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

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.