Sexual Activity with a Student in North Carolina

by | Nov 19, 2019 | Blog Posts, NC Criminal Defense

Sexual activity with a student in North Carolina – North Carolina has several sex crimes and several strategies and methods to defend those crimes. The varying degrees of seriousness are wide ranging, and so are the consequences. There are also many different individual crimes that fall under the sex crime category. One such crime is sexual activity with a student. In this blog, we will discuss the elements to that crime, review the consequences of it, and paint an overall picture of what it is. Like all our blogs, this is intended for general informational purposes only, and not intended as a substitute for the advice and counsel of a criminal defense attorney.

What is considered sexual activity with a student?

North Carolina General Statute 14-27.32, covers this crime, and states that any school personnel how engages in vaginal intercourse or sexual act with a student of the school for which they are employed shall be guilty of a felony. The student must be “present” at the school at the same time as the school personnel. The level of the felony depends on the age difference between the student and the teacher:

  • If the teacher or other school personal is four years old or older than the student it is considered a class G felony under North Carolina Felony Sentencing Guidelines; and
  • If there is less than a four-year age difference it is considered a Class I felony, under North Carolina Felony Sentencing Guidelines.

Important notes to consider:

  • This crime can be charged even if the student is above the age of consent.
  • This crime has nothing to do with “consent” at all. Even if the student was a willing participant, the defendant can still be convicted.
  • For the purposes of this law, school refers to Pre-K until 12th
  • If for some reason the student is lawfully married to the defendant, this crime does not apply.
  • Other sex crimes can also apply to this charge if the elements fit, including but not limited to:

Consequences of conviction of sexual activity with a student

In addition to the sentencing imposed based on the guidelines, there are other collateral consequences to consider regarding this crime.

  • The loss of a teaching license or the ability to ever work in the education system again in this situation is almost a certainty.
  • Conviction of this offense requires sex offender registration along with all of the restrictions that come along with it.

Criminal charges can be stressful and complicated. If you have been charged with a crime in North Carolina or South Carolina, contact us.

DISCLAIMER – This forum is intended for general questions and comments about the particular law or topic. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. Please refrain from revealing your identify or specifics about any actual criminal case. No attorney-client relationship is created in this forum.

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