North Carolina § 14-178 - Incest.

§ 14-178. Incest.

Offense. - A person commits the offense of incest if the person engages in carnal intercourse with the person's (i) grandparent or grandchild, (ii) parent or child or stepchild or legally adopted child, (iii) brother or sister of the half or whole blood, or (iv) uncle, aunt, nephew, or niece. Punishment and Sentencing. - A person is guilty of a Class B1 felony if either of the following occurs: 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. The person commits incest against a child who is 13, 14, or 15 years old and the person is at least six years older than the child when the incest occurred. A person is guilty of a Class C felony if the person commits incest against a child who is 13, 14, or 15 and the person is more than four but less than six years older than the child when the incest occurred. In all other cases of incest, the parties are guilty of a Class F felony. No Liability for Children Under 16. - No child under the age of 16 is liable under this section if the other person is at least four years older when the incest occurred. History (1879, c. 16, s. 1; Code, s. 1060; Rev., s. 3351; 1911, c. 16; C.S., s. 4337; 1965, c. 132; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1192; 1994, Ex. Sess., c. 24, s. 14(c); 2002-119, s. 1.) Cross References. - For structured sentencing provisions, see G.S. 15A-1340.10 et seq. Editor's Note. - The preamble to Session Laws 2002-119, provides: "Whereas, despite the progress made in modernizing laws to protect children in North Carolina, a little-known loophole exists in the General Statutes of North Carolina that has very troubling consequences for some abused children; and "Whereas, this loophole allows far lesser penalties for perpetrators convicted of sexually assaulting their own children than for those who rape or molest other children; and "Whereas, this unintended disparity is the result of archaic incest laws that date to 1879; statutes that were originally intended to limit intermarriage among family members but now hamper modern efforts to fight sexual abuse of children; and "Whereas, this double standard, that essentially rewards perpetrators for the most unthinkable betrayal of a child's trust, does not reflect the values and goals of the citizens of North Carolina; and "Whereas, criminals who sexually assault children should be prosecuted without regard to familial relationship; Now, therefore, the General Assembly of North Carolina enacts:" Legal Periodicals. - For comment, "The Amy Jackson Law - A Look at the Constitutionality of North Carolina's Answer to Megan's Law," see 20 Campbell L. Rev. 347 (1998).