Full question:
What is the penalty for second degree rape and sexual battery in North Carolina?
- Category: Criminal
- Date:
- State: North Carolina
Answer:
In North Carolina, a person is guilty of second degree rape if they engage in vaginal intercourse with another person:
- By force and against the will of that person; or
- With someone who is mentally disabled, mentally incapacitated, or physically helpless, and the offender knows or should reasonably know this.
This offense is classified as a Class C felony.
For sexual battery, a person is guilty if they engage in sexual contact with another person:
- By force and against the will of that person; or
- With someone who is mentally disabled, mentally incapacitated, or physically helpless, and the offender knows or should reasonably know this.
Sexual battery is classified as a Class A1 misdemeanor.
North Carolina uses a structured sentencing system that determines presumptive sentences based on the severity of the offense and the offender's criminal history. Serious crimes and repeat offenders typically face jail or prison time, known as active terms. The felony sentencing chart divides sentences into active and optional categories, including intermediate and community punishment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.