State Guide
Age of Consent in North Carolina
A plain-English guide to the age of consent in North Carolina, cited to the North Carolina General Statutes. North Carolina has a genuine Romeo and Juliet exemption for a close-in-age gap.
Genuine exemption under 4 yearsNorth Carolina at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | N.C.G.S. § 14-27.25 (Statutory Rape) |
| Close-in-age mechanism | Genuine exemption — no prosecution under 4 years and a day |
| Age-based defense, if any | None needed — the gap itself prevents prosecution |
| Related offense | Statutory sexual offense with a child by an adult — N.C.G.S. § 14-27.28 |
Overview
North Carolina sets its age of consent at 16. Under N.C.G.S. Section 14-27.25, sexual intercourse with someone 13 through 15 is statutory rape, a serious felony, regardless of whether the younger person agreed to it.
North Carolina has a genuine close-in-age exemption, commonly called a Romeo and Juliet law. Unlike a defense raised at trial, this exemption means the older person cannot be prosecuted for statutory rape at all when the age gap is small enough, because the statute itself does not reach that situation.
Age of consent in North Carolina
N.C.G.S. Section 14-27.25 makes it statutory rape to engage in vaginal intercourse with a person 13, 14, or 15 years old, where the defendant is at least 12 years old and more than four years older than the victim. The offense is a Class B1 felony if the defendant is six or more years older, and a Class C felony if the defendant is more than four but less than six years older.
North Carolina’s Romeo and Juliet exemption
Because Section 14-27.25 only reaches a defendant who is more than four years older than a victim aged 13 through 15, a defendant four years or less older than the victim is not covered by this statute at all. This is a genuine exemption rather than a defense to be raised at trial: the older person cannot be prosecuted for statutory rape under this section in the first place.
North Carolina also has a separate marital exemption, allowing consensual sexual activity between a married minor and their adult spouse that would otherwise be prohibited by the age rules.
Close-in-age rules in North Carolina
A related offense, indecent liberties with a child, uses a different threshold: it applies where the defendant is 16 or older and at least five years older than a victim under 16. This is a separate provision from statutory rape’s four-year threshold, and the two can apply to different fact patterns.
Applicable statutes
The codified North Carolina law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and a 17-year-old, a two-year gap. Because the gap is four years or less, this falls within the Romeo and Juliet exemption, and the older person cannot be prosecuted for statutory rape under Section 14-27.25.
Example 2. A 15-year-old and a 20-year-old, a five-year gap. This exceeds the four-year exemption, so statutory rape applies as a Class C felony.
Example 3. A 14-year-old and a 24-year-old, a ten-year gap. Because the defendant is six or more years older, this is a Class B1 felony, the more serious tier.
Frequently asked questions about North Carolina
What is the age of consent in North Carolina?
16. Sexual intercourse with someone 13 through 15 is statutory rape under N.C.G.S. Section 14-27.25, regardless of apparent consent.
Does North Carolina have a Romeo and Juliet law?
Yes, a genuine one. If the defendant is four years or less older than a victim 13 through 15, the statutory rape statute does not reach the conduct, and the older person cannot be prosecuted under it.
Is this a defense I would raise in court?
No. Because the statute does not cover the conduct in the first place when the gap is small enough, there is no offense under that section to defend against.
What happens if the age gap is larger?
The offense is graded by gap size: more than four but less than six years older is a Class C felony, and six or more years older is a Class B1 felony.
Are married couples treated differently?
Yes. North Carolina has a separate marital exemption allowing consensual sexual activity between a married minor and their adult spouse.
Official sources
Primary and official sources this guide is built from.
Felony grading by age gap
North Carolina exempts the smallest gaps and scales severity above that.
| Age gap | Outcome |
|---|---|
| 4 years and under | Exempt — not prosecutable under this statute |
| More than 4, less than 6 years | Class C felony |
| 6 years or more | Class B1 felony |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the North Carolina General Statutes, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed North Carolina attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the North Carolina General Statutes as of 25 July 2026. It has not yet been reviewed by a licensed North Carolina attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.