CLARIFY STATUTORY SCHEME/SEX OFFENSES.

View NCGA Bill Details2015-2016 Session
House Bill 383 (Public) Filed Thursday, March 26, 2015
AN ACT TO REORGANIZE, RENAME, AND RENUMBER VARIOUS SEXUAL OFFENSES TO MAKE THEM MORE EASILY DISTINGUISHABLE FROM ONE ANOTHER AS RECOMMENDED BY THE NORTH CAROLINA COURT OF APPEALS IN "STATE OF NORTH CAROLINA V. SLADE WESTON HICKS, JR.," AND TO MAKE OTHER TECHNICAL CHANGES.
Intro. by Glazier, Stam, Jordan, Faircloth.

Status: Ch. SL 2015-181 (House Action) (Aug 5 2015)

SOG comments (1):

Change Long Title

Senate committee substitute changed long title. Long title was AN ACT TO REORGANIZE, RENAME, AND RENUMBER VARIOUS SEXUAL OFFENSES TO MAKE THEM MORE EASILY DISTINGUISHABLE FROM ONE ANOTHER AS RECOMMENDED BY THE NORTH CAROLINA COURT OF APPEALS IN "STATE OF NORTH CAROLINA V. SLADE WESTON HICKS, JR."

H 383/S.L. 2015-181

Bill Summaries:

  • Summary date: Aug 10 2015 - More information

    AN ACT TO REORGANIZE, RENAME, AND RENUMBER VARIOUS SEXUAL OFFENSES TO MAKE THEM MORE EASILY DISTINGUISHABLE FROM ONE ANOTHER AS RECOMMENDED BY THE NORTH CAROLINA COURT OF APPEALS IN "STATE OF NORTH CAROLINA V. SLADE WESTON HICKS, JR.," AND TO MAKE OTHER TECHNICAL CHANGES. Enacted August 5, 2015. Effective December 1, 2015.


  • Summary date: Jul 16 2015 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends the long title.

    Amends GS 14-27.25, as amended by SL 2015-62, to provide that to be guilty of statutory rape of a person who is 15 years of age or younger, the defendant must be at least 12 years old and at least six years older than the person for a Class B1 felony or at least 12 years old and more than four but less than six years older than the person for a Class C felony (previously, provided that to be guilty of statutory rape of a person who is 15 years old or younger the defendant had to be at least six years older than the person for a Class B1 felony or more than four but less than six years older for it to be a Class C felony, with no minimum age requirement). Makes conforming changes reflecting changes made by SL 2015-62.  

    Amends proposed GS 14-27.30 to provide that to be guilty of a sexual offense of a person who is 15 years or younger, the defendant must be at least 12 years old and at least six years older than the person for a Class B1 felony or at least 12 years old and more than four but less than six years older than the person for a Class C felony (previously, required the person to be 13, 14, or 15 years old and the defendant to be at least six years older than the person for a Class B1 felony and required the person to be 13, 14, or 15 years old and the defendant more than four but less than six years older than the person for a Class C felony).

    Amends the following sections to make clarifying and conforming changes reflecting changes and recodifications made in the previous editions, including updating statutory title references:

    GS 7B-101, GS 7B-401.1, GS 7B-1103, GS 7B-1602, GS 7B-2509, GS 7B-2513, GS 7B-2514, GS 7B-2516, GS 7B-2600, GS 8-53.12, GS 14-208.6, GS 14-208.26, GS 48-3-603, GS 50-13.1, GS 50B-1, GS 90-171.38, GS 143B-1200, GS 15A-145.5, GS 15A-145.4, GS 90-210.25B, and GS 15A-290.

    Adds language allowing the Revisor of Statutes to adjust the order of lists of multiple statutes to maintain order; also provides authority to correct terms, make conforming changes to catch lines, and references to catch lines.

    Changes the effective date of the act to December 1, 2015 (was effective October 1, 2015).


  • Summary date: Apr 21 2015 - More information

    House committee substitute makes the following changes to the 1st edition.

    Makes a technical correction.

    Clarifies that the act applies to offenses committed on or after October 1, 2015.


  • Summary date: Mar 27 2015 - More information

    Recodifies and renames various sexual offenses. Also makes the following changes.

    Separates out offenses for first and second degree statutory rape and forcible rape into their own statutes. 

    Amends GS 14-27.3 (recodified as GS 14-27.22) to make a person guilty of second degree forcible rape if the person engages in vaginal intercourse 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 knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.

    Amends GS 14-27.5 (recodified as GS 14-27.27) to make a person guilty of second degree forcible sexual offense if the person engages in vaginal intercourse 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 knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.

    Makes additional clarifying, organizational, and conforming changes.

    Effective October 1, 2015. Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act and the statutes that would be applicable but for this act remain applicable to those prosecutions.


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