(a) Offense. - A person commits the offense of incest if the person engages in carnal intercourse with the person's (i) grandparent or grandchild, (ii) parent or child or stepchild or legally adopted child, (iii) brother or sister of the half or whole blood, or (iv) uncle, aunt, nephew, or niece.
(b) Punishment and Sentencing. -
(1) A person is guilty of a Class B1 felony if either of the following occurs:
a. The person commits incest against a child under the age of 13 and the person is at least 12 years old and is at least four years older than the child when the incest occurred.
b. The person commits incest against a child who is 13, 14, or 15 years old and the person is at least six years older than the child when the incest occurred.
(2) A person is guilty of a Class C felony if the person commits incest against a child who is 13, 14, or 15 and the person is more than four but less than six years older than the child when the incest occurred.
(3) In all other cases of incest, the parties are guilty of a Class F felony.
(c) No Liability for Children Under 16. - No child under the age of 16 is liable under this section if the other person is at least four years older when the incest occurred. (1879, c. 16, s. 1; Code, s. 1060; Rev., s. 3351; 1911, c. 16; C.S., s. 4337; 1965, c. 132; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1192; 1994, Ex. Sess., c. 24, s. 14(c); 2002-119, s. 1.)
§ 14-179: Repealed by Session Laws 2002-119, s. 2, effective December 1, 2002.
Notes of Decisions
Cited in
42
cases (
10 in the last 5 years), 1952–2023 · leading case:
State v. Shelton, 605 S.E.2d 228 (N.C. Ct. App. 2004).
State v. Shelton, 605 S.E.2d 228 (N.C. Ct. App. 2004).
· cites it 3× “2d 1, 3 (1963), and is defined by N.C.G.S. § 14-178 (2003), which provides in pertinent part that a “person commits the offense of incest if the person engages in carnal intercourse with the person’s .”
State v. Reid, 693 S.E.2d 227 (N.C. Ct. App. 2010).
· cites it 14× “I Defendant first argues the trial court erred in failing to dismiss the incest charge against him, contending that N.C. Gen. Stat. § 14-178 is constitutionally overbroad.”
State v. King, 733 S.E.2d 535 (N.C. 2012).
· cites it 3× “4(a2); incest, in violation of N.C.G.S. § 14-178; and indecent liberties with a child, in violation of N.”
State v. Mueller, 647 S.E.2d 440 (N.C. Ct. App. 2007).
· cites it 2× “To sustain a conviction for attempted incest between near relatives, the State must prove that defendant attempted to engage in “carnal intercourse” with his or her child or stepchild or legally adopted child.”
State v. Wiggins, 589 S.E.2d 402 (N.C. Ct. App. 2003).
· cites it 2× “Aggravating Factor Defendant argues, because he could also have been charged with incest between near relatives under N.C. Gen. Stat. § 14-178 , the trial court erred in finding the aggravating factor of violating a position of trust and confidence.”
State v. Marlow, 747 S.E.2d 741 (N.C. Ct. App. 2013).
· cites it 4× “However, defendant contends that, since Etheridge, a 2002 amendment to N.C. Gen. Stat. § 14-178 (b)(l)(a) renders Etheridge inapplicable.”
State v. Hughes, 443 S.E.2d 76 (N.C. Ct. App. 1994).
· cites it 3× “See N.C.G.S. § 14-178 (1993). Thus, to prove one element of the offense in the case at hand, it was necessary to establish the parent-child relationship.”
In Re Mashburn, 591 S.E.2d 584 (N.C. Ct. App. 2004).
· cites it 2× “14-177; incest, as provided in G.S. 14-178 and G.S. 14-179; preparation of obscene photographs, slides, or motion pictures of the juvenile, as provided in G.”
State v. Youngs, 540 S.E.2d 794 (N.C. Ct. App. 2000).
· cites it 2× “4 (1999), and three counts of incest in violation of N.C. Gen. Stat. § 14-178 (1999). Prior to trial, defendant filed a motion for a bill of particulars requesting the precise date, time and place of the crimes charged and the specific sexual acts constituting the indecent…”
State v. Locklear, 616 S.E.2d 334 (N.C. Ct. App. 2005).
· cites it 2× “N.C. Gen. Stat. § 14-178 (2003). In State v.”
State v. Boyett, 735 S.E.2d 371 (N.C. Ct. App. 2012).
· cites it 2× “Likewise, incest is defined by N.C. Gen. Stat. § 14-178 (2011), which states, in pertinent part, that “[a] person commits the offense of incest if the person engages in carnal intercourse[.”
— N.C. Gen. Stat. § 14-178(a) — 5 cases
— N.C. Gen. Stat. § 14-178(b)(1)(a) — 1 case
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