State v. McClamb, 234 N.C. App. 753 (2014)

No Error

Pursuant to G.S. 14-318.4(a2), it is a Class D felony for any parent or legal guardian of a child younger than 16 to commit or allow to be committed any “sexual act” on the child.  Defendant, the father of the victim, appeals his conviction of felony child abuse by sexual act based on having vaginal intercourse with his daughter. G.S. 14, Article 7A addresses “Rape and Other Sex Offenses” and defines “sexual act” at G.S. 14-27.1(4) to exclude vaginal intercourse. This allows for a distinction between crimes of rape, which is limited to vaginal intercourse, and sexual offenses, which excludes vaginal intercourse.  However, that definition does not apply to G.S. 14, Article 39 “Protection of Minors.” The term “sexual act,” found at G.S. 14-318.4(a2), includes vaginal intercourse since a distinction between rape and sexual offenses is not required in Article 39.

Criminal Cases with Application to Child Welfare
Felony Child Abuse
Sexual Act
Click on a term below for additional case summaries tagged with the same term.