GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

SESSION LAW 2017-30

HOUSE BILL 125

AN ACT to add the threatened use of a weapon to one of the elements OF FIRST-DEGREE FORCIBLE RAPE AND OF FIRST-DEGREE FORCIBLE SEX OFFENSE.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S.14‑27.21 reads as rewritten:

"§ 14‑27.21.  First‑degree forcible rape.

(a)        A person is guilty of first‑degree forcible rape if the person engages in vaginal intercourse with another person by force and against the will of the other person, and does any of the following:

(1)        Employs or displays a Uses, threatens to use, or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon.

(2)        Inflicts serious personal injury upon the victim or another person.

(3)        The person commits the offense aided and abetted by one or more other persons.

(b)        Any person who commits an offense defined in this section is guilty of a Class B1 felony.

(c)        Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of 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."

SECTION 2.  G.S. 14-27.26 reads as rewritten:

"§ 14‑27.26.  First‑degree forcible sexual offense.

(a)        A person is guilty of a first degree forcible sexual offense if the person engages in a sexual act with another person by force and against the will of the other person, and does any of the following:

(1)        Employs or displays a Uses, threatens to use, or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon.

(2)        Inflicts serious personal injury upon the victim or another person.

(3)        The person commits the offense aided and abetted by one or more other persons.

(b)        Any person who commits an offense defined in this section is guilty of a Class B1 felony."

SECTION 3.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 31^st day of May, 2017.

                                                                    s/  Bill Rabon

                                                                         Presiding Officer of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Roy Cooper

                                                                         Governor

Approved 11:15 a.m. this 8^th day of June, 2017