GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 1276
` Committee Substitute Favorable 4/19/01

Short Title:	Close Incest Loophole to Protect Minors.	()	
Sponsors:	     	
Referred to:	     	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO CLOSE THE LEGAL LOOPHOLE THAT EXISTS UNDER THE STATE'S INCEST LAWS AND TO EQUALIZE PUNISHMENTS FOR CRIMES COMMITTED AGAINST CHILDREN WITHOUT REGARD TO FAMILIAL STATUS. 

Whereas, despite the progress made in modernizing laws to protect children in North Carolina, a little-known loophole exists in the General Statutes of North Carolina that has very troubling consequences for some abused children; and
Whereas, this loophole allows far lesser penalties for perpetrators convicted of sexually assaulting their own children than for those who rape or molest other children; and 
Whereas, this unintended disparity is the result of archaic incest laws that date to 1879, statutes that were originally intended to limit intermarriage among family members but now hamper modern efforts to fight sexual abuse of children; and
Whereas, this double standard, that essentially rewards perpetrators for the most unthinkable betrayal of a child's trust, does not reflect the values and goals of the citizens of North Carolina; and 
Whereas, criminals who sexually assault children should be prosecuted without regard to familial relationship; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑178 reads as rewritten:
"§ 14‑178.  Incest between certain near relatives.
(a)	The parties shall be guilty of a felony in all cases of carnal intercourse between (i) grandparent and grandchild, (ii) parent and child or stepchild or legally adopted child, or (iii) brother and sister of the half or whole blood.
(b)	Every such offense is punishable as a Class F felony. 
(c)	This section applies only if the parties are 16 years old or older. This section does not apply if one of the parties is a minor. Conduct covered under this section, and committed against a minor under 16 years old, is unlawful and shall be prosecuted as provided under other provisions of applicable law."
SECTION 2.  G.S. 14‑179 reads as rewritten:
"§ 14‑179.  Incest between uncle and niece and nephew and aunt.
(a)	In all cases of carnal intercourse between uncle and niece, and nephew and aunt, the parties shall be guilty of a Class 1 misdemeanor.
(b)	This section applies only if the parties are 16 years old or older. This section does not apply if one of the parties is a minor. Conduct covered under this section, and committed against a minor under 16 years old, is unlawful and shall be prosecuted as provided under other provisions of applicable law."
SECTION 3.  This act becomes effective December 1, 2001, and applies to offenses committed on or after that date.