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NC General Statutes

N.C. Gen. Stat. § 14-27.26 (2026)

First-degree forcible sexual offense

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(a) A person is guilty of a first 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, 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 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. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 6; 1981, c. 63; c. 106, ss. 3, 4; c. 179, s. 14; 1983, c. 175, ss. 5, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 3; 2015-181, ss. 8(a), (b); 2017-30, s. 2.)

 

Notes of Decisions
Cited in 26 cases (14 in the last 5 years), 2015–2025 · leading case: State v. China, 811 S.E.2d 145 (N.C. 2018).
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State v. China, 811 S.E.2d 145 (N.C. 2018). · cites it 6× “4 was rewritten and recodified as N.C.G.S. § 14-27.26 by Act of July 29, 2015, ch.”
State v. Harding, 813 S.E.2d 254 (N.C. Ct. App. 2018). · cites it 2× “Discussion Defendant was charged with first-degree sexual offense under N.C. Gen. Stat. § 14-27.4 (2013) (recodified as N.”
State v. Gonzalez, 823 S.E.2d 886 (N.C. Ct. App. 2019). · cites it 2× “Compare N.C. Gen. Stat. § 14-27.21 (First-degree forcible rape) with N.”
State v. Dick, 807 S.E.2d 545 (N.C. 2017). · cites it 3× “A first-degree sexual offense is committed when 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) Employs or displays a dangerous or deadly weapon or an article which the other person…”
State v. Vines, 829 S.E.2d 701 (N.C. Ct. App. 2019). · cites it 5× “First-degree forcible sexual offense occurs, in relevant part, when a person performs a sexual act by force and against the victim's will, and employs or displays either "a dangerous or deadly weapon or an article which the [victim] reasonably believes to be a dangerous or…”
State v. Gentle, 817 S.E.2d 833 (N.C. Ct. App. 2018). “§ 14-27.26(a)(2). The State may offer evidence of bodily or mental injuries to prove that the victim suffered a "serious personal injury.”
State v. Bowman, 915 S.E.2d 134 (N.C. 2025). · cites it 9× “Charges II and III of the indictment both provide: The jurors for the State upon their oath present that on or about the date of offense shown and in the county named above the defendant named above unlawfully, willfully and feloniously engage[d] in a sex offense with [S.B.], by…”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015). “recodified as § 14-27.26); statutory sexual offense, with a child *483 by an adult (§ 14-27.”
State v. Bowman, 898 S.E.2d 27 (N.C. Ct. App. 2024). · cites it 15× “N.C. Gen. Stat. § 14-27.26 (2021). A sexual act includes “[c]unnilingus, fellatio, analingus, or anal intercourse, but does not include vaginal intercourse.”
State v. Flow, 859 S.E.2d 224 (N.C. Ct. App. 2021). · cites it 4×
In re: J.D., No. 18-1036 (N.C. Ct. App. Aug. 20, 2019). · cites it 8× “See N.C. Gen. Stat. § 14-27.26 (2017). Because the evidence is not sufficient to show that Jeremy engaged in a “sexual act” with Zane, we need not reach the additional factors.”
In re J.D., 852 S.E.2d 36 (N.C. 2020). · cites it 6×
Show all 26 citing cases →
N.C. Gen. Stat. § 14-27.26(a): 3 cases
State v. Bowman, 915 S.E.2d 134 (N.C. 2025). “Charges II and III of the indictment both provide: The jurors for the State upon their oath present that on or about the date of offense shown and in the county named above the defendant named above unlawfully, willfully and feloniously engage[d] in a sex offense with [S.B.], by…”
In re J.D., 852 S.E.2d 36 (N.C. 2020).
State v. Davis, 919 S.E.2d 892 (N.C. Ct. App. 2025).
N.C. Gen. Stat. § 14-27.26(a)(2): 2 cases
State v. Gentle, 817 S.E.2d 833 (N.C. Ct. App. 2018). “§ 14-27.26(a)(2). The State may offer evidence of bodily or mental injuries to prove that the victim suffered a "serious personal injury.”
State v. Vines, 829 S.E.2d 701 (N.C. Ct. App. 2019). “First-degree forcible sexual offense occurs, in relevant part, when a person performs a sexual act by force and against the victim's will, and employs or displays either "a dangerous or deadly weapon or an article which the [victim] reasonably believes to be a dangerous or…”
N.C. Gen. Stat. § 14-27.26(a)(3): 1 case
In re: J.D., No. 18-1036 (N.C. Ct. App. Aug. 20, 2019). “See N.C. Gen. Stat. § 14-27.26 (2017). Because the evidence is not sufficient to show that Jeremy engaged in a “sexual act” with Zane, we need not reach the additional factors.”
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