A BILL TO BE ENTITLED
AN ACT To strengthen penalties for committing second‑degree rape or second‑degree sexual offense and to make first‑degree rape and first‑degree sex  offenses applicable where the victim is mentally disabled, mentally incapacitated, or physically helpless.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑27.3 reads as rewritten:
"§ 14‑27.3.  Second‑degree rape.
(a)	A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:
(1)	By force and against the will of the other person; or
(2)	Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b)	Any person who commits the offense defined in this section is guilty of a Class B2 felony.
(c)	Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during 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.  G.S. 14‑27.5 reads as rewritten:
"§ 14‑27.5.  Second‑degree sexual offense.
(a)	A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person:
(1)	By force and against the will of the other person; or
(2)	Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b)	Any person who commits the offense defined in this section is guilty of a Class B2 felony."
SECTION 3.  G.S. 14‑27.2 reads as rewritten:
"§ 14‑27.2.  First‑degree rape.
(a)	A person is guilty of rape in the first degree if the person engages in vaginal intercourse:
(1)	With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2)	With another person by force and against the will of the other  person; or
(3)	With a person who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless, and:
a.	Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b.	Inflicts serious personal injury upon the victim or another person; or
c.	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 4.  G.S. 14‑27.4 reads as rewritten:
"§ 14‑27.4.  First‑degree sexual offense.
(a)	A person is guilty of a sexual offense in the first degree if the person engages in a sexual act:
(1)	With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2)	With another person by force and against the will of the other person; or
(3)	With a person who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless, and:
a.	Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b.	Inflicts serious personal injury upon the victim or another person; or
c.	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."
SECTION 5.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.