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The information provided is not for commercial use it is intended only
for informational use. There has been no attempt to make a
complete list of all or related statutes. There is no guarantee of the
completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the States official web
site and consult the Bound Volumes of the States Statutes for more
information.
§
14‑27.1. Definitions.
As used in this Article, unless the context requires
otherwise:
(1) "Mentally disabled" means (i) a victim who suffers from mental retardation, or (ii) a victim who suffers from a mental disorder, either of which 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.
(2) "Mentally incapacitated" means a
victim who due to any act committed upon the victim 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.
(3) "Physically helpless" means (i) a victim who is unconscious; or (ii) 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" means 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: provided,
that it shall be an affirmative defense that the penetration was for accepted
medical purposes.
(5) "Sexual contact" means (i) touching
the sexual organ, anus, breast, groin, or buttocks of any person, or (ii) a
person touching another person with their own sexual organ, anus, breast,
groin, or buttocks.
(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.)
§
14‑27.2. First‑degree rape.
(a) A person is guilty of rape in the first
degree if the person engages in vaginal intercourse:
(1) 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; or
(2) With another person by force and against
the will of the other person, and:
a. Employs or displays a dangerous or deadly
weapon or an article which the other person reasonably believes to be a
dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the
victim or another person; or
c. The person commits the 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.)
§
14‑27.3. Second‑degree rape.
(a) A person is guilty of rape in the second
degree if the person engages in vaginal intercourse with another person:
(1) By force and against the will of the other
person; or
(2) Who is mentally disabled, mentally
incapacitated, or physically helpless, and the person performing the act knows
or should reasonably know the other person is mentally disabled, 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 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. 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.)
§
14‑27.4. First‑degree sexual offense.
(a) A person is guilty of a sexual offense in
the first degree if the person engages in a sexual act:
(1) 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; or
(2) With another person by force and against
the will of the other person, and:
a. Employs or displays a dangerous or deadly
weapon or an article which the other person reasonably believes to be a
dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the
victim or another person; or
c. The person commits the 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. 106, ss. 3, 4; 1983, c. 175, ss. 5, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 3.)
§
14‑27.5. Second‑degree sexual offense.
(a) A person is guilty of a sexual offense in the second degree 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 is mentally disabled, mentally
incapacitated, or physically helpless, and the person performing the act knows
or should reasonably know that the other person is mentally disabled, 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).)
§
14‑27.5A. 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 is mentally disabled, mentally
incapacitated, or physically helpless, and the person performing the act knows or
should reasonably know that the other person is mentally disabled, 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.)
§
14‑27.7. Intercourse and sexual offenses with certain victims;
consent no defense.
(a) 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, 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, the defendant is guilty of a
Class E felony. Consent is not a defense to a charge under this section.
(b) 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 A1 misdemeanor. This subsection 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 subsection,
the terms "school", "school personnel", and
"student" shall have the same meaning as in G.S. 14‑202.4(d).
For purposes of this subsection, 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.)
§
14‑27.7A. Statutory rape or sexual offense of person who is 13, 14,
or 15 years old.
(a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person.
(b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is 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.)
Article
10.
Kidnapping
and Abduction.
§
14‑39. Kidnapping.
(a) Any person who shall unlawfully confine,
restrain, or remove from one place to another, any other person 16 years of age
or over without the consent of such person, or any other person under the age
of 16 years without the consent of a parent or legal custodian of such person,
shall be guilty of kidnapping if such confinement, restraint or removal is for
the purpose of:
(1) Holding such other person for a ransom or
as a hostage or using such other person as a shield; or
(2) Facilitating the commission of any felony
or facilitating flight of any person following the commission of a felony; or
(3) Doing serious bodily harm to or terrorizing
the person so confined, restrained or removed or any other person; or
(4) Holding such other person in involuntary
servitude in violation of G.S. 14‑43.2.
(b) There shall be two degrees of kidnapping as
defined by subsection (a). If the person kidnapped either was not released by
the defendant in a safe place or had been seriously injured or sexually
assaulted, the offense is kidnapping in the first degree and is punishable as a
Class C felony. If the person kidnapped was released in a safe place by the
defendant and had not been seriously injured or sexually assaulted, the offense
is kidnapping in the second degree and is punishable as a Class E felony.
(c) Any firm or corporation convicted of
kidnapping shall be punished by a fine of not less than five thousand dollars
($5,000) nor more than one hundred thousand dollars ($100,000), and its charter
and right to do business in the State of North Carolina shall be forfeited.
(1933, c. 542; 1975, c. 843, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 746, s. 2; 1993, c. 539, s. 1143; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 509, s. 8.)
Article
26 Offenses against Public Morality and
Decency
§
14‑178. Incest.
(a) Offense. A person commits the offense of incest
if the person engages in carnal intercourse with the person's (i) grandparent
or grandchild, (ii) parent or child or stepchild or legally adopted child,
(iii) brother or sister of the half or whole blood, or (iv) uncle, aunt,
nephew, or niece.
(b) Punishment and Sentencing.
(1) A person is guilty of a Class B1 felony if
either of the following occurs:
a. The person commits incest against a child
under the age of 13 and the person is at least 12 years old and is at least
four years older than the child when the incest occurred.
b. The person commits incest against a child
who is 13, 14, or 15 years old and the person is at least six years older than
the child when the incest occurred.
(2) A person is guilty of a Class C felony if
the person commits incest against a child who is 13, 14, or 15 and the person
is more than four but less than six years older than the child when the incest
occurred.
(3) In all other cases of incest, the parties
are guilty of a Class F felony.
(c) No Liability for Children Under 16. No child under the age of 16 is liable under this section if the other person is at least four years older when the incest occurred.
(1879, c. 16, s. 1; Code, s. 1060; Rev., s. 3351; 1911, c. 16; C.S., s. 4337; 1965, c. 132; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1192; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑119, s. 1.)
§
14‑190.9. Indecent exposure.
(a) Unless the conduct is punishable under
subsection (a1) of this section, any person who shall willfully expose the
private parts of his or her person in any public place and in the presence of
any other person or persons, except for those places designated for a public
purpose where the same sex exposure is incidental to a permitted activity, or
aids or abets in any such act, or who procures another to perform such act; or
any person, who as owner, manager, lessee, director, promoter or agent, or in
any other capacity knowingly hires, leases or permits the land, building, or
premises of which he is owner, lessee or tenant, or over which he has control,
to be used for purposes of any such act, shall be guilty of a Class 2
misdemeanor.
(a1) Unless the conduct is prohibited by another law providing greater punishment, any person at least 18 years of age who shall willfully expose the private parts of his or her person in any public place in the presence of any other person less than 16 years of age for the purpose of arousing or gratifying sexual desire shall be guilty of a Class H felony. An offense committed under this subsection shall not be considered to be a lesser included offense under G.S. 14‑202.1.
(b) Notwithstanding any other provision of law, a woman may breast feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast feeding.
(c) Notwithstanding any other provision of law,
a local government may regulate the location and operation of sexually oriented
businesses. Such local regulation may restrict or prohibit nude, seminude, or
topless dancing to the extent consistent with the constitutional protection
afforded free speech.
(1971, c. 591, s. 1; 1993, c. 301, s. 1; c. 539, s. 124; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑46, s. 3; 2005‑226, s. 1.)
§
14‑190.16. First degree sexual exploitation of a minor.
(a) Offense. A person commits the offense of
first degree sexual exploitation of a minor if, knowing the character or
content of the material or performance, he:
(1) Uses, employs, induces, coerces,
encourages, or facilitates a minor to engage in or assist others to engage in
sexual activity for a live performance or for the purpose of producing material
that contains a visual representation depicting this activity; or
(2) Permits a minor under his custody or
control to engage in sexual activity for a live performance or for the purpose
of producing material that contains a visual representation depicting this
activity; or
(3) Transports or finances the transportation
of a minor through or across this State with the intent that the minor engage
in sexual activity for a live performance or for the purpose of producing
material that contains a visual representation depicting this activity; or
(4) Records, photographs, films, develops, or
duplicates for sale or pecuniary gain material that contains a visual
representation depicting a minor engaged in sexual activity.
(b) Inference. In a prosecution under this
section, the trier of fact may infer that a participant in sexual activity whom
material through its title, text, visual representations, or otherwise
represents or depicts as a minor is a minor.
(c) Mistake of Age. Mistake of age is not a
defense to a prosecution under this section.
(d) Punishment and Sentencing. Violation of
this section is a Class D felony.
(1985, c. 703, s. 9; 1993, c. 539, s. 1196; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 507, s. 19.5(o).)
§
14‑190.17. Second degree sexual exploitation of a minor.
(a) Offense. A person commits the offense of
second degree sexual exploitation of a minor if, knowing the character or
content of the material, he:
(1) Records, photographs, films, develops, or
duplicates material that contains a visual representation of a minor engaged in
sexual activity; or
(2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.
(b) Inference. In a prosecution under this
section, the trier of fact may infer that a participant in sexual activity whom
material through its title, text, visual representations or otherwise
represents or depicts as a minor is a minor.
(c) Mistake of Age. Mistake of age is not a
defense to a prosecution under this section.
(d) Punishment and Sentencing. Violation of
this section is a Class F felony.
(1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. Sess., c. 24, s. 14(c).)
§
14‑190.17A. Third degree sexual exploitation of a minor.
(a) Offense. A person commits the offense of
third degree sexual exploitation of a minor if, knowing the character or
content of the material, he possesses material that contains a visual
representation of a minor engaging in sexual activity.
(b) Inference. In a prosecution under this section, the trier of fact may infer that a participant in sexual activity whom material through its title, text, visual representations or otherwise represents or depicts as a minor is a minor.
(c) Mistake of Age. Mistake of
age is not a defense to a prosecution under this section.
(d) Punishment and Sentencing.
Violation of this section is a Class I felony.
(1989 (Reg. Sess., 1990), c. 1022, s. 1; 1993, c. 539, s. 1198; 1994, Ex. Sess., c. 24, s. 14(c).)
§
14‑202.1. Taking indecent liberties with children.
(a) A person is guilty of taking indecent
liberties with children if, being 16 years of age or more and at least five
years older than the child in question, he either:
(1) Willfully takes or attempts to take any
immoral, improper, or indecent liberties with any child of either sex under the
age of 16 years for the purpose of arousing or gratifying sexual desire; or
(2) Willfully commits or attempts to commit any
lewd or lascivious act upon or with the body or any part or member of the body
of any child of either sex under the age of 16 years.
(b) Taking indecent liberties with children is
punishable as a Class F felony.
(1955, c. 764; 1975, c. 779; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1201; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14‑202.2. Indecent liberties between
children.
(a) A person who is under the age of 16 years
is guilty of taking indecent liberties with children if the person either:
(1) Willfully takes or attempts to take any
immoral, improper, or indecent liberties with any child of either sex who is at
least three years younger than the defendant for the purpose of arousing or
gratifying sexual desire; or
(2) Willfully commits or attempts to commit any
lewd or lascivious act upon or with the body or any part or member of the body
of any child of either sex who is at least three years younger than the
defendant for the purpose of arousing or gratifying sexual desire.
(b) A violation of this section is punishable
as a Class 1 misdemeanor.
(1995, c. 494, s. 1; 1995
(Reg. Sess., 1996), c. 742, s. 12.)
§
14‑202.3. Solicitation of child by computer to commit an unlawful
sex act.
(a) Offense. A person is guilty of solicitation of a child by a computer if the person is 16 years of age or older and the person knowingly, with the intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands, by means of a computer, a child who is less than 16 years of age and at least 3 years younger than the defendant, or a person the defendant believes to be a child who is less than 16 years of age and who the defendant believes to be at least 3 years younger than the defendant, to meet with the defendant or any other person for the purpose of committing an unlawful sex act. Consent is not a defense to a charge under this section.
(b) Jurisdiction. The offense is committed in
the State for purposes of determining jurisdiction, if the transmission that
constitutes the offense either originates in the State or is received in the
State.
(c) Punishment. A violation of this section
is a Class H felony.
(1995 (Reg. Sess., 1996), c. 632, s. 1; 2005‑121, s. 1.)
§
14‑202.4. Taking indecent liberties 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 is at least four years older than the victim,
takes indecent liberties 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 I felony, unless the conduct is covered under some other provision of
law providing for greater punishment. A person is not guilty of taking indecent
liberties with a student if the person is lawfully married to the student.
(b) If a defendant, who is school personnel, other
than a teacher, school administrator, student teacher, school safety officer,
or coach, and who is less than four years older than the victim, takes indecent
liberties with a student as provided in subsection (a) of this section, the
defendant is guilty of a Class A1 misdemeanor.
(c) Consent is not a defense to a charge under this
section.
(d) For purposes of this section, the following
definitions apply:
(1) "Indecent liberties" means:
a. Willfully taking or attempting to take any
immoral, improper, or indecent liberties with a student for the purpose of
arousing or gratifying sexual desire; or
b. Willfully committing or attempting to commit any
lewd or lascivious act upon or with the body or any part or member of the body
of a student.
For purposes of this section, the term indecent
liberties does not include vaginal intercourse or a sexual act as defined by
G.S. 14‑27.1.
(1a) "Same school" means a school at
which (i) the student is enrolled or is present for a school‑sponsored or
school‑related activity and (ii) the school personnel is employed,
volunteers, or is present for a school‑sponsored or school‑related
activity.
(2) "School" means any public school,
charter school, or nonpublic school under Parts 1 and 2 of Article 39 of
Chapter 115C of the General Statutes.
(3) "School personnel" means any
person included in the definition contained in G.S. 115C‑332(a)(2), and
any person who volunteers at a school or a school‑sponsored activity.
(3a) "School safety officer" means any
other person who is regularly present in a school for the purpose of promoting
and maintaining safe and orderly schools and includes a school resource
officer.
(4) "Student" means a person enrolled in kindergarten, or in grade one through grade 12 in any school.
(1999‑300, s. 1; 2003‑98, s. 2; 2004‑203, s. 19(a).)
§
14‑318.4. Child abuse a felony.
(a) A parent or any other person providing care
to or supervision of a child less than 16 years of age who intentionally
inflicts any serious physical injury upon or to the child or who intentionally
commits an assault upon the child which results in any serious physical injury
to the child is guilty of a Class E felony, except as otherwise provided in
subsection (a3) of this section.
(a1) Any parent of a child less than 16 years
of age, or any other person providing care to or supervision of the child, who
commits, permits, or encourages any act of prostitution with or by the juvenile
is guilty of child abuse and shall be punished as a Class E felon.
(a2) Any parent or legal guardian of a child
less than 16 years of age who commits or allows the commission of any sexual
act upon a juvenile is guilty of a Class E felony.
(a3) A parent or any other person providing
care to or supervision of a child less than 16 years of age who intentionally
inflicts any serious bodily injury to the child or who intentionally commits an
assault upon the child which results in any serious bodily injury to the child,
or which results in permanent or protracted loss or impairment of any mental or
emotional function of the child, is guilty of a Class C felony. "Serious
bodily injury" is defined as bodily injury that creates a substantial risk
of death, or that causes serious permanent disfigurement, coma, a permanent or
protracted condition that causes extreme pain, or permanent or protracted loss
or impairment of the function of any bodily member or organ, or that results in
prolonged hospitalization.
(b) The felony of child abuse is an offense
additional to other civil and criminal provisions and is not intended to repeal
or preclude any other sanctions or remedies.
(c) Abandonment of an infant less than seven days of age pursuant to G.S. 14‑322.3 may be treated as a mitigating factor in sentencing for a conviction under this section involving that infant.
(1979, c. 897, s. 1; 1979, 2nd Sess., c. 1316, s. 18; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 653, s. 1; c. 916, § 1; 1985, c. 509, s. 5; c. 668; 1993, c. 539, s. 1233; 1994, Ex. Sess., c. 24, s. 14(c); 1999‑451, s. 1; 2001‑291, s. 5.)
Chapter
15 Criminal Procedure
Chapter
15.
Criminal
Procedure.
Article
1.
General
Provisions.
§
15‑1. Statute of limitations for misdemeanors.
The crimes of deceit and malicious mischief, and the crime of petit larceny where the value of the property does not exceed five dollars ($5.00), and all misdemeanors except malicious misdemeanors, shall be presented or found by the grand jury within two years after the commission of the same, and not afterwards: Provided, that if any indictment found within that time shall be defective, so that no judgment can be given thereon, another prosecution may be instituted for the same offense, within one year after the first shall have been abandoned by the State.
(1826, c. 11; R.C., c. 35, s. 8; Code, s. 1177; Rev., s. 3147; 1907, c. 408; C.S., s. 4512; 1943, c. 543.)
§
15‑144.1. Essentials of bill for rape.
(a) In indictments for rape 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 offense of rape was allegedly committed, and the averment "with force and arms," as is now usual, it is sufficient in describing rape to allege that the accused person unlawfully, willfully, and feloniously did ravish and carnally know the victim, naming her, by force and against her will and concluding as is now required by law. Any bill of indictment containing the averments and allegations herein named shall be good and sufficient in law as an indictment for rape in the first degree and will support a verdict of guilty of rape in the first degree, rape in the second degree, attempted rape or assault on a female.
(b) If the victim is a female child under the
age of 13 years it is sufficient to allege that the accused unlawfully,
willfully, and feloniously did carnally know and abuse a child under 13, naming
her, and concluding as aforesaid. Any bill of indictment containing the
averments and allegations herein named shall be good and sufficient in law as
an indictment for the rape of a female child under the age of 13 years and all
lesser included offenses.
(c) If the victim is a person who is mentally
disabled, mentally incapacitated, or physically helpless it is sufficient to
allege that the defendant unlawfully, willfully, and feloniously did carnally
know and abuse a person who was mentally disabled, mentally incapacitated or
physically helpless, naming such victim, and concluding as aforesaid. Any bill
of indictment containing the averments and allegations herein named shall be
good and sufficient in law for the rape of a mentally disabled, mentally
incapacitated or physically helpless person and all lesser included offenses.
(1977, c. 861, s. 1; 1979, c. 682, s. 10; 1983, c. 720, s. 1; 2002‑159, s. 2(d).)
(*Still
in search of the statutes of limitations for felony.)
§
48A‑3. Statute of limitations; applicability.
For purposes of determining the applicability of the
statute of limitations which has been tolled because of minority or for
purposes of determining the applicable period of time for disaffirmance of a
contract of a minor upon reaching majority, because of a change in applicable
law occasioned by enactment of this Chapter or Chapter 1231 of the 1971 Session
Laws, the following rules shall apply:
(1) For those persons who were 21 on the effective date of applicable law, limitations shall apply as they would prior to amendment;
(2) For those persons 18 years of age but not 21 on
the effective date of applicable law, any time periods for disaffirmance or
application of the statute of limitations shall run from the effective date of
this Chapter, to wit, July 5, 1971.
(3) For those persons not yet 18, any time periods
for disaffirmance or application of the statute of limitations shall run from
the person's reaching age 18.
(1971, c. 1231, s. 3; 2003‑207, s. 1.)
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Revised 01/07