In the Matter of A.W., 209 N.C. App. 596 (2011)


There was sufficient evidence to support an adjudication of delinquency for indecent liberties between children committed by a 13-year-old juvenile against a 3-year-old victim where the juvenile told the victim his penis “taste like candy,” so the victim would lick it. The element of a “purpose to arouse or gratify sexual desires” may not be proven by the act itself. However, it may be shown by “evidence of the child’s maturity, intent, experience, or other factor, indicating his purpose in acting. In this case, the juvenile’s age and maturity, as well as the age disparity between him and the victim, coupled with the inducement of the victim and evidence that he had previously engaged in prior sexual activity with a 4-year-old was sufficient to establish the element of a sexual purpose.

Criminal Offenses
Indecent Liberties Between Children
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