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Sexual battery under North Carolina General Statute 14-27.5A occurs when a person (1) for the purpose of sexual arousal, sexual gratification, or sexual abuse (2) engages in sexual contact with another person (3) by force and against the will of the other person or who is mentally disabled, mentally incapacitated, or physically helpless and the defendant knew or should have known that the victim was mentally disabled, mentally incapacitated, or physically helpless.
Sexual battery is a class A1 misdemeanor with a maximum punishment under the law of 150 days incarceration and a discretionary fine not limited by statute.