Incest - North Carolina Sexual Assault Laws

Incest Crime & Punishment in North Carolina :

The North Carolina code § 14-178 defines three degrees of the crime incest, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity Incest - Charge Description Punishment
Class B1 felony
STATUTORY
  • A person commits the offense of incest if the person engages in carnal intercourse with the person’s grandparent or grandchild, parent or child or stepchild or legally adopted child, brother or sister of the half or whole blood, or uncle, aunt, nephew, or niece when the offender commits incest against a child under the age of 13 and the person is at least 12 years old and is at least four years older than the child when the incest occurred.
  • A person commits the offense of incest if the person engages in carnal intercourse with the person’s grandparent or grandchild, parent or child or stepchild or legally adopted child, brother or sister of the half or whole blood, or uncle, aunt, nephew, or niece when the offender commits incest against a child who is 13, 14, or 15 and the person is at least six years older than the child when the incest occurred.
Minimum sentence of imprisonment is 25 years (defendant is give life w/o parole if victim under 12 or if defendant has prior B1 conviction )
Class C felony
STATUTORY
A person commits the offense of incest if the person engages in carnal intercourse with the person’s grandparent or grandchild, parent or child or stepchild or legally adopted child, brother or sister of the half or whole blood, or uncle, aunt, nephew, or niece when the offender commits incest against a child who is 13, 14, or 15 and the person is more than four but less than six years older than the child when the incest occurred 44 to 182 months in prison
Class F felony
A person commits the offense of incest if the person engages in carnal intercourse with the person’s grandparent or grandchild, parent or child or stepchild or legally adopted child, brother or sister of the half or whole blood, or uncle, aunt, nephew, or niece in a case of incest not described above. 10 to 41 months in prison

North Carolina law allows incest to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the North Carolina Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Incest defined in other states :

Incest is a charge in a total of 20 other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.

State Charge Type(s) Punishment(s)
Alabama Class C felony No less than one year and one day and no more than 10 years.
Alaska Class C felony Not more than 5 years; presumptive term of 2 years for 2nd, felony, 3 years for 3rd
Arizona Class 4 felony 2.5 years in prison
Arkansas Class C felony 3-10 years; up to $10,000 fine
Colorado Class 4 felony 1-12 years in prison and/or a $2000-$500,000 fine.
Connecticut Class D felony 1 to 5 years in prison, a maximum fine of $5,000
Delaware Class A misdemeanor Up to 1 year; up to $2,300 fine
Florida Felony of the third degree Up to 5 years in prison
Georgia Felony 25-50 years; 10-30 years
Hawaii Class C felony Up to 5 years in jail
Indiana Class B felony; Class C felony A maximum of 10 years in prison; up to a $10,000 fine; A maximum of 4 years in prison; up to $10,000 fine
Iowa Class D felony Up to 5 years in prison
Kentucky Class A felony; Class B felony; Class C felony 20-50 years in prison; 10-20 years in prison; 5-10 years in prison
Louisiana Felony Punishable by fine of not more than $1000, and/or by imprisonment, with or without hard labor, for not more than 5 years; Punishable by imprisonment at hard labor for not more than 15 years
Minnesota Imprisonment for not more than 10 years
Missouri Class D Felony Imprisonment not to exceed 4 years
Montana Imprisonment for a term of 100 years, a fine not to exceed $50,000, and shall be ordered to complete the educational, cognitive and behavioral phases of a sexual offender treatment program; and if offender is released after the mandatory minimum period of imprisonment (25 years), offender is subject to supervision by the department of corrections for the remainder of the offender’s life and shall participate in continuous, satellite-based monitoring; Life imprisonment or imprisonment for a term of not less than four years or more than 100 years and a fine not to exceed $50,000; Life imprisonment, or imprisonment for a term not to exceed 100 years, or a fine not to exceed $50,000
Nevada Category A felony A minimum term of two years and a maximum of life with the possibility of parole, and a fine of $10,000 or less
New Hampshire Class B felony A maximum of 7 years in prison
New Mexico Third degree felony 3 years in prison
North Dakota Class C felony Up to 5 years in prison and/or a maximum fine of $5,000
Oklahoma Felony Punishable by prison time not exceeding 1 year and/or a maximum fine of $500.00
Oregon Class C felony Up to 5 years; $100,000 fine
Pennsylvania Felony of the second degree A maximum of 10 years in prison and up to $25,000 in fines
South Carolina Felony Minimum of 1 year in prison, minimum fine of $500
South Dakota Class 5 felony A maximum of 5 years in prison and a maximum of $10,000 in fines
Tennessee Class C felony Maximum of 15 years in prison and a maximum fine $10,000
Utah Third degree felony A maximum of 5 years in prison and/or a maximum fine of $5,000
Virginia Class 1 misdemeanor A maximum of 12 months in prison, and/or a maximum fine of $2,500
West Virginia Felony 5-15 years in prison, and/or a maximum fine of $5,000
Wisconsin Class F felony Maximum of 18.5 years in prison, and/or a maximum fine of $25,000
Wyoming Felony A maximum of 15 years in prison

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** This Document Provided By AgeOfConsent.net **
Source: http://www.ageofconsent.net/laws/north-carolina/incest