What is First Degree Rape in North Carolina?

First Degree Rape is punishable as a B1 felony. In 2009, North Carolina passed a mandatory minimum of 25 years for this crime.

First Degree Rape depends on the use of force or threat of force, or on the age difference between the victim and the defendant.

Note that just because there wasn’t full penetration, doesn’t mean that that rape can’t be  proved. A rape merely requires proof of penetration, “however slight.” Penetration doesn’t have to occur with the penis. A first degree sex offense is committed if someone uses fingers, other implements, and so on.

Here are the statutes for first degree rape and first degree sex offense.

§ 14-27.2. First-degree rape.
(a) A person is guilty of rape in the first degree if the person engages in vaginal intercourse:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person,
and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person;
or
c. The person commits the offense aided and abetted by one or more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1 felony.
(c) Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes.

§ 14-27.4. First-degree sexual offense.
(a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person, and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person;
or
c. The person commits the offense aided and abetted by one or
more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1 felony.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.