A BILL TO BE ENTITLED
AN ACT to clarify the definition of the term "caretaker" used in the juvenile code to include an adult in a dating or romantic relationship with the parent, guardian, or custodian of the juvenile; to amend G.S. 14‑401.11 to also prohibit the knowing distribution of a beverage that contains any substance that could be injurious to a person's health; to amend the definition for the term "mentally incapacitated" used in article 7b of chapter 14 of the general statutes; and to modernize the language used in certain sex offenses.
The General Assembly of North Carolina enacts:

CLARIFY DEFINITION OF THE TERM "CARETAKER" USED IN THE JUVENILE CODE
SECTION 1.  G.S. 7B‑101(3) reads as rewritten:
"(3)	Caretaker. – Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. A person responsible for a juvenile's health and welfare means a stepparent; foster parent; an adult member of the juvenile's household; an adult entrusted with the juvenile's care, which includes an adult in a dating or romantic relationship with the parent, guardian, or custodian of the juvenile; a potential adoptive parent during a visit or trial placement with a juvenile in the custody of a department; any person such as a house parent or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility; or any employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services. Nothing in this subdivision shall be construed to impose a legal duty of support under Chapter 50 or Chapter 110 of the General Statutes. The duty imposed upon a caretaker as defined in this subdivision shall be for the purpose of this Subchapter only."

AMEND G.S. 14‑401.11 TO PROHIBIT THE KNOWING DISTRIBUTION OF A BEVERAGE THAT CONTAINS ANY SUBSTANCE THAT COULD BE INJURIOUS TO A PERSON'S HEALTH
SECTION 2.  G.S. 14‑401.11 reads as rewritten:
"§ 14‑401.11.  Distribution of certain food or beverage prohibited.
(a)	It shall be unlawful for any person to knowingly distribute, sell, give away or otherwise cause to be placed in a position of human accessibility or ingestion, any food, beverage, or other eatable or drinkable substance which that person knows to contain any of the following:
(1)	Any noxious or deleterious substance, material or article which might be injurious to a person's health or might cause a person any physical discomfort.
(2)	Any controlled substance included in any schedule of the Controlled Substances Act.
(3)	Any poisonous chemical or compound or any foreign substance such as, but not limited to, razor blades, pins, and ground glass, which might cause death, serious physical injury or serious physical pain and discomfort.
(b)	Penalties.
(1)	Any person violating the provisions of G.S. 14‑401.11(a)(1):
a.	Where the actual or possible effect on a person eating or drinking the food, beverage, or other substance was or would be limited to mild physical discomfort without any lasting effect, shall be guilty of a Class I felony.
b.	Where the actual or possible effect on a person eating or drinking the food, beverage, or other substance was or would be greater than mild physical discomfort without any lasting effect, shall be punished as a Class H felon.
(2)	Any person violating the provisions of G.S. 14‑401.11(a)(2) shall be punished as a Class F felon.
(3)	Any person violating the provisions of G.S. 14‑401.11(a)(3) shall be punished as a Class C felon."

AMEND DEFINITION FOR THE TERM "MENTALLY INCAPACITATED" USED IN ARTICLE 7B OF CHAPTER 14 OF THE GENERAL STATUTES
SECTION 3.  G.S. 14‑27.20(2) reads as rewritten:
"(2)	Mentally incapacitated. – A victim who due to (i) any act, whether committed by a perpetrator or the victim or (ii) a poisonous or controlled substance provided to the victim without the knowledge or consent of the victim, 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."

MODERNIZING THE LANGUAGE USED IN CERTAIN SEX OFFENSES
SECTION 4.(a)  G.S. 14‑27.21 reads as rewritten:
"§ 14‑27.21.  First‑degree rape.
(a)	A person is guilty of first‑degree rape 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 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.
…."
SECTION 4.(b)  G.S. 14‑27.22 reads as rewritten:
"§ 14‑27.22.  Second‑degree rape.
(a)	A person is guilty of second‑degree rape if the person engages in vaginal intercourse with another person:
(1)	By force and against the will of the other person; or
(2)	Who has a mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should reasonably know the other person has a mental disability or is mentally incapacitated or physically helpless.
…."
SECTION 4.(c)  G.S. 14‑27.26 reads as rewritten:
"§ 14‑27.26.  First‑degree sexual offense.
(a)	A person is guilty of a first degree 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.
…."
SECTION 4.(d)  G.S. 14‑27.27 reads as rewritten:
"§ 14‑27.27.  Second‑degree sexual offense.
(a)	A person is guilty of second degree sexual offense 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 has a mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should reasonably know that the other person has a mental disability or is mentally incapacitated or physically helpless.
…."
SECTION 4.(e)  G.S. 7B‑101(1)d. reads as rewritten:
"d.	Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile: first‑degree rape, as provided in G.S. 14‑27.21; second‑degree rape as provided in G.S. 14‑27.22; statutory rape of a child by an adult as provided in G.S. 14‑27.23; first‑degree statutory rape as provided in G.S. 14‑27.24; first‑degree sex offense as provided in G.S. 14‑27.26; second‑degree sex offense as provided in G.S. 14‑27.27; statutory sexual offense with a child by an adult as provided in G.S. 14‑27.28; first‑degree statutory sexual offense as provided in G.S. 14‑27.29; sexual activity by a substitute parent or custodian as provided in G.S. 14‑27.31; sexual activity with a student as provided in G.S. 14‑27.32; unlawful sale, surrender, or purchase of a minor, as provided in G.S. 14‑43.14; crime against nature, as provided in G.S. 14‑177; incest, as provided in G.S. 14‑178; preparation of obscene photographs, slides,  or motion pictures of the juvenile, as provided in G.S. 14‑190.5; employing or permitting the juvenile to assist in a violation of the obscenity laws as provided in G.S. 14‑190.6; dissemination of obscene material to the juvenile as provided in G.S. 14‑190.7 and G.S. 14‑190.8; displaying or disseminating material harmful to the juvenile as provided in G.S. 14‑190.14 and G.S. 14‑190.15; first and second degree sexual exploitation of the juvenile as provided in G.S. 14‑190.16 and G.S. 14‑190.17; promoting the prostitution of the juvenile as provided in G.S. 14‑205.3(b); and taking indecent liberties with the juvenile, as provided in G.S. 14‑202.1;"
SECTION 4.(f)  G.S. 7B‑1602(a) reads as rewritten:
"(a)	When a juvenile is committed to the Division for placement in a youth development center for an offense that would be first degree murder pursuant to G.S. 14‑17, first‑degree rape pursuant to G.S. 14‑27.21, first‑degree statutory rape pursuant to G.S. 14‑27.24, first‑degree sexual offense pursuant to G.S. 14‑27.26, or first‑degree statutory sexual offense pursuant to G.S. 14‑27.29 if committed by an adult, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 21 years, whichever occurs first."
SECTION 4.(g)  G.S. 7B‑2509 reads as rewritten:
"§ 7B‑2509.  Registration of certain delinquent juveniles.
In any case in which a juvenile, who was at least 11 years of age at the time of the offense, is adjudicated delinquent for committing a violation of G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.21 (first‑degree rape), G.S. 14‑27.22 (second‑degree rape), G.S. 14‑27.24 (first‑degree statutory rape), G.S. 14‑27.26 (first‑degree sexual offense), G.S. 14‑27.27 (second‑degree sexual offense), or G.S. 14‑27.29 (first‑degree statutory sexual offense), the judge, upon a finding that the juvenile is a danger to the community, may order that the juvenile register in accordance with Part 4 of Article 27A of Chapter 14 of the General Statutes."
SECTION 4.(h)  G.S. 7B‑2513 reads as rewritten:
"§ 7B‑2513.  Commitment of delinquent juvenile to Division.
…
(1)	The twenty‑first birthday of the juvenile if the juvenile has been committed to the Division for an offense that would be first‑degree murder pursuant to G.S. 14‑17, first‑degree rape pursuant to G.S. 14‑27.21, first‑degree statutory rape pursuant to G.S. 14‑27.24, first‑degree sexual offense pursuant to G.S. 14‑27.26, or first‑degree statutory sexual offense pursuant to G.S. 14‑27.29 if committed by an adult;
…
(a1)	For an offense the juvenile committed prior to reaching the age of 16 years, the term shall not exceed:
(1)	The twenty‑first birthday of the juvenile if the juvenile has been committed to the Division for an offense that would be first‑degree murder pursuant to G.S. 14‑17, first‑degree rape pursuant to G.S. 14‑27.21, first‑degree statutory rape pursuant to G.S. 14‑27.24, first‑degree sexual offense pursuant to G.S. 14‑27.26, or first‑degree statutory sexual offense pursuant to G.S. 14‑27.29 if committed by an adult;
…."
SECTION 4.(i)  G.S. 7B‑2514(c)(2) reads as rewritten:
"(2)	The juvenile's twenty‑first birthday if the juvenile has been committed to the Division for an offense that would be first‑degree murder pursuant to G.S. 14‑17, first‑degree rape pursuant to G.S. 14‑27.21, first‑degree statutory rape pursuant to G.S. 14‑27.24, first‑degree sexual offense pursuant to G.S. 14‑27.26, or first‑degree statutory sexual offense pursuant to G.S. 14‑27.29 if committed by an adult."
SECTION 4.(j)  G.S. 7B‑2516(c)(1) reads as rewritten:
"(1)	The juvenile's twenty‑first birthday if the juvenile has been committed to the Division for an offense that would be first‑degree murder pursuant to G.S. 14‑17, first‑degree rape pursuant to G.S. 14‑27.21, first‑degree statutory rape pursuant to G.S. 14‑27.24, first‑degree sexual offense pursuant to G.S. 14‑27.26, or first‑degree statutory sexual offense pursuant to G.S. 14‑27.29 if committed by an adult."
SECTION 4.(k)  G.S. 7B‑2600(c) reads as rewritten:
"(c)	In any case where the court finds the juvenile to be delinquent or undisciplined, the jurisdiction of the court to modify any order or disposition made in the case shall continue (i) during the minority of the juvenile, (ii) until the juvenile reaches the age of 19 years if the juvenile has been adjudicated delinquent and committed to the Division for an offense that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in G.S. 7B‑1602(a), (iii) until the juvenile reaches the age of 21 years if the juvenile has been adjudicated delinquent and committed for an offense that would be first‑degree murder pursuant to G.S. 14‑17, first‑degree rape pursuant to G.S. 14‑27.21, first‑degree statutory rape pursuant to G.S. 14‑27.24, first‑degree sexual offense pursuant to G.S. 14‑27.26, or first‑degree statutory sexual offense pursuant to G.S. 14‑27.29 if committed by an adult, or (iv) until terminated by order of the court."
SECTION 4.(l)  G.S. 14‑208.6(5) reads as rewritten:
"(5)	Sexually violent offense. – A violation of former G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.21 (first‑degree rape), G.S. 14‑27.22 (second‑degree rape), G.S. 14‑27.23 (statutory rape of a child by an adult), G.S. 14‑27.24 (first‑degree statutory rape), G.S. 14‑27.25(a) (statutory rape of a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14‑27.26 (first‑degree sexual offense), G.S. 14‑27.27 (second‑degree sexual offense), G.S. 14‑27.28 (statutory sexual offense with a child by an adult), G.S. 14‑27.29 (first‑degree statutory sexual offense), G.S. 14‑27.30(a) (statutory sexual offense with a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14‑27.31 (sexual activity by a substitute parent or custodian), G.S. 14‑27.32 (sexual activity with a student), G.S. 14‑27.33 (sexual battery), G.S. 14‑43.11 (human trafficking) if (i)  the offense is committed against a minor who is less than 18 years of age or (ii) the offense is committed against any person with the intent that they be held in sexual servitude, G.S. 14‑43.13 (subjecting or maintaining a person for sexual servitude), G.S. 14‑178 (incest between near relatives), G.S. 14‑190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14‑190.9(a1) (felonious indecent exposure), G.S. 14‑190.16 (first degree sexual exploitation of a minor), G.S. 14‑190.17 (second degree sexual exploitation of a minor), G.S. 14‑190.17A (third degree sexual exploitation of a minor), G.S. 14‑202.1 (taking indecent liberties with children), G.S. 14‑202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14‑202.4(a) (taking indecent liberties with a student), G.S. 14‑205.2(c) or (d) (patronizing a prostitute who is a minor or has a mental disability), G.S. 14‑205.3(b) (promoting prostitution of a minor or a person who has a mental disability), G.S. 14‑318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S. 14‑318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses."
SECTION 4.(m)  G.S. 14‑208.26(a) reads as rewritten:
"(a)	When a juvenile is adjudicated delinquent for a violation of former G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.21 (first‑degree rape), G.S. 14‑27.22 (second‑degree rape), G.S. 14‑27.24 (first‑degree statutory rape), G.S. 14‑27.26 (first‑degree sexual offense), G.S. 14‑27.27 (second‑degree sexual offense), or G.S. 14‑27.29 (first‑degree statutory sexual offense), and the juvenile was at least eleven years of age at the time of the commission of the offense, the court shall consider whether the juvenile is a danger to the community. If the court finds that the juvenile is a danger to the community, then the court shall consider whether the juvenile should be required to register with the county sheriff in accordance with this Part. The determination as to whether the juvenile is a danger to the community and whether the juvenile shall be ordered to register shall be made by the presiding judge at the dispositional hearing. If the judge rules that the juvenile is a danger to the community and that the juvenile shall register, then an order shall be entered requiring the juvenile to register. The court's findings regarding whether the juvenile is a danger to the community and whether the juvenile shall register shall be entered into the court record. No juvenile may be required to register under this Part unless the court first finds that the juvenile is a danger to the community."
SECTION 4.(n)  G.S. 90‑171.38(b) reads as rewritten:
"(b)	Any individual, organization, association, corporation, or institution may establish a program for the purpose of training or educating any registered nurse licensed under G.S. 90‑171.30, 90‑171.32, or 90‑171.33 in the skills, procedures, and techniques necessary to conduct examinations for the purpose of collecting evidence from the victims of first‑degree rape as defined in G.S. 14‑27.21, second‑degree rape as defined in G.S. 14‑27.22, statutory rape of a child by an adult as defined in G.S. 14‑27.23, first‑degree statutory rape as defined in G.S. 14‑27.24, statutory rape of a person who is 15 years of age or younger as defined in G.S. 14‑27.25, first‑degree sexual offense as defined in G.S. 14‑27.26, second‑degree sexual offense as defined in G.S. 14‑27.27, statutory sexual offense with a child by an adult as defined in G.S. 14‑27.28, first‑degree statutory sexual offense as defined in G.S. 14‑27.29, statutory sexual offense with a person who is 15 years of age or younger as defined in G.S. 14‑27.30, attempted first‑degree or second‑degree rape, attempted first‑degree statutory rape, attempted first‑degree or second‑degree sexual offense, or attempted first‑degree statutory sexual offense. The Board, pursuant to G.S. 90‑171.23(b)(14), shall establish, revise, or repeal standards for any such program. Any individual, organization, association, corporation, or institution which desires to establish a program under this subsection shall apply to the Board and submit satisfactory evidence that it will meet the standards prescribed by the Board."
SECTION 4.(o)  G.S. 143B‑1200(i)(3) reads as rewritten:
"(3)	Sexual assault. – Any of the following crimes:
a.	First‑degree rape as defined in G.S. 14‑27.21.
b.	Second‑degree rape as defined in G.S. 14‑27.22.
c.	First‑degree statutory rape as defined in G.S. 14‑27.24.
d.	Statutory rape of a person who is 15 years of age or younger as defined in G.S. 14‑27.25.
e.	First‑degree sexual offense as defined in G.S. 14‑27.26.
f.	Second‑degree sexual offense as defined in G.S. 14‑27.27.
g.	First‑degree statutory sexual offense as defined in G.S. 14‑27.29.
h.	Statutory sexual offense with a person who is 15 years of age or younger as defined in G.S. 14‑27.30."

SAVINGS CLAUSE
SECTION 5.  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.

EFFECTIVE DATE
SECTION 6.  This act becomes effective December 1, 2019, and applies to offenses committed on or after that date.