State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15 > GS_15-144_1

§ 15‑144.1.  Essentialsof bill for rape.

(a)        In indictments forrape it is not necessary to allege every matter required to be proved on thetrial; but in the body of the indictment, after naming the person accused, thedate of the offense, the county in which the offense of rape was allegedlycommitted, and the averment "with force and arms," as is now usual,it is sufficient in describing rape to allege that the accused personunlawfully, willfully, and feloniously did ravish and carnally know the victim,naming her, by force and against her will and concluding as is now required bylaw. Any bill of indictment containing the averments and allegations hereinnamed shall be good and sufficient in law as an indictment for rape in thefirst degree and will support a verdict of guilty of rape in the first degree,rape in the second degree, attempted rape or assault on a female.

(b)        If the victim is afemale child under the age of 13 years it is sufficient to allege that theaccused unlawfully, willfully, and feloniously did carnally know and abuse achild under 13, naming her, and concluding as aforesaid. Any bill of indictmentcontaining the averments and allegations herein named shall be good andsufficient in law as an indictment for the rape of a female child under the ageof 13 years and all lesser included offenses.

(c)        If the victim is aperson who is mentally disabled, mentally incapacitated, or physically helplessit is sufficient to allege that the defendant unlawfully, willfully, andfeloniously did carnally know and abuse a person who was mentally disabled,mentally incapacitated or physically helpless, naming such victim, andconcluding as aforesaid. Any bill of indictment containing the averments andallegations herein named shall be good and sufficient in law for the rape of amentally disabled, mentally incapacitated or physically helpless person and alllesser included offenses. (1977, c. 861, s. 1; 1979, c. 682, s. 10; 1983, c.720, s. 1; 2002‑159, s. 2(d).)