§ 14-27.1. Definitions. - North Carolina Statutes

Article 7A.

Rape and Other SexOffenses.

§ 14‑27.1.  Definitions.

As used in this Article,unless the context requires otherwise:

(1)        "Mentallydisabled" means (i) a victim who suffers from mental retardation, or (ii)a victim who suffers from a mental disorder, either of which temporarily orpermanently renders the victim substantially incapable of appraising the natureof his or her conduct, or of resisting the act of vaginal intercourse or asexual act, or of communicating unwillingness to submit to the act of vaginalintercourse or a sexual act.

(2)        "Mentallyincapacitated" means a victim who due to any act committed upon the victimis rendered substantially incapable of either appraising the nature of his orher conduct, or resisting the act of vaginal intercourse or a sexual act.

(3)        "Physicallyhelpless" means (i) a victim who is unconscious; or (ii) a victim who isphysically unable to resist an act of vaginal intercourse or a sexual act orcommunicate unwillingness to submit to an act of vaginal intercourse or asexual act.

(4)        "Sexualact" means cunnilingus, fellatio, analingus, or anal intercourse, but doesnot include vaginal intercourse. Sexual act also means the penetration, howeverslight, by any object into the genital or anal opening of another person'sbody: provided, that it shall be an affirmative defense that the penetrationwas for accepted medical purposes.

(5)        "Sexualcontact" means (i) touching the sexual organ, anus, breast, groin, orbuttocks of any person, (ii) a person touching another person with their ownsexual organ, anus, breast, groin, or buttocks, or (iii) a person ejaculating,emitting, or placing semen, urine, or feces upon any part of another person.

(6)        "Touching"as used in subdivision (5) of this section, means physical contact with anotherperson, whether accomplished directly, through the clothing of the personcommitting the offense, or through the clothing of the victim. (1979, c. 682, s. 1; 2002‑159,s. 2(a); 2003‑252, s. 1; 2006‑247, s. 12(a).)