North Carolina § 15-144 - 2. Essentials of bill for sex offense.

§ 15-144. 2. Essentials of bill for sex offense.

In indictments for sex offense it is not necessary to allege every matter required to be proved on the trial; but in the body of the indictment, after naming the person accused, the date of the offense, the county in which the sex offense was allegedly committed, and the averment "with force and arms," it is sufficient in describing a sex offense to allege that the accused person unlawfully, willfully, and feloniously did engage in a sex offense with the victim, naming the victim, by force and against the will of the victim and concluding as required by law. Any bill of indictment containing the averments and allegations named in this section is good and sufficient in law as an indictment for a first degree sex offense and will support a verdict of guilty of a sex offense in the first degree, a sex offense in the second degree, an attempt to commit a sex offense, or an assault. If the victim is a person under the age of 13 years, it is sufficient to allege that the defendant unlawfully, willfully, and feloniously did engage in a sex offense with a child under the age of 13 years, naming the child, and concluding as required by law. Any bill of indictment containing the averments and allegations named in this section is good and sufficient in law as an indictment for a sex offense against a child under the age of 13 years and all lesser included offenses. If the victim is a person who has a mental disability or who is mentally incapacitated or physically helpless, it is sufficient to allege that the defendant unlawfully, willfully, and feloniously did engage in a sex offense with a person who had a mental disability or who was mentally incapacitated or physically helpless, naming the victim, and concluding as required by law. Any bill of indictment containing the averments and allegations named in this section is good and sufficient in law for a sex offense against a person who has a mental disability or who is mentally incapacitated or physically helpless and all lesser included offenses. History (1979, c. 682, s. 11; 1983, c. 720, ss. 2, 3; 2002-159, s. 2(e); 2018-47, s. 4(j).) Editor's Note. - Session Laws 1979, c. 682, ss. 13 and 14, provided: "Sec. 13. All laws and clauses of laws in conflict with this act are hereby repealed, provided however, nothing in this act shall be construed to repeal any portion of Article 26 of Chapter 14 which relates to offenses against public morality and decency. "Sec. 14. This act shall become effective January 1, 1980, and shall apply to offenses occurring on and after that date. Nothing herein shall be construed to render lawful acts committed prior to the effective date of this act [January 1, 1979] and unlawful at the time the said acts occurred; and nothing contained herein shall be construed to affect any prosecution instituted under any section repealed by this act pending on the effective date hereof." 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 amendment of this section by Session Laws 2018-47, s. 4(j), effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2018-47, s. 4(j), in subsection (a), in the first sentence, deleted "as is now usual," preceding "it is sufficient" near the middle and deleted "is now" preceding "required by" at the end, and, in the second sentence, substituted "named in this section" for "herein named" and substituted "sex offense," for "sex offense" near the end; in subsection (b), substituted "required by law" for "aforesaid" at the end of the first sentence and substituted "named in this section" for "herein named" in the second sentence; and rewrote subsection (c). For effective date and applicability, see editor's note.