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Legal Statutes: North Carolina

UPDATED August 17, 2016

North Carolina Statutes

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Article 7B. Rape and Other Sex Offenses

back to top14-27.22. Second-degree forcible rape

Formerly cited as § 14-27.3

(a) A person is guilty of second-degree forcible rape 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.

Added by Laws 1979, c. 682, § 1. Amended by Laws 1979 (2nd Sess.), c. 1316, § 5; Laws 1993, c. 539, § 1130, eff. Oct. 1, 1994; Laws 1994 (Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 2002-159, § 2(b), eff. Dec. 1, 2002; S.L. 2004-128, § 8, eff. Dec. 1, 2004. Recodified from § 14-27.3 by S.L. 2015-181, § 4(a), eff. Dec. 1, 2015. Amended by S.L. 2015-181, § 4(b), eff. Dec. 1, 2015.