In most states it is a criminal offense (statutory rape) to have sexual intercourse with a person under the age of consent—which is usually between 16 and 18 years of age. These laws are premised on the belief that a person under the age of consent is not capable of giving informed consent to sexual intercourse—even if the person was a willing participant.
Statutory rape may be prosecuted as a misdemeanor offense or as a felony offense—depending on the state’s laws and the ages and circumstances of the sexual activity. Statutory rape laws are generally located in a state’s statutes—often in the penal or criminal code.
But many states recognize a defense to such a criminal offense if the persons engaged in the sexual activity were close in age—within three years, for example—provided the persons were at least 14 years of age, for example. These laws are sometimes called Romeo-and-Juliet laws, and are generally located in a state’s statutes—often in the penal or criminal code.
In North Carolina, statutory rape laws are codified under the North Carolina General Statutes, specifically in Chapter 14, Article 7A. The age of consent in North Carolina is 16 years old. It is a criminal offense to engage in sexual activity with a person who is under the age of consent, and this can be prosecuted as statutory rape. The severity of the charges can vary from misdemeanor to felony, depending on factors such as the age difference between the parties and whether the defendant is in a position of authority over the minor. North Carolina does have a 'Romeo and Juliet' law, which provides a legal defense for a person who engages in consensual sexual activity with a minor who is at least 13 years old, as long as the age difference between the two individuals is four years or less. However, this defense is not applicable if the defendant is in a position of authority over the minor. It's important for individuals to be aware of these laws and the potential legal consequences of engaging in sexual activity with minors.