High Point, NC asked in Uncategorized for North Carolina

Q: Is it legal for a 16 year old to date a 14 year old without having sex in North Carolina?

Also, is this legal without parental consent? And is this legal with touching of the genitals with clothes on so that the bare genitals aren't exposed or touched?

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1 Lawyer Answer
David Allan King
David Allan King
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: Yes. It is legal for them to date and it is legal for them to have sex.

§ 14-27.25 covers statutory rape for minors 15 years-old or younger. For it to be statutory rape, the other person must be (a) "at least 12 years old" AND (b) "at least six years older than the person" UNLESS (c) "the defendant is lawfully married to the person." There are some other exceptions for teachers, etc.

The key here is (b). They are only two years apart.

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