Q: can a 20 year old go to jail if he gets a 17 year old pregnant ?
A:
No (usually). The age of consent in NC is 16. However, there are 2 general exceptions.
14-27.32. Sexual activity with a student.
(a) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel, and who is at least four years older than the victim engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student, the defendant is guilty of a Class G felony, except when the defendant is lawfully married to the student. The term "same school" means a school at which the student is enrolled and the defendant is employed, assigned, or volunteers.
(b) A defendant who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and is less than four years older than the victim and engages in vaginal intercourse or a sexual act with a victim who is a student, is guilty of a Class I felony.
(c) This section shall apply unless the conduct is covered under some other provision of law providing for greater punishment.
(d) Consent is not a defense to a charge under this section.
(e) For purposes of this section, the terms "school", "school personnel", and "student" shall have the same meaning as in G.S. 14-202.4(d). For purposes of this section, the term "school safety officer" shall include a school resource officer or any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools.
§ 14-27.31. Sexual activity by a substitute parent or custodian.
(a) If a defendant who has assumed the position of a parent in the home of a minor
victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in
the home, the defendant is guilty of a Class E felony.
(b) If a person having custody of a victim of any age or a person who is an agent or
employee of any person, or institution, whether such institution is private, charitable, or
governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual
act with such victim, the defendant is guilty of a Class E felony.
(c) Consent is not a defense to a charge under this section.
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