXCEPTION

None Specified

 

 


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For reprint permission, please contact RAINN's Policy Manager, Rebecca O'Connor, at policy@rainn.org. Last updated: February 2014.
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