Section VII

Possession of Controlled Substance in Violation of Law (G.S. §90-86 through 90-113.8): It is unlawful for a person to possess or have in his/her immediate control any of the following: Marijuana, Heroin, LSD, Methamphetamine, Cocaine, or any other drug, substance, or immediate precursor included in Schedules I - VI of the North Carolina Controlled Substances Act. (G.S. §90-89 through 90-94.)

• The unauthorized possession of a prescription drug is included under this offense.
• The principal should confer with law enforcement personnel if there is doubt as to whether or not a certain drug is considered a controlled substance

Assault Resulting in Serious Personal Injury (G.S. §14-32.4): An intentional offer or attempt by force or violence to do injury to the person of another that causes reasonable apprehension of immediate bodily harm resulting in one of the following: (1) substantial risk of death, (2) serious permanent disfigurement, (3) a coma, (4) a permanent or protracted condition that causes extreme pain, (5) permanent or protracted loss or impairment of the function of any bodily member or organ, or (6) that results in prolonged hospitalization. 

Assault Involving Use of a Weapon, Firearm, or Powerful Explosive (G.S. §14-32 through 14-34.10 and G.S. 14-34 through 14-34.10 and 14-49 through 14-50.1): An intentional offer or attempt by force or violence to the person of another that causes reasonable apprehension of immediate bodily harm through the use of any firearm or other dangerous weapon, implement or means, any explosive or incendiary device or material, or discharges or attempts to discharge a firearm into occupied property, from within an enclosure to incite fear, or from an enclosure toward a person(s) outside enclosure as part of gang activity

Assault on School Officials, Employees, and Volunteers (G.S. §14-33(c)(6)): An intentional offer or attempt by force or violence to do injury to a school official, employee, or volunteer that causes reasonable apprehension of immediate bodily harm while the school official, employee, or volunteer is discharging or attempting to discharge his/her duties.

• The “duties” of a school official, employee, or volunteer include the following: (1) all activities on school property, (2) all activities during a school authorized event or the accompanying of students to or from that event, and (3) all activities relating to the operation of school transportation.
• An “employee” includes (1) one who is employed by a local board of education, (2) one who is employed by a charter school, (3) one who is employed by a nonpublic school that operates under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes, or (4) an independent contractor if the independent contractor or employee of the independent contractor carries out duties customarily performed by employees of the school.
• A “volunteer” is one who volunteers his/her services or presence at any school activity and is under the supervision of an employee.
• This offense includes assaults on school personnel that do not involve the use of a weapon and do not result in apparent serious injury.

Making Bomb Threats or Engaging in Bomb Hoaxes (G.S. §14-69.2): A person who, with intent to perpetrate a hoax, conceals, places, or displays in or at a public building any device, machine, instrument, or artifact, so as to cause any person reasonably to believe the same to be a bomb or other device capable of causing injury to persons or property.

• A “public building” encompasses all educational property, as defined in G.S. 14-269.2, including: (1) any school building or bus, and (2) school campus, grounds, recreational area, athletic field, or other property owned, used, or operated, by any board of education or school board of trustees or directors for the administration of any school.
• “Public buildings” also include: (1) hospitals, and (2) buildings that house only State, federal, or local government offices, or the offices of the State, federal, or local government located in a building that is not exclusively occupied by the State, federal, or local government.
• This offense includes when a person communicates a bomb threat by any means.

Willfully Burning a School Building (G.S. §14-60): A person who wantonly and willfully sets fire to, burns, causes to be burned, or aids, counsels, or procures the burning of any schoolhouse or building owned, leased, or used by any public school, private school, college, or educational institution.

Homicide (G.S. §14-17 and 14.18): A murder which is perpetrated by one of the following means: (1) nuclear, biological, or chemical weapon of mass destruction, (2) poison, (3) lying in wait, (4) imprisonment, (5) starving, (6) torture, (7) any other kind of willful, deliberate, and premeditated killing, (8) during the perpetration or attempted perpetration of an arson, rape, sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon, (9) the unlawful distribution of opium, opiate, or opioid or any other synthetic or natural salt, compound, derivative, or preparation of opium, cocaine or other substance described in G.S. §90-90(1)d., methamphetamine, or a depressant described in G.S. 90-92(a)(1) and ingestion by the user results in, or (10) all other types of murder. 

Kidnapping (G.S. §14-39): A person who unlawfully confines, restrains, or removes from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years old without the consent of a parent or legal guardian of such person, shall be guilty of kidnapping if such confinement, restraint, or removal is for the purposes of one of the following: (1) holding such other person for a ransom, as a hostage, or using such other person as a shield, (2) facilitating the commission of any felony or facilitating the flight of any person following the commission of a felony, (3) doing serious bodily harm to or terrorizing the person so confined, restrained, or removed by any other person, (4) holding such other person in involuntary servitude, (5) trafficking another person with the intent that the person be held in involuntary servitude or sexual servitude, or (6) subjecting or maintaining such other person for sexual servitude. 

Unlawful, underage sales, purchase, provision, possession, or consumption of alcoholic beverages: It shall be unlawful for a person younger than 21 years of age to possess, sell, give, or purchase any alcoholic beverages. It is also unlawful for any person to aid and abet a person under the age of 21 years old in his/her attempt to obtain an alcoholic beverage.

• An “alcoholic beverage” includes the following: (1) malt beverage, (2) fortified wine, (3) unfortified wine, (4) spirituous liquor, (5) mixed beverages, or (6) beer.

Possession of a Firearm or Powerful Explosive (G.S. §14-269.2): It is unlawful for any person to possess or carry, whether openly or concealed, 1) any gun, rifle, pistol, or other firearm of any kind and 2) any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. §14-284.1 on educational property or to a curricular or extracurricular activity sponsored by a school.

• This offense does not apply to a BB gun, stun gun, air rifle, air pistol or fireworks.
• No person shall be guilty of a criminal violation so long as both of the following apply: (1) The person comes into possession of a weapon by taking or receiving the weapon from — 119— Return to Table of Contents another person or by finding the weapon and (2) the person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities.
• Persons authorized to carry weapons on school property are individuals carrying a concealed handgun with a permit as authorized by Chapter 14, Article 54B of the NC General Statutes as amended by Session Law 2013-369, and law enforcement officers, firefighters, and emergency service personnel when discharging their official duties.

Possession of a Weapon on Campus or Other Educational Property (G.S. §14-269.2, G.S. §14-269.2(d)): It is unlawful for any person to possess or carry, whether openly or concealed, any of the following weapons on campus or other educational property: (1) any BB gun, (2) stun gun, (3) air rifle, (4) air pistol, (5) bowie knife, (6) dirk, (7) dagger, (8) slungshot, (9) leaded cane, (10) switchblade knife, (11) blackjack, (12) metallic knuckles, (13) razors and razor blades (except solely for personal shaving), (14) fireworks, or (15) any sharp-pointed or edged instrument except instructional supplies, unaltered nail files, clips, and tools used solely for preparation of food, instruction, and maintenance.

• “Switchblade knife” is defined as “a knife containing a blade that opens automatically by the release of a spring or a similar contrivance”.
• “Educational Property” refers to any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.
• No person shall be guilty of a criminal violation so long as both of the following apply: (1) The person comes into possession of a weapon by taking or receiving the weapon from another person or by finding the weapon and (2) the person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities.
• Persons authorized to carry weapons on school property are individuals carrying a concealed handgun with a permit as authorized by Chapter 14, Article 54B of the NC General Statutes as amended by Session Law 2013-369, and law enforcement officers, firefighters, and emergency service personnel when discharging their official duties.

Rape (G.S. § 14-27.21 through 14 -27.25): A person is guilty of rape if that person engages in vaginal intercourse with another person by force and against the will of the other person, or if the person being assaulted 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.

• First-degree forcible rape: a person is guilty 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) uses, threatens to use, or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous weapon, 2) inflicts serious injury on the victim or another person, and/or 3) the person commits the offense aided and abetted by one of more other persons.
• Second-degree forcible rape: a person is guilty if the person engages in vaginal intercourse with another person by force and against the will of the other person OR a person is guilty if the person engages in vaginal intercourse with another person who has a mentally disability, is mentally incapacitated, or physically helpless and the person performing the act knows or should reasonably know that the other person has a mentally disability, is mentally incapacitated, or physically helpless.
• Statutory rape of a child by an adult: a person is guilty if the person is at least 18 years of age and engages in vaginal intercourse with a victim who is a child under the age of 13 years.
• First-degree statutory rape: if the defendant engages in vaginal intercourse 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.
• Statutory rape of person who is 15 years of age or younger: if the defendant engages in vaginal intercourse with another person who is 15 years of age or younger and the defendant — 120— Return to Table of Contents is at least 12 years old and at least six years older than the person, except when the defendant is lawfully married to the person.

Robbery With a Dangerous Weapon, Firearm, or Powerful Explosive (G.S. §14-87): Any person or persons who, having in possession or with the use or threatened use of any firearms or other dangerous weapon, implement or means, whereby the life of a person is endangered or threatened, unlawfully takes or attempts to take personal property from another or from any place of business, residence, or banking institution or any other place where there is a person or persons in attendance, at any time, either day or night, or who aids or abets any such person or persons in the commission of such crime. 

Sexual Assault (Sexual Battery, Sexual Activity and Contact and Penetration under Pretext of Medical Treatment (G.S. 14-27.31 and G.S. 14-27.33)):

• Sexual battery: A person is guilty of sexual battery if he/she, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person by force and against the will of the other person, OR A person is guilty of sexual battery if he/she, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person if the person being assaulted 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.
  • • G.S. § 14-27.20(5) defines “sexual contact” as A) touching the sexual organ, anus, breast, groin, or buttocks of any person, B) a person touching another person with their own sexual organ, anus, breast, groin, or buttocks, C) a person ejaculating, emitting, or placing semen, urine, or feces upon any part of another person.
    • G.S. § 14-27.20(6) defines “touching” as “physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.”
• Sexual activity by a substitute parent or custodian: If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, OR If a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim.
• Sexual activity with a student: If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel, engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student, the defendant is guilty of a Class G felony, except when the defendant is lawfully married to the student. 
  • • The term “same school” means a school at which the student is enrolled and the defendant is employed, assigned, or volunteers.
• Sexual contact or penetration under pretext of medical treatment: Unless the conduct is covered under some other provision of law providing greater punishment, a person who — 121— Return to Table of Contents undertakes medical treatment of a patient is guilty if the person does any of the following in the course of that medical treatment: 
  
  • • Represents to the patient that sexual contact between the person and the patient is necessary or will be beneficial to the patient’s health and induces the patient to engage in sexual contact with the person by means of the representation.
    • Represents to the patient that sexual penetration between the person and the patient is necessary or will be beneficial to the patient’s health and induces the patient to engage in sexual penetration with the person by means of the representation.
    • Engages in sexual contact with the patient while the patient is incapacitated.
    • Engages in sexual penetration with the patient while the patient is incapacitated.
      • Sexual contact is defined as “the intentional touching of a person’s intimate parts or the intentional touching of the clothing covering the immediate area of the person’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or done in a sexual manner.” • Sexual penetration is defined as “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, regardless of whether semen is emitted, if that intrusion can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or done in a sexual manner.”
  
  

Sexual Offense (G.S §14-27.26 through 14-27.30)

• First-degree forcible sexual offense: A person is guilty of a sexual offense in the first degree if the person engages in a sexual act with another person by force and against the will of the other person, and does any of the following: 1) uses, threatens to use, or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous weapon, 2) inflicts serious injury on the victim or another person, and/or 3) the person commits the offense aided and abetted by one of more other persons.
• Second-degree forcible sexual offense: if the person engages in a sexual act with another person by force and against the will of the other person OR if the person engages in a sexual act with another person who has a mentally disability, is mentally incapacitated, or physically helpless and the person performing the act knows or should reasonably know that the other person has a mentally disability, is mentally incapacitated, or physically helpless.
• Statutory sexual offense of a child by an adult: if the person is at least 18 years of age and engages in a sexual act with a victim who is a child under the age of 13 years.
• First-degree statutory sexual offense: if the defendant engages in a sexual act 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.
• Statutory sexual offense of person who is 15 years of age or younger: if the defendant engages in a sexual act with another person who is 15 years of age or younger and the defendant is at least 12 years old and at least six years older than the person, except when the defendant is lawfully married to the person.
• Definition of sexual act (G.S § 14-27.20): Sexual act is defined as “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.
• The difference between a sexual assault/battery and a sexual offense is that the sexual assault involves forcible and intentional touching without penetration, and a sexual offense involves penetration of a sex organ or anus by any object or touching another’s mouth or anus by the male sex organ.

Taking Indecent Liberties With A Minor (G.S. §14-202.1, 14-202.2 and 14-202.4)

• Taking indecent liberties with children: A person is guilty of taking indecent liberties with a child if, being 16 years of age or more and at least five years older than the child in question, he/she either: (1) willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire, or (2) willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years.
• Indecent liberties between children: A person who is under the age of 16 years is guilty of taking indecent liberties with children if the person either: (1) willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire, or (2) willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex who is at least three years younger.
• Indecent liberties with a student: A person is found guilty of taking indecent liberties with a student if a defendant, is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or other school personnel, takes indecent liberties with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school but before the victim ceases to be a student. Consent is not a defense. A person is not guilty of taking indecent liberties with a student if the person is lawfully married to the student.