What is the penalty for second degree rape and sexual battery in North Carolina?
Full Question:
Answer:
B' 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.
B' 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.
North Carolina has adopted a structured sentencing system which stipulate presumptive sentences according to offense severity and criminal history for all felonies and misdemeanors. For serious crimes and repeat offenders, the guidelines presume jail or prison terms (called active terms). The felony sentencing chart is divided by a grid border that separates cells corresponding to active versus optional sentences including intermediate and community punishment. In December 1995, selected minimum sentence ranges were amended to increase sanctions and terms for serious crimes and offenders.