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N.C. Gen. Stat. § 14-27.33

Sexual battery

Applied in 4 court decisions — leading case United States v. Alfaro (2016)

Most recently applied in Eddy Raphael Galeano v. U.S. Attorney General (September 2017)

2003-252, s. 2; 2015-181, s. 15; 2018-47, s. 4(d).

(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.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.