Bill Summary for S 651 (2015-2016)

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Summary date: 

Mar 27 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 651 (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."
Intro. by Stein.

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Bill summary

Identical to H 383 filed on 3/26/15.

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) 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.