Cary North Carolina Indictment - First Degree Statutory Rape - Female Child Under 13

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State:
North Carolina
City:
Cary
Control #:
NC-CR-148
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Indictment for First Degree Statutory Rape of a Female Child Under 13: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


Cary North Carolina Indictment — First Degree Statutory Rap— - Female Child Under 13: A Detailed Description In the state of North Carolina, allegations of first-degree statutory rape involving a female child under the age of 13 have serious legal consequences. Cary, a vibrant town located in Wake County, follows the state's laws and regulations to protect the well-being of its residents, especially children. Understanding the intricacies of this specific type of indictment is crucial for comprehending the legal process and potential ramifications. First-degree statutory rape refers to engaging in sexual intercourse or certain sexual acts with an individual who is younger than the age of consent, which is 16 years old in North Carolina. However, when the victim is under the age of 13, it is considered a more severe offense. This indictment focuses particularly on cases involving female children. It is essential to note that this crime is considered a strict liability offense, meaning that consent is not a defense under the law. The Cary North Carolina Indictment — First Degree Statutory Rap— - Female Child Under 13 is a serious charge that carries severe penalties upon conviction. The potential consequences vary depending on multiple factors, such as the defendant's age, the relationship between the accused and the victim, the use of force or coercion, and any prior criminal history. North Carolina's sentencing guidelines dictate that offenders convicted of first-degree statutory rape face a minimum of 300 months (25 years) to life imprisonment, with the possibility of additional fines or probation. Within this particular indictment, there can be variations based on the specifics of each case. Some possible distinctions might include: 1. Multiple Counts: Cases involving multiple instances of first-degree statutory rape may result in multiple counts of indictments related to each incident. Each count would be tried separately, and the penalties for each count would be determined based on the circumstances and evidence presented. 2. Conspiracy: In certain circumstances, an indictment could also include charges of conspiracy. This might occur if there is evidence of two or more individuals conspiring to commit first-degree statutory rape against a female child under the age of 13. Conspiracy charges can result in additional penalties and may extend the legal consequences for all involved parties. It's crucial to note that an indictment is an accusation, and all individuals accused of a crime are presumed innocent until proven guilty in a court of law. The specifics of each case, such as evidence, witness testimony, and expert analysis, will be thoroughly examined during the legal process to determine the appropriate course of action. In conclusion, the Cary North Carolina Indictment — First Degree Statutory Rap— - Female Child Under 13 is a serious charge that involves engaging in sexual activity with a female child under the age of 13. The repercussions upon conviction can be severe, with potential lengthy prison sentences and other legal consequences. Understanding the nuances and potential variations within this indictment is essential for those involved in the legal proceedings or seeking to better comprehend the charges.

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FAQ

Statutory rape of a person 15 years old or younger (N.C. Gen. Stat. § 14-27.25): This offense can be charged when vaginal intercourse occurs between a child aged 15 or younger and a defendant who is four years older or more (The charge increases when the defendant is six years older or more).

(a) A person is guilty of second-degree forcible rape if the person engages in vaginal intercourse with another person: (1) By force and against the will of the other person; or (2) Who has a mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should

First-degree statutory rape. (a) A person is guilty of first-degree statutory rape if the person engages in vaginal intercourse with a victim who is 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.

(1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or. (b) Kidnaps the victim; or.

(a) A person is guilty of statutory rape of a child by an adult if the person is at least 18 years of age and engages in vaginal intercourse with a victim who is a child under the age of 13 years.

degree rape conviction is punishable by 144 months to life in prison. A seconddegree rape conviction carries a penalty of 44 to 279 months in prison. Statutory rape of a child younger than 13 by an adult is punishable by 144 months to life in prison.

Statutory rape of a person 15 years old or younger (N.C. Gen. Stat. § 14-27.25): This offense can be charged when vaginal intercourse occurs between a child aged 15 or younger and a defendant who is four years older or more (The charge increases when the defendant is six years older or more).

Statutory rape of person who is 15 years of age or younger No statute of limitations for any felony, including this crime.

More info

Am Jur 2d, Rape 108. 7.

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