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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Question re statute of limitation for filing sexual misconduct

Customer Question

Question re statute of limitation for filing sexual misconduct with a minor
in NC
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
Under NC Code 15-1, there is NO statute of limitations for any crime that is a felony. Thus it can be brought at any time.

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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92794
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
The charges would be for sexual misconduct (without intercourse). In the state of NC, please confirm this act is illegal between a 26 and 13 yr old.

How to go about filing charges? Hire a lawyer? File with the district attorney? Would it be tried as a civil suit or a criminal case?

Expert:  Law Educator, Esq. replied 5 years ago.

§ 14-27.4A Sexual offense with a child; adult offender.

(a) 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.

(b) A person convicted of violating this section is guilty of a Class B1 felony and shall be sentenced pursuant to Article 81B of Chapter 15A of the General Statutes, except that in no case shall the person receive an active punishment of less than 300 months, and except as provided in subsection (c) of this section. Following the termination of active punishment, the person shall be enrolled in satellite-based monitoring for life pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes.

It would be a criminal case. You could also bring a suit for damages in civil court after the criminal case.

Customer: replied 5 years ago.

I was 13 when I came to this country and we stayed in his motel (doing housekeeping to help him out in return for being able to stay there).

However, I was 14 when he began molesting me. Does this fall under a different category -statutory rape?

I came across the following for NC:

G.S. 14-27.7A Statutory rape or sex offense of a person who is 13, 14, or 15 years old

(a) A defendant is guilty of a Class B1 felony 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.

Expert:  Law Educator, Esq. replied 5 years ago.
If there was vaginal intercourse then it fits.
Customer: replied 5 years ago.

G.S. 14-27.7A Statutory rape or sex offense of a person who is 13, 14, or 15 years old

(a) A defendant is guilty of a Class B1 felony 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.


No vaginal intercourse, but molestation (fondling etc) over a period of 1 yr . Would this be considered a sexual act?
Expert:  Law Educator, Esq. replied 5 years ago.
Molestation would generally be considered a sexual act under the statute.

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Law Educator, Esq.
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