GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    1

HOUSE BILL 125

Short Title:      Threatened Weapon Inc. in First-Deg Rape.		(Public)
Sponsors:	Representatives Rogers, Duane Hall, Jackson, and Destin Hall (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Judiciary II

February 20, 2017

A BILL TO BE ENTITLED

AN ACT to add the threatened use of a weapon to one of the elements for first‑degree forcible rape, as recommended by the north carolina courts commission.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S.14‑27.21 reads as rewritten:

"§ 14‑27.21.  First‑degree forcible rape.

(a)        A person is guilty of first‑degree forcible rape if the person engages in vaginal intercourse with another person by force and against the will of the other person, and does any of the following:

(1)        Employs or displays a Uses, threatens to use, or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon.

(2)        Inflicts serious personal injury upon the victim or another person.

(3)        The person commits the offense aided and abetted by one or more other persons.

(b)        Any person who commits an offense defined in this section is guilty of a Class B1 felony.

(c)        Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes."

SECTION 2.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.