In the Matter of J.F., 237 N.C. App. 218 (2014)

(1) Two juvenile petitions alleging first-degree sex offense under G.S. 14-27.4(a)(1) and two petitions alleging crime against nature under G.S. 14-177 provided sufficient notice because the allegations followed the statutory language of both offenses. The petitions charging first-degree sex offense allege the juvenile “did unlawfully, willfully and feloniously . . . [e]ngage in a sexual act with [M.H.], a child under the age of thirteen (13) years,” identifying M.H. by his full name and stating that the “victim was 7.” One petition further alleges that the “juvenile performed fellatio on victim,” while the other alleges that the “victim performed fellatio on juvenile.” The petitions charging crime against nature allege the juvenile “did unlawfully, willfully and feloniously . . . commit the abominable and detestable crime against nature with [M.H.],” identifying M.H. by his full name and stating that the “victim was 7.” Likewise, one petition alleges that the “juvenile performed fellatio on victim,” while the other alleges that the “victim performed fellatio on juvenile.” The State was not required to identify the particular sex acts involved or describe the manner in which they were performed, and if the juvenile required more detail about whether the petitions alleged the same or multiple acts of fellatio, the juvenile should have moved for a bill of particulars. (2) The court rejected the juvenile’s argument that the two petitions alleging the victim performed fellatio on the juvenile were defective because the victim was the “actor.” First-degree sex offense and crime against nature do not require that the accused perform a sex act on the victim but rather that he “engage[] in a sexual act with” the victim.