Charged With Trespassing After Visiting Minor Girlfriend Against Her Parent's Wishes

[Styrafoamcow]

My question involves civil rights in the State of: North Carolina
I'm an 18-year-old male living in North Carolina. My girlfriend of two years is three years younger than me, & I recently went to see her this week. It was around midnight on wednesday and she decided that I come to her window so we can see each other. Unfortunately, we got caught and the cops were called. Now her step-dad tried to press three charges against me: breaking and entering, trespassing, and statutory rape. I am going to court may 3rd for trespassing because the other laws did not apply to our situation apparently, but I am paranoid that he will find a way to charge me for them still. Will these charges be pressed against me even though she invited me in, and I was never told that I wasn't allowed in the property? Does the "Romeo and Juliet Law" cover us when it comes to the Statutory rape charge? And is it break and enter even though I touched nothing & just went inside with her approval? To be more precise, what will I most likely be charged or punished with?

[Disagreeable]

This is where they can potentially prosecute multiple offenses, to establish the law. It appears they can hang 2 class 1 misdemeanors on you Skippy. Hope the juice was worth the squeeze.

14-316.1 - Contributing to delinquency and neglect by parents and others

§ 14-54 Breaking or entering buildings generally

[adjusterjack]

Let's start with the statutory rape charge. Here's the statute (as of 2010):

14‑27.7A. Statutory rape or sexual offense of person who is 13, 14, or 15 years old.

(a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person.

(b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person.

Looks like statutory rape doesn't apply since you are not more than 4 years older than she.

I don't see breaking or entering as applying to you either:

14‑54. Breaking or entering buildings generally.

(a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.

(b) Any person who wrongfully breaks or enters any building is guilty of a Class 1 misdemeanor.

(c) As used in this section, "building" shall be construed to include any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.

I'm not sure that the trespass charge is sustainable against you because you were invited by a member of the household.

Are you charged with First Degree or Second Degree Trespassing?

Here's both:

14‑159.12. First degree trespass.

(a) Offense. A person commits the offense of first degree trespass if, without authorization, he enters or remains:

(1) On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; or

(2) In a building of another.

(b) Classification. First degree trespass is a Class 2 misdemeanor.

14‑159.13. Second degree trespass.

(a) Offense. A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:

(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or

(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.

(b) Classification. Second degree trespass is a Class 3 misdemeanor.

You're going to have to prove that you were invited and weren't ordered to leave before the father called the cops. You could have a problem if he told you to leave and you didn't head for the door right then.

Either way, I strongly suggest that you have a lawyer when you go to court.

[Dogmatique]

And while stat rape might be off the floor, it doesn't mean there aren't other charges which may apply.

[Miss Magoo]

First I'll start out by saying that her step-father cannot press charges against you, only the District Attorney's (DA's) office can charge individuals.

Second, there really is no way to predict what you will or will not be charged with as it is up to the DA's discretion. However, I would recommend that you speak with a lawyer and get some sound legal advice before your court date as he/she could give you specific information on what you could be looking at.

Third, and this is just personal advice, so take it or leave it, remember that since your girlfriend is under 18, she is still subject to her parents' rules, and many times, parents' don't have an appreciation for their children sneaking around the rules. As hard as it may be, it might go easier in the future if you and your girlfriend honor her parents rules. And I don't mean for that to come across as mean or judgemental -- 18 is a rough age.

I hope it all goes well for you.

[Disagreeable]

Here is the relevant part of the statute I cited...

(b) Any person who wrongfully breaks or enters any building is guilty of a Class 1 misdemeanor.

Wrongfully can include sexually taking a minor, when you are an adult.

[Styrafoamcow]

do you think there could be any jail time?

[Lehk]

North Carolina is, iirc, a Stand your. Ground state, so sneaking into houses is a really bad idea.

[Disagreeable]

do you think there could be any jail time?

What do you think the odds are that the judge or prosecutor has a daughter and is going to picture you mounting their daughter at 1 AM, in her bedroom, in their house?

[adjusterjack]

do you think there could be any jail time?

No way to predict but probably not.

- - - Updated - - -

North Carolina is, iirc, a Stand your. Ground state, so sneaking into houses is a really bad idea.

Briscoe Darling with a shotgun.