What is the penalty for a man to have sex with a women who the courts have deemed "incompetent"?

Full question:

What is the penalty for a man to have sex with a women who the courts have deemed "incompetent"?

• Category: Criminal
• Subcategory: Sentences
• Date: 04/07/2025
• State: North Carolina

Answer:

The following is a statute:

§ 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.

§ 14-3. Punishment of misdemeanors, infamous offenses, offenses committed
in secrecy and malice, or with deceit and intent to defraud, or with
ethnic animosity.

(a) Except as provided in subsections (b) and (c), every person who
shall be convicted of any misdemeanor for which no specific
classification and no specific punishment is prescribed by statute shall
be punishable as a Class 1 misdemeanor. Any misdemeanor that has a
specific punishment, but is not assigned a classification by the General
Assembly pursuant to law is classified as follows, based on the maximum
punishment allowed by law for the offense as it existed on the effective
date of Article 81B of Chapter 15A of the General Statutes:

(1) If that maximum punishment is more than six months imprisonment, it
is a Class 1 misdemeanor;

(2) If that maximum punishment is more than 30 days but not more than
six months imprisonment, it is a Class 2 misdemeanor; and

(3) If that maximum punishment is 30 days or less imprisonment or only
a fine, it is a Class 3 misdemeanor.

Misdemeanors that have punishments for one or more counties or cities
pursuant to a local act of the General Assembly that are different from
the generally applicable punishment are classified pursuant to this
subsection if not otherwise specifically classified.

(b) If a misdemeanor offense as to which no specific punishment is
prescribed be infamous, done in secrecy and malice, or with deceit and
intent to defraud, the offender shall, except where the offense is a
conspiracy to commit a misdemeanor, be guilty of a Class H felony.
victim's race, color, religion, nationality, or country of origin, the

(c) If any Class 2 or Class 3 misdemeanor is committed because of the
offender shall be guilty of a Class 1 misdemeanor. If any Class A1 or
Class 1 misdemeanor offense is committed because of the victim's race,
color, religion, nationality, or country of origin, the offender shall be
guilty of a Class I felony.