In the Matter of: D.K., ____ N.C. App. ____ (September 4, 2018)

  • Facts: The eight year old juvenile was adjudicated delinquent for a crime against nature. The evidence established that he told the seven year old victim to pull down her pants and he then touched and licked her genital area.
  • Opinion: The juvenile’s attorney failed to provide sufficient notice of appeal because the court had not issued a final order when verbal notice of appeal was given in court following disposition. However, the court exercised its discretion to review the case pursuant to a writ of certiorari according to Rule 21(a)(1). Penetration is a necessary element of the offense of crime against nature. While the evidence established that the juvenile licked the victim’s genitals, it was not sufficient to reasonably infer penetration.
Criminal Offenses
Crime Against Nature
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