First Degree Rape Versus Second Degree Rape

These are very serious felony charges that will carry with them potentially long incarceration sentences. The following is an overview of the brief differences between each:

First-Degree Rape In North Carolina

First-degree rape is a Class B felony and will carry a lengthy maximum and minimum sentence.

According to North Carolina General Statute §14-27.2, a person is guilty of rape in the first degree if the person engages in vaginal intercourse:

  1. With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
  2. With another person by force and against the will of the other person, and:
  3. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
  4. Inflicts serious personal injury upon the victim or another person; or
  5. The person commits the offense aided and abetted by one or more other persons.

Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes.

Second-Degree Rape In North Carolina

Usually most charges for rape fall into a second-degree rape charge, or are pled down as part of a negotiation with the state. In either case, it is a Class C felony and carries with it some very serious consequences.

According to North Carolina General Statute §14-27.3, a person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:

  1. By force and against the will of the other person; or
  2. Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated or physically helpless.

Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes.

Getting A Criminal Defense Attorney ASAP

If you have been charged with first or second degree rape, or any type of sex offense, you need an experienced criminal defense attorney to vigorously defend against these charges.

Contact the Asheville lawyers with Nielsen Legal today: 828-564-1321. Free consultations. Jail visits.

Click here to learn about the differences between rape and sexual battery.

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