How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 103840
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Does the sex act have to occur in NC for one to be liable for

Customer Question

Does the sex act have to occur in NC for one to be liable for criminal conversation in NC?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
In order to get personal jurisdiction over the other person to sue them for criminal conversion or alienation of affection in NC, they would have to actually reside in the state of NC. NC is one of the minority of states with such a law that makes criminal conversation / alienation of affection unlawful and thus, the party needs to at least be a resident of the state, even though the act may have taken place out of the state.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.


You can always request me through my profile at or beginning your question with “For PaulMJD…”

YOU CAN ALSO GO TO and request me.

Customer: replied 5 years ago.
That is actually not completely correct. NC has a long-arm statute that covers acts/omissions (including but not limited to residency) that are sufficient to establish personal jurisdiction over the Defendant that is, in effect, a statutory "minimum contacts" analysis which ensures DP requirements are met over a non-resident in alienation or criminal conversation actions. A collegaue and I (both practicing family lawyers in NC) are debating whether the sex act has to occur in NC to make Defendant liable for this strict liability tort. In contrast, an alienation claim can be brought against a non-resident even where he has not stepped foot in the state if he has "minimum contacts" since the injury occurred to the marriage whose situs is NC where noninjured spouse resides here.
Expert:  Law Educator, Esq. replied 5 years ago.
Aside from the jurisdictional issue, the other issue here is whether or not a person who lives, for example in Pennsylvania where there is no such law about alienation or criminal conversation, would be subject to a NC law for having sex with a married person from NC while in PA, and I do not see a court enforcing that law against someone in PA who is not subject to the laws of the state of NC. Now, two people going from NC to PA and having sex then this would likely have a different argument because they are both from NC and arguably you could get NC law to apply based on the fact they are both subject to the laws of NC. And as far as minimum contacts goes, what I am saying is a person who resides in PA (back to our example) meets NC spouse online and NC spouse goes to PA for sex, well I would argue that you would have a difficult time showing minimum contacts with NC to gain any jurisdiction and that was what I was referring to in my first answer.

However, as far as the sex act I think you can make a very good case that if it is two NC residents or at least someone that NC has jurisdiction over (since you want to say "minimum contacts") then where the act occurs would be the actual act of criminal conversation and if the act does not occur in NC, that would be like charging someone with murder in NC for a murder that actually occurred in another state, even if it was a murder of a NC resident by another NC resident the state does not have jurisdiction to prosecute the murder from the other state.
Customer: replied 5 years ago.
In your example, the contacts could be established through phone calls or the internet communication that preceded the sex act out of state and that has been shown to be sufficient to establish jurisdiction over the non-resident in recent case law though I know it sounds odd. Anyway, I am probabaly chasing a rabbit since I am not sure if it has been decided yet or if there is a case on point as applies to criminal conversation (though on your facts, a judgment against a non-resident has been upheld based on phone calls, emails by our court of appeals). Thanks for your insight.
Expert:  Law Educator, Esq. replied 5 years ago.
I was going to try to impress you with a case, but my search came up empty as I guess it would be a case of first impression.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Previous | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL

Meet The Experts:

  • Ely


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I provide family and divorce law advice to my clients in my firm.
  • LawTalk's Avatar


    Attorney and Counselor at Law

    Satisfied Customers:

    30 years legal experience. I remain current in Family Law through regular continuing education.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years legal experience including family law
  • Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    Attorney experienced in all aspects of family law
  • Barrister's Avatar



    Satisfied Customers:

    Attorney with 15 years experience
  • AttorneyTom's Avatar



    Satisfied Customers: