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May 9, 2007

North Carolina Supreme Court on Teen Sex: It's a Crime Against Nature

Twelve year old and 14 year old have oral sex. He later is convicted of a "crime against nature." The statute says: "If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.” N.C.G.S. § 14-177 (2005). But other statutes outlaw specific sexual activity between minors, thus presenting an in pari materia issue.

The majority held in In the Matter of R.L.C. __ S.E.2d __, 2007 WL 1299443 (N.C. May 4, 2007) that because the acts weren't covered by the statutes governing juvenile behavior, they *did* come within the general statute!

Whatever happened to specific controls over the general?

The dissent argued that was the key, and he lost.

May 9, 2007 | Permalink

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