§ 14-27.4A. Sexual offense with a child; adult offender. - North Carolina Statutes

§ 14‑27.4A.  Sexualoffense with a child; adult offender.

(a)        A person is guiltyof sexual offense with a child if the person is at least 18 years of age andengages in a sexual act 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 egregious aggravation.Egregious aggravation can include further consideration of existing aggravatingfactors where the conduct of the defendant falls outside the heartland of caseseven the aggravating factors were designed to cover. Egregious aggravation mayalso be considered based on the extraordinarily young age of the victim, or thedepraved torture or mutilation of the victim, or extraordinary physical paininflicted on the victim.

(d)        The offense underG.S. 14‑27.4(a)(1) is a lesser included offense of the offense in thissection.  (2008‑117,s. 2.)