State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15 > GS_15-144_2

§ 15‑144.2.  Essentialsof bill for sex offense.

(a)        In indictments forsex offense it is not necessary to allege every matter required to be proved onthe trial; but in the body of the indictment, after naming the person accused,the date of the offense, the county in which the sex offense was allegedlycommitted, and the averment "with force and arms," as is now usual,it is sufficient in describing a sex offense to allege that the accused personunlawfully, willfully, and feloniously did engage in a sex offense with thevictim, naming the victim, by force and against the will of such victim andconcluding as is now required by law. Any bill of indictment containing theaverments and allegations herein named shall be good and sufficient in law asan indictment for a first degree sex offense and will support a verdict ofguilty of a sex offense in the first degree, a sex offense in the seconddegree, an attempt to commit a sex offense or an assault.

(b)        If the victim is aperson under the age of 13 years, it is sufficient to allege that the defendantunlawfully, willfully, and feloniously did engage in a sex offense with a childunder the age of 13 years, naming the child, and concluding as aforesaid. Anybill of indictment containing the averments and allegations herein named shallbe good and sufficient in law as an indictment for a sex offense against achild under the age of 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 engage in a sex offense with a person who was mentallydisabled, mentally incapacitated or physically helpless, naming such victim,and concluding as aforesaid. Any bill of indictment containing the avermentsand allegations herein named shall be good and sufficient in law for a sexoffense against a mentally disabled, mentally incapacitated or physicallyhelpless person and all lesser included offenses. (1979, c. 682, s. 11; 1983,c. 720, ss. 2, 3; 2002‑159, s. 2(e).)