North Carolina § 14-27 - 32. Sexual activity with a student.

§ 14-27. 32. Sexual activity with a student.

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. A defendant who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and is less than 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. This section shall apply unless the conduct is covered under some other provision of law providing for greater punishment. Consent is not a defense to a charge under this section. 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. History (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).) 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 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. 14-27.7(b) . It was recodified as G.S. 14-27.32 by Session Laws 2015-181, s. 14(a), effective December 1, 2015. Session Laws 2015-44, s. 1, provides: "This act may be cited as the 'Protect Our Students Act'." Session Laws 2015-44, s. 5, made the amendment to this section by Session Laws 2015-44, s. 2, which substituted "Class I felony" for "Class A1 misdemeanor" at the end of subsection (b), applicable to offenses committed on or after December 1, 2015. Session Laws 2015-181, s. 48, made the recodification and amendment of this section by Session Laws 2015-181, s. 14(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." Effect of Amendments. - Session Laws 2015-44, s. 2, effective December 1, 2015, substituted "Class I felony" for "Class A1 misdemeanor" at the end of subsection (b). For applicability, see editor's note. Session Laws 2015-181, s. 14(b), effective December 1, 2015, added the section heading; redesignated (b) as (a); added the designators (b) through (e); and substituted "section" for "subsection" once in (c) and twice in (e). For applicability, see editor's note. Legal Periodicals. - For survey of 1979 criminal law, see 58 N.C.L. Rev. 1350 (1980). For article on a model act to prevent the sexual exploitation of children, see 17 Wake Forest L. Rev. 535 (1981). For survey on new penalties for criminal behavior in schools, see 22 Campbell L. Rev. 253 (2000). For comment, "The Hidden Dichotomy in the Law of Morality," see 31 Campbell L. Rev. 591 (2009).