Question

What is a First Degree Sex Offense in North Carolina?

A. Patrick Roberts - Criminal Defense - Super Lawyers

Answered by: A. Patrick Roberts

Roberts Law Group, PLLC
Raleigh, NC
Phone: 919-706-0805
Fax: 919-573-0774

View Profile
Answer

There are generally two types of first degree sex offense. A first degree forcible sex offense is when a person engages in a sexual act with another by force and against the will of the other person with one of three aggravating factors. A sex offense occurs when the accused engages in a sexual act other than vaginal intercourse by force and against the will of the other person.  Vaginal intercourse by force and against the will of the other person usually falls under a rape statute. Examples of a sex offense could include oral penetration or digital penetration of the other person’s genitalia. “Force” refers to the manner in which the other person is made to engage in a sexual act against his or her will, not the sexual act itself. Actual, physical force is usually not required, and it can be sufficient to find a person guilty if the other person is forced by threat, fear, or duress. Evidence of physical resistance is not necessary to prove the sexual act was against the will of the other person. If the sexual act is begun consensually and the other person withdraws consent, no sex offense may have occurred. 

The forcible sexual act against the other person’s will becomes a first degree sex offense generally under three sets of circumstances. First, when the accused uses a dangerous weapon during the commission of a sexual offense, such as forcing the other person to engage in the sexual act with a firearm. Second, if the accused inflicts serious injury upon the other person while committing the sex offense, in many states it will rise to the level of a first degree sex offense. When the sex offense is aided by one or more individuals, that, too, is often elevated to a first degree sex offense. The specific circumstances leading to first degree forcible sex offense may vary from state to state.

A second type of first degree sex offense usually depends on the age of the other person. For instance, in North Carolina when a person engages in a sexual act with another person who is a child under the age of 13 years and the accused is at least 12 years old and is at least four years older than the other person, a first degree sex offense has occurred. 

This charge requires registration with the sex offender registry.

Read more: Forcible Sex Offense Charges And Penalties in North Carolina 

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By A. Patrick Roberts

DUI/DWI

What If I’m Arrested For DUI On Fort Bragg in North Carolina?

You face everything a civilian does when arrested for DUI: driver’s license suspension or revocation, a possible jail sentence, and insurance …

Answered by: A. Patrick Roberts

Criminal Law

How Do I Get A Felony Dropped Or Reduced To A Misdemeanor In North Carolina?

The answer is hire the best criminal defense lawyer you can find. And while that might sound like sarcasm, this answer gets close to the truth. An …

Answered by: A. Patrick Roberts

Criminal Law

How Do I Find The Right Criminal Defense Lawyer in North Carolina?

When facing criminal charges and seeking defense representation, an individual will first want the lawyer to be proficient in criminal law. A …

Answered by: A. Patrick Roberts

Other Answers About Sex Offenses

Sex Offenses

I am 18 and my girlfriend is 15. Can I be charged with statutory rape if we have sex in California?

While most people call it statutory rape, California law defines this as unlawful intercourse and the charge is a serious one. In most states, the …

Answered by: Ron Cordova

Sex Offenses

What does someone charged with a sex offense in Texas need to know?

After learning of a sex offense charge, the most critical action is to stay silent. Do not discuss the case with anyone, do not try to delete or hide …

Answered by: Jed R. Silverman

Sex Offenses

If I am convicted of a sex crime in Wisconsin, will I have to register as a sex offender?

Not every sex crime conviction requires registration as a sex offender. It is also important to note that no one must register, if it is required in …

Answered by: Christopher T. Van Wagner

Disclaimer:

If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 0.87182807922363 sec