Punishment for Crimes Against Children

The District Attorney’s Office constantly receives calls from concerned citizens or victims asking us to clarify child abuse laws in North Carolina and explain what the punishments for each offense is. We would like to take this opportunity to help the public understand how serious these crimes are and how dedicated we are to prosecuting defendants who commit crimes against children.

The District Attorney’s Office is the agency responsible for prosecuting defendants who commit crimes against children. The information below outlines some of the crimes and possible punishments for sexual assaults committed against children.

In the state of North Carolina felony criminal offenses are assigned Classes, designated by the letters (A – I), with (A) being the most serious.

Each Class has a minimum and maximum number of months that a defendant may be sentenced to serve. The length of any active prison sentence is determined by the sentencing Judge, and is based in large part on a defendant’s prior criminal record. Class A through D felonies require that a defendant serve an active prison sentence upon conviction. Class E through I felonies may require the defendant to serve an active prison sentence or be placed on probation, depending among other factors, on the class felony committed and the defendant’s prior criminal record.

The possible active sentence for each Class is as follows:

Class  Minimum and Maximum Possible Active Sentence

B1       144 months - 480 months or Life Without Parole

C           44 months - 210 months

D           38 months - 183 months

E           15 months -   74 months

F            10 months -   49 months

G             8 months -   36 months

H             4 months -   25 months

I               3 months -   12 months

The following breakdown of felony offenses applies to Sexual Assaults against children only. The information provided shows only the age differences that will lead to felony prosecution and does not include any other elements of the crimes.

The age differences must be measured from the defendant’s birthday to the victim’s birthday to satisfy the number of years constituting a crime.

Defendant being misled about victim’s age is not a defense.

Consent is not a defense for children under the age of 16.

Consent is not a defense for victims that are mentally incapacitated or students.

The definition of rape is “any penetration of the female sex organ by the male

sex organ, however slight”.

First-Degree Statutory Rape or Statutory Sexual Offense (Other Acts)       Class

Victim is under the age of 13                                                                                     B1

            Defendant is at least 12 and at least 4 years older than victim.

Second-Degree Forcible Rape or Forcible Sexual Offense (Other Acts)    Class

Victim is mentally incapacitated or physically helpless                                          C

(Mentally retarded, unconscious, so intoxicated unable to communicate)

Statutory Rape of Person who is 13,14,15 or

Statutory Sexual Offense (Other Acts) against Person who is 13,14,15      Class

Victim is 13, 14, 15

            Defendant is at least 6 years older than victim                                       B1

            Defendant is more than 4 but less than 6 years older              C

Sexual Activity by Substitute Parent                                                                Class

Victim is less than 18 years old                                                                                 E

            Defendant  has assumed position of a parent in home

Incest between Near Relatives                                                                           Class

Victim can be any age/ for victims under 16 this will be additional charge          B1

            Defendant is Parent, Step-parent, Grandparent, Adoptive-Parent,

            Brother, Sister

Indecent Liberties with a Child                                                                           Class

Victim is under the age of 16                                                                                     F

            Defendant is at least 16 and 5 years older than victim

            Includes any immoral, improper or indecent act, or attempt to

            commit such act

Sexual Activity between School Personnel and Student                            Class

Victim (student) is over the age of 16 and is enrolled at same                              G

school as defendant

Solicitation of Child by Computer to Commit Unlawful Sex Act                Class

Victim is less than 16 and at least 3 years younger than defendant                     H

            Defendant is 16 or older. Transmission that constitutes

            offense either originates in the State or is received in the State

Child Pornography                                                                                                Class

1^st Degree Sexual Exploitation of a Minor……………………………………D

Victim is less than 18 years old

            Produces, records, photographs, films, develops, duplicates or sells

            a visual representation depicting a minor engaged in sexual  activity

2^nd Degree Sexual Exploitation of a Minor…………………………………...F

Victim is less than 18 years old

            Records, photographs, films, develops, duplicates or sells

            a visual representation depicting a minor engaged in sexual  activity

3^rd Degree Sexual Exploitation of a Minor……………………………….…...I

Victim is less than 18 years old

            Possess a visual representation depicting a minor engaged

in sexual  activity

The First Prosecutorial District includes seven counties, Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans. The District Attorney’s Office for these counties in located at 113 N. Elliott Street, Elizabeth City, North Carolina. If you have any questions about the above information please call our office at 252-331-4743 and ask for Kathy Nixon.