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No events on calendar for this bill.
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Ref To Com On Rules and Operations of the SenateSenate2023-04-04Passed 1st ReadingSenate2023-04-04Filed
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FiledNo fiscal notes available.Edition 1No fiscal notes available.
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CHILD ABUSE
CRIMES
MINORS
PUBLIC
SEX OFFENSES
FAMILY ISSUES
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14 (Chapters); 14-178
14-190.7
14-202.1
14-202.2
14-27.25
14-27.30 (Sections)
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No counties specifically cited.
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S464: Raise the Age of Sexual Consent. Latest Version
Session: 2023 - 2024
AN ACT to increase the age of sexual consent from 16 years of age to 18 years of age.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑27.25 reads as rewritten:
§ 14‑27.25. Statutory rape of person who is 15 17 years of age or younger.
(a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse with another person who is 15 17 years of age or younger and the defendant is at east 12 years old and at least six four years older than the person, except when the defendant is lawfully married to the person.
(b) Unless the conduct is covered under some other provision of law providing greater punishment, a defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse with another person who is 15 17 years of age or younger and the defendant is at least 12 years old and more than four two but less than six four years older than the person, except when the defendant is lawfully married to the person.
SECTION 2. G.S. 14‑27.30 reads as rewritten:
§ 14‑27.30. Statutory sexual offense with a person who is 15 17 years of age or younger.
(a) A defendant is guilty of a Class B1 felony if the defendant engages in a sexual act with another person who is 15 17 years of age or younger and the defendant is at least 12 years old and at least six four years older than the person, except when the defendant is lawfully married to the person.
(b) Unless the conduct is covered under some other provision of law providing greater punishment, a defendant is guilty of a Class C felony if the defendant engages in a sexual act with another person who is 15 17 years of age or younger and the defendant is at least 12 years old and more than four two but less than six four years older than the person, except when the defendant is lawfully married to the person.
SECTION 3. G.S. 14‑178 reads as rewritten:
§ 14‑178. Incest.
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(b) Punishment and Sentencing. –
(1) A person is guilty of a Class B1 felony if either of the following occurs:
a. The person commits incest against a child under the age of 13 and the person is at least 12 years old and is at least four years older than the child when the incest occurred.
b. The person commits incest against a child who is 13, 14, or 15 15, 16, or 17 years old and the person is at least six years older than the child when the incest occurred.
(2) A person is guilty of a Class C felony if the person commits incest against a child who is 13, 14, or 15 15, 16, or 17 years old and the person is more than four but less than six years older than the child when the incest occurred.
(3) In all other cases of incest, the parties are guilty of a Class F felony.
(c) No Liability for Children Under 16. 18. – No child under the age of 16 18 is liable under this section if the other person is at least four years older when the incest occurred.
SECTION 4. G.S. 14‑190.7 reads as rewritten:
§ 14‑190.7. Dissemination to minors under the age of 16 18 years.
Every person 18 years of age or older who knowingly disseminates to any minor under the age of 16 18 years any material which he the person knows or reasonably should know to be obscene within the meaning of G.S. 14‑190.1 shall be guilty of a Class I felony.
SECTION 5. G.S. 14‑202.1 reads as rewritten:
§ 14‑202.1. Taking indecent liberties with children.
(a) A person is guilty of taking indecent liberties with children if, being 16 18 years of age or more and at least five years older than the child in question, he either:the person does either of the following:
(1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 18 years for the purpose of arousing or gratifying sexual desire; ordesire.
(2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 18 years.
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SECTION 6. G.S. 14‑202.2 reads as rewritten:
§ 14‑202.2. Indecent liberties between children.
(a) A person who is under the age of 16 18 years is guilty of taking indecent liberties with children if the person either:does either of the following:
(1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire; ordesire.
(2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire.
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SECTION 7. This act becomes effective December 1, 2023, and applies to offenses committed on or after that date.