Sexual Relations with Teachers, Students and Others in Authority is a Sex Offense in North Carolina

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North Carolina criminalizes sexual acts between people, even where there is consent, if one person is in a position of power over the other person. For instance, if a victim is a minor in a household of an adult, and the adult has consensual sex with the minor, it may be a Class E felony.

In addition, teachers (and others in position of responsibility at public, private, or charitable non-profits or schools) who have sex with students or others in vulnerable positions may be convicted of sex crimes under North Carolina criminal codes.

Here are the statutes:

§ 14-27.7. Intercourse and sexual offenses with certain victims; consent no defense.
(a) If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class E felony.

Consent is not a defense to a charge under this section.
(b) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel, and who is at least four years older than the victim engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student, the defendant is guilty of a Class G felony, except when the defendant is lawfully married to the student. The term “same school” means a school at which the student is enrolled and the defendant is employed, assigned, or volunteers. A defendant who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and is less than four years older than the victim and engages in vaginal intercourse or a sexual act with a victim who is a student, is guilty of a Class A1 misdemeanor. This subsection shall apply unless the conduct is covered under some other provision of law providing for greater punishment. Consent is not a defense to a charge under this section. For purposes of this subsection, the terms “school”, “school personnel”, and “student” shall have the same meaning as in G.S. 14-202.4

(d). For purposes of this subsection, the term “school safety officer” shall include a school resource officer or any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools.

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