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Samuel II
Samuel II, Attorney at Law
Category: Family Law
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Experience:  General practice of law with emphasis in family law.
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North Carolina law is unclear to me. 18 year old son wants to date 15 year old girl.

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North Carolina law is unclear to me.
18 year old son wants to date 15 year old girl. He says it's okay because he is less than 4 years older. But what happens if he touches her or they have sex? since age of consent is 16 in North Carolina? Doesn't appear it would be statutory rape unless he was 19, but what WOULD the charge be? I'm concerned.
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.

Hi

 

 

Here are the NC laws as the pertain to sex offenses. No other laws would apply.

 

§ 14-27.7A. Statutory rape or sexual offense of 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.

(b) A defendant is guilty of a Class C 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 more than four but less than six years older than the person, except when the defendant is lawfully married to the person.

 

14-202.1. Taking indecent liberties with children.

(a) 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:

(1) 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

(2) 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.

(b) Taking indecent liberties with children is punishable as a Class F felony.

 

Customer: replied 5 years ago.
Thank you but I already found this exact same information online. I wouldn't have paid you for what I could find myself. It does not answer my question.

It only addresses sex with a 15 year old if the person is MORE than 4 years older. What if he is 3 years older?
Expert:  Samuel II replied 5 years ago.

Hi

 

If he is three years older than the Statutory rape (14-27.7A) law would address that concern as it states "AT LEAST 6 years older..." or "more than 4 but less than 6".

 

You did not say you found those laws, and I try to provide support for all my answers to all the customers with the law, if possible. That is the only reason I provided it.

 

However, if he is less than 6 years older than she is, if they should have sexual relations, there can be no charge. However, her parents may not condone it and while your son cannot be criminally charged her parents may be able to get a restraining order against him to stay away from their daughter.

 

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