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GENERAL ASSEMBLY OF
NORTH CAROLINA
SESSION 2001
SESSION LAW 2002-119
HOUSE BILL 1276
AN ACT TO CLOSE THE LEGAL
LOOPHOLE THAT EXISTS UNDER THE
STATE'S INCEST LAWS BY EQUALIZING PUNISHMENTS FOR CRIMES
COMMITTED AGAINST CHILDREN WITHOUT REGARD TO FAMILIAL STATUS.
Whereas, despite the progress made in
modernizing laws
to protect children in North Carolina, a little-known loophole
exists in the General Statutes of North Carolina that has very
troubling consequences for some abused children; and
Whereas, this loophole allows far
lesser penalties for
perpetrators convicted of sexually assaulting their own children
than for those who rape or molest other children; and
Whereas, this unintended disparity is
the result of
archaic incest laws that date to 1879; statutes that were
originally intended to limit intermarriage among family members
but now hamper modern efforts to fight sexual abuse of children;
and
Whereas, this double standard, that
essentially rewards
perpetrators for the most unthinkable betrayal of a child's
trust, does not reflect the values and goals of the citizens of
North Carolina; and
Whereas, criminals who sexually
assault children should
be prosecuted without regard to familial relationship; Now,
therefore,
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14-178 reads as
rewritten:
"§ 14-178. Incest between certain near
relatives.Incest.
(a) The parties shall be guilty of a
felony in all cases of Offense. - A person commits
the offense of incest if the person engages in carnal
intercourse with the person's between
(i) grandparent and or grandchild, (ii)
parent and or child or stepchild or
legally adopted child, or (iii) brother
and or sister of the half or whole
blood. blood, or (iv) uncle, aunt, nephew,
or niece.Every such offense is punishable as a Class
F felony.
(b) Punishment and Sentencing. -
(1) A person is
guilty of a Class B1
felony
if either of the following occurs:
a.
The person 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.
b.
The person commits incest against a
child who is 13, 14, or 15 years old and the
person is at least six years older than the
child when the incest occurred.
(2) A person is
guilty of 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 the child when the
incest
occurred.
(3) In all other
cases of incest, the
parties
are guilty of a Class F felony.
(c) No Liability for Children Under 16. - No child
under the age of 16 is liable under this section if the other
person is at least four years older when the incest
occurred."
SECTION 2. G.S. 14-179
is repealed.
SECTION 3. This act
becomes effective December
1, 2002, and applies to offenses committed on or after that
date.
In the General Assembly read three
times and ratified
this the 12th day of September, 2002.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 7:59 p.m. this 23rd day of September, 2002
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