Sex Crimes Lawyer

If you have been accused of a sex crime, you need to contact an experienced sex crimes lawyer as soon as possible. North Carolina’s laws outlining sexual offenses make distinctions between touching, sexual contact, sex acts, and vaginal intercourse.

The specific offense you face and the level of the charge will depend on the exact allegations regarding your conduct. Your age and the age of the alleged victim will also influence the charges against you.

Whether you are accused of a misdemeanor or felony sex offense, you need an experienced and trusted criminal lawyer by your side. Breeden Law Office will fight hard to prove your innocence in court while also seeking to minimize any consequences of a conviction.

Call attorney Jonathan Breeden at today, or contact him online to schedule your initial, confidential consultation.

North Carolina Sex Offenses

Based on North Carolina law, some of the potential sex offenses you may face include:

• Sexual battery- Under North Carolina code §14-27.5A, you may be found guilty of sexual battery if, “for the purpose of sexual arousal, gratification, or abuse, you engaged in sexual contact with another person who was mentally disabled, mentally incapacitated, or physically helpless or by force and against the other person’s will.” Sexual contact means touching any sex organ, breast, anus, buttocks, or groin of another person, touching another individual with your sex organ, breast, anus, buttocks, or groin, or emitting semen, urine, or feces onto another person. This offense is a class A1 misdemeanor.
• Second-degree forcible sexual offense- According to General Statute (G.S.) §14-27.27, you can be found guilty of second-degree forcible sexual offense if you “engage in a sexual act with another person who was mentally disabled, mentally incapacitated, or physically helpless or by force and against the other person’s will.” A sexual act includes oral and anal sex, but not vaginal intercourse. It also includes the penetration, however slight, of the genitals or anus of another by any object. This is a class C felony.
• First-degree forcible sexual offense- Based on G.S. §14-27.26, you can be convicted of first-degree forcible sexual offense if you engage in a sexual act with another person by force and do one of the following: employ or display a dangerous or deadly weapon, inflict serious personal injury, or you were aided and abetted by one or more other people. This is a class B1 felony.
• Second-degree forcible rape- G.S. §14-27.22 states you can be found guilty of this offense if you engage in vaginal intercourse with another person who was mentally disabled, mentally incapacitated, or physically helpless, or by force and against the other person’s will. This is a class C felony.
• First-degree forcible rape- Under G.S. §14-27.21, you can be convicted of first-degree forcible rape if engage in vaginal intercourse with another person by force and against their will and do one of the following: employ or display a dangerous or deadly weapon, inflict serious personal injury, or you were aided and abetted by one or more other people. This is a class B1 felony.
• Statutory rape of a child by an adult- G.S. §14-27.23 states you may be found guilty of this offense if you are at least 18 years old and you have vaginal intercourse with a child who is under 13 years old. This is a class B1 felony.
• First-degree statutory rape- Under G.S. §14-27.24, you can be found guilty of first-degree statutory rape if you are at least 12 years old and at least four years older than the victim who is under 13 years old and you engage in vaginal intercourse with the victim. This is a class B1 felony.
• Statutory sexual offense with a child by an adult- G.S. §14-27.28 states you may be convicted of a crime if you are at least 18 years old and engage in a sexual act with a child under the age of 13. This is a class B1 felony.
• First-degree statutory offense- Based on G.S. §14-27.29, you can be found guilty of this offense if you engage in a sexual act with a victim who is younger than 13 and you are at least 12 years old and at least four years older than the victim. This is a class B1 felony.
• Taking indecent liberties with children- G.S. §14-202.1 states you may be found guilty of taking indecent liberties with children if you are at least 20 years old and at least five years older than the victim and you either willfully take or attempt to take any immoral, improper, or indecent liberty with a child under 16 for the purpose of sexual arousal, desire, or gratification; or willfully commit or attempt to commit any lewd or lascivious act upon or with a child under 20 years of age. This is a class F felony.
• Third-degree sexual exploitation of a minor- Possessing pornography that depicts minors engaging in sexual activity is a crime under G.S. §14-190.17A. This is a class H felony. Recording, duplicating, distributing, or selling child pornography is second-degree sexual exploitation of a minor and a class E felony. Producing or creating child pornography is a first-degree offense and charged as a class C felony.

Potential Penalties for a Sex Offense

Potential penalties you face depend on the level of the charge against you and any specific provisions in the relevant offenses’ specific statutes. North Carolina has class 3, 2, 1, and A1 misdemeanors. Class A1 misdemeanors are the most serious and can be punished by up to 150 days in jail and a fine.

North Carolina divides felonies into 10 different categories. A class I felony is the least serious, while a class A felony is the most serious and can be punished by life in prison or death. Class E, F, and G are considered mid-level felonies. They can result in a lengthy prison sentence, however you may also be able to avoid a great deal of prison time in exchange for probation.

High-level felonies including class D, C, B1, B2, and A are for the most serious violent and sexual offenses. They come with significant prison sentences. This means if you are convicted of a high-level felony in North Carolina, you cannot avoid incarceration.

Collateral Consequences

The penalties and collateral consequences associated with a sex offense conviction go far beyond imprisonment. Some of the most common collateral consequences include:

• A permanent criminal record
• Sex offender registration
• Difficulty obtaining a job
• Difficulty getting into college
• Difficulty obtaining student financial aid like scholarships and grants
• Ineligibility for many professional licenses
• Loss of or a decrease in child custody or visitation
• Loss of a visa or permanent residency status, ineligibility for citizenship, or deportation

Sex Offender Registration

If you are convicted of a sex offense in North Carolina, you will be required to publically register as a sex offender. This will include your name, photo, address, and other personal information. Your registration requirement can last between 10 years and the rest of your life, making it difficult to move forward with and establish yourself in a community. Depending on the offense for which you were convicted, you may have to verify your information with your local law enforcement agency each year or sooner. Some offenses require verifying your address every 90 days.

As a registered sex offender, where you can live and travel may be restricted. You may not be able to live within 1,000 feet of a school or childcare facility. This could mean you cannot simply move home after you are released. You might have to move elsewhere.

Additionally, your internet access or right to use social media could be limited. You may be entirely prohibited from using common sites such as Facebook, Twitter, or any other site that requires you to make a profile.

Potential Defenses to Sex Crime Charges

If you have been charged with a sex offense, contact Breeden Law Office right away. There are many potential defenses to accusations of sexual misconduct, including a mistake of identity and consent. You may be entirely innocent and the police have the wrong person. If this is the case, we will fight to prove your innocence. It may also be that you reasonably believed the other person consented to your actions. We will put forth evidence of the other individual’s conduct and permission.