North Carolina § 14-27 - 27. Second-degree forcible sexual offense.

§ 14-27. 27. Second-degree forcible sexual offense.

A person is guilty of second 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; or 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. Any person who commits the offense defined in this section is guilty of a Class C felony. History (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, s. 9(a), (b); 2018-47, s. 4(c).) Cross References. - As to privileged nature of communications with agents of rape crisis centers and domestic violence programs, see G.S. 8-53.12 . As to essentials of bill of indictment for sexual offenses, see G.S. 15-144.2 . As to venue of trial of sexual offenses where victim was transported, see G.S. 15A-136 . As to office of coordinator of services for victims of sexual assault, see G.S. 143B-394.1 et seq. Editor's Note. - This section was formerly codified as G.S. 14-27.5 . It was recodified as G.S. 14-27.27 by Session Laws 2015-181, s. 9(a), effective December 1, 2015. Session Laws 2015-181, s. 48, made the recodification and amendment of this section by Session Laws 2015-181, s. 9(a), (b), effective December 1, 2015, and applicable to offenses committed on or after that date, and further provided that: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2018-47, s. 16, made the rewriting of subdivision (a)(2) of this section by Session Laws 2018-47, s. 4(c), effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2015-181, s. 9(b), effective December 1, 2015, inserted "forcible" in the section heading and substituted "second degree forcible sexual assault" for "a sexual offense in the second degree" in subsection (a). For applicability, see editor's note. Session Laws 2018-47, s. 4(c), rewrote subdivision (a)(2). For effective date and applicability, see editor's note. Legal Periodicals. - For survey of 1979 criminal law, see 58 N.C.L. Rev. 1350 (1980). For note discussing whether sex with a sleeping woman meets the requirements of force and lack of consent, see 65 N.C.L. Rev. 1246 (1987). For note that addresses the effect of a recent United States Supreme Court decision on sodomy laws and the manner in which society may shape its characterization of Acquired Immune Deficiency Syndrome (AIDS) and homosexuality, see 66 N.C.L. Rev. 226 (1987). For comment, "The Amy Jackson Law - A Look at the Constitutionality of North Carolina's Answer to Megan's Law," see 20 Campbell L. Rev. 347 (1998). For article, "Transforming Teenagers into Oral Sex Felons: The Persistence of the Crime Against Nature After Lawrence v. Texas," see 43 Wake Forest L. Rev. 155 (2008).