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As written, the law only to applies to "vaginal intercourse," and therefore presumably only to heterosexual sexual acts.
As a result, it is not clear what North Carolina’s age of consent for homosexual conduct is.
First degree sexual offense includes oral or anal intercourse, or penetration with an object or body part other than the penis, between a minor who is 12 or younger, and a defendant who is 12 or older at least four years older than the victim. § 14-27.2, 14-27.4, 14-27.7A, 14-202.2, & 14-202.1.) North Carolina has a structured sentencing system, so penalties for the offenses listed above vary according to the defendant’s criminal history.
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In North Carolina, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone 16 or younger), even if the sex is consensual.
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However, differentiating between homosexual and heterosexual conduct is decidedly unconstitutional.
Thus, it can be assumed that the same rules apply to same-sex couples as they do to opposite sex couples. This is particularly the case in a state with such broad close-in-age provisions.
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
This prohibition covers adults and students, and continues to cover them as long as the younger person is a student at any school, regardless of their age.