Dating Age Laws in North Carolina: What You Should Know

Legal Age of Consent in North Carolina

The law sets a "legal" age when a person is deemed capable of consenting to sex. Because those under the legal age of consent are considered unable to make a rational decision to consent, the offense of statutory rape is categorized under the wider-ranging category of sexual assault. Statutory rape laws exist to protect people of the age of consent from sexual exploitation. Without these laws, people in positions of power, such as parents or others in trusted positions, could exploit their relationships for sexual gains against the children entrusted to their care. In North Carolina , the legal age of consent is 16. Although most people are able to consent to sexual activity at this age, limits are placed on the types of relationships that individuals can engage in. According to North Carolina statute N.C.G.S. §14-27.4, it is a crime for an individual to engage in sexual activity with a juvenile who is at least 13 years old and less than 16 years old, if the actor is an adult or a juvenile who is 16 years of age or older, and the act is with any of the following: Engaging in sexual activity with a victim described in the statute is a Class B1 felony.

Statutory Rape and Penalties

In North Carolina, the legal age of consent to sexual activity is 16 years old. This means that it is not a crime for someone at least 16 years old to engage in consensual sexual relations with a person of any age who is also at least 16 years old. If the younger party is more than 6 years younger than the elder party, however, the elder party will be charged with a sexual offense under North Carolina law.
The statutory rape of a child less than 15 years old in North Carolina is a Class B1 felony. Supposedly, the purpose of this classification is to spare victims age 15 and younger the humiliation of testifying against their rapists, but the law has actually spared only the rapists.
A Class B1 felony in North Carolina carries a presumptive prison sentence of 144-182 months (12 years – 15.25 years). A defendant who is offered a plea deal to reduce the charge to a Class C felony will receive a sentence of 77-102 months (nearly 6.5 – 8.5 years) if convicted of that crime. Conviction of sexual assault on a person between the ages of 15 and 18 is also a Class C felony. If the victim is 15 years old or younger and the defendant is under 4 years older than the victim, a plea deal to a lesser crime is likely.
A Class A felony is one in which the defendant may be sentenced to death if convicted. Because the punishments for sexual violence in North Carolina are so harsh, it is important for every defendant to know and fully understand the charges he or she faces.

Exemptions for Closely-Aged Parties

Additionally, many states have what are commonly called "Romeo and Juliet" laws that exempt close-in-age couples from statutory rape laws. These laws, which are actually part of legislative acts aimed at preventing the false allegation of a rape charge when there is an underage female and male who is just a year or two older, exempt from prosecution a defendant’s sexual contact with a minor who is just a year or two younger than the defendant. North Carolina, along with 19 other states, has a provision exempting conduct with a minor who is at least 15 years of age and is not more than four years younger than the defendant.
This law does not apply if the defendant is over 18 years of age, or if the defendant was ever in a position of authority with respect to the victim, or if the defendant ever employed, supervised, or otherwise took advantage of a position of power over the victim, or if the defendant ever represented himself or herself as being more than 4 years older than the victim. A violation of this law is a Class A1 misdemeanor, which makes it inch close to the level of a Class I felony.

Additional Restrictions and Considerations

A valid dating relationship may be voidable if the adult partner is under the impression that the minor involved in the relationship has reached the age of consent. For example, if an adult believes that the minor is sixteen years of age, but unbeknownst to the adult, the minor is only fourteen years of age, the minor may elect whether or not to void the relationship after reaching the age of consent. Conversely, the law can presume that the adult has at least reasonable cause to believe the minor was nineteen and therefore of the legal age of consent. Misrepresentation by the minor is a defense to liability; the adult must have been unaware of the minor’s age in order to be fully exculpated from legal liability.
When two minors form a valid dating relationship , the relationship does not necessarily have to be voidable. Any contractual obligations incurred during the relationship may be binding on the minor, although the minor may elect to void the contract at any time if it is against his or her best interests. If the minor does not elect to void the contract, he or she will be held to the obligations imposed by it. Minor children who are married have the option of filing for an annulment or a divorce.
A minor may be subject to emancipation, or the termination of his or her parents’ legal responsibility for providing basic care, child support, health care, education, and other necessities. In North Carolina, the age of emancipation is eighteen. However, emancipation laws vary by state; therefore, the first step is to determine the current age of consent in your state.

Resources and Support

If you feel strongly that your dating age issue requires legal consultation, let us know of your desires and we will see if we can advise you. We can have a phone or in person consultation (fee applies). Our law firm staff have handled a number of civil and criminal matters relating to relationships, domestic relations, romantic encounters , and marital issues with positive results. Our staff have created true client satisfaction by taking aggressive positions and handling these issues fairly and professionally. It is our hope that the information contained in this blog will give you a better idea of how North Carolina laws related to dating age work and we hope this blog proves helpful.