Forcible Sexual Offense

Forcible sexual offense in North Carolina are divided into two separate categories: first degree forcible sexual offense and second degree forcible sexual offense.

First degree forcible sexual offense under North Carolina General Statute 14-27.4 occurs when a person (1) engages in a sexual act other than vaginal intercourse (2) with a person (3) by force and (4) against the person’s will and (5) the defendant uses or displays a dangerous or deadly weapon, inflicts serious personal injury on the victim, inflicts serious personal injury on another person, or is aided and abetted by one or more other persons. First degree forcible sexual offense differs from first degree forcible rape only in the requirement of vaginal intercourse for rape. First degree forcible sexual offense is a class B1 felony with a maximum punishment under the law of life without parole.

Second degree forcible sexual offense under North Carolina General Statute 14-27.5 occurs when a person (1) engages in a sexual act other than vaginal intercourse (2) with a person and (3) the act is by force and against a person’s will or with someone who is mentally disabled, mentally incapacitated, or physically helpless and (4) the defendant knew or should have known that the victim was mentally disabled, mentally incapacitated, or physically helpless. Second degree forcible sexual offense is a class C felony with a maximum punishment under the law of 231 months incarceration.