This was Orange County, NC, not CA
Oops, you’re right! Sorry.
Try this from the NC penal code:
27.33. Sexual battery.
(a)
A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person:
(1)
By force and against the will of the other person; or
(2)
Who 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.
(b)
Any person who commits the offense defined in this section is guilty of a Class A1 misdemeanor.