§ 14-27.7. Intercourse and sexual offenses with certain victims; consent no defense. - North Carolina Statutes

§ 14‑27.7.  Intercourseand sexual offenses with certain victims; consent no defense.

(a)        If a defendant whohas assumed the position of a parent in the home of a minor victim engages invaginal intercourse or a sexual act with a victim who is a minor residing inthe home, or if a person having custody of a victim of any age or a person whois an agent or employee of any person, or institution, whether such institutionis private, charitable, or governmental, having custody of a victim of any ageengages in vaginal intercourse or a sexual act with such victim, the defendantis guilty of a Class E felony. Consent is not a defense to a charge under thissection.

(b)        If a defendant, whois a teacher, school administrator, student teacher, school safety officer, orcoach, at any age, or who is other school personnel, and who is at least fouryears older than the victim engages in vaginal intercourse or a sexual act witha victim who is a student, at any time during or after the time the defendantand victim were present together in the same school, but before the victimceases to be a student, the defendant is guilty of a Class G felony, exceptwhen the defendant is lawfully married to the student. The term "sameschool" means a school at which the student is enrolled and the defendantis employed, assigned, or volunteers. A defendant who is school personnel,other than a teacher, school administrator, student teacher, school safetyofficer, or coach, and is less than four years older than the victim andengages in vaginal intercourse or a sexual act with a victim who is a student,is guilty of a Class A1 misdemeanor. This subsection shall apply unless theconduct is covered under some other provision of law providing for greaterpunishment. Consent is not a defense to a charge under this section. Forpurposes of this subsection, the terms "school", "schoolpersonnel", and "student" shall have the same meaning as in G.S.14‑202.4(d). For purposes of this subsection, the term "schoolsafety officer" shall include a school resource officer or any otherperson who is regularly present in a school for the purpose of promoting andmaintaining safe and orderly schools. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 9;1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1132; 1994, Ex. Sess., c. 24, s.14(c); 1999‑300, s. 2; 2003‑98, s. 1.)