EXPLAIN A CRIME: MISDEMEANOR SEXUAL BATTERY

In Criminal, Greensboro Criminal Lawyer, Uncategorized, We're Here to Help Youby GWAO

The Consequences of this Misdemeanor are Serious

Sexual Battery (N.C. Gen. Stat. §14-27.33) is a Class A1 misdemeanor, which is punishable by a maximum of 150 days (five months) in the North Carolina misdemeanor confinement program.

Because it is a misdemeanor the State prosecutes this type of crime in District Court. However, it can be prosecuted in Superior Court if it is included as a lesser-included offense or an offense attached to a felony.

A person commits this crime if:

  1. For the purpose of sexual arousal, gratification or abuse
  2. Engages in sexual contact
  3. Of another person
  4. By force AND against the will of the other person

OR

  1. For the purpose of sexual arousal, gratification or abuse
  2. Engages in sexual contact
  3. Of another person
  4. AND the other person is disabled, mentally incapacitated OR physically helpless
  5. AND the actor knows or should know that the other person is disabled, mentally incapacitated OR physically helpless

An example might be a perpetrator who gropes a woman’s breast or pats a person on the bottom or in their private parts. But notice that the statute leaves the contact somewhat vague as “sexual contact.” This could mean that other, less serious contact might qualify as sexual contact – again, if it does for the purpose of sexual arousal, gratification or abuse.

But in addition to the possible jail or prison time, there are more serious consequences. Under the North Carolina sex offender registration statutes, this misdemeanor could be subject to the Sex Offender Registry.

Additionally, a person arrested for this crime must submit a DNA sample, which will then be kept by the authorities and could be used in evidence of possible other suspected crimes.  Notice that – arrested: Not convicted but arrested.

Thus the consequences of simple misdemeanor could have more serious consequences for a defendant than just the punishment meted out  by the court.

At Garrett, Walker, Aycoth & Olson, our Criminal Defense attorneys are dedicated to criminal defense and the defense of all people accused of crimes – from minor traffic offenses to serious felonies. Contact us for a free consultation.