If you have been accused of a sex crime in North Carolina, one of the most pressing questions on your mind is probably whether or not you will need to file as a sex offender.
In this post, we’re going to cover which sex crimes require registration and which ones don’t. Keep in mind, though, that the specific details of your case matter. If you want to know for sure what you’re up against, the best bet is to consult with a knowledgeable defense attorney.
Sex Crimes in North Carolina That Require Registration
There are a lot of sex offenses listed under the North Carolina statutes. If you are convicted of any of the following sex crimes, you will be required to register as a sex offender.
First Degree Rape
Vaginal intercourse without consent and with the use of force, in addition to the use of a dangerous or deadly weapon, commission aided or abetted by others, and/or serious bodily injury to the victim.
Second Degree Rape
Vaginal intercourse without consent and with the use of force.
First Degree Sexual Offense
Sexual acts without consent and with the use of force, in addition to the use of a weapon, commission aided or abetted by others, and/or serious injury to the victim.
Second Degree Sexual Offense
Sexual acts without consent and with the use of force.
Sexual Battery
Sexual contact without consent and with the use of force (i.e., forced fondling).
Sexual Servitude
Knowingly subjecting or maintaining an adult at least 18 years old in sexual servitude.
Rape of a Child by an Adult
Vaginal intercourse with victim under 13 years of age when defendant’s age is at least 18.
First Degree Rape of Child
Vaginal intercourse with victim under 13 years of age when defendant’s age is at least 12 and older than victim by at least four years.
Second Degree Rape
Vaginal intercourse with a victim when the defendant knew or should have known the victim to be physically or mentally unable to consent or defend themselves.
Sexual Offense of a Child by an Adult
Sexual acts with victim under 13 years of age when defendant’s age is at least 18.
First Degree Sexual Offense
Sexual acts with victim under 13 years of age when defendant’s age is at least 12 and older than the victim by at least four years.
Sexual acts with victim when the defendant knew or should have known the victim to be physically or mentally unable to consent or defend himself or herself.
Sexual Battery
Sexual contact with victim when the defendant knew or should have known the victim to be physically or mentally unable to consent or defend himself or herself.
Sexual Servitude of Minors
Knowingly subjecting or maintaining a minor under 18 years old in sexual servitude.
Statutory Rape upon 13-, 14- or 15-year-old
Vaginal intercourse or sexual act upon a 13-, 14- or 15-year-old by defendant at least five years older than the victim.
Indecent Liberties with a Child
Willfully taking indecent, improper, or immoral liberties with a victim under age 16 for sexual arousal or gratification. Also, willfully committing a lewd or lascivious act on a body part of a victim under age 16. In both situations, defendant must be at least 16 years old and at least five years older than the victim.
Indecent Liberties with a Student
Lewd or indecent acts with a student by a member of school personnel, administration, teaching or coaching staff, or a school safety officer.
Vaginal Intercourse and Sexual Offenses with Certain Victims
This is a felony for a defendant who is a caretaker of a minors or for a defendant who is a member of school personnel, administration, teaching or coaching staff, or a school safety officer.
Indecent Exposure
Willfully exposing private parts in public places while others are present.
Computer Solicitation of a Child
Soliciting a minor under age 16 through the use of a computer or electronic device.
Employing or Permitting a Minor to Assist in an Obscenity Offense
Knowingly hiring, employing, or permitting a minor under age 16 to commit or assist in an obscenity offense.
Sexual Exploitation of a Minor
Knowingly coercing, using, or facilitating a minor to engage in sexual acts for a visual representation or live performance.
Promoting Prostitution of a Minor
Knowingly forcing, enticing, facilitating, supervising or supporting a minor for prostitution.
Participating in the Prostitution of a Minor
Defendant solicits or pays for a minor to perform acts of prostitution.
North Carolina Sex Crimes That Do Not Require Registration
These sex crimes carry legal penalties but do not require registry in the sex offender database.
- Adult Prostitution
- Bigamy
- Child abuse
- Contributing to the Delinquency of a Minor
- Crime Against Nature
- Incest
- Indecent Liberties with a Child by a Juvenile Defendant
As you can see, the vast majority of sexual offenses in our state require registration as a sex offender – something that can limit your opportunities and make surviving much harder for the rest of your life. If you are charged, it is essential that you start building the strongest possible defense.
