The crime against nature law in North Carolina, codified at G.S. 14-177, is still on the books as a Class I felony, but constitutional rulings have stripped away most of its original reach. After the U.S. Supreme Court’s 2003 decision in Lawrence v. Texas, the statute can no longer be used against private, consensual sexual conduct between adults. What remains enforceable is a narrower set of situations: nonconsensual acts, acts involving minors, public sexual conduct, prostitution-related offenses involving oral or anal sex, and sexual acts with animals.
What the Statute Says
The law itself is brief and deliberately vague. The full text reads: “If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.”1North Carolina General Assembly. North Carolina Code Chapter 14 – Section 14-177 The statute does not define “crime against nature.” North Carolina courts have filled that gap over the years, reading the phrase to cover oral sex, anal sex, and sexual acts with animals. Courts have also established that penetration must be proven as an element of the offense.
That vagueness was a feature of the original drafting. Legislatures historically avoided naming the specific acts because the conduct was considered too indecent to describe in statutory text. The result is a law whose scope has always been defined by case law rather than by its words.
What Lawrence and Whiteley Took Off the Table
In Lawrence v. Texas, the Supreme Court held that individuals have a fundamental liberty interest in private, consensual sexual activity, and that criminalizing it based on moral disapproval alone violates the Due Process Clause.2Justia. Lawrence v. Texas, 539 U.S. 558 (2003) That ruling swept across states with similar statutes, including North Carolina.
Two years later, in State v. Whiteley, the North Carolina Court of Appeals addressed G.S. 14-177 directly. The court held that the statute was not unconstitutional on its face, but it was unconstitutional as applied to consensual sexual conduct between adults in private.3FindLaw. State v. Whiteley After Whiteley, a willing adult partner behind closed doors is outside the statute’s enforceable reach.
When You Can Still Be Charged
Both Lawrence and the North Carolina courts have left several categories of conduct exposed to prosecution under G.S. 14-177.
- Nonconsensual sexual acts. Conduct without consent falls outside Lawrence‘s protections. Other sexual assault statutes typically cover this ground, but prosecutors can still bring G.S. 14-177 charges as well.
- Acts involving minors. Children cannot consent, so the statute applies fully when the victim is underage.3FindLaw. State v. Whiteley
- Public sexual conduct. Acts performed in public places receive no constitutional protection under Lawrence.
- Prostitution and solicitation. Offering or agreeing to perform oral or anal sex for money can be charged under the statute, even though the same act between non-paying adults is protected.
- Sex acts with animals. Lawrence addressed only human sexual autonomy. Bestiality remains prosecutable under the “with beast” language, with penetration required as an element.1North Carolina General Assembly. North Carolina Code Chapter 14 – Section 14-177
The Prostitution Application
This is where the statute sees the most modern use. In State v. Pope, the defendant was charged with solicitation of a crime against nature after offering to perform oral sex on undercover officers for money. She argued that Lawrence made the statute unconstitutional. The Court of Appeals disagreed, holding that “the State of North Carolina may properly criminalize the solicitation of a sexual act it deems a crime against nature” when prostitution is involved.4FindLaw. State v. Pope
The practical result is a gap-filler. North Carolina’s general prostitution statute was historically interpreted to cover only vaginal intercourse, so prosecutors use G.S. 14-177 when the commercial act is oral or anal sex. A solicitation charge under the crime against nature statute can carry heavier consequences than a standard prostitution charge.
What a Conviction Carries
A conviction under G.S. 14-177 is a Class I felony, the lowest felony classification under North Carolina’s structured sentencing system. The actual sentence depends on the defendant’s prior record level, which is scored on past convictions.
- Prior Record Level I (0–1 points): presumptive sentence of 4 to 6 months minimum, with a maximum of up to 17 months.
- Prior Record Level III (6–9 points): presumptive sentence of 5 to 6 months minimum.
- Prior Record Level VI (18+ points): presumptive sentence of 8 to 10 months minimum, with a maximum of up to 21 months.
For defendants with little or no criminal history, a Class I felony can result in community punishment, meaning probation rather than active prison time. The sentencing ranges, though, are only part of the picture. A felony conviction creates lasting consequences: difficulty finding employment, loss of firearm rights, and potential immigration consequences for non-citizens.
Sex Offender Registration
A conviction under G.S. 14-177 can trigger sex offender registration. The crime against nature statute qualifies as a “reportable conviction” under North Carolina’s registry law when the victim is a minor.5North Carolina General Assembly. Senate Bill 1508 Registration carries restrictions on where you can live, work, and spend time, and the obligation can last for decades.
Whether registration applies in other scenarios under the statute, such as bestiality or public conduct cases, depends on the specific facts and how the charge is framed. Anyone facing a G.S. 14-177 charge should get a clear answer about registration exposure early, because the registry requirement often carries more day-to-day weight than the sentence itself.
Overlap With Other Charges
Most conduct still reachable under G.S. 14-177 is also covered by more specific statutes. Sexual assaults are prosecuted under the state’s first- and second-degree sexual offense laws. Child sexual abuse has its own charges with significantly harsher penalties. Indecent exposure covers public sexual conduct. Bestiality is handled primarily through G.S. 14-177 in North Carolina, though animal cruelty statutes elsewhere increasingly address it.
Prosecutors often charge G.S. 14-177 alongside these other statutes, which adds leverage in plea negotiations. A defendant may face both a sexual offense charge and a crime against nature charge arising from the same conduct. That stacking is one of the main reasons the statute still matters in practice, even with its constitutional limits.
Why the Law Still Exists
Bills to repeal G.S. 14-177 have been introduced over the years, but none has passed. The statute’s survival means old convictions for conduct that is now constitutionally protected still appear on some records, and its continued use in prostitution-related cases keeps it active in the courts. If you are facing a charge under this statute, the specific category you fall into, consensual or not, adult or minor, private or public, commercial or not, controls almost everything about how the case will proceed.