Statutory Rape of a child under 13 years of age

Currituck County Sheriff Deputies arrested Roscoe Robert Justice, Jr., 32, of Knapp Court in Currituck on November 1, 2023. Justice is charged under NCGS § 14-27.28. Statutory sexual offense with a child by an adult, and § 14-190.16.  First degree sexual exploitation of a minor. Justice is currently being held at the Currituck Detention Center and was arraigned on four felony counts. Justice is presumed innocent until proven guilty. If found guilty, Justice faces a minimum of 25 years behind bars.

3641 Felony-STAT SEX OFF W/CHILD BY ADULT (Class B1 Felony)
A person is guilty of statutory sexual offense with a child by an adult if the person is at least 18 years of age and engages in a sexual act with a victim who is a child under the age of 13 years.
 14-27.28
 3641 Felony-STAT SEX OFF W/CHILD BY ADULT 14-27.28
 3610 Felony-FIRST DEG SEX EXPLOIT MINOR (Class C Felony)
A person commits the offense of first-degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he:
(1)        Uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or
(2)        Permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or
(3)        Transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or
(4)        Records, photographs, films, develops, or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.
 14-190.16
 3610 Felony-FIRST DEG SEX EXPLOIT MINOR 14-190.16


In North Carolina, felonies are categorized into ten different classes, ranging from Class A to Class I, with Class A being the most severe and Class I being the least severe. The classification system determines the potential punishment for each felony offense. Here is an overview of the felony classes in North Carolina:

  1. Class A Felony:
    • Examples: First-degree murder
    • Punishment: The most severe punishment, potentially including life imprisonment without parole or the death penalty.
  2. Class B1 Felony:
    • Examples: First-degree forcible rape
    • Punishment: Generally carries a sentence of imprisonment for life without parole.
  3. Class B2 Felony:
    • Examples: First-degree kidnapping
    • Punishment: Carries a maximum sentence of 500 months in prison.
  4. Class C Felony:
    • Examples: Arson, robbery with a dangerous weapon
    • Punishment: Maximum sentence determined by the court, typically less severe than Class B felonies.
  5. Class D Felony:
    • Examples: Felonious restraint, voluntary manslaughter
    • Punishment: Maximum sentence determined by the court, generally less severe than Class C felonies.
  6. Class E Felony:
    • Examples: Indecent liberties with a minor
    • Punishment: Maximum sentence determined by the court, generally less severe than Class D felonies.
  7. Class F Felony:
    • Examples: Involuntary manslaughter
    • Punishment: Maximum sentence determined by the court, generally less severe than Class E felonies.
  8. Class G Felony:
    • Examples: Common law robbery
    • Punishment: Maximum sentence determined by the court, generally less severe than Class F felonies.
  9. Class H Felony:
    • Examples: Felonious restraint, statutory rape
    • Punishment: Maximum sentence determined by the court, generally less severe than Class G felonies.
  10. Class I Felony:
    • Examples: Embezzlement, larceny
    • Punishment: Generally the least severe felony class, with a maximum sentence determined by the court.

It’s important to note that sentencing may also be influenced by factors such as prior criminal history, aggravating or mitigating circumstances, and the discretion of the judge.

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