§ 14-178. Incest. - North Carolina Statutes

§ 14‑178.  Incest.

(a)        Offense. – A personcommits the offense of incest if the person engages in carnal intercourse withthe person's (i) grandparent or grandchild, (ii) parent or child or stepchildor legally adopted child, (iii) brother or sister of the half or whole blood,or (iv) uncle, aunt, nephew, or niece.

(b)        Punishment andSentencing. –

(1)        A person is guiltyof a Class B1 felony if either of the following occurs:

a.         The person commitsincest against a child under the age of 13 and the person is at least 12 yearsold and is at least four years older than the child when the incest occurred.

b.         The person commitsincest against a child who is 13, 14, or 15 years old and the person is atleast six years older than the child when the incest occurred.

(2)        A person is guiltyof a Class C felony if the person 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 thechild when the incest occurred.

(3)        In all other casesof incest, the parties are guilty of a Class F felony.

(c)        No Liability forChildren Under 16. – No child under the age of 16 is liable under this sectionif the other person is at least four years older when the incest occurred. (1879, c. 16, s. 1; Code, s.1060; Rev., s. 3351; 1911, c. 16; C.S., s. 4337; 1965, c. 132; 1979, c. 760, s.5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c.539, s. 1192; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑119, s. 1.)