(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 has a mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should reasonably know that the other person has a mental disability or is 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; 2015-181, s. 15; 2018-47, s. 4(d).)

Attorney's Note

Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A1 misdemeanorup to 150 days
For details, see § 15A-1340.23

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