Rep. Cecil Brockman has been charged with indecent liberties with a child and statutory rape, according to inmate records from the Guilford County Sheriff's Office.
Brockman was arrested Wednesday, according to jail records. The alleged crimes happened on August 15, according to court records.
The records say that Brockman, 41, engaged in a sexual act with a 15-year-old. He faces two counts each of indecent liberties with a child and statutory rape of a child who is 15 years old or younger.
A magistrate's order denying Brockman bond in the case says he is a state representative and has "attempted to use his status to gain information on the whereabouts of the victim."
The order also says that Brockman made attempts to contact the juvenile victim, including in the hospital.
Brockman, a Democrat, is serving his sixth term in the N.C. House of Representatives. His district in southwest Guilford County is centered around High Point.
Guilford County Sheriff's Office records indicate that Brockman is being held in the High Point Jail. He is scheduled to make a first appearance Thursday.
Calls to resign
Calls for Brockman to resign from office began to mount shortly after news of the charges broke.
Anderson Clayton, the chair of the N.C. Democratic Party, wrote in a post on X that Brockman should resign immediately.
"The profound seriousness of these criminal charges makes it impossible to represent his community," Clayton wrote.
In an initial statement Thursday morning, House Minority Leader Robert Reives, D-Chatham, wrote, "The allegations against Rep. Brockman are serious and, if true, would disqualify him from public office. This is a developing situation and it is important to let the legal process unfold."
Reives released an updated statement later in the morning saying Brockman needs to resign immediately.
"As we continue to learn more about the allegations against Rep. Brockman this morning, it has become clear that he is unable to continue serving in the House of Representatives," Reives wrote.
Another House Democrat called for Brockman to resign even as the legal process unfolds.
In a press release, Rep. Bryan Cohn, D-Granville, wrote, "Let me be clear: The allegations alone are grave enough to demand accountability. We will not shy away from demanding truth, justice and the highest ethical standards. Until the facts are fully known, I reserve judgment on guilt or innocence, but the seriousness of these charges demands decisive action, not silence."
Speaker of the House Destin Hall, R-Caldwell, also called for Brockman to resign after learning of the charges.
In a statement, Hall wrote, "The charges against Rep. Brockman are shocking and extremely serious. Given the evidence that’s publicly known, he should resign immediately so these charges do not distract from the work of the North Carolina House."
Gov. Josh Stein also called for Brockman's resignation.
"These charges are extremely serious and deeply troubling. While the legal process has yet to play out, it's clear he cannot effectively service his constituents and should resign immediately," Stein wrote in a statement.
Resignation and replacement process
Brockman could resign at any time with a letter to the Speaker of the House.
At that point, the Guilford County Democratic Party's Executive Committee would select a replacement for Brockman. Only members of the executive committee who live in Brockman's district would be able to vote on his replacement, according to North Carolina's rules for replacing members of the General Assembly.
Once the executive committee selects a replacement, North Carolina law gives Stein a week to appoint that person to the General Assembly for the remainder of the term, which runs through 2026.
Impact in NC House?
Even if Brockman stays in the seat but faces a prolonged absence while dealing with legal matters, the political math in the House of Representatives wouldn't immediately change.
Republicans hold the majority by a margin of 71 seats to Democrats' 49 seats.
And while there are several potential veto overrides awaiting votes in the House, a potential Brockman absence would not be enough to shift the results of an override assuming everybody else votes along party lines.
To override a veto, Republicans need a three-fifths majority. With 71 votes out of 119, they'd still be just shy of that margin. They'd be able to surpass it, though, with one absence in addition to Brockman's or if a Democrat voted for a veto override.
A number of veto overrides are awaiting action in the House, including a trio of bills limiting diversity, equity and inclusion efforts; a bill allowing permitless concealed carry; and an immigration bill that would allow victims of crimes committed by undocumented immigrants to sue so-called sanctuary cities if the crime occurs inside the jurisdiction.
