State v. Anthony

FRYE, Chief Justice.

The sole issue in this case is the construction of N.C.G.S. § 14-27.7A(b), which provides:

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.

N.C.G.S. § 14-27.7A(b) (1999). The question raised by defendant’s petition for discretionary review is whether the statute permits a defense of consent. We conclude that it does not.

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