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Question
My daughter is 15 and the boy is 18. We made it very clear we would pursue criminal charges if he tried anything. We just found out they had sex more than once. I am going down to the courthouse monday. what is the most I can get him for?And what is the penalty for such?Thank you.
Submitted: 211 days and 23 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Fayetteville, North Carolina
Already Tried:
Nothing. We just found out. I want to go kill him, but I am trying the legal way first.
Posted by
Jack R.
211 days and 23 hours ago.
Info Request
What state are you in ?
211 days and 22 hours ago.
Reply
I live in Fayetteville, NC The boy lives in Spring Lake, NC
Accepted Answer
I can understabd the disappointment, and sense of betrayal, but first of all please do not contemplate any violence aginst the boy, effectively still a child. The laws in North Carolina require an age differntial of at least for years to press charges against the 18 year old. SInce your daughter was 15, and the boy 18 you may nnot have a legal basis to press criminal charges. The law read:
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.
(b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person and the person 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.
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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
Expert:
Jack R.
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Answered:
4/11/2009
Attorney
OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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