14-27.33. 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 has a mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should reasonably know that the other person has a mental disability or is 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; 2015-181, s. 15; 2018-47, s. 4(d).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 7B - Rape and Other Sex Offenses.
§ 14-27.21 - First-degree forcible rape.
§ 14-27.22 - Second-degree forcible rape.
§ 14-27.23 - Statutory rape of a child by an adult.
§ 14-27.24 - First-degree statutory rape.
§ 14-27.25 - Statutory rape of person who is 15 years of age or younger.
§ 14-27.26 - First-degree forcible sexual offense.
§ 14-27.27 - Second-degree forcible sexual offense.
§ 14-27.28 - Statutory sexual offense with a child by an adult.
§ 14-27.29 - First-degree statutory sexual offense.
§ 14-27.30 - Statutory sexual offense with a person who is 15 years of age or younger.
§ 14-27.31 - Sexual activity by a substitute parent or custodian.
§ 14-27.32 - Sexual activity with a student.
§ 14-27.33A - Sexual contact or penetration under pretext of medical treatment.
§ 14-27.34 - No defense that victim is spouse of person committing act.
§ 14-27.35 - No presumption as to incapacity.
§ 14-27.36 - Evidence required in prosecutions under this Article.