In re K.C., 226 N.C. App. 452 (Apr. 16, 2013)

There was insufficient evidence to support a delinquency adjudication for sexual battery. Although there was sufficient evidence of sexual contact, there was insufficient evidence of a sexual purpose. When dealing with children, sexual purpose cannot be inferred from the act itself and that there must be “evidence of the child’s maturity, intent, experience, or other factor indicating his purpose in acting.” It continued, “factors like age disparity, control by the juvenile, the location and secretive nature of the juvenile’s actions, and the attitude of the juvenile should be taken into account.” Evaluating the circumstances, the court found the evidence insufficient.