(a) A person is guiltyof rape of a child if the person is at least 18 years of age and engages invaginal intercourse with a victim who is a child under the age of 13 years.
(b) A person convictedof violating this section is guilty of a Class B1 felony and shall be sentencedpursuant to Article 81B of Chapter 15A of the General Statutes, except that inno case shall the person receive an active punishment of less than 300 months,and except as provided in subsection (c) of this section. Following thetermination of active punishment, the person shall be enrolled in satellite‑basedmonitoring for life pursuant to Part 5 of Article 27A of Chapter 14 of theGeneral Statutes.
(c) Notwithstanding theprovisions of Article 81B of Chapter 15A of the General Statutes, the court maysentence the defendant to active punishment for a term of months greater thanthat authorized pursuant to G.S. 15A‑1340.17, up to and including lifeimprisonment without parole, if the court finds that the nature of the offenseand the harm inflicted are of such brutality, duration, severity, degree, orscope beyond that normally committed in such crimes, or considered in basicaggravation of these crimes, so as to require a sentence to active punishmentin excess of that authorized pursuant to G.S. 15A‑1340.17. If the courtsentences the defendant pursuant to this subsection, it shall make findings offact supporting its decision, to include matters it considered as egregiousaggravation. Egregious aggravation can include further consideration ofexisting aggravating factors where the conduct of the defendant falls outsidethe heartland of cases even the aggravating factors were designed to cover.Egregious aggravation may also be considered based on the extraordinarily youngage of the victim, or the depraved torture or mutilation of the victim, orextraordinary physical pain inflicted on the victim.
(d) Upon conviction, aperson convicted under this section has no rights to custody of or rights ofinheritance from any child born as a result of the commission of the rape, norshall the person have any rights related to the child under Chapter 48 orSubchapter 1 of Chapter 7B of the General Statutes.
(e) The offense underG.S. 14‑27.2(a)(1) is a lesser included offense of the offense in thissection. (2008‑117,s. 1.)
(a) A person is guiltyof rape of a child if the person is at least 18 years of age and engages invaginal intercourse with a victim who is a child under the age of 13 years.
(b) A person convictedof violating this section is guilty of a Class B1 felony and shall be sentencedpursuant to Article 81B of Chapter 15A of the General Statutes, except that inno case shall the person receive an active punishment of less than 300 months,and except as provided in subsection (c) of this section. Following thetermination of active punishment, the person shall be enrolled in satellite‑basedmonitoring for life pursuant to Part 5 of Article 27A of Chapter 14 of theGeneral Statutes.
(c) Notwithstanding theprovisions of Article 81B of Chapter 15A of the General Statutes, the court maysentence the defendant to active punishment for a term of months greater thanthat authorized pursuant to G.S. 15A‑1340.17, up to and including lifeimprisonment without parole, if the court finds that the nature of the offenseand the harm inflicted are of such brutality, duration, severity, degree, orscope beyond that normally committed in such crimes, or considered in basicaggravation of these crimes, so as to require a sentence to active punishmentin excess of that authorized pursuant to G.S. 15A‑1340.17. If the courtsentences the defendant pursuant to this subsection, it shall make findings offact supporting its decision, to include matters it considered as egregiousaggravation. Egregious aggravation can include further consideration ofexisting aggravating factors where the conduct of the defendant falls outsidethe heartland of cases even the aggravating factors were designed to cover.Egregious aggravation may also be considered based on the extraordinarily youngage of the victim, or the depraved torture or mutilation of the victim, orextraordinary physical pain inflicted on the victim.
(d) Upon conviction, aperson convicted under this section has no rights to custody of or rights ofinheritance from any child born as a result of the commission of the rape, norshall the person have any rights related to the child under Chapter 48 orSubchapter 1 of Chapter 7B of the General Statutes.
(e) The offense underG.S. 14‑27.2(a)(1) is a lesser included offense of the offense in thissection. (2008‑117,s. 1.)
(a) A person is guiltyof rape of a child if the person is at least 18 years of age and engages invaginal intercourse with a victim who is a child under the age of 13 years.
(b) A person convictedof violating this section is guilty of a Class B1 felony and shall be sentencedpursuant to Article 81B of Chapter 15A of the General Statutes, except that inno case shall the person receive an active punishment of less than 300 months,and except as provided in subsection (c) of this section. Following thetermination of active punishment, the person shall be enrolled in satellite‑basedmonitoring for life pursuant to Part 5 of Article 27A of Chapter 14 of theGeneral Statutes.
(c) Notwithstanding theprovisions of Article 81B of Chapter 15A of the General Statutes, the court maysentence the defendant to active punishment for a term of months greater thanthat authorized pursuant to G.S. 15A‑1340.17, up to and including lifeimprisonment without parole, if the court finds that the nature of the offenseand the harm inflicted are of such brutality, duration, severity, degree, orscope beyond that normally committed in such crimes, or considered in basicaggravation of these crimes, so as to require a sentence to active punishmentin excess of that authorized pursuant to G.S. 15A‑1340.17. If the courtsentences the defendant pursuant to this subsection, it shall make findings offact supporting its decision, to include matters it considered as egregiousaggravation. Egregious aggravation can include further consideration ofexisting aggravating factors where the conduct of the defendant falls outsidethe heartland of cases even the aggravating factors were designed to cover.Egregious aggravation may also be considered based on the extraordinarily youngage of the victim, or the depraved torture or mutilation of the victim, orextraordinary physical pain inflicted on the victim.
(d) Upon conviction, aperson convicted under this section has no rights to custody of or rights ofinheritance from any child born as a result of the commission of the rape, norshall the person have any rights related to the child under Chapter 48 orSubchapter 1 of Chapter 7B of the General Statutes.
(e) The offense underG.S. 14‑27.2(a)(1) is a lesser included offense of the offense in thissection. (2008‑117,s. 1.)
