North Carolina § 14-27 - 31. Sexual activity by a substitute parent or custodian.

§ 14-27. 31. Sexual activity by a substitute parent or custodian.

If a defendant who has assumed the position of a parent in the home of a minor victim engages in 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. 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. Consent is not a defense to a charge under this section. 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; 2015-181, s. 13(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(a) . It was recodified as G.S. 14-27.31 by Session Laws 2015-181, s. 13(a). Session Laws 2015-181, s. 48, made the recodification and amendment of this section by Session Laws 2015-181, s. 13(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 2015-181, s. 13(b), effective December 1, 2015, rewrote the section heading, which read: "Intercourse and sexual offenses with certain victims; consent no defense"; deleted "or 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," following "minor residing in the home" in subsection (a); added subsection (b); and added the subsection (c) designator. 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).