AgeOfConsent
Incest - North Carolina Sexual Assault Laws
Incest Crime & Punishment in North Carolina :
The North Carolina code § 14-178 defines three degrees of the crime incest, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.
| Severity | Incest - Charge Description | Punishment |
|---|---|---|
|
Class B1 felony STATUTORY |
|
Minimum sentence of imprisonment is 25 years (defendant is give life w/o parole if victim under 12 or if defendant has prior B1 conviction ) |
|
Class C felony STATUTORY |
A person commits the offense of incest if the person engages in carnal intercourse with the person’s grandparent or grandchild, parent or child or stepchild or legally adopted child, brother or sister of the half or whole blood, or uncle, aunt, nephew, or niece when the offender 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 | 44 to 182 months in prison |
|
Class F felony |
A person commits the offense of incest if the person engages in carnal intercourse with the person’s grandparent or grandchild, parent or child or stepchild or legally adopted child, brother or sister of the half or whole blood, or uncle, aunt, nephew, or niece in a case of incest not described above. | 10 to 41 months in prison |
North Carolina law allows incest to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the North Carolina Age of Consent, even if the victim willingly engages in sexual relations with the defendant.
Incest defined in other states :
Incest is a charge in a total of 20 other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.
| State | Charge Type(s) | Punishment(s) |
|---|---|---|
| Alabama | Class C felony | No less than one year and one day and no more than 10 years. |
| Alaska | Class C felony | Not more than 5 years; presumptive term of 2 years for 2nd, felony, 3 years for 3rd |
| Arizona | Class 4 felony | 2.5 years in prison |
| Arkansas | Class C felony | 3-10 years; up to $10,000 fine |
| Colorado | Class 4 felony | 1-12 years in prison and/or a $2000-$500,000 fine. |
| Connecticut | Class D felony | 1 to 5 years in prison, a maximum fine of $5,000 |
| Delaware | Class A misdemeanor | Up to 1 year; up to $2,300 fine |
| Florida | Felony of the third degree | Up to 5 years in prison |
| Georgia | Felony | 25-50 years; 10-30 years |
| Hawaii | Class C felony | Up to 5 years in jail |
| Indiana | Class B felony; Class C felony | A maximum of 10 years in prison; up to a $10,000 fine; A maximum of 4 years in prison; up to $10,000 fine |
| Iowa | Class D felony | Up to 5 years in prison |
| Kentucky | Class A felony; Class B felony; Class C felony | 20-50 years in prison; 10-20 years in prison; 5-10 years in prison |
| Louisiana | Felony | Punishable by fine of not more than $1000, and/or by imprisonment, with or without hard labor, for not more than 5 years; Punishable by imprisonment at hard labor for not more than 15 years |
| Minnesota | Imprisonment for not more than 10 years | |
| Missouri | Class D Felony | Imprisonment not to exceed 4 years |
| Montana | Imprisonment for a term of 100 years, a fine not to exceed $50,000, and shall be ordered to complete the educational, cognitive and behavioral phases of a sexual offender treatment program; and if offender is released after the mandatory minimum period of imprisonment (25 years), offender is subject to supervision by the department of corrections for the remainder of the offender’s life and shall participate in continuous, satellite-based monitoring; Life imprisonment or imprisonment for a term of not less than four years or more than 100 years and a fine not to exceed $50,000; Life imprisonment, or imprisonment for a term not to exceed 100 years, or a fine not to exceed $50,000 | |
| Nevada | Category A felony | A minimum term of two years and a maximum of life with the possibility of parole, and a fine of $10,000 or less |
| New Hampshire | Class B felony | A maximum of 7 years in prison |
| New Mexico | Third degree felony | 3 years in prison |
| North Dakota | Class C felony | Up to 5 years in prison and/or a maximum fine of $5,000 |
| Oklahoma | Felony | Punishable by prison time not exceeding 1 year and/or a maximum fine of $500.00 |
| Oregon | Class C felony | Up to 5 years; $100,000 fine |
| Pennsylvania | Felony of the second degree | A maximum of 10 years in prison and up to $25,000 in fines |
| South Carolina | Felony | Minimum of 1 year in prison, minimum fine of $500 |
| South Dakota | Class 5 felony | A maximum of 5 years in prison and a maximum of $10,000 in fines |
| Tennessee | Class C felony | Maximum of 15 years in prison and a maximum fine $10,000 |
| Utah | Third degree felony | A maximum of 5 years in prison and/or a maximum fine of $5,000 |
| Virginia | Class 1 misdemeanor | A maximum of 12 months in prison, and/or a maximum fine of $2,500 |
| West Virginia | Felony | 5-15 years in prison, and/or a maximum fine of $5,000 |
| Wisconsin | Class F felony | Maximum of 18.5 years in prison, and/or a maximum fine of $25,000 |
| Wyoming | Felony | A maximum of 15 years in prison |