North Carolina General Statutes Chapter 14. Criminal Law § 14-27.20. Definitions

(1) Repealed by S.L. 2018-47, § 4(a), eff. Dec. 1, 2018.

(1a) Against the will of the other person.--Either of the following:

(2) Mentally incapacitated.--A victim who due to any act is rendered substantially incapable of either appraising the nature of his or her conduct, or resisting the act of vaginal intercourse or a sexual act.

(2a) Person who has a mental disability.--A victim who has an intellectual disability or a mental disorder that temporarily or permanently renders the victim substantially incapable of appraising the nature of his or her conduct, or of resisting the act of vaginal intercourse or a sexual act, or of communicating unwillingness to submit to the act of vaginal intercourse or a sexual act.

(3) Physically helpless.--Any of the following:

(4) Sexual act.--Cunnilingus, fellatio, analingus, or anal intercourse, but does not include vaginal intercourse. Sexual act also means the penetration, however slight, by any object into the genital or anal opening of another person's body. It is an affirmative defense that the penetration was for accepted medical purposes.

(5) Sexual contact.--Any of the following:

(6) Touching.--As used in subdivision (5) of this section, means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.