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Age of consent in north carolina
Anonymous6 views6 answers
I live in NC. If I'm 26 and I have sex with a 17 year old and didn't find out til after the fact she was that age, but she wanted to willingly can I still get in trouble? My ex girlfriend found out and is threatening to turn me in. Pictures were also exchanged. But from my understanding age of consent is 16 so I should be ok correct?
The age of consent in NC is 16 so you can't be prosecuted for statutory rape. It should be noted though that if she were below the age, then it would not matter if you thought she was older. ONly her actual age matters.
However, the pictures could be a problem for you. Receiving nude pictures from a person less than 18 could make you vulnerable to possession of child pornography charges. Age of consent only deals with sex. And if you sent pictures, possible charges involving exposing yourself to a minor.
She was of the age of consent if she was already 17 at the time you had sex with her, but please remember, if your GF decides to kick your butt, it is not a violation of your 8th amendment rights. And if her Dad or brother kick your butt, same thing. I'm certainly not suggesting that your girlfriend or her male family members should assault you, but you've certainly left yourself open to a , as we say in NC, good whupping.
Now, if by "pictures" you mean you sexted a minor, you are looking at both state and (potentially) federal charges. Felonies. And if she sexted you back, the 17 year old faces the same charges.
So, no, you should not be okay. You need a lawyer. You need a lawyer badly. And you need to apologize to your GF for running around on her. On your knees. With roses. And the admission you were a total jerk and with a sincere promise that you will NEVER do this again. Maybe then she won't go to the cops to rat you out .
Paul Y. K. CastleCriminal Defense AttorneyJacksonville, NC ·
Even if the female was over the age of 16, the circumstances under which you had sex with her could make a critical difference. In North Carolina, if you assume the position of a parent in the home of a minor (where a minor is defined as a person under the age of 18) and engages in a sexual act with the minor, you are guilty of a class E felony. Further, if you are a teacher or a school administrator and engages in a sexual act with a student at the school, you are guilty of a class G felony. Consent of the minor is no defense in either situation.
Turning to your alleged possession of the minor's naked pictures, you are guilty of a criminal offense in North Carolina, only if those pictures depict her engaging in sexual activity. Her appearing naked in the photos alone is not enough to make you guilty. Having said that, I would get rid of any electronic medium in which you have those pictures stored, be it your cell phone or your computer. Good luck.