Sexual Activity With a Student

Sexual activity with a student is divided in separate crimes depending upon the person’s relationship with the student. These crimes include: sexual activity with a student by a teacher, school administrator, student teacher, coach or school safety officer, felony sexual activity with a student by a school personnel other than a teacher, school administrator, student teacher, coach or school safety officer, and misdemeanor sexual activity with a student by a school personnel other than a teacher, school administrator, student teacher, coach or school safety officer.

Sexual Activity With a Student by a Teacher, School Administrator, Student Teacher, Coach or School Safety Officer

Under North Carolina General Statute 14-27.7(b) occurs when a person (1) is a teacher, school administrator, student teacher, coach, or school safety officer and (2) engages in vaginal intercourse or a sexual act (3) with a student (4) at any time during or after the period when the student and person were present together in the same school but before the victim stops being a student. Sexual activity with a student is a class G felony with a maximum punishment under the law of 47 months incarceration.

Felony Sexual Activity With a Student by a School Personnel Other Than a Teacher, School Administrator, Student Teacher, Coach or School Safety Officer

Under North Carolina General Statute 14-27.7(b) occurs when a person (1) is included I the definition of “school personnel” and is not a teacher, school administrator, student teacher, coach or school safety officer and (2) engages in vaginal intercourse or a sexual act (3) with a student (4) at any time during or after the period when the student and person were present together in the same school but before the victim stops being a student and (5) the person is at least four years older than the student. Felony sexual activity with a student by a school personnel other than a teacher, school administrator, student teacher, coach or school safety officer is a class G felony with a maximum punishment under the law of 47 months incarceration.

Misdemeanor Sexual Activity With a Student by a School Personnel Other Than a Teacher, School Administrator, Student Teacher, Coach or School Safety Officer

Under North Carolina General Statute 14-27.7(b) occurs when a person (1) is included I the definition of “school personnel” and is not a teacher, school administrator, student teacher, coach or school safety officer and (2) engages in vaginal intercourse or a sexual act (3) with a student (4) at any time during or after the period when the student and person were present together in the same school but before the victim stops being a student and (5) the person is less than four years older than the student. Misdemeanor sexual activity with a student by a school personnel other than a teacher, school administrator, student teacher, coach or school safety officer is a class A1 misdemeanor with a maximum punishment under the law of 150 days incarceration and a discretionary fine not limited by statute.