Rape- first degree - North Carolina Sexual Assault Laws

In North Carolina, the criminal charge of Rape- first degree is classified as a Statutory Class B1 felony.

Rape- first degree Crime & Punishment in North Carolina :

The North Carolina code § 14-27.2 defines one degrees of the crime rape- first degree, 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 Rape- first degree - Charge Description Punishment
Class B1 felony
STATUTORY
  • A person is guilty of rape in the first degree if the person engages in vaginal intercourse with another person by force; and the offender commits the offense aided and abetted by one or more other person
  • A person is guilty of rape in the first degree if the person engages in vaginal intercourse with another person by force; and inflicts serious personal injury upon the victim or another person
  • A person is guilty of rape in the first degree if the person engages in vaginal intercourse with another person by force; and employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon
  • A person is guilty of rape in the first degree if the person engages in vaginal intercourse with 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.
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 )

North Carolina law allows rape- first degree 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.

Rape- first degree defined in other states :

Rape- first degree is a charge in a total of nine 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 A felony No less than 10 years and no more than life or 99 years
Delaware Class A felony 15 years to life in prison
Kentucky Class A felony; Class B felony 20-50 years in prison; 10-20 years in prison
Maryland Felony Sentence not to exceed life without parole; Sentence not to exceed life
New York Class B felony 5-25 years in jail
Oklahoma Felony Punishable by death or imprisonment in the State Penitentiary for a minimum of 5 years.
Oregon Class A felony Up to 20 years; $300,000 fine
South Dakota Class C felony Life imprisonment and up to $50,000 in fines
Washington Class A felony Maximum of life in prison, and/or a fine of $50,000

Back to list of North Carolina laws

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