If you have been charged with a sex offense in North Carolina, you need a skilled criminal defense attorney. The exception is if the defendant is lawfully married to the victim. One such crime is sexual battery.
Second-degree sexual offense A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person: Statutory Rape of a Person Who Is 13, 14, or 15 Years Old by a Defendant Who Is at Least Six Years Older Than the Victim A defendant is guilty of the above stated crime if the defendant engages in any sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the victim. One such crime is sexual battery. It does not involve any penetration of a sexual nature, nor does it include any form of oral sex. First Degree Forcible Sex Offense A defendant is guilty of a 1st degree sex offense if the defendant engages in a sexual act: Contact Us Sexual Offense If you have been arrested for sexual offense, you are facing a very serious charge with very serious consequences. Resources Rape and Sexual Assault Laws in North Carolina In North Carolina, sexual assault is prosecuted as first- or second-degree rape, first- or second-degree sexual offense, or sexual battery. Under certain circumstances, a person convicted of sexual offense in North Carolina can receive a punishment of life imprisonment without parole. A first degree forcible sexual offense is a forcible sexual offense that involves: A person is guilty of rape in the first degree if the person engages in vaginal intercourse: The use or display of a dangerous or deadly weapon or an item that the victim reasonably thought was a deadly or dangerous weapon; Infliction of a serious physical injury to the victim or another person; OR Assistance provided by one or more people when committing the crime Is Second Degree Forcible Sexual Offense a Misdemeanor? The exception is if the defendant is lawfully married to the victim. A person who commits second-degree sexual offense is guilty of a Class C felony. The punishment for a Class A1 misdemeanor ranges from days, depending on prior convictions. First-degree sexual offense A person is guilty of a sexual offense in the first degree if the person engages in a sexual act: A person is guilty of sexual battery if that person engages in sexual contact for the purpose of sexual arousal, sexual gratification, or sexual abuse with a person by force and against the will of the other person, or with a person who is mentally disabled, mentally incapacitated, or physically helpless. Indecent Liberties With a Child A defendant is guilty of taking indecent liberties with a child if, being at least 16 years of age and five years older than the child in question, he or she either: However, while a person with no prior convictions might receive a community punishment, he might also receive an active punishment. Uses or displays a dangerous or deadly weapon or an item that the victim could reasonably believe to be a dangerous or deadly weapon, to aid in the commission of the act; or Inflicts serious bodily injury on the victim or another person, while committing the act; or The offense is committed with the assistance by at least one other person. If the sexual act at issue is cunnilingus, fellatio or analingus, penetration is not required. If the person is at least four but less than six years older than the minor, that person commits a Class C felony by engaging in a sexual act with the minor. Contact a North Carolina lawyer for help with your case. If the person kidnapped was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree. This means that a person with no prior convictions can be sentenced to up to 60 days of jail time if he is found guilty sexual battery. However, the statutes contain much of the same language and other elements. The statutory sexual offense provision does not require that the sexual act be non-consensual.
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