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The following definitions apply in this Article:
(1) Repealed by Session Laws 2018‑47, s. 4(a), effective December 1, 2018.
(1a) Against the will of the other person. – Either of the following:
a. Without consent of the other person.
b. After consent is revoked by the other person, in a manner that would
cause a reasonable person to believe consent is revoked.
(2) Mentally incapacitated. – A victim who due to any act is rendered substantially
incapable of either appraising the nature of his or her conduct, or resisting the
act of vaginal intercourse or a sexual act.
(2a) Person who has a mental disability. – A victim who has an intellectual disability
or a mental disorder that temporarily or permanently renders the victim
substantially incapable of appraising the nature of his or her conduct, or of
resisting the act of vaginal intercourse or a sexual act, or of communicating
unwillingness to submit to the act of vaginal intercourse or a sexual act.
(3) Physically helpless. – Any of the following:
a. A victim who is unconscious.
b. A victim who is physically unable to resist an act of vaginal intercourse
or a sexual act or communicate unwillingness to submit to an act of
vaginal intercourse or a sexual act.
(4) Sexual act. – Cunnilingus, fellatio, analingus, or anal intercourse, but does not
include vaginal intercourse. Sexual act also means the penetration, however
slight, by any object into the genital or anal opening of another person’s body. It
is an affirmative defense that the penetration was for accepted medical
purposes.
(5) Sexual contact. – Any of the following:
a. Touching the sexual organ, anus, breast, groin, or buttocks of any
person.
b. A person touching another person with their own sexual organ, anus,
breast, groin, or buttocks.
c. A person ejaculating, emitting, or placing semen, urine, or feces upon
any part of another person.
(6) Touching. – As used in subdivision (5) of this section, means physical contact
with another person, whether accomplished directly, through the clothing of the
person committing the offense, or through the clothing of the victim. (1979, c.
682, s. 1; 2002‑159, s. 2(a); 2003‑252, s. 1; 2006‑247, s. 12(a); 2015‑181, s. 2;
2018‑47, s. 4(a); 2019‑245, ss. 5(a), 6(c).)
§ 14‑27.21. First‑degree forcible rape.
(a) A person is guilty of first‑degree forcible rape if the person engages in vaginal
intercourse with another person by force and against the will of the other person, and does any of
the following:
(1) Uses, threatens to use, or displays a dangerous or deadly weapon or an article
which the other person reasonably believes to be a dangerous or deadly weapon.
(2) Inflicts serious personal injury upon the victim or another person.
(3) The person commitsthe offense aided and abetted by one or more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1
felony.
(c) Upon conviction, a person convicted under this section has no rights to custody of or
rights of inheritance from any child born as a result of the commission of the rape, nor shall the
person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the
General Statutes. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 4; 1981, c. 63; c. 106, ss. 1, 2; c.
179, s. 14; 1983, c. 175, ss. 4, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 2; 2004‑128, s. 7; 2015‑181,
ss. 3(a), (b); 2017‑30, s. 1.)
§ 14‑27.22. Second‑degree forcible rape.
(a) A person is guilty of second‑degree forcible rape if the person engages in vaginal
intercourse with another person:
(1) By force and against the will of the other person; or
(2) Who has a mental disability or who is mentally incapacitated or physically
helpless, and the person performing the act knows or should reasonably know
the other person has a mental disability or is mentally incapacitated or
physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class C
felony.
(c) Upon conviction, a person convicted under this section has no rights to custody of or
rights of inheritance from any child conceived during the commission of the rape, nor does the
person have any rights related to the child under Chapter 48 of the General Statutes or Subchapter I
of Chapter 7B of the General Statutes. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 5; 1981, cc.
63, 179; 1993, c. 539, s. 1130; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 2(b); 2004‑128, s. 8;
2015‑181, ss. 4(a), (b); 2018‑47, s. 4(b).)
§ 14‑27.23. Statutory rape of a child by an adult.
(a) A person is guilty of statutory rape of a child by an adult if the person is at least 18 years
of age and engages in vaginal intercourse with a victim who is a child under the age of 13 years.
(b) A person convicted of violating this section is guilty of a Class B1 felony and shall be
sentenced pursuant to Article 81B of Chapter 15A of the General Statutes, except that in no case
shall the person receive an active punishment of less than 300 months, and except as provided in
subsection (c) of this section. Following the termination of active punishment, the person shall be
subject to enrollment in satellite‑based monitoring as provided in Part 5 of Article 27A of Chapter
14 of the General Statutes.
(c) Notwithstanding the provisions of Article 81B of Chapter 15A of the General Statutes,
the court may sentence the defendant to active punishment for a term of months greater than that
authorized pursuant to G.S. 15A‑1340.17, up to and including life imprisonment without parole, if
the court finds that the nature of the offense and the harm inflicted are of such brutality, duration,
severity, degree, or scope beyond that normally committed in such crimes, or considered in basic
aggravation of these crimes, so as to require a sentence to active punishment in excess of that
authorized pursuant to G.S. 15A‑1340.17. If the court sentences the defendant pursuant to this
subsection, it shall make findings of fact supporting its decision, to include matters it considered as
egregious aggravation. Egregious aggravation can include further consideration of existing
aggravating factors where the conduct of the defendant falls outside the heartland of cases even the
aggravating factors were designed to cover. Egregious aggravation may also be considered based
on the extraordinarily young age of the victim, or the depraved torture or mutilation of the victim,
or extraordinary physical pain inflicted on the victim.
(d) Upon conviction, a person convicted under this section has no rights to custody of or
rights of inheritance from any child born as a result of the commission of the rape, nor shall the
person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the
General Statutes.
(e) The offense under G.S. 14‑27.24 is a lesser included offense of the offense in this
section. (2008‑117, s. 1; 2015‑181, s. 5(a), 5(b); 2021‑182, s. 2(k).)
§ 14‑27.24. First‑degree statutory rape.
(a) A person is guilty of first‑degree statutory rape if the person engages in vaginal
intercourse with a victim who is a child under the age of 13 years and the defendant is at least 12
years old and is at least four years older than the victim.
(b) Any person who commits an offense defined in this section is guilty of a Class B1
felony.
(c) Upon conviction, a person convicted under this section has no rights to custody of or
rights of inheritance from any child born as a result of the commission of the rape, nor shall the
person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the
General Statutes. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 4; 1981, c. 63; c. 106, ss. 1, 2; c.
179, s. 14; 1983, c. 175, ss. 4, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 2; 2004‑128, s. 7; 2015‑181,
s. 6.)
§ 14‑27.25. Statutory rape of person who is 15 years of age or younger.
(a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal
intercourse with another person who is 15 years of age or younger and the defendant is at least 12
years old and at least six years older than the person, except when the defendant is lawfully married
to the person.
(b) Unless the conduct is covered under some other provision of law providing greater
punishment, a defendant is guilty of a Class C felony if the defendant engages in vaginal
intercourse with another person who is 15 years of age or younger and the defendant is at least 12
years old and more than four but less than six years older than the person, except when the
defendant is lawfully married to the person. (1995, c. 281, s. 1; 2015‑62, s. 1(a); 2015‑181, s. 7(a),
(b).)
§ 14‑27.26. First‑degree forcible sexual offense.
(a) A person is guilty of a first degree forcible sexual offense if the person engages in a
sexual act with another person by force and against the will of the other person, and does any of the
following:
(1) Uses, threatens to use, or displays a dangerous or deadly weapon or an article
which the other person reasonably believes to be a dangerous or deadly weapon.
(2) Inflicts serious personal injury upon the victim or another person.
(3) The person commitsthe offense aided and abetted by one or more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1
felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 6; 1981, c. 63; c. 106, ss. 3, 4; c. 179, s. 14;
1983, c. 175,ss. 5, 10; c. 720,s. 4; 1994, Ex. Sess., c. 22,s. 3; 2015‑181,ss. 8(a), (b); 2017‑30,s. 2.)
§ 14‑27.27. Second‑degree forcible sexual offense.
(a) A person is guilty of second degree forcible sexual offense if the person engages in a
sexual act with another person:
(1) By force and against the will of the other person; or
(2) Who has a mental disability or who is mentally incapacitated or physically
helpless, and the person performing the act knows or should reasonably know
that the other person has a mental disability or is mentally incapacitated or
physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class C
felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s.
1131; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 2(c); 2015‑181, ss. 9(a), (b); 2018‑47, s. 4(c).)
§ 14‑27.28. Statutory sexual offense with a child by an adult.
(a) 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.
(b) A person convicted of violating this section is guilty of a Class B1 felony and shall be
sentenced pursuant to Article 81B of Chapter 15A of the General Statutes, except that in no case
shall the person receive an active punishment of less than 300 months, and except as provided in
subsection (c) of this section. Following the termination of active punishment, the person shall be
subject to enrollment in satellite‑based monitoring as provided in Part 5 of Article 27A of Chapter
14 of the General Statutes.
(c) Notwithstanding the provisions of Article 81B of Chapter 15A of the General Statutes,
the court may sentence the defendant to active punishment for a term of months greater than that
authorized pursuant to G.S. 15A‑1340.17, up to and including life imprisonment without parole, if
the court finds that the nature of the offense and the harm inflicted are of such brutality, duration,
severity, degree, or scope beyond that normally committed in such crimes, or considered in basic
aggravation of these crimes, so as to require a sentence to active punishment in excess of that
authorized pursuant to G.S. 15A‑1340.17. If the court sentences the defendant pursuant to this
subsection, it shall make findings of fact supporting its decision, to include matters it considered as
egregious aggravation. Egregious aggravation can include further consideration of existing
aggravating factors where the conduct of the defendant falls outside the heartland of cases even the
aggravating factors were designed to cover. Egregious aggravation may also be considered based
on the extraordinarily young age of the victim, or the depraved torture or mutilation of the victim,
or extraordinary physical pain inflicted on the victim.
(d) The offense under G.S. 14‑27.29 is a lesser included offense of the offense in this
section. (2008‑117, s. 2; 2015‑181, s. 10(a), (b); 2021‑182, s. 2(l).)
§ 14‑27.29. First‑degree statutory sexual offense.
(a) A person is guilty of first‑degree statutory sexual offense if the person engages in a
sexual act with a victim who is a child under the age of 13 years and the defendant is at least 12
years old and is at least four years older than the victim.
(b) Any person who commits an offense defined in this section is guilty of a Class B1
felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 6; 1981, c. 63; c. 106, ss. 3, 4; c. 179, s. 14;
1983, c. 175, ss. 5, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 3; 2015‑181, s. 11.)
§ 14‑27.30. Statutory sexual offense with a person who is 15 years of age or younger.
(a) A defendant is guilty of a Class B1 felony if the defendant engages in a sexual act with
another person who is 15 years of age or younger and the defendant is at least 12 years old and at
least six years older than the person, except when the defendant is lawfully married to the person.
(b) Unless the conduct is covered under some other provision of law providing greater
punishment, a defendant is guilty of a Class C felony if the defendant engages in a sexual act with
another person who is 15 years of age or younger and the defendant is at least 12 years old and
more than four but less than six years older than the person, except when the defendant is lawfully
married to the person. (1995, c. 281, s. 1; 2015‑181, s. 12.)
§ 14‑27.31. Sexual activity by a substitute parent or custodian.
(a) If a defendant who has assumed the position of a parent in the home of a minor victim
engagesin vaginal intercourse or a sexual act with a victim who is a minor residing in the home, the
defendant is guilty of a Class E felony.
(b) If a person having custody of a victim of any age or a person who is an agent or
employee of any person, or institution, whether such institution is private, charitable, or
governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act
with such victim, the defendant is guilty of a Class E felony.
(c) Consent is not a defense to a charge under this section. (1979, c. 682, s. 1; 1979, 2nd
Sess., c. 1316, s. 9; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1132; 1994, Ex. Sess., c. 24, s. 14(c);
1999‑300, s. 2; 2003‑98, s. 1; 2015‑181, ss. 13(a), (b).)
§ 14‑27.32. Sexual activity with a student.
(a) If a defendant, who is a teacher, school administrator, student teacher, school safety
officer, or coach, at any age, or who is other school personnel, and who is at least four years older
than the victim engages in vaginal intercourse or a sexual act with a victim who is a student, at any
time during or after the time the defendant and victim were present together in the same school, but
before the victim ceases to be a student, the defendant is guilty of a Class G felony, except when the
defendant is lawfully married to the student. The term “same school” means a school at which the
student is enrolled and the defendant is employed, assigned, or volunteers.
(b) A defendant who isschool personnel, other than a teacher, school administrator, student
teacher,school safety officer, or coach, and islessthan four years older than the victim and engages
in vaginal intercourse or a sexual act with a victim who is a student, is guilty of a Class I felony.
(c) This section shall apply unless the conduct is covered under some other provision of
law providing for greater punishment.
(d) Consent is not a defense to a charge under this section.
(e) For purposes of this section, the terms “school”, “school personnel”, and “student” shall
have the same meaning as in G.S. 14‑202.4(d). For purposes of this section, the term “school safety
officer” shall include a school resource officer or any other person who is regularly present in a
school for the purpose of promoting and maintaining safe and orderly schools. (1979, c. 682, s. 1;
1979, 2nd Sess., c. 1316, s. 9; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1132; 1994, Ex. Sess., c. 24,
s. 14(c); 1999‑300, s. 2; 2003‑98, s. 1; 2015‑44, s. 2; 2015‑181, s. 14(a), (b).)
§ 14‑27.33. Sexual battery.
(a) A person is guilty of sexual battery if the person, for the purpose of sexual arousal,
sexual gratification, or sexual abuse, engages in sexual contact with another person:
(1) By force and against the will of the other person; or
(2) Who has a mental disability or who is mentally incapacitated or physically
helpless, and the person performing the act knows or should reasonably know
that the other person has a mental disability or is mentally incapacitated or
physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class A1
misdemeanor. (2003‑252, s. 2; 2015‑181, s. 15; 2018‑47, s. 4(d).)
§ 14‑27.33A. Sexual contact or penetration under pretext of medical treatment.
(a) Definitions. – The following definitions apply in this section:
(1) Incapacitated. – A patient’s incapability of appraising the nature of a medical
treatment, either because the patient is unconscious or under the influence of an
impairing substance, including, but not limited to, alcohol, anesthetics,
controlled substances listed under Chapter 90 of the General Statutes, or any
other drug or psychoactive substance capable of impairing a person’s physical
or mental faculties.
(2) Medical treatment. – Includes an examination or a procedure.
(3) Patient. – A person who has undergone or is seeking to undergo medical
treatment.
(4) Sexual contact. – The intentional touching of a person’s intimate parts or the
intentional touching of the clothing covering the immediate area of the person’s
intimate parts, if that intentional touching can reasonably be construed as being
for the purpose of sexual arousal or gratification, done for a sexual purpose, or
done in a sexual manner.
(5) Sexual penetration. – Sexual intercourse, cunnilingus, fellatio, anal intercourse,
or any other intrusion, however slight, of any part of a person’s body or of any
object into the genital or anal openings of another person’s body, regardless of
whether semen is emitted, if that intrusion can reasonably be construed as being
for the purpose of sexual arousal or gratification, done for a sexual purpose, or
done in a sexual manner.
(b) Offense; Penalty. – Unless the conduct is covered under some other provision of law
providing greater punishment, a person who undertakes medical treatment of a patient is guilty of a
Class C felony if the person does any of the following in the course of that medical treatment:
(1) Represents to the patient that sexual contact between the person and the patient
is necessary or will be beneficial to the patient’s health and inducesthe patient to
engage in sexual contact with the person by means of the representation.
(2) Represents to the patient that sexual penetration between the person and the
patient is necessary or will be beneficial to the patient’s health and induces the
patient to engage in sexual penetration with the person by means of the
representation.
(3) Engages in sexual contact with the patient while the patient is incapacitated.
(4) Engagesin sexual penetration with the patient while the patient is incapacitated.
(c) This section does not prohibit a person from being charged with, convicted of, or
punished for any other violation of law that is committed by that person while violating this
section.
(d) The court may order a term of imprisonment imposed for a violation of this section to
be served consecutively to a term of imprisonment imposed for any other crime, including any
other violation of law arising out of the same transaction as the violation of this section.
(2019‑191, s. 43(a).)
§ 14‑27.34. No defense that victim is spouse of person committing act.
A person may be prosecuted under this Article whether or not the victim is the person’s legal
spouse at the time of the commission of the alleged rape or sexual offense. (1979, c. 682, s. 1;
1987, c. 742; 1993, c. 274, s. 1; 2015‑181, s. 15.)
§ 14‑27.35. No presumption as to incapacity.
In prosecutions under this Article, there shall be no presumption that any person under the age
of 14 years is physically incapable of committing a sex offense of any degree or physically
incapable of committing rape, or that a male child under the age of 14 years is incapable of
engaging in sexual intercourse. (1979, c. 682, s. 1; 2015‑181, s. 15.)
§ 14‑27.36. Evidence required in prosecutions under this Article.
It shall not be necessary upon the trial of any indictment for an offense under this Article where
the sex act alleged is vaginal intercourse or anal intercourse to prove the actual emission of semen
in order to constitute the offense; but the offense shall be completed upon proof of penetration only.
Penetration, however slight, is vaginal intercourse or anal intercourse. (1979, c. 682, s. 1;
2015‑181, s. 15.)
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