In the Matter of R.N., 206 N.C. App. 537 (2010)

Held: 
Reversed in Part
Vacated and Remanded in Part

The trial court erred by denying the juvenile’s motion to dismiss allegations of crime against nature based on evidence that the 12-year-old juvenile “licked” the genitals of his 7-year old cousin while she was fully clothed because there was no evidence of penetration, which is an essential element of the offense; and although the petition also alleged the juvenile placed his penis in the victim’s mouth, there was insufficient evidence in the transcript to support that allegation.

Category:
Adjudication
Stage:
Criminal Offenses
Topic:
Crime Against Nature
Tags:
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