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North Carolina Statute of limitations

North Carolina

What is the statue of limitaions for charging someone of rape in north carolina? Does it matter if the victim was drugged into unconsciousness?

North Carolina is among several states that have no time limitations for prosecution of most sexual offenses against children. The time limitation to bring prosecution for a misdemeanor offense in North Carolina is two years.

If a sexual offense is committed against a victim who is drugged or unconscious, the same laws apply. Below are 3 of several sexual offense statutes that may or may not apply to this type of situation. A prosecuting attorney would make a determination as to what laws were violated, by conducting an investigation. Any charges filed would be based on the findings of an investigation.

§ 14‑27.3. Second‑degree rape.
(a)A person is guilty of rape in the second degree 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 performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b)Any person who commits the offense defined in this section is guilty of a Class C felony.
(c)Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during 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. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 5; 1981, cc. 63, 179; 1993, c. 539, s. 1130; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 2(b); 2004‑128, s. 8.)

§ 14‑27.5. Second‑degree sexual offense.
(a)A person is guilty of a sexual offense in the second degree if the person engages in a sexual act 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 performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 2(c).)

§ 14‑27.5A. Sexual battery.
(a)A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact 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 performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b)Any person who commits the offense defined in this section is guilty of a Class A1 misdemeanor.
(2003‑252, s. 2)



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