CHAPTER 14.
Criminal Law.
SUB-CHAPTER I. GENERAL PROVISIONS.
ARTICLE 1.
Felonies and Misdemeanors.
§14-1. Felonies and misdemeanors defined.
A felony is a crime which:
(1) Was a felony at common law;
(2) Is or may be punishable by death;
(3) Is or may be punishable by imprisonment in the State's
prison; or
(4) Is denominated as a felony by statute.
Any other crime is a misdemeanor. (1891, c. 205, s. 1; Rev., s.
3291; C.S., s. 4171; 1967, c. 1251, s. 1.)
§ 14-1.1: Repealed by Session Laws 1993, c. 538,
s. 2.
§ 14-2: Repealed by Session Laws 1993, c. 538, s.
2.1.
§ 14-2.1: Repealed by Session Laws 1993, c. 538,
s. 3.
§ 14-2.2. Sentencing of a person convicted of a
Class A, B, B1, B2, C, D, or E felony who used, displayed, or
threatened to use or display a firearm during the commission of
the crime; confiscation and disposition of a firearm used in a
felony.
(a) If a person is convicted of a Class A, B, B1, B2, C, D,
or E felony and the person used, displayed, or threatened to use
or display a firearm during the commission of the felony, the
person shall, in addition to the punishment for the underlying
felony, be sentenced to a minimum term of imprisonment for 60
months as provided by G.S. 15A-1340.16A.
The court shall not suspend any sentence imposed under this
section and shall not place a person sentenced under this section
on probation for the sentence imposed under this section.
Sentences imposed pursuant to this section shall be consecutive
to all other sentences imposed and shall begin at the expiration
of any other sentence being served by the person.
(b) Subsection (a) of this section does not apply in any of
the following circumstances:
(1) The person is not sentenced to an active term
of imprisonment.
(2) The evidence of the use, display, or threatened
use or display of a firearm is needed to prove an element of the
underlying Class A, B, B1, B2, C, D, or E felony.
(3) The person did not actually possess a firearm
about his or her person.
(c) When a person is found to have personally used a
firearm in the commission or attempted commission of a felony and
the firearm is owned by that person, or the serial number on the
firearm has been defaced such that ownership is not traceable,
the court shall order that the firearm be confiscated and
disposed of in any of the ways provided by G.S. 14-269.1 that the
court in its discretion deems appropriate.
(d) Repealed by Session Laws 1994, Extra Session, c. 22, s.
19(b). (1979, c. 760, s. 2; 1979, 2nd Sess., c. 1316, ss. 34, 47,
48; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 538, s. 4; 1994,
Ex. Sess., c. 22, ss. 18, 19(a), (b).)
§14-2.3. Forfeiture of gain acquired through felonies.
(a) Except as is otherwise provided in Article 3 of Chapter
31A, in the case of any violation of a general statute
constituting a felony other than a nonwillful homicide, any money
or other property or interest in property acquired thereby shall
be forfeited to the State of North Carolina, including any
profits, gain, remuneration, or compensation directly or
indirectly collected by or accruing to any felon.
(b) An action to recover such property shall be brought by
either a District Attorney or the Attorney General pursuant to
G.S. 1-532. The action must be brought within three years from
the date of the conviction for the felony.
(c) Nothing in this section shall be construed to require
forfeiture of any money or property recovered by law-enforcement
officers pursuant to the investigation of a felony when the money
or property is readily identifiable by the owner or guardian of
the property or is traceable to him. (1981, c. 840, s. 1.)
§ 14-2.4. Punishment for conspiracy to commit a
felony.
(a) Unless a different classification is expressly stated,
a person who is convicted of a conspiracy to commit a felony is
guilty of a felony that is one class lower than the felony he or
she conspired to commit, except that a conspiracy to commit a
Class A or Class B1 felony is a Class B2 felony, a conspiracy to
commit a Class B2 felony is a Class C felony, and a conspiracy to
commit a Class I felony is a Class 1 misdemeanor.
(b) Unless a different classification is expressly stated,
a person who is convicted of a conspiracy to commit a misdemeanor
is guilty of a misdemeanor that is one class lower than the
misdemeanor he or she conspired to commit, except that a
conspiracy to commit a Class 3 misdemeanor is a Class 3
misdemeanor. (1983, c. 451, s. 1; 1993, c. 538, s. 5; 1994, Ex.
Sess., c. 22, s. 12, c. 24, s. 14(b).)
§ 14-2.5. Punishment for attempt to commit a felony or
misdemeanor.
Unless a different classification is expressly stated, an
attempt to commit a misdemeanor or a felony is punishable under
the next lower classification as the offense which the offender
attempted to commit. An attempt to commit a Class A or Class B1
felony is a Class B2 felony, an attempt to commit a Class B2
felony is a Class C felony, an attempt to commit a Class I felony
is a Class 1 misdemeanor, and an attempt to commit a Class 3
misdemeanor is a Class 3 misdemeanor. (1993, c. 538, s. 6; 1994,
Ex. Sess., c. 22, s. 11, c. 24, s. 14(b).)
§ 14-2.6. Punishment for solicitation to commit a felony or
misdemeanor.
(a) Unless a different classification is expressly stated,
a person who solicits another person to commit a felony is guilty
of a felony that is two classes lower than the felony the person
solicited the other person to commit, except that a solicitation
to commit a Class A or Class B1 felony is a Class C felony, a
solicitation to commit a Class B2 felony is a Class D felony, a
solicitation to commit a Class H felony is a Class 1 misdemeanor,
and a solicitation to commit a Class I felony is a Class 2
misdemeanor.
(b) Unless a different classification is expressly stated,
a person who solicits another person to commit a misdemeanor is
guilty of a Class 3 misdemeanor. (1993, c. 538, s. 6.1; 1994, Ex.
Sess., c. 22, s. 13, c. 24, s. 14(b).)
§ 14-3. Punishment of misdemeanors, infamous
offenses, offenses committed in secrecy and malice, or with
deceit and intent to defraud, or with ethnic animosity.
(a) Except as provided in subsections (b) and (c), every
person who shall be convicted of any misdemeanor for which no
specific classification and no specific punishment is prescribed
by statute shall be punishable as a Class 1 misdemeanor. Any
misdemeanor that has a specific punishment, but is not assigned a
classification by the General Assembly pursuant to law is
classified as follows, based on the maximum punishment allowed by
law for the offense as it existed on the effective date of
Article 81B of Chapter 15A of the General Statutes:
(1) If that maximum punishment is more than six
months imprisonment, it is a Class 1 misdemeanor;
(2) If that maximum punishment is more than 30 days
but not more than six months imprisonment, it is a Class 2
misdemeanor; and
(3) If that maximum punishment is 30 days or less
imprisonment or only a fine, it is a Class 3 misdemeanor.
Misdemeanors that have punishments for one or more counties or
cities pursuant to a local act of the General Assembly that are
different from the generally applicable punishment are classified
pursuant to this subsection if not otherwise specifically
classified.
(b) If a misdemeanor offense as to which no specific
punishment is prescribed be infamous, done in secrecy and malice,
or with deceit and intent to defraud, the offender shall, except
where the offense is a conspiracy to commit a misdemeanor, be
guilty of a Class H felony.
(c) If any Class 2 or Class 3 misdemeanor is committed
because of the victim's race, color, religion, nationality, or
country of origin, the offender shall be guilty of a Class 1
misdemeanor. If any Class A1 or Class 1 misdemeanor offense is
committed because of the victim's race, color, religion,
nationality, or country of origin, the offender shall be guilty
of a Class I felony. (R.C., c. 34, s. 120; Code, s. 1097; Rev.,
s. 3293; C.S., s. 4173; 1927, c. 1; 1967, c. 1251, s. 3; 1979, c.
760, s. 5; 1979, 2nd Sess., c. 1316, ss. 2, 47, 48; 1981, c. 63,
s. 1; c. 179, s. 14; 1991, c. 702, s. 2; 1993, c. 538, s. 7;
1994, Ex. Sess., c. 14, s. 2; c. 24, s. 14(b); 1995 (Reg. Sess.,
1996), c. 742, s. 6.)
§14-3.1. Infraction defined; sanctions.
(a) An infraction is a noncriminal violation of law not
punishable by imprisonment. Unless otherwise provided by law, the
sanction for a person found responsible for an infraction is a
penalty of not more than one hundred dollars ($100.00). The
proceeds of penalties for infractions are payable to the county
in which the infraction occurred for the use of the public
schools.
(b) The procedure for disposition of infractions is as
provided in Article 66 of Chapter 15A of the General Statutes.
(1985, c. 764, s. 1.)
§ 14-4. Violation of local ordinances
misdemeanor.
(a) Except as provided in subsection (b), if any person
shall violate an ordinance of a county, city, town, or
metropolitan sewerage district created under Article 5 of Chapter
162A, he shall be guilty of a Class 3 misdemeanor and shall be
fined not more than five hundred dollars ($500.00). No fine shall
exceed fifty dollars ($50.00) unless the ordinance expressly
states that the maximum fine is greater than fifty dollars
($50.00).
(b) If any person shall violate an ordinance of a county,
city, or town regulating the operation or parking of vehicles, he
shall be responsible for an infraction and shall be required to
pay a penalty of not more than fifty dollars ($50.00). (1871-2,
c. 195, s. 2; Code, s. 3820; Rev., s. 3702; C.S., s. 4174; 1969,
c. 36, s. 2; 1985, c. 764, s. 2; 1985 (Reg. Sess., 1986), c. 852,
s. 17; 1991, c. 415, s. 1; c. 446, s. 1; 1993, c. 538, s. 8; c.
539, s. 9; 1994, Ex. Sess., c. 24, ss. 14(b), 14(c); 1995, c.
509, s. 133.1.)
ARTICLE 2.
Principals and Accessories.
§§ 14-5, 14-5.1: Repealed by Session Laws 1981, c.
686, s. 2, effective July 1, 1981.
§ 14-5.2. Accessory before fact punishable as
principal felon.
All distinctions between accessories before the fact and
principals to the commission of a felony are abolished. Every
person who heretofore would have been guilty as an accessory
before the fact to any felony shall be guilty and punishable as a
principal to that felony. However, if a person who heretofore
would have been guilty and punishable as an accessory before the
fact is convicted of a capital felony, and the jury finds that
his conviction was based solely on the uncorroborated testimony
of one or more principals, coconspirators, or accessories to the
crime, he shall be guilty of a Class B2 felony. (1981, c. 686, s.
1; 1994, Ex. Sess., c. 22, s. 6.)
§14-6. Repealed by Session Laws 1981, c. 686, s. 2,
effective July 1, 1981.
§ 14-7. Accessories after the fact; trial and
punishment.
If any person shall become an accessory after the fact to
any felony, whether the same be a felony at common law or by
virtue of any statute made, or to be made, such person shall be
guilty of a crime, and may be indicted and convicted together
with the principal felon, or after the conviction of the
principal felon, or may be indicted and convicted for such crime
whether the principal felon shall or shall not have been
previously convicted, or shall or shall not be amenable to
justice. Unless a different classification is expressly stated,
that person shall be punished for an offense that is two classes
lower than the felony the principal felon committed, except that
an accessory after the fact to a Class A or Class B1 felony is a
Class C felony, an accessory after the fact to a Class B2 felony
is a Class D felony, an accessory after the fact to a Class H
felony is a Class 1 misdemeanor, and an accessory after the fact
to a Class I felony is a Class 2 misdemeanor. The offense of such
person may be inquired of, tried, determined and punished by any
court which shall have jurisdiction of the principal felon, in
the same manner as if the act, by reason whereof such person
shall have become an accessory, had been committed at the same
place as the principal felony, although such act may have been
committed without the limits of the State; and in case the
principal felony shall have been committed within the body of any
county, and the act by reason whereof any person shall have
become accessory shall have been committed within the body of any
other county, the offense of such person guilty of a felony as
aforesaid may be inquired of, tried, determined, and punished in
either of said counties: Provided, that no person who shall be
once duly tried for such felony shall be again indicted or tried
for the same offense. (1797, c. 485, s. 1, P.R.; 1852, c. 58;
R.C., c. 34, s. 54; Code, s. 978; Rev., s. 3289; C.S., s. 4177;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1; c. 179, s. 14; 1997-443, s. 19.25(p).)
§14-7.1. Persons defined as habitual felons.
Any person who has been convicted of or pled guilty to three
felony offenses in any federal court or state court in the United
States or combination thereof is declared to be an habitual
felon. For the purpose of this Article, a felony offense is
defined as an offense which is a felony under the laws of the
State or other sovereign wherein a plea of guilty was entered or
a conviction was returned regardless of the sentence actually
imposed. Provided, however, that federal offenses relating to the
manufacture, possession, sale and kindred offenses involving
intoxicating liquors shall not be considered felonies for the
purposes of this Article. For the purposes of this Article,
felonies committed before a person attains the age of 18 years
shall not constitute more than one felony. The commission of a
second felony shall not fall within the purview of this Article
unless it is committed after the conviction of or plea of guilty
to the first felony. The commission of a third felony shall not
fall within the purview of this Article unless it is committed
after the conviction of or plea of guilty to the second felony.
Pleas of guilty to or convictions of felony offenses prior to
July 6, 1967, shall not be felony offenses within the meaning of
this Article. Any felony offense to which a pardon has been
extended shall not for the purpose of this Article constitute a
felony. The burden of proving such pardon shall rest with the
defendant and the State shall not be required to disprove a
pardon. (1967, c. 1241, s. 1; 1971, c. 1231, s. 1.)
§ 14-7.2. Punishment.
When any person is charged by indictment with the commission
of a felony under the laws of the State of North Carolina and is
also charged with being an habitual felon as defined in G.S.
14-7.1, he must, upon conviction, be sentenced and punished as an
habitual felon, as in this Chapter provided, except in those
cases where the death penalty or a life sentence is imposed.
(1967, c. 1241, s. 2; 1981, c. 179, s. 11.)
§14-7.3. Charge of habitual felon.
An indictment which charges a person who is an habitual
felon within the meaning of G.S. 14-7.1 with the commission of
any felony under the laws of the State of North Carolina must, in
order to sustain a conviction of habitual felon, also charge that
said person is an habitual felon. The indictment charging the
defendant as an habitual felon shall be separate from the
indictment charging him with the principal felony. An indictment
which charges a person with being an habitual felon must set
forth the date that prior felony offenses were committed, the
name of the state or other sovereign against whom said felony
offenses were committed, the dates that pleas of guilty were
entered to or convictions returned in said felony offenses, and
the identity of the court wherein said pleas or convictions took
place. No defendant charged with being an habitual felon in a
bill of indictment shall be required to go to trial on said
charge within 20 days of the finding of a true bill by the grand
jury; provided, the defendant may waive this 20-day period.
(1967, c. 1241, s. 3.)
§14-7.4. Evidence of prior convictions of felony offenses.
In all cases where a person is charged under the provisions
of this Article with being an habitual felon, the record or
records of prior convictions of felony offenses shall be
admissible in evidence, but only for the purpose of proving that
said person has been convicted of former felony offenses. A prior
conviction may be proved by stipulation of the parties or by the
original or a certified copy of the court record of the prior
conviction. The original or certified copy of the court record,
bearing the same name as that by which the defendant is charged,
shall be prima facie evidence that the defendant named therein is
the same as the defendant before the court, and shall be prima
facie evidence of the facts set out therein. (1967, c. 1241, s.
4; 1981, c. 179, s. 12.)
§14-7.5. Verdict and judgment.
When an indictment charges an habitual felon with a felony
as above provided and an indictment also charges that said person
is an habitual felon as provided herein, the defendant shall be
tried for the principal felony as provided by law. The indictment
that the person is an habitual felon shall not be revealed to the
jury unless the jury shall find that the defendant is guilty of
the principal felony or other felony with which he is charged. If
the jury finds the defendant guilty of a felony, the bill of
indictment charging the defendant as an habitual felon may be
presented to the same jury. Except that the same jury may be
used, the proceedings shall be as if the issue of habitual felon
were a principal charge. If the jury finds that the defendant is
an habitual felon, the trial judge shall enter judgment according
to the provisions of this Article. If the jury finds that the
defendant is not an habitual felon, the trial judge shall
pronounce judgment on the principal felony or felonies as
provided by law. (1967, c. 1241, s. 5.)
§ 14-7.6. Sentencing of habitual felons.
When an habitual felon as defined in this Article commits
any felony under the laws of the State of North Carolina, the
felon must, upon conviction or plea of guilty under indictment as
provided in this Article (except where the felon has been
sentenced as a Class A, B1, or B2 felon) be sentenced as a Class
C felon. In determining the prior record level, convictions used
to establish a person's status as an habitual felon shall not be
used. Sentences imposed under this Article shall run
consecutively with and shall commence at the expiration of any
sentence being served by the person sentenced under this section.
(1967, c. 1241, s. 6; 1981, c. 179, s. 13; 1993, c. 538, s. 9;
1994, Ex. Sess., c. 22, ss. 15, 16, c. 24, s. 14(b); 1993 (Reg.
Sess., 1994), c. 767, s. 16.)
ARTICLE 2B.
Violent Habitual Felons.
§ 14-7.7. Persons defined as violent habitual felons.
(a) Any person who has been convicted of two violent
felonies in any federal court, in a court of this or any other
state of the United States, or in a combination of these courts
is declared to be a violent habitual felon. For purposes of this
Article, "convicted" means the person has been adjudged guilty of
or has entered a plea of guilty or no contest to the violent
felony charge, and judgment has been entered thereon when such
action occurred on or after July 6, 1967. This Article does not
apply to a second violent felony unless it is committed after the
conviction or plea of guilty or no contest to the first violent
felony. Any felony to which a pardon has been extended shall
not, for the purposes of this Article, constitute a felony. The
burden of proving a pardon shall rest with the defendant, and
this State shall not be required to disprove a pardon.
Conviction as an habitual felon shall not, for purposes of this
Article, constitute a violent felony.
(b) For purposes of this Article, "violent felony" includes
the following offenses:
(1) All Class A through E felonies.
(2) Any repealed or superseded offense
substantially equivalent to the offenses listed in subdivision
(1).
(3) Any offense committed in another jurisdiction
substantially equivalent to the offenses set forth in subdivision
(1) or (2). (1994, Ex. Sess., c. 22, ss. 31, 32.)
§ 14-7.8. Punishment.
When a person is charged by indictment with the commission
of a violent felony and is also charged with being a violent
habitual felon as defined in G.S. 14-7.7, the person must, upon
conviction, be sentenced in accordance with this Article, except
in those cases where the death penalty is imposed. (1994, Ex.
Sess., c. 22, s. 31.)
§ 14-7.9. Charge of violent habitual felon.
An indictment that charges a person who is a violent
habitual felon within the meaning of G.S. 14-7.7 with the
commission of any violent felony must, in order to sustain a
conviction of violent habitual felon, also charge that the person
is a violent habitual felon. The indictment charging the
defendant as a violent habitual felon shall be separate from the
indictment charging the defendant with the principal violent
felony. An indictment that charges a person with being a violent
habitual felon must set forth the date that prior violent
felonies were committed, the name of the state or other sovereign
against whom the violent felonies were committed, the dates of
convictions of the violent felonies, and the identity of the
court in which the convictions took place. A defendant charged
with being a violent habitual felon in a bill of indictment shall
not be required to go to trial on that charge within 20 days
after the finding of a true bill by the grand jury unless the
defendant waives this 20-day period. (1994, Ex. Sess., c. 22, s.
31.)
§ 14-7.10. Evidence of prior convictions of violent
felonies.
In all cases where a person is charged under this Article
with being a violent habitual felon, the records of prior
convictions of violent felonies shall be admissible in evidence,
but only for the purpose of proving that the person has been
convicted of former violent felonies. A prior conviction may be
proved by stipulation of the parties or by the original or a
certified copy of the court record of the prior conviction. The
original or certified copy of the court record, bearing the same
name as that by which the defendant is charged, shall be prima
facie evidence that the defendant named therein is the same
as the defendant before the court, and shall be prima
facie evidence of the facts set out therein. (1994, Ex.
Sess., c. 22, s. 31.)
§ 14-7.11. Verdict and judgment.
When an indictment charges a violent habitual felon with a
violent felony as provided in this Article and an indictment also
charges that the person is a violent habitual felon as provided
in this Article, the defendant shall be tried for the principal
violent felony as provided by law. The indictment that the
person is a violent habitual felon shall not be revealed to the
jury unless the jury finds that the defendant is guilty of the
principal violent felony or another violent felony with which the
defendant is charged. If the jury finds the defendant guilty of
a violent felony, the bill of indictment charging the defendant
as a violent habitual felon may be presented to the same jury.
Except that the same jury may be used, the proceedings shall be
as if the issue of violent habitual felon were a principal
charge. If the jury finds that the defendant is a violent
habitual felon, the trial judge shall enter judgment according to
the provisions of this Article. If the jury finds that the
defendant is not a violent habitual felon, the trial judge shall
pronounce judgment on the principal violent felony or felonies as
provided by law. (1994, Ex. Sess., c. 22, s. 31.)
§ 14-7.12. Sentencing of violent habitual felons.
A person who is convicted of a violent felony and of being a
violent habitual felon must, upon conviction (except where the
death penalty is imposed), be sentenced to life imprisonment
without parole. Life imprisonment without parole means that the
person will spend the remainder of the person's natural life in
prison. The sentencing judge may not suspend the sentence and
may not place the person sentenced on probation. Sentences for
violent habitual felons imposed under this Article shall run
consecutively with and shall commence at the expiration of any
other sentence being served by the person. (1994, Ex. Sess., c.
22, s. 31.)
ARTICLE 2C.
Continuing Criminal Enterprise.
§ 14-7.20. Continuing criminal enterprise.
(a) Any person who engages in a continuing criminal
enterprise shall be punished as a Class H felon and in addition
shall be subject to the forfeiture prescribed in subsection (b)
of this section.
(b) Any person who is convicted under subsection (a) of
this section of engaging in a continuing criminal enterprise
shall forfeit to the State of North Carolina:
(1) The profits obtained by the person in the
enterprise, and
(2) Any of the person's interest in, claim against,
or property or contractual rights of any kind affording a source
of influence over, such enterprise.
(c) For purposes of this section, a person is engaged in a
continuing criminal enterprise if:
(1) The person violates any provision of this
Chapter, the punishment of which is a felony; and
(2) The violation is a part of a continuing series
of violations of this Chapter:
a. Which are undertaken by the person in
concert with five or more other persons with respect to whom the
person occupies a position of organizer, a supervisory position,
or any other position of management; and
b. From which the person obtains substantial
income or resources. (1995, c. 378, s. 1.)
SUBCHAPTER II. OFFENSES AGAINST THE STATE.
ARTICLE 3.
Rebellion.
§ 14-8. Rebellion against the State.
If any person shall incite, set on foot, assist or engage in
a rebellion or insurrection against the authority of the State of
North Carolina or the laws thereof, or shall give aid or comfort
thereto, every person so offending in any of the ways aforesaid
shall be guilty of a felony, and shall be punished as a Class F
felon. (Const., art. 4, s. 5; 1861, c. 18; 1866, c. 64; 1868, c.
60, s. 2; Code, s. 1106; Rev., s. 3437; C.S., s. 4178; 1979, c.
760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c.
179, s. 14; 1993, c. 539, s. 1122; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-9: Repealed by Session Laws 1994, Ex. Sess.,
c. 14, s. 71(1).
§ 14-10. Secret political and military
organizations forbidden.
If any person, for the purpose of compassing or furthering
any political object, or aiding the success of any political
party or organization, or resisting the laws, shall join or in
any way connect or unite himself with any oath-bound secret
political or military organization, society or association of
whatsoever name or character; or shall form or organize or
combine and agree with any other person or persons to form or
organize any such organization; or as a member of any secret
political or military party or organization shall use, or agree
to use, any certain signs or grips or passwords, or any disguise
of the person or voice, or any disguise whatsoever for the
advancement of its object, and shall take or administer any
extrajudicial oath or other secret, solemn pledge, or any like
secret means; or if any two or more persons, for the purpose of
compassing or furthering any political object, or aiding the
success of any political party or organization, or circumventing
the laws, shall secretly assemble, combine or agree together, and
the more effectually to accomplish such purposes, or any of them,
shall use any certain signs, or grips, or passwords, or any
disguise of the person or voice, or other disguise whatsoever, or
shall take or administer any extrajudicial oath or other secret,
solemn pledge; or if any persons shall band together and assemble
to muster, drill or practice any military evolutions except by
virtue of the authority of an officer recognized by law, or of an
instructor in institutions or schools in which such evolutions
form a part of the course of instruction; or if any person shall
knowingly permit any of the acts and things herein forbidden to
be had, done or performed on his premises, or on any premises
under his control; or if any person being a member of any such
secret political or military organization shall not at once
abandon the same and separate himself entirely therefrom, every
person so offending shall be guilty of a Class 1 misdemeanor.
(1868-9, c. 267; 1870-1, c. 133; 1871-2, c. 143; Code, s. 1095;
Rev., s. 3439; C.S., s. 4180; 1993, c. 539, s. 10; 1994, Ex.
Sess., c. 24, s. 14(c).)
ARTICLE 4.
Subversive Activities.
§ 14-11. Activities aimed at overthrow of government;
use of public buildings.
It shall be unlawful for any person, by word of mouth or
writing, willfully and deliberately to advocate, advise or teach
a doctrine that the government of the United States, the State of
North Carolina or any political subdivision thereof shall be
overthrown or overturned by force or violence or by any other
unlawful means. It shall be unlawful for any public building in
the State, owned by the State of North Carolina, any political
subdivision thereof, or by any department or agency of the State
or any institution supported in whole or in part by State funds,
to be used by any person for the purpose of advocating, advising
or teaching a doctrine that the government of the United States,
the State of North Carolina or any political subdivision thereof
should be overthrown by force, violence or any other unlawful
means. (1941, c. 37, s. 1.)
§ 14-12. Punishment for violations.
Any person or persons violating any of the provisions of
this Article shall, for the first offense, be guilty of a Class 1
misdemeanor and be punished accordingly, and for the second
offense shall be punished as a Class H felon. (1941, c. 37, s. 2;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 11; 1994, Ex. Sess., c. 24,
s. 14(c).)
§14-12.1. Certain subversive activities made unlawful.
It shall be unlawful for any person to:
(1) By word of mouth or writing advocate, advise or teach
the duty, necessity or propriety of overthrowing or overturning
the government of the United States or a political subdivision of
the United States by force or violence; or,
(2) Print, publish, edit, issue or knowingly circulate,
sell, distribute or publicly display any book, paper, document,
or written or printed matter in any form, containing or
advocating, advising or teaching the doctrine that the government
of the United States or a political subdivision of the United
States should be overthrown by force, violence or any unlawful
means; or,
(3) Organize or help to organize or become a member of or
voluntarily assemble with any society, group or assembly of
persons formed to teach or advocate the doctrine that the
government of the United States or a political subdivision of the
United States should be overthrown by force, violence or any
unlawful means.
Any person violating the provisions of this section shall be
punished as a Class H felon.
Whenever two or more persons assemble for the purpose of
advocating or teaching the doctrine that the government of the
United States or a political subdivision of the United States
should be overthrown by force, violence or any unlawful means,
such an assembly is unlawful, and every person voluntarily
participating therein by his presence, aid or instigation, shall
be punished as a Class H felon.
Every editor or proprietor of a book, newspaper or serial
and every manager of a partnership or incorporated association by
which a book, newspaper or serial is issued, is chargeable with
the publication of any matter contained in such book, newspaper
or serial. But in every prosecution therefor, the defendant may
show in his defense that the matter complained of was published
without his knowledge or fault and against his wishes, by another
who had no authority from him to make the publication and whose
act was disavowed by him as soon as known.
No person shall be employed by any department, bureau,
institution or agency of the State of North Carolina who has
participated in any of the activities described in this section,
and any person now employed by any department, bureau,
institution or agency and who has been or is engaged in any of
the activities described in this section shall be forthwith
discharged. Evidence satisfactory to the head of such department,
bureau, institution or agency of the State shall be sufficient
for refusal to employ any person or cause for discharge of any
employee for the reasons set forth in this paragraph. (1947, c.
1028; 1953, c. 675, s. 2; 1979, c. 760, s. 5.)
ARTICLE 4A.
Prohibited Secret Societies and Activities.
§14-12.2. Definitions.
The terms used in this Article are defined as follows:
(1) The term "secret society" shall mean any two or more
persons organized, associated together, combined or united for
any common purpose whatsoever, who shall use among themselves any
certain grips, signs or password, or who shall use for the
advancement of any of their purposes or as a part of their ritual
any disguise of the person, face or voice or any disguise
whatsoever, or who shall take any extrajudicial oath or secret
solemn pledge or administer such oath or pledge to those
associated with them, or who shall transact business and advance
their purposes at secret meeting or meetings which are tiled and
guarded against intrusion by persons not associated with them.
(2) The term "secret political society" shall mean any
secret society, as hereinbefore defined, which shall at any time
have for a purpose the hindering or aiding the success of any
candidate for public office, or the hindering or aiding the
success of any political party or organization, or violating any
lawfully declared policy of the government of the State or any of
the laws and constitutional provisions of the State.
(3) The term "secret military society" shall mean any secret
society, as hereinbefore defined, which shall at any time meet,
assemble or engage in a venture when members thereof are
illegally armed, or which shall at any time have for a purpose
the engaging in any venture by members thereof which shall
require illegal armed force or in which illegal armed force is to
be used, or which shall at any time muster, drill or practice any
military evolutions while illegally armed. (1953, c. 1193, s. 1.)
§14-12.3. Certain secret societies prohibited.
It shall be unlawful for any person to join, unite himself
with, become a member of, apply for membership in, form,
organize, solicit members for, combine and agree with any person
or persons to form or organize, or to encourage, aid or assist in
any way any secret political society or any secret military
society or any secret society having for a purpose the violating
or circumventing the laws of the State. (1953, c. 1193, s. 2.)
§14-12.4. Use of signs, grips, passwords or disguises or
taking or administering oath for illegal purposes.
It shall be unlawful for any person to use, agree to use, or
to encourage, aid or assist in the using of any signs, grips,
passwords, disguise of the face, person or voice, or any disguise
whatsoever in the furtherance of any illegal secret political
purpose, any illegal secret military purpose, or any purpose of
violating or circumventing the laws of the State; and it shall be
unlawful for any person to take or administer, or agree to take
or administer, any extrajudicial oath or secret solemn pledge to
further any illegal secret political purpose, any illegal secret
military purpose, or any purpose of violating or circumventing
the laws of the State. (1953, c. 1193, s. 3.)
§14-12.5. Permitting, etc., meetings or demonstrations of
prohibited secret societies.
It shall be unlawful for any person to permit or agree to
permit any members of a secret political society or a secret
military society or a secret society having for a purpose the
violating or circumventing the laws of the State to meet or to
hold any demonstration in or upon any property owned or
controlled by him. (1953, c. 1193, s. 4.)
§14-12.6. Meeting places and meetings of secret societies
regulated.
Every secret society which has been or is now being formed
and organized within the State, and which has members within the
State shall forthwith provide or cause to be provided for each
unit, lodge, council, group of members, grand lodge or general
supervising unit a regular meeting place in some building or
structure, and shall forthwith place and thereafter regularly
keep a plainly visible sign or placard on the immediate exterior
of such building or structure or on the immediate exterior of the
meeting room or hall within such building or structure, if the
entire building or structure is not controlled by such secret
society, bearing upon said sign or placard the name of the secret
society, the name of the particular unit, lodge, council, group
of members, grand lodge or general supervising unit thereof and
the name of the secretary, officer, organizer or member thereof
who knows the purposes of the secret society and who knows or has
a list of the names and addresses of the members thereof, and as
such secretary, officer, organizer or member dies, removes,
resigns or is replaced, his or her successor's name shall be
placed upon such sign or placard; any person or persons who shall
hereafter undertake to form and organize any secret society or
solicit membership for a secret society within the State shall
fully comply with the foregoing provisions of this section before
forming and organizing such secret society and before soliciting
memberships therein; all units, lodges, councils, groups of
members, grand lodge and general supervising units of all secret
societies within the State shall hold all of their secret
meetings at the regular meeting place of their respective units,
lodges, councils, group of members, grand lodge or general
supervising units or at the regular meeting place of some other
unit, lodge, council, group of members, grand lodge or general
supervising unit of the same secret society, and at no other
place unless notice is given of the time and place of the meeting
and the name of the secret society holding the meeting in some
newspaper having circulation in the locality where the meeting is
to be held at least two days before the meeting. (1953, c. 1193,
s. 5.)
§14-12.7. Wearing of masks, hoods, etc., on public ways.
No person or persons at least 16 years of age shall, while
wearing any mask, hood or device whereby the person, face or
voice is disguised so as to conceal the identity of the wearer,
enter, be or appear upon any lane, walkway, alley, street, road,
highway or other public way in this State. (1953, c. 1193, s. 6;
1983, c. 175, ss. 1, 10; c. 720, s. 4.)
§14-12.8. Wearing of masks, hoods, etc., on public
property.
No person or persons shall in this State, while wearing any
mask, hood or device whereby the person, face or voice is
disguised so as to conceal the identity of the wearer, enter, or
appear upon or within the public property of any municipality or
county of the State, or of the State of North Carolina. (1953, c.
1193, s. 7.)
§14-12.9. Entry, etc., upon premises of another while wearing
mask, hood or other disguise.
No person or persons at least 16 years of age shall, while
wearing a mask, hood or device whereby the person, face or voice
is disguised so as to conceal the identity of the wearer, demand
entrance or admission, enter or come upon or into, or be upon or
in the premises, enclosure or house of any other person in any
municipality or county of this State. (1953, c. 1193, s. 8; 1983,
c. 175, ss. 2, 10; c. 720, s. 4.)
§14-12.10. Holding meetings or demonstrations while wearing
masks, hoods, etc.
No person or persons at least 16 years of age shall while
wearing a mask, hood or device whereby the person, face or voice
is disguised so as to conceal the identity of the wearer, hold
any manner of meeting, or make any demonstration upon the private
property of another unless such person or persons shall first
obtain from the owner or occupier of the property his or her
written permission to do so, which said written permission shall
be recorded in the office of the register of deeds of the county
in which said property is located before the beginning of such
meeting or demonstration. (1953, c. 1193, s. 9; 1983, c. 175, ss.
3, 10; c. 720, s. 4.)
§14-12.11. Exemptions from provisions of Article.
The following are exempted from the provisions of G.S. 14-
12.7, 14-12.8, 14-12.9, 14-12.10 and 14-12.14:
(1) Any person or persons wearing traditional holiday
costumes in season;
(2) Any person or persons engaged in trades and employment
where a mask is worn for the purpose of ensuring the physical
safety of the wearer, or because of the nature of the occupation,
trade or profession;
(3) Any person or persons using masks in theatrical
productions including use in Mardi Gras celebrations and
masquerade balls;
(4) Persons wearing gas masks prescribed in civil defense
drills and exercises or emergencies; and
(5) Any person or persons, as members or members elect of a
society, order or organization, engaged in any parade, ritual,
initiation, ceremony, celebration or requirement of such society,
order or organization, and wearing or using any manner of
costume, paraphernalia, disguise, facial makeup, hood, implement
or device, whether the identity of such person or persons is
concealed or not, on any public or private street, road, way or
property, or in any public or private building, provided
permission shall have been first obtained therefor by a
representative of such society, order or organization from the
governing body of the municipality in which the same takes place,
or, if not in a municipality, from the board of county
commissioners of the county in which the same takes place.
Provided, that the provisions of this Article shall not
apply to any preliminary meetings held in good faith for the
purpose of organizing, promoting or forming a labor union or a
local organization or subdivision of any labor union nor shall
the provisions of this Article apply to any meetings held by a
labor union or organization already organized, operating and
functioning and holding meetings for the purpose of transacting
and carrying out functions, pursuits and affairs expressly
pertaining to such labor union. (1953, c. 1193, s. 10.)
§14-12.12. Placing burning or flaming cross on property of
another or on public street or highway.
(a) It shall be unlawful for any person or persons to place
or cause to be placed on the property of another in this State a
burning or flaming cross or any manner of exhibit in which a
burning or flaming cross, real or simulated, is a whole or a
part, without first obtaining written permission of the owner or
occupier of the premises so to do.
(b) It shall be unlawful for any person or persons to place
or cause to be placed on the property of another in this State or
on a public street or highway, a burning or flaming cross or any
manner of exhibit in which a burning or flaming cross real or
simulated, is a whole or a part, with the intention of
intimidating any person or persons or of preventing them from
doing any act which is lawful, or causing them to do any act
which is unlawful. (1953, c. 1193, s. 11; 1967, c. 522, ss. 1,
2.)
§14-12.13. Placing exhibit with intention of intimidating,
etc., another.
It shall be unlawful for any person or persons to place or
cause to be placed anywhere in this State any exhibit of any kind
whatsoever, while masked or unmasked, with the intention of
intimidating any person or persons, or of preventing them from
doing any act which is lawful, or of causing them to do any act
which is unlawful. (1953, c. 1193, s. 12.)
§14-12.14. Placing exhibit while wearing mask, hood, or other
disguise.
It shall be unlawful for any person or persons, while
wearing a mask, hood or device whereby the person, face or voice
is disguised so as to conceal the identity of the wearer, to
place or cause to be placed at or in any place in the State any
exhibit of any kind whatsoever, with the intention of
intimidating any person or persons, or of preventing them from
doing any act which is lawful, or of causing them to do any act
which is unlawful. (1953, c. 1193, s. 13; 1967, c. 522, s. 3.)
§ 14-12.15. Punishment for violation of
Article.
All persons violating any of the provisions of this Article,
except for G.S. 14-12.12(b), 14-12.13, and 14-12.14, shall be
guilty of a Class 1 misdemeanor. All persons violating the
provisions of G.S. 14-12.12(b), 14-12.13, and 14-12.14 shall be
punished as a Class I felon. (1953, c. 1193, s. 14; 1967, c. 602;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 12; 1994, Ex. Sess., c. 24,
s. 14(c).)
§ 14-13. Counterfeiting coin and uttering coin
that is counterfeit.
If any person shall falsely make, forge or counterfeit, or
cause or procure to be falsely made, forged or counterfeited, or
willingly aid or assist in falsely making, forging or
counterfeiting the resemblance or similitude or likeness of any
coin of gold or silver which is in common use and received in the
discharge of contracts by the citizens of the State; or shall
pass, utter, publish or sell, or attempt to pass, utter, publish
or sell, or bring into the State from any other place with intent
to pass, utter, publish or sell as true, any such false, forged
or counterfeited coin, knowing the same to be false, forged or
counterfeited, with intent to defraud any person whatsoever,
every person so offending shall be punished as a Class I felon.
(1811, c. 814, s. 3, P.R.; R.C., c. 34, s. 64; Code, s. 1035;
Rev., s. 3422; C.S., s. 4181; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c.
539, s. 1123; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 379, s.
1(a).)
§ 14-14. Possessing tools for
counterfeiting.
If any person shall have in his possession any instrument
for the purpose of making any counterfeit similitude or likeness
of any coin made of gold or silver which is in common use and
received in discharge of contracts by the citizens of the State,
and shall be duly convicted thereof, the person so offending
shall be punished as a Class I felon. (1811, c. 814, s. 4, P.R.;
R.C., c. 34, s. 65; Code, s. 1036; Rev., s. 3423; C.S., s. 4182;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1; c. 179, s. 14; 1993, c. 539, s. 1124; 1994, Ex. Sess., c.
24, s. 14(c); 1995, c. 379, s. 1(b).)
§ 14-15. Issuing substitutes for money without
authority.
If any person or corporation, unless the same be expressly
allowed by law, shall issue any bill, due bill, order, ticket,
certificate of deposit, promissory note or obligation, or any
other kind of security, whatever may be its form or name, with
the intent that the same shall circulate or pass as the
representative of, or as a substitute for, money, he shall be
guilty of a Class 3 misdemeanor and only punishable by a fine not
to exceed the sum of fifty dollars ($50.00); and if the offender
be a corporation, it shall in addition forfeit its charter.
Every person or corporation offending against this section, or
aiding or assisting therein, shall be guilty of a Class 3
misdemeanor and only punishable by a fine not to exceed fifty
dollars ($50.00). (R.C., c. 36, s. 5; Code, s. 2493; 1895, c.
127; Rev., s. 3711; C.S., s. 4183; 1993, c. 539, s. 13; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-16. Receiving or passing unauthorized
substitutes for money.
If any person or corporation shall pass or receive, as the
representative of, or as the substitute for, money, any bill,
check, certificate, promissory note, or other security of the
kind mentioned in G.S. 14-15, whether the same be issued within
or without the State, such person or corporation, and the
officers and agents of such corporation aiding therein, who shall
offend against this section shall be guilty of a Class 3
misdemeanor and only punishable by a fine not to exceed five
dollars ($5.00). (R.C., c. 36, s. 6; Code, s. 2494; 1895, c. 127;
Rev., s. 3712; C.S., s. 4184; 1993, c. 539, s. 14; 1994, Ex.
Sess., c. 24, s. 14(c).)
ARTICLE 5A.
Endangering Executive and Legislative Officers.
§ 14-16.6. Assault on executive, legislative, or court
officer.
(a) Any person who assaults any legislative officer,
executive officer, or court officer, or any person who makes a
violent attack upon the residence, office, temporary
accommodation or means of transport of any one of those officers
in a manner likely to endanger the officer, shall be guilty of a
felony and shall be punished as a Class I felon.
(b) Any person who commits an offense under subsection (a)
and uses a deadly weapon in the commission of that offense shall
be punished as a Class F felon.
(c) Any person who commits an offense under subsection (a)
and inflicts serious bodily injury to any legislative officer,
executive officer, or court officer, shall be punished as a Class
F felon. (1981, c. 822, s. 1; 1993, c. 539, s. 1125; 1994, Ex.
Sess., c. 24, s. 14(c); 1999-398, s. 1.)
§ 14-16.7. Threats against executive, legislative, or
court officers.
(a) Any person who knowingly and willfully makes any threat
to inflict serious bodily injury upon or to kill any legislative
officer, executive officer, or court officer, shall be guilty of
a felony and shall be punished as a Class I felon.
(b) Any person who knowingly and willfully deposits for
conveyance in the mail any letter, writing, or other document
containing a threat to inflict serious bodily injury upon or to
kill any legislative officer, executive officer, or court
officer, shall be guilty of a felony and shall be punished as a
Class I felon. (1981, c. 822, s. 1; 1993, c. 539, s. 1126; 1994,
Ex. Sess., c. 24, s. 14(c); 1999-398, s. 1.)
§ 14-16.8. No requirement of receipt of the threat.
In prosecutions under G.S. 14-16.7 of this Article it shall
not be necessary to prove that any legislative officer, executive
officer, or court officer actually received the threatening
communication or actually believed the threat. (1981, c. 822, s.
1; 1999-398, s. 1.)
§ 14-16.9. Officers-elect to be covered.
Any person who has been elected to any office covered by
this Article but has not yet taken the oath of office shall be
considered to hold the office for the purpose of this Article and
G.S. 114-15. (1981, c. 822, s. 1.)
§ 14-16.10. Definitions.
The following definitions apply in this Article:
(1) Court officer. -- Magistrate, clerk of superior
court, acting clerk, assistant or deputy clerk, judge, or justice
of the General Court of Justice; district attorney, assistant
district attorney, or any other attorney designated by the
district attorney to act for the State or on behalf of the
district attorney; public defender or assistant defender; court
reporter; court counselor as defined in G.S. 7B-1501(5).
(2) Executive officer. -- A person named in G.S.
147-3(c).
(3) Legislative officer. -- A person named in G.S.
147-2(1), (2), or (3). (1999-398, s. 1.)
SUBCHAPTER III. OFFENSES AGAINST THE PERSON.
ARTICLE 6.
Homicide.
§ 14-17. Murder in the first and second degree
defined; punishment.
A murder which shall be perpetrated by means of poison,
lying in wait, imprisonment, starving, torture, or by any other
kind of willful, deliberate, and premeditated killing, or which
shall be committed in the perpetration or attempted perpetration
of any arson, rape or a sex offense, robbery, kidnapping,
burglary, or other felony committed or attempted with the use of
a deadly weapon shall be deemed to be murder in the first degree,
a Class A felony, and any person who commits such murder shall be
punished with death or imprisonment in the State's prison for
life without parole as the court shall determine pursuant to G.S.
15A-2000, except that any such person who was under 17 years of
age at the time of the murder shall be punished with imprisonment
in the State's prison for life without parole. Provided,
however, any person under the age of 17 who commits murder in the
first degree while serving a prison sentence imposed for a prior
murder or while on escape from a prison sentence imposed for a
prior murder shall be punished with death or imprisonment in the
State's prison for life without parole as the court shall
determine pursuant to G.S. 15A-2000. All other kinds of murder,
including that which shall be proximately caused by the unlawful
distribution of opium or any synthetic or natural salt, compound,
derivative, or preparation of opium, or cocaine or other
substance described in G.S. 90-90(1)d., when the ingestion of
such substance causes the death of the user, shall be deemed
murder in the second degree, and any person who commits such
murder shall be punished as a Class B2 felon. (1893, cc. 85, 281;
Rev., s. 3631; C.S., s. 4200; 1949, c. 299, s. 1; 1973, c. 1201,
s. 1; 1977, c. 406, s. 1; 1979, c. 682, s. 6; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1251, ss. 1, 2; 1981, c. 662, s. 1; 1987, c.
693; 1989, c. 694; 1993, c. 539, s. 112; 1994, Ex. Sess., c. 21,
s. 1; c. 22, s. 4; c. 24, s. 14(c); 1997-456, s. 27.)
§14-17.1. Crime of suicide abolished.
The common-law crime of suicide is hereby abolished as an
offense. (1973, c. 1205.)
§ 14-18. Punishment for manslaughter.
Voluntary manslaughter shall be punishable as a Class D
felony, and involuntary manslaughter shall be punishable as a
Class F felony. (4 Hen. VII, s. 13; 1816, c. 918, P.R.; R.C., c.
34, s. 24; 1879, c. 255; Code, s. 1055; Rev., s. 3632; C.S., s.
4201; 1933, c. 249; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316,
s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 112;
1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(q).)
§ 14-18.1: Repealed by Session Laws 1994, Ex. Sess., c.
14, s. 71(2).
§ 14-18.2. Injury to pregnant woman.
(a) Definitions. -- The following definitions shall apply
in this section:
(1) Miscarriage. -- The interruption of the normal
development of the fetus, other than by a live birth, and which
is not an induced abortion permitted under G.S. 14-45.1,
resulting in the complete expulsion or extraction from a pregnant
woman of the fetus.
(2) Stillbirth. -- The death of a fetus prior to
the complete expulsion or extraction from a woman irrespective of
the duration of pregnancy and which is not an induced abortion
permitted under G.S. 14-45.1.
(b) A person who in the commission of a felony causes
injury to a woman, knowing the woman to be pregnant, which injury
results in a miscarriage or stillbirth by the woman is guilty of
a felony that is one class higher than the felony committed.
(c) A person who in the commission of a misdemeanor that is
an act of domestic violence as defined in Chapter 50B of the
General Statutes causes injury to a woman, knowing the woman to
be pregnant, which results in miscarriage or stillbirth by the
woman is guilty of a misdemeanor that is one class higher than
the misdemeanor committed. If the offense was a Class A1
misdemeanor, the defendant is guilty of a Class I felony.
(d) This section shall not apply to acts committed by a
pregnant woman which result in a miscarriage or stillbirth by the
woman. (1998-212, s. 17.16(b).)
§14-19. Repealed by Session Laws 1979, c. 760, s. 5,
effective July 1, 1981.
§ 14-20: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 767, s. 29(1).
§§14-21 to 14-23. Repealed by Session Laws 1979, c. 682,
s. 7, effective January 1, 1980.
ARTICLE 7.
Rape and Kindred Offenses.
§§14-24, 14-25. Repealed by Session Laws, 1975, c. 402.
§§14-26, 14-27. Repealed by Session Laws 1979, c. 682, s.
7, effective January 1, 1980.
ARTICLE 7A.
Rape and Other Sex Offenses.
§14-27.1. Definitions.
As used in this Article, unless the context requires
otherwise:
(1) "Mentally defective" means (i) a victim who suffers from
mental retardation, or (ii) a victim who suffers from a mental
disorder, either of which temporarily or permanently renders the
victim substantially incapable of appraising the nature of his or
her conduct, or of resisting the act of vaginal intercourse or a
sexual act, or of communicating unwillingness to submit to the
act of vaginal intercourse or a sexual act.
(2) "Mentally incapacitated" means a victim who due to any
act committed upon 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.
(3) "Physically helpless" means (i) a victim who is
unconscious; or (ii) a victim who is physically unable to resist
an act of vaginal intercourse or a sexual act or communicate
unwillingness to submit to an act of vaginal intercourse or a
sexual act.
(4) "Sexual act" means 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:
provided, that it shall be an affirmative defense that the
penetration was for accepted medical purposes. (1979, c. 682, s.
1.)
§ 14-27.2. First-degree rape.
(a) A person is guilty of rape in the first degree if the
person engages in vaginal intercourse:
(1) 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; or
(2) With another person by force and against the
will of the other person, and:
a. Employs or displays a dangerous or deadly
weapon or an article which the other person reasonably believes
to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the
victim or another person; or
c. 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. 4; 1981, c. 106, ss. 1, 2; 1983, c.
175, ss. 4, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 2.)
§ 14-27.3. Second-degree rape.
(a) A person is guilty of rape in the second degree if the
person engages in vaginal intercourse with another person:
(1) By force and against the will of the other
person; or
(2) Who is mentally defective, mentally
incapacitated, or physically helpless, and the person performing
the act knows or should reasonably know the other person is
mentally defective, mentally incapacitated, or physically
helpless.
(b) Any person who commits the offense defined in this
section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979,
2nd Sess., c. 1316, s. 5; 1981, cc. 63, 179; 1993, c. 539, s.
1130; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-27.4. First-degree sexual offense.
(a) A person is guilty of a sexual offense in the first
degree if the person engages in a sexual act:
(1) 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; or
(2) With another person by force and against the
will of the other person, and:
a. Employs or displays a dangerous or deadly
weapon or an article which the other person reasonably believes
to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the
victim or another person; or
c. 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. 106, ss. 3, 4; 1983, c.
175, ss. 5, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 3.)
§ 14-27.5. Second-degree sexual offense.
(a) A person is guilty of a sexual offense in the second
degree 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 is mentally defective, mentally
incapacitated, or physically helpless, and the person performing
the act knows or should reasonably know that the other person is
mentally defective, mentally incapacitated, or physically
helpless.
(b) Any person who commits the offense defined in this
section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979,
2nd Sess., c. 1316, s. 7; 1981, c. 63, c. 179, s. 14; 1993, c.
539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-27.6: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 71(3).
§ 14-27.7. Intercourse and sexual offenses with certain
victims; consent no defense.
(a) 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, the defendant is guilty of a Class
E felony. Consent is not a defense to a charge under this
section.
(b) If a defendant, who is a teacher, school administrator,
student teacher, or coach, at any age, or who is other school
personnel, and who is at least four years older than the victim
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 school personnel is employed or
volunteers. A defendant who is school personnel, other than a
teacher, school administrator, student teacher, or coach, and is
less than four years older than the victim and engages in vaginal
intercourse or a sexual act with a victim who is a student, is
guilty of a Class A1 misdemeanor. This subsection shall apply
unless the conduct is covered under some other provision of law
providing for greater punishment. Consent is not a defense to a
charge under this section. For purposes of this subsection, the
terms "school", "school personnel", and "student" shall have the
same meaning as in G.S. 14-202.4(d). (1979, c. 682, s. 1; 1979,
2nd Sess., c. 1316, s. 9; 1981, c. 63; c. 179, s. 14; 1993, c.
539, s. 1132; 1994, Ex. Sess., c. 24, s. 14(c); 1999-300, s. 2.)
§ 14-27.7A. Statutory rape or sexual offense of
person who is 13, 14, or 15 years old.
(a) A defendant is guilty of a Class B1 felony if the
defendant engages in vaginal intercourse or a sexual act with
another person who is 13, 14, or 15 years old and the defendant
is at least six years older than the person, except when the
defendant is lawfully married to the person.
(b) A defendant is guilty of a Class C felony if the
defendant engages in vaginal intercourse or a sexual act with
another person who is 13, 14, or 15 years old and the defendant
is more than four but less than six years older than the person,
except when the defendant is lawfully married to the person.
(1995, c. 281, s. 1.)
§ 14-27.8. No defense that victim is spouse of person
committing act.
A person may be prosecuted under this Article whether or not
the victim is the person's legal spouse at the time of the
commission of the alleged rape or sexual offense. (1979, c. 682,
s. 1; 1987, c. 742; 1993, c. 274.)
§14-27.9. No presumption as to incapacity.
In prosecutions under this Article, there shall be no
presumption that any person under the age of 14 years is
physically incapable of committing a sex offense of any degree or
physically incapable of committing rape, or that a male child
under the age of 14 years is incapable of engaging in sexual
intercourse. (1979, c. 682, s. 1.)
§14-27.10. Evidence required in prosecutions under this
Article.
It shall not be necessary upon the trial of any indictment
for an offense under this Article where the sex act alleged is
vaginal intercourse or anal intercourse to prove the actual
emission of semen in order to constitute the offense; but the
offense shall be completed upon proof of penetration only.
Penetration, however slight, is vaginal intercourse or anal
intercourse. (1979, c. 682, s. 1.)
ARTICLE 8.
Assaults.
§ 14-28. Malicious castration.
If any person, of malice aforethought, shall unlawfully
castrate any other person, or cut off, maim or disfigure any of
the privy members of any person, with intent to murder, maim,
disfigure, disable or render impotent such person, the person so
offending shall be punished as a Class C felon. (1831, c. 40, s.
1; R.C., c. 34, s. 4; 1868-9, c. 167, s. 6; Code, s. 999; Rev.,
s. 3627; C.S., s. 4210; 1979, c. 760, s. 5; 1979, 2nd Sess., c.
1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s.
1133; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-29. Castration or other maiming without
malice aforethought.
If any person shall, on purpose and unlawfully, but without
malice aforethought, cut, or slit the nose, bite or cut off the
nose, or a lip or an ear, or disable any limb or member of any
other person, or castrate any other person, or cut off, maim or
disfigure any of the privy members of any other person, with
intent to kill, maim, disfigure, disable or render impotent such
person, the person so offending shall be punished as a Class E
felon. (1754, c. 56, P.R.; 1791, c. 339, ss. 2, 3, P.R.; 1831, c.
40, s. 2; R.C., c. 34, s. 47; Code, s. 1000; Rev., s. 3626; C.S.,
s. 4211; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47;
1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1134; 1994,
Ex. Sess., c. 24, s. 14(c).)
§ 14-30. Malicious maiming.
If any person shall, of malice aforethought, unlawfully cut
out or disable the tongue or put out an eye of any other person,
with intent to murder, maim or disfigure, the person so
offending, his counselors, abettors and aiders, knowing of and
privy to the offense, shall be punished as a Class C felon. (22
and 23 Car. II, c. 1 (Coventry Act); 1754, c. 56, P.R.; 1791, c.
339, s. 1, P.R.; 1831, c. 12; R.C., c. 34, s. 14; Code, s. 1080;
Rev., s. 3636; C.S., s. 4212; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.
539, s. 1135; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-30.1. Malicious throwing of corrosive acid
or alkali.
If any person shall, of malice aforethought, knowingly and
willfully throw or cause to be thrown upon another person any
corrosive acid or alkali with intent to murder, maim or disfigure
and inflicts serious injury not resulting in death, he shall be
punished as a Class E felon. (1963, c. 354; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1993, c. 539, s. 1136; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-31. Maliciously assaulting in a secret
manner.
If any person shall in a secret manner maliciously commit an
assault and battery with any deadly weapon upon another by
waylaying or otherwise, with intent to kill such other person,
notwithstanding the person so assaulted may have been conscious
of the presence of his adversary, he shall be punished as a Class
E felon. (1887, c. 32; Rev., s. 3621; 1919, c. 25; C.S., s. 4213;
1969, c. 602, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316,
s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1137;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-32. Felonious assault with deadly weapon
with intent to kill or inflicting serious injury;
punishments.
(a) Any person who assaults another person with a deadly
weapon with intent to kill and inflicts serious injury shall be
punished as a Class C felon.
(b) Any person who assaults another person with a deadly
weapon and inflicts serious injury shall be punished as a Class E
felon.
(c) Any person who assaults another person with a deadly
weapon with intent to kill shall be punished as a Class E felon.
(1919, c. 101; C.S., s. 4214; 1931, c. 145, s. 30; 1969, c. 602,
s. 2; 1971, c. 765, s. 1, c. 1093, s. 12; 1973, c. 229, ss. 1-3;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 1138; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-32.1. Assaults on handicapped persons;
punishments.
(a) For purposes of this section, a "handicapped person" is
a person who has:
(1) A physical or mental disability, such as
decreased use of arms or legs, blindness, deafness, mental
retardation or mental illness; or
(2) Infirmity
which would substantially impair that person's ability to defend
himself.
(b) through (d) Repealed by Session Laws 1993 (Reg. Sess.,
1994), c. 767, s. 31.
(e) Unless his conduct is covered under some other
provision of law providing greater punishment, any person who
commits any aggravated assault or assault and battery on a
handicapped person is guilty of a Class F felony. A person
commits an aggravated assault or assault and battery upon a
handicapped person if, in the course of the assault or assault
and battery, that person:
(1) Uses a deadly weapon or other means of force
likely to inflict serious injury or serious damage to a
handicapped person; or
(2) Inflicts serious injury or serious damage to a
handicapped person; or
(3) Intends to kill a handicapped person.
(f) Any person who commits a simple assault or battery upon
a handicapped person is guilty of a Class 1 misdemeanor. (1981,
c. 780, s. 1; 1993, c. 539, ss. 15, 1139; 1994, Ex. Sess., c. 24,
s. 14(c); 1993 (Reg. Sess., 1994), c. 767, s. 31.)
§ 14-32.2. Patient abuse and neglect; punishments.
(a) It shall be unlawful for any person to physically abuse
a patient of a health care facility or a resident of a
residential care facility, when the abuse results in death or
bodily injury.
(b) Unless the conduct is prohibited by some other
provision of law providing for greater punishment,
(1) A violation of subsection (a) above is a Class
C felony where intentional conduct proximately causes the death
of the patient or resident;
(2) A violation of subsection (a) above is a Class
E felony where culpably negligent conduct proximately causes the
death of the patient or resident;
(3) A violation of subsection (a) above is a Class
F felony where such conduct is willful or culpably negligent and
proximately causes serious bodily injury to the patient or
resident.
(4) A violation of subsection (a) is a Class A1
misdemeanor where such conduct evinces a pattern of conduct and
the conduct is willful or culpably negligent and proximately
causes bodily injury to a patient or resident.
(c) "Health Care Facility" shall include hospitals, skilled
nursing facilities, intermediate care facilities, intermediate
care facilities for the mentally retarded, psychiatric
facilities, rehabilitation facilities, kidney disease treatment
centers, home health agencies, ambulatory surgical facilities,
and any other health care related facility whether publicly or
privately owned.
(c1) "Residential Care Facility" shall include adult care
homes and any other residential care related facility whether
publicly or privately owned.
(d) "Person" shall include any natural person, association,
corporation, partnership, or other individual or entity.
(e) "Culpably negligent" shall mean conduct of a willful,
gross and flagrant character, evincing reckless disregard of
human life.
(e1) "Abuse" means the willful or culpably negligent
infliction of physical injury or the willful or culpably
negligent violation of any law designed for the health or welfare
of a patient or resident.
(f) Any defense which may arise under G.S. 90-321(h) or
G.S. 90-322(d) pursuant to compliance with Article 23 of Chapter
90 shall be fully applicable to any prosecution initiated under
this section.
(g) Criminal process for a violation of this section may be
issued only upon the request of a District Attorney.
(h) The provisions of this section shall not supersede any
other applicable statutory or common law offenses. (1987, c. 527,
s. 1; 1993, c. 539, s. 1140; 1994, Ex. Sess., c. 24, s. 14(c);
1995, c. 535, s. 1; 1995 (Reg. Sess., 1996), c. 742, ss. 7, 8;
1999-334, s. 3.15; 1999-456, s. 61(b).)
§ 14-32.3. Domestic abuse, neglect, and
exploitation of disabled or elder adults.
(a) Abuse. -- A person is guilty of abuse if that person is
a caretaker of a disabled or elder adult who is residing in a
domestic setting and, with malice aforethought, knowingly and
willfully: (i) assaults, (ii) fails to provide medical or
hygienic care, or (iii) confines or restrains the disabled or
elder adult in a place or under a condition that is cruel or
unsafe, and as a result of the act or failure to act the disabled
or elder adult suffers mental or physical injury.
If the disabled or elder adult suffers serious injury from
the abuse, the caretaker is guilty of a Class F felony. If the
disabled or elder adult suffers injury from the abuse, the
caretaker is guilty of a Class H felony.
A person is not guilty of an offense under this subsection
if the act or failure to act is in accordance with G.S. 90-321 or
G.S. 90-322.
(b) Neglect. -- A person is guilty of neglect if that
person is a caretaker of a disabled or elder adult who is
residing in a domestic setting and, wantonly, recklessly, or with
gross carelessness: (i) fails to provide medical or hygienic
care, or (ii) confines or restrains the disabled or elder adult
in a place or under a condition that is unsafe, and as a result
of the act or failure to act the disabled or elder adult suffers
mental or physical injury.
If the disabled or elder adult suffers serious injury from
the neglect, the caretaker is guilty of a Class G felony. If the
disabled or elder adult suffers injury from the neglect, the
caretaker is guilty of a Class I felony.
A person is not guilty of an offense under this subsection
if the act or failure to act is in accordance with G.S. 90-321 or
G.S. 90-322.
(c) Exploitation. -- A person is guilty of exploitation if
that person is a caretaker of a disabled or elder adult who is
residing in a domestic setting, and knowingly, willfully and with
the intent to permanently deprive the owner of property or money:
(i) makes a false representation, (ii) abuses a position of trust
or fiduciary duty, or (iii) coerces, commands, or threatens, and,
as a result of the act, the disabled or elder adult gives or
loses possession and control of property or money.
If the loss of property or money is of a value of more than
one thousand dollars ($1,000) the caretaker is guilty of a Class
H felony. If the loss of property or money is of a value of one
thousand dollars ($1,000) or less, the caretaker is guilty of a
Class 1 misdemeanor.
(d) Definitions. -- The following definitions apply in this
section:
(1) Caretaker. -- A person who has the
responsibility for the care of a disabled or elder adult as a
result of family relationship or who has assumed the
responsibility for the care of a disabled or elder adult
voluntarily or by contract.
(2) Disabled adult. -- A person 18 years of age or
older or a lawfully emancipated minor who is present in the State
of North Carolina and who is physically or mentally incapacitated
as defined in G.S. 108A-101(d).
(3) Domestic setting. -- Residence in any
residential setting except for a health care facility or
residential care facility as these terms are defined in G.S. 14-
32.2.
(4) Elder adult. -- A person 60 years of age or
older who is not able to provide for the social, medical,
psychiatric, psychological, financial, or legal services
necessary to safeguard the person's rights and resources and to
maintain the person's physical and mental well-being. (1995, c.
246, s. 1; 1995 (Reg. Sess., 1996), c. 742, s. 9.)
§ 14-32.4. Assault inflicting serious bodily
injury.
Unless the conduct is covered under some other provision of
law providing greater punishment, any person who assaults another
person and inflicts serious bodily injury is guilty of a Class F
felony. "Serious bodily injury" is defined as bodily injury that
creates a substantial risk of death, or that causes serious
permanent disfigurement, coma, a permanent or protracted
condition that causes extreme pain, or permanent or protracted
loss or impairment of the function of any bodily member or organ,
or that results in prolonged hospitalization. (1996, 2nd Ex.
Sess., c. 18, s. 20.13(a).)
§ 14-33. Misdemeanor assaults, batteries, and affrays,
simple and aggravated; punishments.
(a) Any person who commits a simple assault or a simple
assault and battery or participates in a simple affray is guilty
of a Class 2 misdemeanor.
(b) Unless his conduct is covered under some other
provision of law providing greater punishment, any person who
commits any assault, assault and battery, or affray is guilty of
a Class 1 misdemeanor if, in the course of the assault, assault
and battery, or affray, he:
(1) through (3) Repealed by Session Laws 1995, c.
507, s. 19.5(b);
(4) through (7) Repealed by Session Laws 1991, c.
525, s. 1;
(8) Repealed by Session Laws 1995, c. 507, s.
19.5(b);
(9) Commits an assault and battery against a sports
official when the sports official is discharging or attempting to
discharge official duties at a sports event, or immediately after
the sports event at which the sports official discharged official
duties. A "sports official" is a person at a sports event who
enforces the rules of the event, such as an umpire or referee, or
a person who supervises the participants, such as a coach. A
"sports event" includes any interscholastic or intramural
athletic activity in a primary, middle, junior high, or high
school, college, or university, any organized athletic activity
sponsored by a community, business, or nonprofit organization,
any athletic activity that is a professional or semiprofessional
event, and any other organized athletic activity in the State.
(c) Unless the conduct is covered under some other
provision of law providing greater punishment, any person who
commits any assault, assault and battery, or affray is guilty of
a Class A1 misdemeanor if, in the course of the assault, assault
and battery, or affray, he or she:
(1) Inflicts serious injury upon another person or
uses a deadly weapon;
(2) Assaults a female, he being a male person at
least 18 years of age;
(3) Assaults a child under the age of 12 years;
(4) Assaults an officer or employee of the State or
any political subdivision of the State, when the officer or
employee is discharging or attempting to discharge his official
duties;
(5) Repealed by Session Laws 1999-105, s. 1; or
(6) Assaults a school employee or school volunteer
when the employee or volunteer is discharging or attempting to
discharge his or her duties as an employee or volunteer, or
assaults a school employee or school volunteer as a result of the
discharge or attempt to discharge that individual's duties as a
school employee or school volunteer. For purposes of this
subdivision, the following definitions shall apply:
a. "Duties" means:
1. All activities on school property;
2. All activities, wherever occurring,
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.
b. "Employee" or "volunteer" means:
1. An employee of a local board of
education; or a charter school authorized under G.S. 115C-
238.29D, or a nonpublic school which has filed intent to operate
under Part 1 or Part 2 of Article 39 of Chapter 115C of the
General Statutes;
2. An independent contractor or an
employee of an independent contractor of a local board of
education, charter school authorized under G.S. 115C-238.29D, or
a nonpublic school which has filed intent to operate under Part 1
or Part 2 of Article 39 of Chapter 115C of the General Statutes,
if the independent contractor carries out duties customarily
performed by employees of the school; and
3. An adult who volunteers his or her
services or presence at any school activity and is under the
supervision of an individual listed in sub-sub-subdivision 1. or
2. of this sub-subdivision. (1870-1, c. 43, s. 2; 1873-4, c. 176,
s. 6; 1879, c. 92, ss. 2, 6; Code, s. 987; Rev., s. 3620, 1911,
c. 193; C.S., s. 4215; 1933, c. 189; 1949, c. 298; 1969, c. 618,
s. 1; 1971, c. 765, s. 2; 1973, c. 229, s. 4; c. 1413; 1979, cc.
524, 656; 1981, c. 180; 1983, c. 175, ss. 6, 10; c. 720, s. 4;
1985, c. 321; 1991, c. 525, s. 1; 1993, c. 286, s. 1; c. 539, s.
16; 1994, Ex. Sess., c. 14, s. 3; c. 24, s. 14(c); 1993 (Reg.
Sess., 1994), c. 687, s. 1; 1995, c. 352, s. 1; 1995, c. 507, s.
19.5(b); 1999-105, s. 1.)
§14-33.1. Evidence of former threats upon plea of
self-defense.
In any case of assault, assault and battery, or affray in
which the plea of the defendant is self-defense, evidence of
former threats against the defendant by the person alleged to
have been assaulted by him, if such threats shall have been
communicated to the defendant before the altercation, shall be
competent as bearing upon the reasonableness of the claim of
apprehension by the defendant of bodily harm, and also as bearing
upon the amount of force which reasonably appeared necessary to
the defendant, under the circumstances, to repel his assailant.
(1969, c. 618, s. 2.)
§ 14-33.2. Habitual misdemeanor assault.
A person commits the offense of habitual misdemeanor assault
if that person violates any of the provisions of G.S. 14-33(c) or
G.S. 14-34 and has been convicted of five or more prior
misdemeanor convictions, two of which were assaults. A person
convicted of violating this section is guilty of a Class H
felony. (1995, c. 507, s. 19.5(c).)
§ 14-34. Assaulting by pointing gun.
If any person shall point any gun or pistol at any person,
either in fun or otherwise, whether such gun or pistol be loaded
or not loaded, he shall be guilty of a Class A1 misdemeanor.
(1889, c. 527; Rev., s. 3622; C.S., s. 4216; 1969, c. 618, s. 2
1/2; 1993, c. 539, s. 17; 1994, Ex. Sess., c. 24, s. 14(c); 1995,
c. 507, s. 19.5(d).)
§ 14-34.1. Discharging certain barreled weapons
or a firearm into occupied property.
Any person who willfully or wantonly discharges or attempts
to discharge:
(1) Any barreled weapon capable of discharging
shot, bullets, pellets, or other missiles at a muzzle velocity of
at least 600 feet per second; or
(2) A firearm into any building, structure,
vehicle, aircraft, watercraft, or other conveyance, device,
equipment, erection, or enclosure while it is occupied is guilty
of a Class E felony. (1969, c. 341; c. 869, s. 7; 1979, c. 760,
s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179,
s. 14, c. 755; 1993, c. 539, s. 1141; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-34.2. Assault with a firearm or other
deadly weapon upon governmental officers or employees, company
police officers, or campus police officers.
Unless a person's conduct is covered under some other
provision of law providing greater punishment, any person who
commits an assault with a firearm or any other deadly weapon upon
an officer or employee of the State or of any political
subdivision of the State, a company police officer certified
pursuant to the provisions of Chapter 74E of the General
Statutes, or a campus police officer certified pursuant to the
provisions of Chapter 17C or Chapter 116 of the General Statutes,
in the performance of his duties shall be guilty of a Class F
felony. (1969, c. 1134; 1977, c. 829; 1979, c. 760, s. 5; 1979,
2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14;
1981, c. 535, s. 1; 1991, c. 525, s. 2; 1993, c. 539, s. 1142;
1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c.
687, s. 2; 1995, c. 507, s. 19.5(i).)
§ 14-34.3. Manufacture, sale, purchase, or possession
of teflon-coated types of bullets prohibited.
(a) It is unlawful for any person to import, manufacture,
possess, store, transport, sell, offer to sell, purchase, offer
to purchase, deliver or give to another, or acquire any teflon-
coated bullet.
(b) This section does not apply to:
(1) Officers and enlisted personnel of the armed
forces of the United States when in discharge of their official
duties as such and acting under orders requiring them to carry
arms or weapons, civil officers of the United States while in the
discharge of their official duties, officers and soldiers of the
militia when called into actual service, officers of the State,
or of any county, city or town, charged with the execution of the
laws of the State, when acting in the discharge of their official
duties;
(2) Importers, manufacturers, and dealers validly
licensed under the laws of the United States or the State of
North Carolina who possess for the purpose of sale to authorized
law-enforcement agencies only;
(3) Inventors, designers, ordinance consultants and
researchers, chemists, physicists, and other persons employed by
or under contract with a manufacturing company engaged in making
or doing research designed to enlarge knowledge or to facilitate
the creation, development, or manufacture of more effective
police-type body armor.
(c) Any person who violates any provision of this section
is guilty of a Class 1 misdemeanor. (1981 (Reg. Sess., 1982), c.
1272, s. 1; 1993, c. 539, s. 18; 1994, Ex. Sess., c. 24, s.
14(c); 1999-456, s. 33(a).)
§ 14-34.4. Adulterated or misbranded food, drugs, or
cosmetics; intent to cause serious injury or death; intent to
extort.
(a) Any person who with the intent to cause serious injury
or death manufactures, sells, delivers, offers, or holds for
sale, any food, drug, or cosmetic that is adulterated or
misbranded, or adulterates or misbrands any food, drug, or
cosmetic, in violation of G.S. 106-122, is guilty of a Class C
felony.
(b) Any person who with the intent to wrongfully obtain,
directly or indirectly, anything of value or any acquittance,
advantage, or immunity communicates to another that he has
violated, or intends to violate, subsection (a) of this section,
is guilty of a Class C felony. (1987, c. 313.)
§ 14-34.5. Assault with a firearm on a law
enforcement, probation, or parole officer or on a person employed
at a State or local detention facility.
(a) Any person who commits an assault with a firearm upon a
law enforcement officer, probation officer, or parole officer
while the officer is in the performance of his or her duties is
guilty of a Class E felony.
(b) Anyone who commits an assault with a firearm upon a
person who is employed at a detention facility operated under the
jurisdiction of the State or a local government while the
employee is in the performance of the employee's duties is guilty
of a Class E felony. (1995, c. 507, s. 19.5(j); 1995 (Reg. Sess.,
1996), c. 742, s. 10; 1997-443, s. 19.25(gg).)
§ 14-34.6. (See editor's note) Assault or
affray on a firefighter, an emergency medical technician, medical
responder, emergency department nurse, or emergency department
physician.
(a) A person is guilty of a Class A1 misdemeanor if the
person commits an assault or an affray on any of the following
persons who are discharging or attempting to discharge their
official duties:
(1) An emergency medical technician.
(2) A medical responder.
(3) An emergency department nurse.
(4) An emergency department physician.
(5) A firefighter.
(b) Unless a person's conduct is covered under some other
provision of law providing greater punishment, a person is guilty
of a Class I felony if the person violates subsection (a) of this
section and (i) inflicts serious bodily injury or (ii) uses a
deadly weapon other than a firearm.
(c) Unless a person's conduct is covered under some other
provision of law providing greater punishment, a person is guilty
of a Class F felony if the person violates subsection (a) of this
section and uses a firearm. (1995, c. 507, s. 19.6(a); 1996, 2nd
Ex. Sess., c. 18, s. 20.14B(b); 1997-9, s. 2; 1997-443, s.
11A.129A; 1998-217, s. 1.)
§ 14-34.7. Assault on a law enforcement,
probation, or parole officer or on a person employed at a State
or local detention facility.
(a) Unless covered under some other provision of law
providing greater punishment, a person is guilty of a Class F
felony if the person assaults a law enforcement officer,
probation officer, or parole officer while the officer is
discharging or attempting to discharge his or her official duties
and inflicts serious bodily injury on the officer.
(b) Anyone who assaults a person who is employed at a
detention facility operated under the jurisdiction of the State
or a local government while the employee is in the performance of
the employee's duties and inflicts serious bodily injury on the
employee is guilty of a Class F felony, unless the person's
conduct is covered under some other provision of law providing
greater punishment. (1996, 2nd Ex. Sess., c. 18, s. 20.14B(a);
1997-443, s. 19.25(hh).)
§ 14-34.8. Criminal use of laser device.
(a) For purposes of this section, the term "laser" means
light amplification by stimulated emission of radiation.
(b) It is unlawful intentionally to point a laser device at
a law enforcement officer, or at the head or face of another
person, while the device is emitting a laser beam.
(c) A violation of this section is an infraction.
(d) This section does not apply to a law enforcement
officer who uses a laser device in discharging or attempting to
discharge the officer's official duties. This section does not
apply to a health care professional who uses a laser device in
providing services within the scope of practice of that
professional nor to any other person who is licensed or
authorized by law to use a laser device or uses it in the
performance of the person's official duties.
(e) This section does not apply to laser tag, paintball
guns, and other similar games and devices using light emitting
diode (LED) technology. (1999-401, s. 1.)
ARTICLE 9.
Hazing.
§ 14-35. Hazing; definition and punishment.
It shall be unlawful for any student in any college or
school in this State to engage in what is known as hazing, or to
aid or abet any other student in the commission of this offense.
For the purposes of this section hazing is defined as follows:
"to annoy any student by playing abusive or ridiculous tricks
upon him, to frighten, scold, beat or harass him, or to subject
him to personal indignity." Any violation of this section shall
constitute a Class 2 misdemeanor. (1913, c. 169, ss. 1, 2, 3, 4;
C.S., s. 4217; 1969, c. 1224, s. 1; 1993, c. 539, s. 19; 1994,
Ex. Sess., c. 24, s. 14(c).)
§ 14-36. Expulsion from school; duty of faculty
to expel.
Upon conviction of any student of the offense of hazing, or
of aiding or abetting in the commission of this offense, he
shall, in addition to any punishment imposed by the court, be
expelled from the college or school he is attending. The faculty
or governing board of any college or school charged with the duty
of expulsion of students for proper cause shall, upon such
conviction at once expel the offender, and a failure to do so
shall be a Class 1 misdemeanor. (1913, c. 169, ss. 5, 6; C.S., s.
4218; 1993, c. 539, s. 20; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-37. Repealed by Session Laws 1979, c. 7, s. 1.
§14-38. Witnesses in hazing trials; no indictment to be
founded on self-criminating testimony.
In all trials for the offense of hazing any student or other
person subpoenaed as a witness in behalf of the State shall be
required to testify if called upon to do so: Provided, however,
that no student or other person so testifying shall be amenable
or subject to indictment on account of, or by reason of, such
testimony. (1913, c. 169, s. 8; C.S., s. 4220.)
ARTICLE 10.
Kidnapping and Abduction.
§ 14-39. Kidnapping.
(a) Any person who shall unlawfully confine, restrain, or
remove 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 without the consent of a parent
or legal custodian of such person, shall be guilty of kidnapping
if such confinement, restraint or removal is for the purpose of:
(1) Holding such other person for a ransom or as a
hostage or using such other person as a shield; or
(2) Facilitating the commission of any felony or
facilitating flight of any person following the commission of a
felony; or
(3) Doing serious bodily harm to or terrorizing the
person so confined, restrained or removed or any other person; or
(4) Holding such other person in involuntary
servitude in violation of G.S. 14-43.2.
(b) There shall be two degrees of kidnapping as defined by
subsection (a). If the person kidnapped either was not released
by the defendant in a safe place or had been seriously injured or
sexually assaulted, the offense is kidnapping in the first degree
and is punishable as a Class C felony. If the person kidnapped
was released in a safe place by the defendant and had not been
seriously injured or sexually assaulted, the offense is
kidnapping in the second degree and is punishable as a Class E
felony.
(c) Any firm or corporation convicted of kidnapping shall
be punished by a fine of not less than five thousand dollars
($5,000) nor more than one hundred thousand dollars ($100,000),
and its charter and right to do business in the State of North
Carolina shall be forfeited. (1933, c. 542; 1975, c. 843, s. 1;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1; c. 179, s. 14; 1983, c. 746, s. 2; 1993, c. 539, s. 1143;
1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 509, s. 8.)
§ 14-40. Enticing minors out of the State for
the purpose of employment.
If any person shall employ and carry beyond the limits of
this State any minor, or shall induce any minor to go beyond the
limits of this State, for the purpose of employment without the
consent in writing, duly authenticated, of the parent, guardian
or other person having authority over such minor, he shall be
guilty of a Class 2 misdemeanor. The fact of the employment and
going out of the State of the minor, or of the going out of the
State by the minor, at the solicitation of the person for the
purpose of employment, shall be prima facie evidence of
knowledge that the person employed or solicited to go beyond the
limits of the State is a minor. (1891, c. 45; Rev., s. 3630;
C.S., s. 4222; 1969, c. 1224, s. 4; 1993, c. 539, s. 21; 1994,
Ex. Sess., c. 24, s. 14(c).)
§ 14-41. Abduction of children.
(a) Any person who, without legal justification or defense,
abducts or induces any minor child who is at least four years
younger than the person to leave any person, agency, or
institution lawfully entitled to the child's custody, placement,
or care shall be guilty of a Class F felony.
(b) The provisions of this section shall not apply to any
public officer or employee in the performance of his or her duty.
(1879, c. 81; Code, s. 973; Rev., s. 3358; C.S., s. 4223; 1979,
c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1;
c. 179, s. 14; 1993, c. 539, s. 1144; 1994, Ex. Sess., c. 24, s.
14(c); 1995 (Reg. Sess., 1996), c. 745, s. 1.)
§ 14-42: Repealed by Session Laws 1993, c. 539, s.
1358.2.
§ 14-43: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 767, s. 29(2).
§ 14-43.1. Unlawful arrest by officers from
other states.
A law-enforcement officer of a state other than North
Carolina who, knowing that he is in the State of North Carolina
and purporting to act by authority of his office, arrests a
person in the State of North Carolina, other than as is permitted
by G.S. 15A-403, is guilty of a Class 2 misdemeanor. (1973, c.
1286, s. 10; 1993, c. 539, s. 22; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-43.2. Involuntary servitude.
(a) As used in this section, "involuntary servitude" means
the unlawful holding of a person against his will:
(1) For the performance of labor, whether or not
for compensation, or whether or not for the satisfaction of a
debt, and
(2) By coercion or intimidation using violence or
the threat of violence, or by any other means of coercion or
intimidation.
(b) It is unlawful to knowingly and willfully:
(1) Hold another in involuntary servitude, or
(2) Entice, persuade or induce another to go to
another place with the intent that the other be held in
involuntary servitude.
A person violating this subsection shall be guilty of a
Class F felony.
(c) Nothing in this section shall be construed to affect
the laws governing the relationship between an unemancipated
minor and his parents or legal guardian.
(d) If any person reports a violation of subsection (b) of
this section, which violation arises out of any contract for
labor, to any party to the contract, the party shall immediately
report the violation to the sheriff of the county in which the
violation is alleged to have occurred, for appropriate action. A
person violating this subsection shall be guilty of a Class 1
misdemeanor. (1983, c. 746, s. 1; 1993, c. 539, ss. 23, 1146;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-43.3. Felonious restraint.
A person commits the offense of felonious restraint if he
unlawfully restrains another person without that person's
consent, or the consent of the person's parent or legal custodian
if the person is less than 16 years old, and moves the person
from the place of the initial restraint by transporting him in a
motor vehicle or other conveyance. Violation of this section is
a Class F felony. Felonious restraint is considered a lesser
included offense of kidnapping. (1985, c. 545, s. 1; 1993, c.
539, s. 1147; 1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 11.
Abortion and Kindred Offenses.
§ 14-44. Using drugs or instruments to destroy
unborn child.
If any person shall willfully administer to any woman,
either pregnant or quick with child, or prescribe for any such
woman, or advise or procure any such woman to take any medicine,
drug or other substance whatever, or shall use or employ any
instrument or other means with intent thereby to destroy such
child, he shall be punished as a Class H felon. (1881, c. 351, s.
1; Code, s. 975; Rev., s. 3618; C.S., s. 4226; 1967, c. 367, s.
1; 1979, c. 760, s. 5.)
§14-45. Using drugs or instruments to produce miscarriage or
injure pregnant woman.
If any person shall administer to any pregnant woman, or
prescribe for any such woman, or advise and procure such woman to
take any medicine, drug or anything whatsoever, with intent
thereby to procure the miscarriage of such woman, or to injure or
destroy such woman, or shall use any instrument or application
for any of the above purposes, he shall be punished as a Class I
felon. (1881, c. 351, s. 2; Code, s. 976; Rev., s. 3619; C.S., s.
4227; 1979, c. 760, s. 5.)
§ 14-45.1. When abortion not unlawful.
(a) Notwithstanding any of the provisions of G.S. 14-44 and
14-45, it shall not be unlawful, during the first 20 weeks of a
woman's pregnancy, to advise, procure, or cause a miscarriage or
abortion when the procedure is performed by a physician licensed
to practice medicine in North Carolina in a hospital or clinic
certified by the Department of Health and Human Services to be a
suitable facility for the performance of abortions.
(b) Notwithstanding any of the provisions of G.S. 14-44 and
14-45, it shall not be unlawful, after the twentieth week of a
woman's pregnancy, to advise, procure or cause a miscarriage or
abortion when the procedure is performed by a physician licensed
to practice medicine in North Carolina in a hospital licensed by
the Department of Health and Human Services, if there is
substantial risk that continuance of the pregnancy would threaten
the life or gravely impair the health of the woman.
(c) The Department of Health and Human Services shall
prescribe and collect on an annual basis, from hospitals or
clinics where abortions are performed, such representative
samplings of statistical summary reports concerning the medical
and demographic characteristics of the abortions provided for in
this section as it shall deem to be in the public interest.
Hospitals or clinics where abortions are performed shall be
responsible for providing these statistical summary reports to
the Department of Health and Human Services. The reports shall be
for statistical purposes only and the confidentiality of the
patient relationship shall be protected.
(d) The requirements of G.S. 130-43 are not applicable to
abortions performed pursuant to this section.
(e) Nothing in this section shall require a physician
licensed to practice medicine in North Carolina or any nurse who
shall state an objection to abortion on moral, ethical, or
religious grounds, to perform or participate in medical
procedures which result in an abortion. The refusal of such
physician to perform or participate in these medical procedures
shall not be a basis for damages for such refusal, or for any
disciplinary or any other recriminatory action against such
physician.
(f) Nothing in this section shall require a hospital or
other health care institution to perform an abortion or to
provide abortion services. (1967, c. 367, s. 2; 1971, c. 383, ss.
1, 11/2; 1973, c. 139; c. 476, s. 128; c. 711; 1997-443, s.
11A.118(a).)
§ 14-46. Concealing birth of child.
If any person shall, by secretly burying or otherwise
disposing of the dead body of a newborn child, endeavor to
conceal the birth of such child, such person shall be punished as
a Class I felon. Any person aiding, counseling or abetting any
other person in concealing the birth of a child in violation of
this statute shall be guilty of a Class 1 misdemeanor. (21 Jac.
I, c. 27; 43 Geo. III, c. 58, s. 3; 9 Geo. IV, c. 31, s. 14;
1818, c. 985, P.R.; R.C., c. 34, s. 28; 1883, c. 390; Code, s.
1004; Rev., s. 3623; C.S., s. 4228; 1977, c. 577; 1979, c. 760,
s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179,
s. 14; 1993, c. 539, ss. 24, 1148; 1994, Ex. Sess., c. 24, s.
14(c).)
ARTICLE 12.
Libel and Slander.
§ 14-47. Communicating libelous matter to
newspapers.
If any person shall state, deliver or transmit by any means
whatever, to the manager, editor, publisher or reporter of any
newspaper or periodical for publication therein any false and
libelous statement concerning any person or corporation, and
thereby secure the publication of the same, he shall be guilty of
a Class 2 misdemeanor. (1901, c. 557, ss. 2, 3; Rev., s. 3635;
C.S., s. 4229; 1969, c. 1224, s. 1; 1993, c. 539, s. 25; 1994,
Ex. Sess., c. 24, s. 14(c).)
§14-48. Repealed by Session Laws 1975, c. 402.
ARTICLE 13.
Malicious Injury or Damage by Use of Explosive or Incendiary
Device or Material.
§ 14-49. Malicious use of explosive or
incendiary; punishment.
(a) Any person who willfully and maliciously injures
another by the use of any explosive or incendiary device or
material is guilty of a Class D felony.
(b) Any person who willfully and maliciously damages any
real or personal property of any kind or nature belonging to
another by the use of any explosive or incendiary device or
material is guilty of a Class G felony.
(b1) Any person who willfully and maliciously damages,
aids, counsels, or procures the damaging of any church, chapel,
synagogue, mosque, masjid, or other building of worship by the
use of any explosive or incendiary device or material is guilty
of a Class E felony.
(c) Repealed by Session Laws 1993, c. 539, s. 1149. (1923,
c. 80, s. 1; C.S., s. 4231(a); 1951, c. 1126, s. 1; 1969, c. 869,
s. 6; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981,
c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1149; 1994, Ex.
Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996), c. 751, s. 1.)
§ 14-49.1. Malicious damage of occupied
property by use of explosive or incendiary; punishment.
Any person who willfully and maliciously damages any real or
personal property of any kind or nature, being at the time
occupied by another, by the use of any explosive or incendiary
device or material is guilty of a felony punishable as a Class D
felony. (1967, c. 342; 1969, c. 869, s. 6; 1979, c. 760, s. 5;
1979, 2nd. Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1993, c. 539, s. 1150; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-50: Repealed by Session Laws 1994, Ex. Sess.,
c. 14, s. 71(4).
§14-50.1. Explosive or incendiary device or material
defined.
As used in this Article, "explosive or incendiary device or
material" means nitroglycerine, dynamite, gunpowder, other high
explosive, incendiary bomb or grenade, other destructive
incendiary device, or any other destructive incendiary or
explosive device, compound, or formulation; any instrument or
substance capable of being used for destructive explosive or
incendiary purposes against persons or property, when the
circumstances indicate some probability that such instrument or
substance will be so used; or any explosive or incendiary part or
ingredient in any instrument or substance included above, when
the circumstances indicate some probability that such part or
ingredient will be so used. (1969, c. 869, s. 6.)
SUB-CHAPTER IV. OFFENSES AGAINST THE HABITATION AND OTHER
BUILDINGS.
ARTICLE 14.
Burglary and Other Housebreakings.
§14-51. First and second degree burglary.
There shall be two degrees in the crime of burglary as
defined at the common law. If the crime be committed in a
dwelling house, or in a room used as a sleeping apartment in any
building, and any person is in the actual occupation of any part
of said dwelling house or sleeping apartment at the time of the
commission of such crime, it shall be burglary in the first
degree. If such crime be committed in a dwelling house or
sleeping apartment not actually occupied by anyone at the time of
the commission of the crime, or if it be committed in any house
within the curtilage of a dwelling house or in any building not a
dwelling house, but in which is a room used as a sleeping
apartment and not actually occupied as such at the time of the
commission of the crime, it shall be burglary in the second
degree. For the purposes of defining the crime of burglary,
larceny shall be deemed a felony without regard to the value of
the property in question. (1889, c. 434, s. 1; Rev., s. 3331;
C.S., s. 4232; 1969, c. 543, s. 1.)
§ 14-51.1. Use of deadly physical force against an
intruder.
(a) A lawful occupant within a home or other place of
residence is justified in using any degree of force that the
occupant reasonably believes is necessary, including deadly
force, against an intruder to prevent a forcible entry into the
home or residence or to terminate the intruder's unlawful entry
(i) if the occupant reasonably apprehends that the intruder may
kill or inflict serious bodily harm to the occupant or others in
the home or residence, or (ii) if the occupant reasonably
believes that the intruder intends to commit a felony in the home
or residence.
(b) A lawful occupant within a home or other place of
residence does not have a duty to retreat from an intruder in the
circumstances described in this section.
(c) This section is not intended to repeal, expand, or
limit any other defense that may exist under the common law.
(1993 (Reg. Sess., 1994), c. 673, s. 1.)
§ 14-52. Punishment for burglary.
Burglary in the first degree shall be punishable as a Class
D felony, and burglary in the second degree shall be punishable
as a Class G felony. (1870-1, c. 222; Code, s. 994; 1889, c. 434,
s. 2; Rev., s. 3330; C.S., s. 4233; 1941, c. 215, s. 1; 1949, c.
299, s. 2; 1973, c. 1201, s. 3; 1977, c. 871, s. 2; 1979, c. 672;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 1151; 1994, Ex. Sess., c.
24, s. 14(c).)
§14-53. Breaking out of dwelling house burglary.
If any person shall enter the dwelling house of another with
intent to commit any felony or larceny therein, or being in such
dwelling house, shall commit any felony or larceny therein, and
shall, in either case, break out of such dwelling house in the
nighttime, such person shall be punished as a Class D felon. (12
Anne, c. 7, s. 3; R.C., c. 34, s. 8; Code, s. 995; Rev., s. 3332;
C.S., s. 4234; 1969, c. 543, s. 2; 1979, c. 760, s. 5.)
§ 14-54. Breaking or entering buildings
generally.
(a) Any person who breaks or enters any building with
intent to commit any felony or larceny therein shall be punished
as a Class H felon.
(b) Any person who wrongfully breaks or enters any building
is guilty of a Class 1 misdemeanor.
(c) As used in this section, "building" shall be construed
to include any dwelling, dwelling house, uninhabited house,
building under construction, building within the curtilage of a
dwelling house, and any other structure designed to house or
secure within it any activity or property. (1874-5, c. 166; 1879,
c. 323; Code, s. 996; Rev., s. 3333; C.S., s. 4235; 1955, c.
1015; 1969, c. 543, s. 3; 1979, c. 760, s. 5; 1979, 2nd Sess., c.
1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s.
26; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-55. Preparation to commit burglary or
other housebreakings.
If any person shall be found armed with any dangerous or
offensive weapon, with the intent to break or enter a dwelling,
or other building whatsoever, and to commit any felony or larceny
therein; or shall be found having in his possession, without
lawful excuse, any picklock, key, bit, or other implement of
housebreaking; or shall be found in any such building, with
intent to commit any felony or larceny therein, such person shall
be punished as a Class I felon. (Code, s. 997; Rev., s. 3334;
1907, c. 822; C.S., s. 4236; 1969, c. 543, s. 4; 1979, c. 760, s.
5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1993, c. 539, s. 1152; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-56. Breaking or entering into or breaking out of railroad
cars, motor vehicles, trailers, aircraft, boats, or other
watercraft.
If any person, with intent to commit any felony or larceny
therein, breaks or enters any railroad car, motor vehicle,
trailer, aircraft, boat, or other watercraft of any kind,
containing any goods, wares, freight, or other thing of value,
or, after having committed any felony or larceny therein, breaks
out of any railroad car, motor vehicle, trailer, aircraft, boat,
or other watercraft of any kind containing any goods, wares,
freight, or other thing of value, that person is guilty of a
Class I felony. It is prima facie evidence that a person entered
in violation of this section if he is found unlawfully in such a
railroad car, motor vehicle, trailer, aircraft, boat, or other
watercraft. (1907, c. 468; C.S., s. 4237; 1969, c. 543, s. 5;
1979, c. 437; c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 10.)
§ 14-56.1. Breaking into or forcibly opening
coin- or currency-operated machines.
Any person who forcibly breaks into, or by the unauthorized
use of a key or other instrument opens, any coin- or
currency-operated machine with intent to steal any property or
moneys therein shall be guilty of a Class 1 misdemeanor, but if
such person has previously been convicted of violating this
section, such person shall be punished as a Class I felon. The
term "coin- or currency-operated machine" shall mean any coin- or
currency-operated vending machine, pay telephone, telephone coin
or currency receptacle, or other coin- or currency-activated
machine or device.
There shall be posted on the machines referred to in G.S.
14-56.1 a decal stating that it is a crime to break into vending
machines, and that a second offense is a felony. The absence of
such a decal is not a defense to a prosecution for the crime
described in this section. (1963, c. 814, s. 1; 1977, c. 723, ss.
1, 3; 1979, c. 760, s. 5; c. 767, s. 1; 1993, c. 539, ss. 27,
1153; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-56.2. Damaging or destroying coin- or
currency-operated machines.
Any person who shall willfully and maliciously damage or
destroy any coin- or currency-operated machine shall be guilty of
a Class 1 misdemeanor. The term "coin- or currency-operated
machine" shall be defined as set out in G.S. 14-56.1. (1963, c.
814, s. 2; 1977, c. 723, s. 2; 1993, c. 539, s. 28; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-56.3. Breaking into paper currency
machines.
Any person, who with intent to steal any moneys therein
forcibly breaks into any vending or dispensing machine or device
which is operated or activated by the use, deposit or insertion
of United States paper currency, shall be guilty of a Class 1
misdemeanor, but if such person has previously been convicted of
violating this section, such person shall be punished as a Class
I felon.
There shall be posted on the machines referred to in this
section a decal stating that it is a crime to break into paper
currency machines. The absence of such a decal is not a defense
to a prosecution for the crime described in this section. (1977,
c. 853, ss. 1, 2; 1979, c. 760, s. 5; c. 767, s. 2; 1993, c. 539,
ss. 29, 1154; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-57. Burglary with explosives.
Any person who, with intent to commit any felony or larceny
therein, breaks and enters, either by day or by night, any
building, whether inhabited or not, and opens or attempts to open
any vault, safe, or other secure place by use of nitroglycerine,
dynamite, gunpowder, or any other explosive, or acetylene torch,
shall be deemed guilty of burglary with explosives. Any person
convicted under this section shall be punished as a Class D
felon. (1921, c. 5; C.S., s. 4237(a); 1969, c. 543, s. 6; 1979,
c. 760, s. 5; 1993, c. 539, s. 1155; 1994, Ex. Sess., c. 24, s.
14(c).)
ARTICLE 15.
Arson and Other Burnings.
§ 14-58. Punishment for arson.
There shall be two degrees of arson as defined at the common
law. If the dwelling burned was occupied at the time of the
burning, the offense is arson in the first degree and is
punishable as a Class D felony. If the dwelling burned was
unoccupied at the time of the burning, the offense is arson in
the second degree and is punishable as a Class G felony. (R.C.,
c. 34, s. 2; 1870-1, c. 222; Code, s. 985; Rev., s. 3335; C.S.,
s. 4238; 1941, c. 215, s. 2; 1949, c. 299, s. 3; 1973, c. 1201,
s. 4; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981,
c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1156; 1994, Ex.
Sess., c. 24, s. 14(c).)
§14-58.1. Definition of "house" and "building."
As used in this Article, the terms "house" and "building"
shall be defined to include mobile and manufactured-type housing
and recreational trailers. (1973, c. 1374.)
§14-58.2. Burning of mobile home, manufactured-type house or
recreational trailer home.
If any person shall willfully and maliciously burn any
mobile home or manufactured-type house or recreational trailer
home which is the dwelling house of another and which is occupied
at the time of the burning, the same shall constitute the crime
of arson in the first degree. (1973, c. 1374; 1979, c. 760, s.
5.)
§ 14-59. Burning of certain public
buildings.
If any person shall wantonly and willfully set fire to or
burn or cause to be burned or aid, counsel or procure the burning
of, the State Capitol, the Legislative Building, the Justice
Building or any building owned or occupied by the State or any of
its agencies, institutions or subdivisions or by any county,
incorporated city or town or other governmental or
quasi-governmental entity, he shall be punished as a Class F
felon. (1830, c. 41, s. 1; R.C., c. 34, s. 7; 1868-9, c. 167, s.
5; Code, s. 985, subsec. 3; Rev., s. 3344; C.S., s. 4239; 1965,
c. 14; 1971, c. 816, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess.,
c. 1316, s. 47; 1981, c. 63, s.1, c. 179, s. 14; 1993, c. 539, s.
1157; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-60. Burning of schoolhouses or buildings
of educational institutions.
If any person shall wantonly and willfully set fire to or
burn or cause to be burned or aid, counsel or procure the burning
of, any schoolhouse or building owned, leased or used by any
public or private school, college or educational institution, he
shall be punished as a Class F felon. (1901, c. 4, s. 28; Rev.,
s. 3345; 1919, c. 70; C.S., s. 4240; 1965, c. 870; 1971, c. 816,
s. 2; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981,
c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1158; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-61. Burning of certain bridges and
buildings.
If any person shall wantonly and willfully set fire to or
burn or cause to be burned, or aid, counsel or procure the
burning of, any public bridge, or private toll bridge, or the
bridge of any incorporated company, or any fire-engine house or
rescue-squad building, or any house belonging to an incorporated
company or unincorporated association and used in the business of
such company or association, he shall be punished as a Class F
felon. (1825, c. 1278, P.R.; R.C., c. 34, s. 30; Code, s. 985,
subsec. 4; Rev., s. 3337; C.S., s. 4241; 1971, c. 816, s. 3;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 1159; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-62. Burning of certain buildings.
If any person shall wantonly and willfully set fire to or
burn or cause to be burned, or aid, counsel or procure the
burning of, any uninhabited house, or any stable, coach house,
outhouse, warehouse, office, shop, mill, barn or granary, or any
building, structure or erection used or intended to be used in
carrying on any trade or manufacture, or any branch thereof,
whether the same or any of them respectively shall then be in the
possession of the offender, or in the possession of any other
person, he shall be punished as a Class F felon. (1874-5, c. 228;
Code, s. 985, subsec. 6; 1885, c. 66; 1903, c. 665, s. 2; Rev.,
s. 3338; C.S., s. 4242; 1927, c. 11, s. 1; 1953, c. 815; 1959, c.
1298, s. 1; 1971, c. 816, s. 4; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c.
539, s. 1160; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess.,
1996), c. 751, s. 2.)
§ 14-62.1. Burning of building or structure in
process of construction.
If any person shall wantonly and willfully set fire to or
burn or cause to be burned, or aid, counsel or procure the
burning of, any building or structure in the process of
construction for use or intended to be used as a dwelling house
or in carrying on any trade or manufacture, or otherwise, whether
the same or any of them respectively shall then be in the
possession of the offender, or in the possession of any other
person, he shall be punished as a Class H felon. (1957, c. 792;
1971, c. 816, s. 5; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316,
s. 47, 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1161;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-62.2. Burning of churches and certain
other religious buildings.
If any person shall wantonly and willfully set fire to or
burn or cause to be burned, or aid, counsel or procure the
burning of any church, chapel, or meetinghouse, the person shall
be punished as a Class E felon. (1995 (Reg. Sess., 1996), c. 751,
s. 3.)
§14-63. Burning of boats and barges.
If any person shall wantonly and willfully set fire to or
burn or cause to be burned or aid, counsel or procure the burning
of, any boat, barge, ferry or float, without the consent of the
owner thereof, he shall be punished as a Class H felon. In the
event the consent of the owner is given for an unlawful or
fraudulent purpose, however, the penalty provisions of this
section shall remain in full force and effect. (1909, c. 854;
C.S., s. 4243; 1971, c. 816, s. 6; 1979, c. 760, s. 5.)
§14-64. Burning of ginhouses and tobacco houses.
If any person shall wantonly and willfully set fire to or
burn or cause to be burned, or aid, counsel or procure the
burning of, any ginhouse or tobacco house, or any part thereof,
he shall be punished as a Class H felon. (1863, c. 17; 1868-9, c.
167, s. 5; Code, s. 985, subsec. 2; 1903, c. 665, s. 1; Rev., s.
3341; C.S., s. 4244; 1971, c. 816, s. 7; 1979, c. 760, s. 5.)
§14-65. Fraudulently setting fire to dwelling houses.
If any person, being the occupant of any building used as a
dwelling house, whether such person be the owner thereof or not,
or, being the owner of any building designed or intended as a
dwelling house, shall wantonly and willfully or for a fraudulent
purpose set fire to or burn or cause to be burned, or aid,
counsel or procure the burning of such building, he shall be
punished as a Class H felon. (Code, s. 985; 1903, c. 665, s. 3;
Rev., s. 3340; 1909, c. 862; C.S., s. 4245; 1927, c. 11, s. 2;
1971, c. 816, s. 8; 1979, c. 760, s. 5.)
§14-66. Burning of personal property.
If any person shall wantonly and willfully set fire to or
burn, or cause to be burned, or aid, counsel or procure the
burning of, any goods, wares, merchandise or other chattels or
personal property of any kind, whether or not the same shall at
the time be insured by any person or corporation against loss or
damage by fire, with intent to injure or prejudice the insurer,
the creditor or the person owning the property, or any other
person, whether the property is that of such person or another,
he shall be punished as a Class H felon. (1921, c. 119; C.S., s.
4245(a); 1971, c. 816, s. 9; 1979, c. 760, s. 5.)
§ 14-67: Repealed by Session Laws 1993, c. 539, s.
1358.2.
§ 14-67.1. Burning other buildings.
If any person shall wantonly and willfully set fire to or
burn or cause to be burned or aid, counsel or procure the burning
of any building or other structure of any type not otherwise
covered by the provisions of this Article, he shall be punished
as a Class H felon. (1971, c. 816, s. 11; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1993, c. 539, s. 1192.1; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-68. Failure of owner of property to comply
with orders of public authorities.
If the owner or occupant of any building or premises shall
fail to comply with the duly authorized orders of the chief of
the fire department, or of the Commissioner of Insurance, or of
any municipal or county inspector of buildings or of particular
features, facilities, or installations of buildings, he shall be
guilty of a Class 3 misdemeanor, and punished only by a fine of
not less than ten ($10.00) nor more than fifty dollars ($50.00)
for each day's neglect, failure, or refusal to obey such orders.
(1899, c. 58, s. 4; Rev., s. 3343; C.S., s. 4247; 1969, c. 1063,
s. 1; 1993, c. 539, s. 30; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-69. Failure of officers to investigate
incendiary fires.
If any town or city officer shall fail, neglect or refuse to
comply with any of the requirements of the law in regard to the
investigation of incendiary fires, he shall be guilty of a Class
3 misdemeanor and shall only be punished by a fine not less than
twenty-five ($25.00) nor more than two hundred dollars ($200.00).
(1899, c. 58, s. 5; Rev., s. 3342; C.S., s. 4248; 1993, c. 539,
s. 31; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-69.1. Making a false report concerning destructive
device.
(a) Except as provided in subsection (c) of this section,
any person who, by any means of communication to any person or
group of persons, makes a report, knowing or having reason to
know the report is false, that there is located in any building,
house or other structure whatsoever or any vehicle, aircraft,
vessel or boat any device designed to destroy or damage the
building, house or structure or vehicle, aircraft, vessel or boat
by explosion, blasting or burning, is guilty of a Class H felony.
(b) Repealed by S.L. 1997-443, s. 19.25(cc).
(c) Any person who, by any means of communication to any
person or groups of persons, makes a report, knowing or having
reason to know the report is false, that there is located in any
public building any device designed to destroy or damage the
public building by explosion, blasting, or burning, is guilty of
a Class H felony. Any person who receives a second conviction for
a violation of this subsection within five years of the first
conviction for violation of this subsection is guilty of a Class
G felony. For purposes of this subsection, "public building"
means educational property as defined in G.S. 14-269.2(a)(1), a
hospital as defined in G.S. 131E-76(3), a building housing only
State, federal, or local government offices, or the offices of
State, federal, or local government located in a building that is
not exclusively occupied by the State, federal, or local
government.
(d) The court may order a person convicted under this
section to pay restitution, including costs and consequential
damages resulting from the disruption of the normal activity that
would have otherwise occurred on the premises but for the false
report, pursuant to Article 81C of Chapter 15A of the General
Statutes.
(e) For purposes of this section, the term "report" shall
include making accessible to another person by computer. (1959,
c. 555, s. 1; 1991, c. 648, s. 1; 1993, c. 539, ss. 32, 116;
1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(cc); 1999-
257, s. 1.)
§ 14-69.2. Perpetrating hoax by use of false bomb or
other device.
(a) Except as provided in subsection (c) of this section,
any person who, with intent to perpetrate a hoax, conceals,
places, or displays 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 is guilty of a Class H felony.
(b) Repealed by S.L. 1997-443, s. 19.25(dd).
(c) Any 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 is guilty
of a Class H felony. Any person who receives a second conviction
for a violation of this subsection within five years of the first
conviction for violation of this subsection is guilty of a Class
G felony. For purposes of this subsection "public building" means
educational property as defined in G.S. 14-269.2(a)(1), a
hospital as defined in G.S. 131E-76(3), a building housing only
State, federal, or local government offices, or the offices of
State, federal, or local government located in a building that is
not exclusively occupied by the State, federal, or local
government.
(d) The court may order a person convicted under this
section to pay restitution, including costs and consequential
damages resulting from the disruption of the normal activity that
would have otherwise occurred on the premises but for the hoax,
pursuant to Article 81C of Chapter 15A of the General Statutes.
(1959, c. 555, s. 1; 1991, c. 648, s. 2; 1993, c. 539, s. 33;
1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(dd); 1999-
257, s. 2.)
SUBCHAPTER V. OFFENSES AGAINST PROPERTY.
ARTICLE 16.
Larceny.
§ 14-70. Distinctions between grand and petit
larceny abolished; punishment; accessories to larceny.
All distinctions between petit and grand larceny are
abolished. Unless otherwise provided by statute, larceny is a
Class H felony and is subject to the same rules of criminal
procedure and principles of law as to accessories before and
after the fact as other felonies. (R.C., c. 34, s. 26; Code, s.
1075; Rev., s. 3500; C.S., s. 4249; 1969, c. 522, s. 1; 1993, c.
539, s. 1163; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-71. Receiving stolen goods.
If any person shall receive any chattel, property, money,
valuable security or other thing whatsoever, the stealing or
taking whereof amounts to larceny or a felony, either at common
law or by virtue of any statute made or hereafter to be made,
such person knowing or having reasonable grounds to believe the
same to have been feloniously stolen or taken, he shall be guilty
of a Class H felony, and may be indicted and convicted, whether
the felon stealing and taking such chattels, property, money,
valuable security or other thing, shall or shall not have been
previously convicted, or shall or shall not be amenable to
justice; and any such receiver may be dealt with, indicted, tried
and punished in any county in which he shall have, or shall have
had, any such property in his possession or in any county in
which the thief may be tried, in the same manner as such receiver
may be dealt with, indicted, tried and punished in the county
where he actually received such chattel, money, security, or
other thing; and such receiver shall be punished as one convicted
of larceny. (1797, c. 485, s. 2; R.C., c. 34, s. 56; Code, s.
1074; Rev., s. 3507; C.S., s. 4250; 1949, c. 145, s. 1; 1975, c.
163, s. 1; 1993, c. 539, s. 1164; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-71.1. Possessing stolen goods.
If any person shall possess any chattel, property, money,
valuable security or other thing whatsoever, the stealing or
taking whereof amounts to larceny or a felony, either at common
law or by virtue of any statute made or hereafter to be made,
such person knowing or having reasonable grounds to believe the
same to have been feloniously stolen or taken, he shall be guilty
of a Class H felony, and may be indicted and convicted, whether
the felon stealing and taking such chattels, property, money,
valuable security or other thing shall or shall not have been
previously convicted, or shall or shall not be amenable to
justice; and any such possessor may be dealt with, indicted,
tried and punished in any county in which he shall have, or shall
have had, any such property in his possession or in any county in
which the thief may be tried, in the same manner as such
possessor may be dealt with, indicted, tried and punished in the
county where he actually possessed such chattel, money, security,
or other thing; and such possessor shall be punished as one
convicted of larceny. (1977, c. 978, s. 1; 1993, c. 539, s. 1165;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-72. Larceny of property; receiving stolen
goods or possessing stolen goods.
(a) Larceny of goods of the value of more than one thousand
dollars ($1,000) is a Class H felony. The receiving or possessing
of stolen goods of the value of more than one thousand dollars
($1,000) while knowing or having reasonable grounds to believe
that the goods are stolen is a Class H felony. Larceny as
provided in subsection (b) of this section is a Class H felony.
Receiving or possession of stolen goods as provided in subsection
(c) of this section is a Class H felony. Except as provided in
subsections (b) and (c) of this section, larceny of property, or
the receiving or possession of stolen goods knowing or having
reasonable grounds to believe them to be stolen, where the value
of the property or goods is not more than one thousand dollars
($1,000), is a Class 1 misdemeanor. In all cases of doubt, the
jury shall, in the verdict, fix the value of the property stolen.
(b) The crime of larceny is a felony, without regard to the
value of the property in question, if the larceny is:
(1) From the person; or
(2) Committed pursuant to a violation of G.S. 14-
51, 14-53, 14-54 or 14-57; or
(3) Of any explosive or incendiary device or
substance. As used in this section, the phrase "explosive or
incendiary device or substance" shall include any explosive or
incendiary grenade or bomb; any dynamite, blasting powder,
nitroglycerin, TNT, or other high explosive; or any device,
ingredient for such device, or type or quantity of substance
primarily useful for large-scale destruction of property by
explosive or incendiary action or lethal injury to persons by
explosive or incendiary action. This definition shall not include
fireworks; or any form, type, or quantity of gasoline, butane
gas, natural gas, or any other substance having explosive or
incendiary properties but serving a legitimate nondestructive or
nonlethal use in the form, type, or quantity stolen.
(4) Of any firearm. As used in this section, the
term "firearm" shall include any instrument used in the
propulsion of a shot, shell or bullet by the action of gunpowder
or any other explosive substance within it. A "firearm," which at
the time of theft is not capable of being fired, shall be
included within this definition if it can be made to work. This
definition shall not include air rifles or air pistols.
(5) Of any record or paper in the custody of the
North Carolina State Archives as defined by G.S. 121-2(7) and 121-
2(8).
(c) The crime of possessing stolen goods knowing or having
reasonable grounds to believe them to be stolen in the
circumstances described in subsection (b) is a felony or the
crime of receiving stolen goods knowing or having reasonable
grounds to believe them to be stolen in the circumstances
described in subsection (b) is a felony, without regard to the
value of the property in question.
(d) Where the larceny or receiving or possession of stolen
goods as described in subsection (a) of this section involves the
merchandise of any store, a merchant, a merchant's agent, a
merchant's employee, or a peace officer who detains or causes the
arrest of any person shall not be held civilly liable for
detention, malicious prosecution, false imprisonment, or false
arrest of the person detained or arrested, when such detention is
upon the premises of the store or in a reasonable proximity
thereto, is in a reasonable manner for a reasonable length of
time, and, if in detaining or in causing the arrest of such
person, the merchant, the merchant's agent, the merchant's
employee, or the peace officer had, at the time of the detention
or arrest, probable cause to believe that the person committed an
offense under subsection (a) of this section. If the person being
detained by the merchant, the merchant's agent, or the merchant's
employee, is a minor under the age of 18 years, the merchant, the
merchant's agent, or the merchant's employee, shall call or
notify, or make a reasonable effort to call or notify the parent
or guardian of the minor, during the period of detention. A
merchant, a merchant's agent, or a merchant's employee, who makes
a reasonable effort to call or notify the parent or guardian of
the minor shall not be held civilly liable for failing to notify
the parent or guardian of the minor. (1895, c. 285; Rev., s.
3506; 1913, c. 118, s. 1; C.S., s. 4251; 1941, c. 178, s. 1;
1949, c. 145, s. 2; 1959, c. 1285; 1961, c. 39, s. 1; 1965, c.
621, s. 5; 1969, c. 522, s. 2; 1973, c. 238, ss. 1, 2; 1975, c.
163, s. 2; c. 696, s. 4; 1977, c. 978, ss. 2, 3; 1979, c. 408, s.
1; c. 760, s. 5; 1979, 2nd Sess., c. 1316, ss. 11, 47; 1981, c.
63, s. 1; c. 179, s. 14; 1991, c. 523, s. 2; 1993, c. 539, s. 34;
1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 185, s. 2.)
§ 14-72.1. Concealment of merchandise in
mercantile establishments.
(a) Whoever, without authority, willfully conceals the
goods or merchandise of any store, not theretofore purchased by
such person, while still upon the premises of such store, shall
be guilty of a misdemeanor and, upon conviction, shall be
punished as provided in subsection (e). Such goods or merchandise
found concealed upon or about the person and which have not
theretofore been purchased by such person shall be prima facie
evidence of a willful concealment.
(b) Repealed by Session Laws 1985 (Regular Session, 1986),
c. 841, s 2.
(c) A merchant, or the merchant's agent or employee, or a
peace officer who detains or causes the arrest of any person
shall not be held civilly liable for detention, malicious
prosecution, false imprisonment, or false arrest of the person
detained or arrested, where such detention is upon the premises
of the store or in a reasonable proximity thereto, is in a
reasonable manner for a reasonable length of time, and, if in
detaining or in causing the arrest of such person, the merchant,
or the merchant's agent or employee, or the peace officer had at
the time of the detention or arrest probable cause to believe
that the person committed the offense created by this section. If
the person being detained by the merchant, or the merchant's
agent or employee, is a minor under the age of 18 years, the
merchant or the merchant's agent or employee, shall call or
notify, or make a reasonable effort to call or notify the parent
or guardian of the minor, during the period of detention. A
merchant, or the merchant's agent or employee, who makes a
reasonable effort to call or notify the parent or guardian of the
minor shall not be held civilly liable for failing to notify the
parent or guardian of the minor.
(d) Whoever, without authority, willfully transfers any
price tag from goods or merchandise to other goods or merchandise
having a higher selling price or marks said goods at a lower
price or substitutes or superimposes thereon a false price tag
and then presents said goods or merchandise for purchase shall be
guilty of a misdemeanor and, upon conviction, shall be punished
as provided in subsection (e).
Nothing herein shall be construed to provide that the mere
possession of goods or the production by shoppers of improperly
priced merchandise for checkout shall constitute prima facie
evidence of guilt.
(d1) Notwithstanding subsection (e) of this section, any
person who violates subsection (a) of this section by using a
lead-lined or aluminum-lined bag, a lead-lined or aluminum-lined
article of clothing, or a similar device to prevent the
activation of any antishoplifting or inventory control device is
guilty of a Class H felony.
(e) Punishment. -- For a first conviction under subsection
(a) or (d), or for a subsequent conviction for which the
punishment is not specified by this subsection, the defendant
shall be guilty of a Class 3 misdemeanor. The term of
imprisonment may be suspended only on condition that the
defendant perform community service for a term of at least 24
hours. For a second offense committed within three years after
the date the defendant was convicted of an offense under this
section, the defendant shall be guilty of a Class 2 misdemeanor.
The term of imprisonment may be suspended only on condition that
the defendant be imprisoned for a term of at least 72 hours as a
condition of special probation, perform community service for a
term of at least 72 hours, or both. For a third or subsequent
offense committed within five years after the date the defendant
was convicted of two other offenses under this section, the
defendant shall be guilty of a Class 1 misdemeanor. The term of
imprisonment may be suspended only if a condition of special
probation is imposed to require the defendant to serve a term of
imprisonment of at least 11 days. However, if the sentencing
judge finds that the defendant is unable, by reason of mental or
physical infirmity, to perform the service required under this
section, and the reasons for such findings are set forth in the
judgment, the judge may pronounce such other sentence as the
judge finds appropriate.
(f) Community Service Period. -- If the judgment requires a
defendant sentenced under this section to perform a specified
number of hours of community service, the community service must
be completed within:
(1) 90 days, if the amount of community service
required is 72 hours or more;
(2) 60 days, if the amount of community service
required is at least 48 hours but less than 72 hours; and
(3) 30 days, if the amount of community service
required is at least 24 hours but less than 48 hours.
The court may extend these time limits upon motion of the
defendant if it finds that the defendant has made a good faith
effort to comply with the time limits specified in this
subsection. Failure to complete the community service requirement
within the applicable time limits is a violation of the
defendant's probation.
(g) Limitations. -- For active terms of imprisonment
imposed under this section:
(1) The judge may not give credit to the defendant
for the first 24 hours of time spent in incarceration pending
trial;
(2) The defendant must serve the mandatory minimum
period of imprisonment and good or gain time credit may not be
used to reduce that mandatory minimum period; and
(3) The defendant may not be released or paroled
unless he is otherwise eligible and has served the mandatory
minimum period of imprisonment. (1957, c. 301; 1971, c. 238;
1973, c. 457, ss. 1, 2; 1985 (Reg. Sess., 1986), c. 841, ss. 1-3;
1987, c. 660; 1993, c. 539, s. 35; 1994, Ex. Sess., c. 24, s.
14(c); c. 28, s. 1; 1995, c. 185, s. 3; c. 509, s. 9; 1997-80, s.
1; 1997-443, s. 19.25(ff).)
§ 14-72.2. Unauthorized use of a
motor-propelled conveyance.
(a) A person is guilty of an offense under this section if,
without the express or implied consent of the owner or person in
lawful possession, he takes or operates an aircraft, motorboat,
motor vehicle, or other motor-propelled conveyance of another.
(b) Unauthorized use of an aircraft is a Class H felony.
All other unauthorized use of a motor-propelled conveyance is a
Class 1 misdemeanor.
(c) Unauthorized use of a motor-propelled conveyance shall
be a lesser-included offense of unauthorized use of an aircraft.
(d) As used in this section, "owner" means any person with
a property interest in the motor-propelled conveyance. (1973, c.
1330, s. 38; 1977, c. 919; 1979, c. 760, s. 5; 1979, 2nd Sess.,
c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539,
ss. 36, 1166; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-72.3. Removal of shopping cart from
shopping premises.
(a) As used in this section:
(1) "Shopping cart" means the type of push cart
commonly provided by grocery stores, drugstores, and other retail
stores for customers to transport commodities within the store
and from the store to their motor vehicles outside the store.
(2) "Premises" includes the motor vehicle parking
area set aside for customers of the store.
(b) It is unlawful for any person to remove a shopping cart
from the premises of a store without the consent, given at the
time of the removal, of the store owner, manager, agent or
employee.
(c) Violation of this section is a Class 3 misdemeanor.
(1983, c. 705, s. 1; 1994, Ex. Sess., c. 14, s. 3.1.)
§ 14-72.4. Unauthorized taking or sale of labeled dairy milk
cases or milk crates bearing the name or label of owner.
(a) A person is guilty of the unauthorized taking or sale
of a dairy milk case or milk crate on or after January 1, 1990,
if he:
(1) Takes, buys, sells or disposes of any dairy
milk case or milk crate, bearing the name or label of the owner,
without the express or implied consent of the owner or his
designated agent; or
(2) Refuses upon demand of the owner or his
designated agent to return to the owner or his designated agent
any dairy milk case or milk crate, bearing the name or label of
the owner; or
(3) Defaces, obliterates, erases, covers up, or
otherwise removes or conceals any name, label, registered
trademark, insignia, or other business identification of an owner
of a dairy milk case or milk crate, for the purpose of destroying
or removing from the milk case or milk crate evidence of its
ownership.
(b) For purposes of this section dairy milk cases or milk
crates shall be deemed to bear a name or label of an owner when
there is imprinted or attached on the case or crate a name,
insignia, mark, business identification or label showing
ownership or sufficient information to ascertain ownership. For
purposes of this section, the term "dairy case" shall be defined
as a wire or plastic container which holds 16 quarts or more of
beverage and is used by distributors or retailers, or their
agents, as a means to transport, store, or carry dairy products.
(c) A violation of this section is a Class 2 misdemeanor.
(d) Nothing in this section shall preclude the prosecution
of any misdemeanor or felony offense that is applicable under any
other statute or common law. (1989, c. 303; 1994, Ex. Sess., c.
14, s. 3.2.)
§ 14-73. Jurisdiction of the superior courts in
cases of larceny and receiving stolen goods.
The superior courts shall have exclusive jurisdiction of the
trial of all cases of the larceny of property, or the receiving
of stolen goods knowing them to be stolen, of the value of more
than one thousand dollars ($1,000). (1913, c. 118, s. 2; C.S., s.
4252; 1941, c. 178, s. 2; 1949, c. 145, s. 3; 1961, c. 39, s. 2;
1979, c. 408, s. 2; 1991, c. 523, s. 3.)
§14-73.1. Petty misdemeanors.
The offenses of larceny and the receiving of stolen goods
knowing the same to have been stolen, which are made misdemeanors
by Article 16, Subchapter V, Chapter 14 of the General Statutes,
as amended, are hereby declared to be petty misdemeanors. (1949,
c. 145, s. 4; 1973, c. 108, s. 1.)
§ 14-74. Larceny by servants and other
employees.
If any servant or other employee, to whom any money, goods
or other chattels, or any of the articles, securities or choses
in action mentioned in G.S. 14-75, by his master shall be
delivered safely to be kept to the use of his master, shall
withdraw himself from his master and go away with such money,
goods or other chattels, or any of the articles, securities or
choses in action mentioned as aforesaid, or any part thereof,
with intent to steal the same and defraud his master thereof,
contrary to the trust and confidence in him reposed by his said
master; or if any servant, being in the service of his master,
without the assent of his master, shall embezzle such money,
goods or other chattels, or any of the articles, securities or
choses in action mentioned as aforesaid, or any part thereof, or
otherwise convert the same to his own use, with like purpose to
steal them, or to defraud his master thereof, the servant so
offending shall be guilty of a felony: Provided, that nothing
contained in this section shall extend to apprentices or servants
within the age of 16 years. If the value of the money, goods, or
other chattels, or any of the articles, securities, or choses in
action mentioned in G.S. 14-75, is one hundred thousand dollars
($100,000) or more, the person is guilty of a Class C felony. If
the value of the money, goods, or other chattels, or any of the
articles, securities, or choses in action mentioned in G.S. 14-
75, is less than one hundred thousand dollars ($100,000), the
person is guilty of a Class H felony. (21 Hen. VIII, c. 7, ss.
1, 2; R.C., c. 34, s. 18; Code, s. 1065; Rev., s. 3499; C.S., s.
4253; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981,
c. 63, s. 1; c. 179, s. 14; 1997-443, s. 19.25(c); 1998-217, s.
4(a).)
§ 14-75. Larceny of chose in action.
If any person shall feloniously steal, take and carry away,
or take by robbery, any bank note, check or other order for the
payment of money issued by or drawn on any bank or other society
or corporation within this State or within any of the United
States, or any treasury warrant, debenture, certificate of stock
or other public security, or certificate of stock in any
corporation, or any order, bill of exchange, bond, promissory
note or other obligation, either for the payment of money or for
the delivery of specific articles, being the property of any
other person, or of any corporation (notwithstanding any of the
said particulars may be termed in law a chose in action), that
person is guilty of a Class H felony. (1811, c. 814, s. 1; R.C.,
c. 34, s. 20; Code, s. 1064; Rev., s. 3498; C.S., s. 4254; 1945,
c. 635; 1993, c. 539, s. 1167; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-75.1. Larceny of secret technical processes.
Any person who steals property consisting of a sample,
culture, microorganism, specimen, record, recording, document,
drawing, or any other article, material, device, or substance
which constitutes, represents, evidences, reflects, or records a
secret scientific or technical process, invention, formula, or
any phase or part thereof shall be punished as a Class H felon. A
process, invention, or formula is "secret" when it is not, and is
not intended to be, available to anyone other than the owner
thereof or selected persons having access thereto for limited
purposes with his consent, and when it accords or may accord the
owner an advantage over competitors or other persons who do not
have knowledge or the benefit thereof. (1967, c. 1175; 1979, c.
760, s. 5.)
§ 14-76. Larceny, mutilation, or destruction of
public records and papers.
If any person shall steal, or for any fraudulent purpose
shall take from its place of deposit for the time being, or from
any person having the lawful custody thereof, or shall unlawfully
and maliciously obliterate, injure or destroy any record, writ,
return, panel, process, interrogatory, deposition, affidavit,
rule, order or warrant of attorney or any original document
whatsoever, of or belonging to any court of record, or relating
to any matter, civil or criminal, begun, pending or terminated in
any such court, or any bill, answer, interrogatory, deposition,
affidavit, order or decree or any original document whatsoever,
of or belonging to any court or relating to any cause or matter
begun, pending or terminated in any such court, every such
offender shall be guilty of a Class 1 misdemeanor; and in any
indictment for such offense it shall not be necessary to allege
that the article, in respect to which the offense is committed,
is the property of any person or that the same is of any value.
If any person shall steal or for any fraudulent purpose shall
take from the register's office, or from any person having the
lawful custody thereof, or shall unlawfully and willfully
obliterate, injure or destroy any book wherein deeds or other
instruments of writing are registered, or any other book of
registration or record required to be kept by the register of
deeds or shall unlawfully destroy, obliterate, deface or remove
any records of proceedings of the board of county commissioners,
or unlawfully and fraudulently abstract any record, receipt,
order or voucher or other paper writing required to be kept by
the clerk of the board of commissioners of any county, he shall
be guilty of a Class 1 misdemeanor. (8 Hen. VI, c. 12, s. 3;
R.C., c. 34, s. 31; 1881, c. 17; Code, s. 1071; Rev., s. 3508;
C.S., s. 4255; 1993, c. 539, s. 37; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-76.1. Mutilation or defacement of records
and papers in the North Carolina State Archives.
If any person shall willfully or maliciously obliterate,
injure, deface, or alter any record or paper in the custody of
the North Carolina State Archives as defined by G.S. 121-2(7) and
121-2(8), he shall be guilty of a Class 1 misdemeanor. The
provisions of this section do not apply to employees of the
Department of Cultural Resources who may destroy any accessioned
records or papers that are approved for destruction by the North
Carolina Historical Commission pursuant to the authority
contained in G.S. 121-4(12). (1975, c. 696, s. 3; 1993, c. 539,
s. 38; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-77. Larceny, concealment or destruction of
wills.
If any person, either during the life of the testator or
after his death, shall steal or, for any fraudulent purpose,
shall destroy or conceal any will, codicil or other testamentary
instrument, he shall be guilty of a Class 1 misdemeanor. (R.C.,
c. 34, s. 32; Code, s. 1072; Rev., s. 3510; C.S., s. 4256; 1993,
c. 539, s. 39; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-78. Larceny of ungathered crops.
If any person shall steal or feloniously take and carry away
any maize, corn, wheat, rice or other grain, or any cotton,
tobacco, potatoes, peanuts, pulse, fruit, vegetable or other
product cultivated for food or market, growing, standing or
remaining ungathered in any field or ground, that person is
guilty of a Class H felony. (1811, c. 816, P.R.; R.C., c. 34, s.
21; 1868-9, c. 251; Code, s. 1069; Rev., s. 3503; C.S., s. 4257;
1975, c. 697; 1993, c. 539, s. 1168; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-78.1: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(1).
§ 14-79. Larceny of ginseng.
If any person shall take and carry away, or shall aid in
taking or carrying away, any ginseng growing upon the lands of
another person, with intent to steal the same, he shall be
punished as a Class H felon. (1905, c. 211; Rev., s. 3502; C.S.,
s. 4258; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47;
1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1169; 1994,
Ex. Sess., c. 24, s. 14(c); 1999-107, s. 1.)
§ 14-79.1. Larceny of pine needles or pine
straw.
If any person shall take and carry away, or shall aid in
taking or carrying away, any pine needles or pine straw being
produced on the land of another person upon which land notices,
signs, or posters prohibiting the raking or removal of pine
needles or pine straw have been placed in accordance with the
provisions of G.S. 14-159.7, or upon which posted notices have
been placed in accordance with the provisions of G.S. 14-159.7,
with the intent to steal the pine needles or pine straw, that
person shall be guilty of a Class H felony. (1997-443, s.
19.25(aa).)
§ 14-80: Repealed by Session Laws 1994, Ex. Sess.,
c. 14, s. 72(2).
§ 14-81. Larceny of horses, mules, swine,
cattle, or dogs.
(a) Larceny of horses, mules, swine, or cattle is a Class H
felony.
(a1) Larceny of a dog is a Class I felony.
(b) In sentencing a person convicted of violating this
section, the judge shall, as a minimum punishment, place a person
on probation subject to the following conditions:
(1) A person must make restitution for the damage
or loss caused by the larceny of the livestock or dogs, and
(2) A person must pay a fine of not less than the
amount of the damages or loss caused by the larceny of the
livestock or dogs.
(c) No provision in this section shall limit the authority
of the judge to sentence the person convicted of violating this
section to an active sentence. (1866-7, c. 62; 1868, c. 37, s. 1;
1879, c. 234, s. 2; Code, s. 1066; Rev., s. 3505; 1917, c. 162,
s. 2; C.S., s. 4260; 1965, c. 621, s. 6; 1981, c. 664, s. 2;
1989, c. 773, s. 2; 1993, c. 539, s. 1171; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-82. Taking horses, mules, or dogs
for temporary purposes.
If any person shall unlawfully take and carry away any horse,
gelding, mare, mule, or dog, the property of another person,
secretly and against the will of the owner of such property, with
intent to deprive the owner of the special or temporary use of
the same, or with the intent to use such property for a special
or temporary purpose, the person so offending shall be guilty of
a Class 2 misdemeanor. (1879, c. 234, s. 1; Code, s. 1067; Rev.,
s. 3509; 1913, c. 11; C.S., s. 4261; 1969, c. 1224, s. 3; 1989,
c. 773, s. 3; 1994, Ex. Sess., c. 14, s. 3.3.)
§14-83. Repealed by Session Laws 1943, c. 543.
§14-84. Animals subject to larceny.
All common-law distinctions among animals with respect to
their being subject to larceny are abolished. Any animal that is
in a person's possession is the subject of larceny. (1919, c.
116, s. 9; C.S., s. 4263; 1955, c. 804; 1983, c. 35, s. 1.)
§ 14-85. Pursuing or injuring livestock with
intent to steal.
If any person shall pursue, kill or wound any horse, mule,
ass, jennet, cattle, hog, sheep or goat, the property of another,
with the intent unlawfully and feloniously to convert the same to
his own use, he shall be guilty of a Class H felony, and shall be
punishable, in all respects, as if convicted of larceny, though
such animal may not have come into the actual possession of the
person so offending. (1866, c. 57; Code, s. 1068; Rev., s. 3504;
C.S., s. 4264; 1993, c. 539, s. 1172; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-86: Repealed by Session Laws 1994, Ex. Sess.,
c. 14, s. 72(3).
§ 14-86.1. Seizure and forfeiture of
conveyances used in committing larceny and similar crimes.
(a) All conveyances, including vehicles, watercraft or
aircraft, used to unlawfully conceal, convey or transport
property in violation of G.S. 14-71, 14-71.1, or 20-106, or used
by any person in the commission of armed or common-law robbery,
or used by any person in the commission of any larceny when the
value of the property taken is more than two thousand dollars
($2,000) shall be subject to forfeiture as provided herein,
except that:
(1) No conveyance used by any person as a common
carrier in the transaction of the business of the common carrier
shall be forfeited under the provisions of this section unless it
shall appear that the owner or other person in custody or control
of such conveyance was a consenting party or privy to a violation
that may subject the conveyance to forfeiture under this section;
(2) No conveyance shall be forfeited under the
provisions of this section by reason of any act or omission
committed or omitted while such conveyance was unlawfully in the
possession of a person other than the owner in violation of the
criminal laws of the United States, or any state;
(3) No conveyance shall be forfeited pursuant to
this section unless the violation involved is a felony;
(4) A forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest of the
secured party who neither had knowledge of nor consented to the
act or omission;
(5) No conveyance shall be forfeited under the
provisions of this section unless the owner knew or had reason to
believe the vehicle was being used in the commission of any
violation that may subject the conveyance to forfeiture under
this section;
(6) The trial judge in the criminal proceeding
which may subject the conveyance to forfeiture may order the
seized conveyance returned to the owner if he finds forfeiture
inappropriate. If the conveyance is not returned to the owner
the procedures provided in subsection (e) shall apply.
(b) Any conveyance subject to forfeiture under this section
may be seized by any law-enforcement officer upon process issued
by any district or superior court having original jurisdiction
over the offense except that seizure without such process may be
made when:
(1) The seizure is incident to an arrest or subject
to a search under a search warrant; or
(2) The property subject to seizure has been the
subject of a prior judgment in favor of the State in a criminal
injunction or forfeiture proceeding under this section.
(c) The conveyance shall be deemed to be in custody of the
law-enforcement agency seizing it. The law-enforcement agency may
remove the property to a place designated by it or request that
the North Carolina Department of Justice or Department of Crime
Control and Public Safety take custody of the property and remove
it to an appropriate location for disposition in accordance with
law; provided, the conveyance shall be returned to the owner upon
execution by him of a good and valid bond, with sufficient
sureties, in a sum double the value of the property, which said
bond shall be approved by an officer of the agency seizing the
conveyance and shall be conditioned upon the return of said
property to the custody of said officer on the day of trial to
abide the judgment of the court.
(d) Whenever a conveyance is forfeited under this section,
the law-enforcement agency having custody of it may:
(1) Retain the conveyance for official use; or
(2) Transfer the conveyance which was forfeited
under the provisions of this section to the North Carolina
Department of Justice or to the North Carolina Department of
Crime Control and Public Safety when, in the discretion of the
presiding judge and upon application of the North Carolina
Department of Justice or the North Carolina Department of Crime
Control and Public Safety, said conveyance may be of official use
to the North Carolina Department of Justice or the North Carolina
Department of Crime Control and Public Safety; or
(3) Upon determination by the director of any
law-enforcement agency that a conveyance transferred pursuant to
the provisions of this section is of no further use to said
agency, such conveyance may be sold as surplus property in the
same manner as other conveyances owned by the law-enforcement
agency. The proceeds from such sale, after deducting the cost
thereof, shall be paid to the school fund of the county in which
said conveyance was seized. Any conveyance transferred to any
law-enforcement agency under the provisions of this section which
has been modified or especially equipped from its original
manufactured condition so as to increase its speed shall be used
in the performance of official duties only. Such conveyance
shall not be resold, transferred or disposed of other than as
junk unless the special equipment or modification has been
removed and destroyed, and the vehicle restored to its original
manufactured condition.
(e) All conveyances subject to forfeiture under the
provisions of this section shall be forfeited pursuant to the
procedures for forfeiture of conveyances used to conceal, convey,
or transport intoxicating beverages found in G.S. 18B-504.
Provided, nothing in this section or G.S. 18B-504 shall be
construed to require a conveyance to be sold when it can be used
in the performance of official duties of the law-enforcement
agency. (1979, c. 592; 1983, c. 74; c. 768, s. 2; 1991, c. 523,
s. 4.)
ARTICLE 17.
Robbery.
§ 14-87. Robbery with firearms or other
dangerous weapons.
(a) 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, shall be guilty of a Class D felony.
(b), (c) Repealed by Session Laws 1979, c. 760, s. 5.
(d) Repealed by Session Laws 1993, c. 539, s. 1173. (1929,
c. 187, s. 1; 1975, cc. 543, 846; 1977, c. 871, ss. 1, 6; 1979,
c. 760, s. 5; 1979, 2nd Sess., c. 1316, ss. 12, 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 1173; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-87.1. Punishment for common-law
robbery.
Robbery as defined at common law, other than robbery with a
firearm or other dangerous weapon as defined by G.S. 14-87, shall
be punishable as a Class G felony. (1979, c. 760, s. 5; 1993, c.
539, s. 1174; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-88. Train robbery.
If any person shall enter upon any locomotive engine or car
on any railroad in this State, and by threats, the exhibition of
deadly weapons or the discharge of any pistol or gun, in or near
any such engine or car, shall induce or compel any person on such
engine or car to submit and deliver up, or allow to be taken
therefrom, or from him, anything of value, he shall be guilty of
train robbery, and on conviction thereof shall be punished as a
Class D felon. (1895, c. 204, s. 2; Rev., s. 3765; C.S., s. 4266;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 1175; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-89: Repealed by Session Laws 1994, Ex. Sess.,
c. 14, s. 71(5).
§ 14-89.1. Safecracking.
(a) A person is guilty of safecracking if he unlawfully
opens, enters, or attempts to open or enter a safe or vault :
(1) By the use of explosives, drills, or tools; or
(2) Through the use of a stolen combination, key,
electronic device, or other fraudulently acquired implement or
means; or
(3) Through the use of a master key, duplicate key
or device made or obtained in an unauthorized manner, stethoscope
or other listening device, electronic device used for
unauthorized entry in a safe or vault, or other surreptitious
means; or
(4) By the use of any other safecracking implement
or means.
(b) A person is also guilty of safecracking if he
unlawfully removes from its premises a safe or vault for the
purpose of stealing, tampering with, or ascertaining its
contents.
(c) Safecracking shall be punishable as a Class I felony.
(1961, c. 653; 1973, c. 235, s. 1; 1977, c. 1106; 1979, c. 760,
s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179,
s. 14; 1993, c. 539, s. 1176; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-90. Embezzlement of property received by
virtue of office or employment.
If any person exercising a public trust or holding a public
office, or any guardian, administrator, executor, trustee, or any
receiver, or any other fiduciary, or any officer or agent of a
corporation, or any agent, consignee, clerk, bailee or servant,
except persons under the age of 16 years, of any person, shall
embezzle or fraudulently or knowingly and willfully misapply or
convert to his own use, or shall take, make away with or secrete,
with intent to embezzle or fraudulently or knowingly and
willfully misapply or convert to his own use any money, goods or
other chattels, bank note, check or order for the payment of
money issued by or drawn on any bank or other corporation, or any
treasury warrant, treasury note, bond or obligation for the
payment of money issued by the United States or by any state, or
any other valuable security whatsoever belonging to any other
person or corporation, unincorporated association or organization
which shall have come into his possession or under his care, he
shall be guilty of a felony. If the value of the property is one
hundred thousand dollars ($100,000) or more, the person is guilty
of a Class C felony. If the value of the property is less than
one hundred thousand dollars ($100,000), the person is guilty of
a Class H felony. (21 Hen. VII, c. 7; 1871-2, c. 145, s. 2; Code,
s. 1014; 1889, c. 226; 1891, c. 188; 1897, c. 31; Rev., s. 3406;
1919, c. 97, s. 25; C.S., s. 4268; 1931, c. 158; 1939, c. 1;
1941, c. 31; 1967, c. 819; 1979, c. 760, s. 5; 1979, 2nd Sess.,
c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1997-443, s.
19.25(d).)
§ 14-91. Embezzlement of State property by
public officers and employees.
If any officer, agent, or employee of the State, or other
person having or holding in trust for the same any bonds issued
by the State, or any security, or other property and effects of
the same, shall embezzle or knowingly and willfully misapply or
convert the same to his own use, or otherwise willfully or
corruptly abuse such trust, such offender and all persons
knowingly and willfully aiding and abetting or otherwise
assisting therein shall be guilty of a felony. If the value of
the property is one hundred thousand dollars ($100,000) or more,
a violation of this section is a Class C felony. If the value of
the property is less than one hundred thousand dollars
($100,000), a violation of this section is a Class F felony.
(1874-5, c. 52; Code, s. 1015; Rev., s. 3407; C.S., s. 4269;
1979, c. 716; c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47;
1981, c. 63, s. 1; c. 179, s. 14; 1997-443, s. 19.25(e).)
§ 14-92. Embezzlement of funds by public
officers and trustees.
If an officer, agent, or employee of an entity listed below,
or a person having or holding money or property in trust for one
of the listed entities, shall embezzle or otherwise willfully and
corruptly use or misapply the same for any purpose other than
that for which such moneys or property is held, such person shall
be guilty of a felony. If the value of the money or property is
one hundred thousand dollars ($100,000) or more, the person is
guilty of a Class C felony. If the value of the money or property
is less than one hundred thousand dollars ($100,000), the person
is guilty of a Class F felony. If any clerk of the superior court
or any sheriff, treasurer, register of deeds or other public
officer of any county, unit or agency of local government, or
local board of education shall embezzle or wrongfully convert to
his own use, or corruptly use, or shall misapply for any purpose
other than that for which the same are held, or shall fail to pay
over and deliver to the proper persons entitled to receive the
same when lawfully required so to do, any moneys, funds,
securities or other property which such officer shall have
received by virtue or color of his office in trust for any person
or corporation, such officer shall be guilty of a felony. If the
value of the money, funds, securities, or other property is one
hundred thousand dollars ($100,000) or more, the person is guilty
of a Class C felony. If the value of the money, funds,
securities, or other property is less than one hundred thousand
dollars ($100,000), the person is guilty of a Class F felony. The
provisions of this section shall apply to all persons who shall
go out of office and fail or neglect to account to or deliver
over to their successors in office or other persons lawfully
entitled to receive the same all such moneys, funds and
securities or property aforesaid. The following entities are
protected by this section: a county, a city or other unit or
agency of local government, a local board of education, and a
penal, charitable, religious, or educational institution. (1876-
7, c. 47; Code, s. 1016; 1891, c. 241; Rev., s. 3408; C.S., s.
4270; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981,
c. 63, s. 1; c. 179, s. 14; 1985, c. 509, s. 3; 1993, c. 539, s.
1177; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(f).)
§ 14-93. Embezzlement by treasurers of
charitable and religious organizations.
If any treasurer or other financial officer of any
benevolent or religious institution, society or congregation
shall lend any of the moneys coming into his hands to any other
person or association without the consent of the institution,
association or congregation to whom such moneys belong; or, if he
shall fail to account for such moneys when called on, he shall be
guilty of a felony. If the violation of this section involves
money with a value of one hundred thousand dollars ($100,000) or
more, the person is guilty of a Class C felony. If the violation
of this section involves money with a value of less than one
hundred thousand dollars ($100,000) or less, a violation of this
section is a Class H felony. (1879, c. 105; Code, s. 1017; Rev.,
s. 3409; C.S., s. 4271; 1993, c. 539, s. 1178; 1994, Ex. Sess.,
c. 24, s. 14(c); 1997-443, s. 19.25(g).)
§ 14-94. Embezzlement by officers of railroad
companies.
If any president, secretary, treasurer, director, engineer,
agent or other officer of any railroad company shall embezzle any
moneys, bonds or other valuable funds or securities, with which
such president, secretary, treasurer, director, engineer, agent
or other officer shall be charged by virtue of his office or
agency, or shall in any way, directly or indirectly, apply or
appropriate the same for the use or benefit of himself or any
other person, state or corporation, other than the company of
which he is president, secretary, treasurer, director, engineer,
agent or other officer, for every such offense the person so
offending shall be guilty of a felony, and on conviction in the
superior or criminal court of any county through which the
railroad of such company shall pass, shall be punished as a
felon. If the value of the money, bonds, or other valuable funds
or securities is one hundred thousand dollars ($100,000) or more,
a violation of this section is a Class C felony. If the value of
the money, bonds, or other valuable funds or securities is less
than one hundred thousand dollars ($100,000), a violation of this
section is a Class H felony. (1870-1, c. 103, s. 1; Code, s.
1018; Rev., s. 3403; C.S., s. 4272; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1997-
443, s. 19.25(h).)
§ 14-95: Repealed by Session Laws 1994, Ex. Sess.,
c. 14, s. 71(6).
§§ 14-96, 14-96.1: Repealed by Session Laws 1989
(Reg. Sess., 1990), c. 1054, s. 6.
§ 14-97. Appropriation of partnership funds by
partner to personal use.
Any person engaged in a partnership business in the State of
North Carolina who shall, without the knowledge and consent of
his copartner or copartners, take funds belonging to the
partnership business and appropriate the same to his own personal
use with the fraudulent intent of depriving his copartners of the
use thereof, shall be guilty of a felony. Appropriation of
partnership funds with a value of one hundred thousand dollars
($100,000) or more by a partner is a Class C felony.
Appropriation of partnership funds with the value of less than
one hundred thousand dollars ($100,000) by a partner is a Class H
felony. (1921, c. 127; C.S., s. 4274(a); 1993, c. 539, s. 1179;
1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(i).)
§ 14-98. Embezzlement by surviving partner.
If any surviving partner shall willfully and intentionally
convert any of the property, money or effects belonging to the
partnership to his own use, and refuse to account for the same on
settlement, he shall be guilty of a felony. If the property,
money, or effects has a value of one hundred thousand dollars
($100,000) or more, a violation of this section is a Class C
felony. If the property, money, or effects has a value of less
than one hundred thousand dollars ($100,000), a violation of this
section is a Class H felony. (1901, c. 640, s. 9; Rev., s. 3405;
C.S., s. 4275; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s.
47; 1981, c. 63, s. 1; c. 179, s. 14; 1997-443, s. 19.25(j).)
§ 14-99. Embezzlement of taxes by officers.
If any officer appropriates to his own use the State,
county, school, city or town taxes, he shall be guilty of
embezzlement, and shall be punished as a felon. If the value of
the taxes is one hundred thousand dollars ($100,000) or more, a
violation of this section is a Class C felony. If the value of
the taxes is less than one hundred thousand dollars ($100,000), a
violation of this section is a Class F felony. (1883, c. 136, s.
49; Code, s. 3705; Rev., s. 3410; C.S., s. 4276; 1979, c. 760, s.
5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s.
14; 1993, c. 539, s. 1180; 1994, Ex. Sess., c. 24, s. 14(c); 1997-
443, s. 19.25(k).)
§ 14-100. Obtaining property by false pretenses.
(a) If any person shall knowingly and designedly by means
of any kind of false pretense whatsoever, whether the false
pretense is of a past or subsisting fact or of a future
fulfillment or event, obtain or attempt to obtain from any person
within this State any money, goods, property, services, chose in
action, or other thing of value with intent to cheat or defraud
any person of such money, goods, property, services, chose in
action or other thing of value, such person shall be guilty of a
felony: Provided, that if, on the trial of anyone indicted for
such crime, it shall be proved that he obtained the property in
such manner as to amount to larceny or embezzlement, the jury
shall have submitted to them such other felony proved; and no
person tried for such felony shall be liable to be afterwards
prosecuted for larceny or embezzlement upon the same facts:
Provided, further, that it shall be sufficient in any indictment
for obtaining or attempting to obtain any such money, goods,
property, services, chose in action, or other thing of value by
false pretenses to allege that the party accused did the act with
intent to defraud, without alleging an intent to defraud any
particular person, and without alleging any ownership of the
money, goods, property, services, chose in action or other thing
of value; and upon the trial of any such indictment, it shall not
be necessary to prove either an intent to defraud any particular
person or that the person to whom the false pretense was made was
the person defrauded, but it shall be sufficient to allege and
prove that the party accused made the false pretense charged with
an intent to defraud. If the value of the money, goods, property,
services, chose in action, or other thing of value is one hundred
thousand dollars ($100,000) or more, a violation of this section
is a Class C felony. If the value of the money, goods, property,
services, chose in action, or other thing of value is less than
one hundred thousand dollars ($100,000), a violation of this
section is a Class H felony.
(b) Evidence of nonfulfillment of a contract obligation
standing alone shall not establish the essential element of
intent to defraud.
(c) For purposes of this section, "person" means person,
association, consortium, corporation, body politic, partnership,
or other group, entity, or organization. (33 Hen. VIII, c. 1,
ss. 1, 2; 30 Geo. II, c. 24, s. 1; 1811, c. 814, s. 2, P.R.;
R.C., c. 34, s. 67; Code, s. 1025; Rev., s. 3432; C.S., s. 4277;
1975, c. 783; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s.
47; 1981, c. 63, s. 1; c. 179, s. 14; 1997-443, s. 19.25(l).)
§ 14-101. Obtaining signatures by false
pretenses.
If any person, with intent to defraud or cheat another,
shall designedly, by color of any false token or writing, or by
any other false pretense, obtain the signature of any person to
any written instrument, the false making of which would be
punishable as forgery, he shall be punished as a Class H felon.
(1871-2, c. 92; Code, s. 1026; Rev., s. 3433; C.S., s. 4278;
1945, c. 635; 1979, c. 760, s. 5; 1979 2nd Sess., c. 1316, s. 47;
1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1181; 1994,
Ex. Sess., c. 24, s. 14(c).)
§ 14-102. Obtaining property by false
representation of pedigree of animals.
If any person shall, with intent to defraud or cheat,
knowingly represent any animal for breeding purposes as being of
greater degree of any particular strain of blood than such animal
actually possesses, and by such representation obtain from any
other person money or other thing of value, he shall be guilty of
a Class 2 misdemeanor. (1891, c. 94, s. 2; Rev., s. 3307; C.S.,
s. 4279; 1993, c. 539, s. 40; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-103. Obtaining certificate of registration
of animals by false representation.
If any person shall, by any false representation or
pretense, with intent to defraud or cheat, obtain from any club,
association, society or company for the improvement of the breed
of cattle, horses, sheep, swine, fowls or other domestic animals
or birds, a certificate of registration of any animal in the herd
register of any such association, society or company, or a
transfer of any such registration, upon conviction thereof, the
person is guilty of a Class 3 misdemeanor. (1891, c. 94, s. 1;
Rev. s. 3308; C.S., s. 4280; 1993, c. 539, s. 41; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-104. Obtaining advances under promise to work and
pay for same.
If any person, with intent to cheat or defraud another,
shall obtain any advances in money, provisions, goods, wares or
merchandise of any description from any other person or
corporation upon and by color of any promise or agreement that
the person making the same will begin any work or labor of any
description for such person or corporation from whom the advances
are obtained, and the person making the promise or agreement
shall willfully fail, without a lawful excuse, to commence or
complete such work according to contract, he shall be guilty of a
Class 2 misdemeanor. (1889, c. 444; 1891, c. 106; 1905, c. 411;
Rev., s. 3431; C.S., s. 4281; 1993, c. 539, s. 42; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-105. Obtaining advances under written
promise to pay therefor out of designated property.
If any person shall obtain any advances in money,
provisions, goods, wares or merchandise of any description from
any other person or corporation, upon any written representation
that the person making the same is the owner of any article of
produce, or of any other specific chattel or personal property,
which property, or the proceeds of which the owner in such
representation thereby agrees to apply to the discharge of the
debt so created, and the owner shall fail to apply such produce
or other property, or the proceeds thereof, in accordance with
such agreement, or shall dispose of the same in any other manner
than is so agreed upon by the parties to the transaction, the
person so offending shall be guilty of a misdemeanor, whether he
shall or shall not have been the owner of any such property at
the time such representation was made. Any person violating any
provision of this section shall be guilty of a Class 2
misdemeanor. (1879, cc. 185, 186; Code, s. 1027; 1905, c. 104;
Rev., s. 3434; C.S., s. 4282; 1969, c. 1224, s. 9; 1993, c. 539,
s. 43; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-106. Obtaining property in return for
worthless check, draft or order.
Every person who, with intent to cheat and defraud another,
shall obtain money, credit, goods, wares or any other thing of
value by means of a check, draft or order of any kind upon any
bank, person, firm or corporation, not indebted to the drawer, or
where he has not provided for the payment or acceptance of the
same, and the same be not paid upon presentation, shall be guilty
of a Class 2 misdemeanor. The giving of the aforesaid worthless
check, draft, or order shall be prima facie evidence of an
intent to cheat and defraud. (1907, c. 975; 1909, c. 647; C.S.,
s. 4283; 1993, c. 539, s. 44; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-107. Worthless checks.
(a) It is unlawful for any person, firm or corporation, to
draw, make, utter or issue and deliver to another, any check or
draft on any bank or depository, for the payment of money or its
equivalent, knowing at the time of the making, drawing, uttering,
issuing and delivering the check or draft, that the maker or
drawer of it has not sufficient funds on deposit in or credit
with the bank or depository with which to pay the check or draft
upon presentation.
(b) It is unlawful for any person, firm or corporation to
solicit or to aid and abet any other person, firm or corporation
to draw, make, utter or issue and deliver to any person, firm or
corporation, any check or draft on any bank or depository for the
payment of money or its equivalent, being informed, knowing or
having reasonable grounds for believing at the time of the
soliciting or the aiding and abetting that the maker or the
drawer of the check or draft has not sufficient funds on deposit
in, or credit with, the bank or depository with which to pay the
check or draft upon presentation.
(c) The word "credit" as used in this section means an
arrangement or understanding with the bank or depository for the
payment of a check or draft.
(d) A violation of this section is a Class I felony if the
amount of the check or draft is more than two thousand dollars
($2,000). If the amount of the check or draft is two thousand
dollars ($2,000) or less, a violation of this section is a
misdemeanor punishable as follows:
(1) Except as provided in subdivision (3) or (4) of
this subsection, the person is guilty of a Class 2 misdemeanor.
Provided, however, if the person has been convicted three times
of violating this section, the person shall on the fourth and all
subsequent convictions (i) be punished as for a Class 1
misdemeanor and (ii) be ordered, as a condition of probation, to
refrain from maintaining a checking account or making or uttering
a check for three years.
(2) Repealed by Session Laws 1999-408, s. 1.
(3) If the check or draft is drawn upon a
nonexistent account, the person is guilty of a Class 1
misdemeanor.
(4) If the check or draft is drawn upon an account
that has been closed by the drawer, or that the drawer knows to
have been closed by the bank or depository, prior to time the
check is drawn, the person is guilty of a Class 1 misdemeanor.
(e) In deciding to impose any sentence other than an active
prison sentence, the sentencing judge shall consider and may
require, in accordance with the provisions of G.S. 15A-1343,
restitution to the victim for (i) the amount of the check or
draft, (ii) any service charges imposed on the payee by a bank or
depository for processing the dishonored check, and (iii) any
processing fees imposed by the payee pursuant to G.S. 25-3-506,
and each prosecuting witness (whether or not under subpoena)
shall be entitled to a witness fee as provided by G.S. 7A-314
which shall be taxed as part of the cost and assessed to the
defendant. (1925, c. 14; 1927, c. 62; 1929, c. 273, ss. 1, 2;
1931, cc. 63, 138; 1933, cc. 43, 64, 93, 170, 265, 362, 458;
1939, c. 346; 1949, cc. 183, 332; 1951, c. 356; 1961, c. 89;
1963, cc. 73, 547, 870; 1967, c. 49, s. 1; c. 661, s. 1; 1969, c.
157; c. 876, s. 1; cc. 909, 1014; c. 1224, s. 10; 1971, c. 243,
s. 1; 1977, c. 885; 1979, c. 837; 1983, c. 741; 1991, c. 523, s.
1; 1993, c. 374, s. 2; c. 539, ss. 45, 1182; 1994, Ex. Sess., c.
24, s. 14(c); 1995 (Reg. Sess., 1996), c. 742, s. 11; 1999-408,
s. 1.)
§ 14-107.1. Prima facie evidence in worthless
check cases.
(a) Unless the context otherwise requires, the following
definitions apply in this section:
(1) Check Passer. -- A natural person who draws,
makes, utters, or issues and delivers, or causes to be delivered
to another any check or draft on any bank or depository for the
payment of money or its equivalent.
(2) Acceptor. -- A person, firm, corporation or any
authorized employee thereof accepting a check or draft from a
check passer.
(3) Check Taker. -- A natural person who is an
acceptor, or an employee or agent of an acceptor, of a check or
draft in a face-to-face transaction.
(b) In prosecutions under G.S. 14-107 the prima facie
evidence provisions of subsections (d) and (e) apply if all the
conditions of subdivisions (1) through (7) below are met. The
prima facie evidence provisions of subsection (e) apply if only
conditions (5) through (7) are met. The conditions are:
(1) The check or draft is delivered to a check
taker.
(2) The name and mailing address of the check
passer are written or printed on the check or draft, and the
check taker or acceptor shall not be required to write or print
the race or gender of the check passer on the check or draft.
(3) The check taker identifies the check passer at
the time of accepting the check by means of a North Carolina
driver's license, a special identification card issued pursuant
to G.S. 20-37.7, or other reliable serially numbered
identification card containing a photograph and mailing address
of the person in question.
(4) The license or identification card number of
the check passer appears on the check or draft.
(5) After dishonor of the check or draft by the
bank or depository, the acceptor sends the check passer a letter
by certified mail, to the address recorded on the check,
identifying the check or draft, setting forth the circumstances
of dishonor, and requesting rectification of any bank error or
other error in connection with the transaction within 10 days.
An acceptor may advise the check passer in a
letter that legal action may be taken against him if payment is
not made within the prescribed time period. Such letter, however,
shall be in a form which does not violate applicable provisions
of Article 2 of Chapter 75.
(6) The acceptor files the affidavit described in
subdivision (7) with a judicial official, as defined in G.S. 15A-
101(5), before issuance of the first process or pleading in the
prosecution under G.S. 14-107. The affidavit must be kept in the
case file (attached to the criminal pleading in the case).
(7) The affidavit of the acceptor, sworn to before
a person authorized to administer oaths, must:
a. State the facts surrounding acceptance of
the check or draft. If the conditions set forth in subdivisions
(1) through (5) have been met, the specific facts demonstrating
observance of those conditions must be stated.
b. Indicate that at least 15 days have elapsed
since the mailing of the letter required under subdivision (5)
and that the check passer has failed to rectify any error that
may have occurred with respect to the dishonored check or draft.
c. Have attached a copy of the letter sent to
the check passer pursuant to subdivision (5).
d. Have attached the receipt, or a copy of it,
from the United States Postal Service certifying the mailing of
the letter described in subdivision (5).
e. Have attached the check or draft or a copy
thereof, including any stamp, marking or attachment indicating
the reason for dishonor.
(c) In prosecutions under G.S. 14-107, where the check or
draft is delivered to the acceptor by mail, or delivered other
than in person, the prima facie evidence rule in subsections (d)
and (e) shall apply if all the conditions below are met. The
prima facie evidence rule in subsection (e) shall apply if
conditions (5) through (7) below are met. The conditions are:
(1) The check or draft is delivered to the acceptor
by United States mail, or by some person or instrumentality other
than a check passer.
(2) The name and mailing address of the check
passer are recorded on the check or draft.
(3) The acceptor has previously identified the
check passer, at the time of opening the account, establishing
the course of dealing, or initiating the lease or contract, by
means of a North Carolina driver's license, a special
identification card issued pursuant to G.S. 20-37.7, or other
reliable serially numbered identification card containing a
photograph and mailing address of the person in question, and
obtained the signature of the person or persons who will be
making payments on the account, course of dealing, lease or
contract, and such signature is retained in the account file.
(4) The acceptor compares the name, address, and
signature on the check with the name, address, and signature on
file in the account, course of dealing, lease, or contract, and
notes that the information contained on the check corresponds
with the information contained in the file, and the signature on
the check appears genuine when compared to the signature in the
file.
(5) After dishonor of the check or draft by the
bank or depository, the acceptor sends the check passer a letter
by certified mail to the address recorded on the check or draft
identifying the check or draft, setting forth the circumstances
of dishonor and requesting rectification of any bank error or
other error in connection with the transaction within 10 days.
An acceptor may advise the check passer in a
letter that legal action may be taken against him if payment is
not made within the prescribed time period. Such letter, however,
shall be in a form which does not violate applicable provisions
of Article 2 of Chapter 75.
(6) The acceptor files the affidavits described in
subdivision (7) of this subsection with a judicial official, as
defined in G.S. 15A-101(5), before issuance of the first process
or pleading in the prosecution under G.S. 14-107. The affidavit
must be kept in the case file (attached to the criminal pleading
in the case).
(7) The affidavit of the acceptor, sworn to before
a person authorized to administer oaths, must:
a. State the facts surrounding acceptance of
the check or draft. If the conditions set forth in subdivisions
(1) through (5) have been met, the specific facts demonstrating
observance of those conditions must be stated.
b. Indicate that at least 15 days have elapsed
since the mailing of the letter required under subdivision (5)
and that the check passer has failed to rectify any error that
may have occurred with respect to the dishonored check or draft.
c. Have attached a copy of the letter sent to
the check passer pursuant to subdivision (5).
d. Have attached the receipt, or a copy of it,
from the United States Postal Service certifying the mailing of
the letter described in subdivision (5).
e. Have attached the check or draft or a copy
thereof, including any stamp, marking or attachment indicating
the reason for dishonor.
(d) If the conditions of subsection (b) or (c) have been
met, proof of meeting them is prima facie evidence that the
person charged was in fact the identified check passer.
(e) If the bank or depository dishonoring a check or draft
has returned it in the regular course of business stamped or
marked or with an attachment indicating the reason for dishonor
("insufficient funds," "no account," "account closed" or words of
like meaning), the check or draft and any attachment may be
introduced in evidence and constitute prima facie evidence of the
facts of dishonor if the conditions of subdivisions (5) through
(7) of subsection (b) or subdivisions (5) through (7) of
subsection (c) have been met. The fact that the check or draft
was returned dishonored may be received as evidence that the
check passer had no credit with the bank or depository for
payment of the check or draft.
(f) An affidavit by an employee of a bank or depository who
has personal knowledge of the facts stated in the affidavit sworn
to and properly executed before an official authorized to
administer oaths is admissible in evidence without further
authentication in a hearing or trial pursuant to a prosecution
under G.S. 14-107 in the District Court Division of the General
Court of Justice with respect to the facts of dishonor of the
check or draft, including the existence of an account, the date
the check or draft was processed, whether there were sufficient
funds in an account to pay the check or draft, and other related
matters. If the defendant requests that the bank or depository
employee personally testify in the hearing or trial, the
defendant may subpoena the employee. The defendant shall be
provided a copy of the affidavit prior to trial and shall have
the opportunity to subpoena the affiant for trial. (1979, c. 615,
s. 1; 1985, c. 650, s. 1; 1989, c. 421; 1997-149, s. 1.)
§ 14-108. Obtaining property or services from
slot machines, etc., by false coins or tokens.
Any person who shall operate, or cause to be operated, or
who shall attempt to operate, or attempt to cause to be operated
any automatic vending machine, slot machine, coin-box telephone
or other receptacle designed to receive lawful coin of the United
States of America in connection with the sale, use or enjoyment
of property or service, by means of a slug or any false,
counterfeited, mutilated, sweated or foreign coin, or by any
means, method, trick or device whatsoever not lawfully authorized
by the owner, lessee or licensee, of such machine, coin-box
telephone or receptacle, or who shall take, obtain or receive
from or in connection with any automatic vending machine, slot
machine, coin-box telephone or other receptacle designed to
receive lawful coin of the United States of America in connection
with the sale, use or enjoyment of property or service, any
goods, wares, merchandise, gas, electric current, article of
value, or the use or enjoyment of any telephone or telegraph
facilities or service, or of any musical instrument, phonograph
or other property, without depositing in and surrendering to such
machine, coin-box telephone or receptacle lawful coin of the
United States of America to the amount required therefor by the
owner, lessee or licensee of such machine, coin-box telephone or
receptacle, shall be guilty of a Class 2 misdemeanor. (1927, c.
68, s. 1; 1969, c. 1224, s. 3; 1993, c. 539, s. 46, c. 553, s. 8;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-109. Manufacture, sale, or gift of devices
for cheating slot machines, etc.
Any person who, with intent to cheat or defraud the owner,
lessee, licensee or other person entitled to the contents of any
automatic vending machine, slot machine, coin-box telephone or
other receptacle, depository or contrivance designed to receive
lawful coin of the United States of America in connection with
the sale, use or enjoyment of property or service, or who,
knowing that the same is intended for unlawful use, shall
manufacture for sale, or sell or give away any slug, device or
substance whatsoever intended or calculated to be placed or
deposited in any such automatic vending machine, slot machine,
coin-box telephone or other such receptacle, depository or
contrivance, shall be guilty of a Class 2 misdemeanor. (1927, c.
68, s. 2; 1969, c. 1224, s. 3; 1993, c. 539, s. 47; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-110. Defrauding innkeeper or campground
owner.
No person shall, with intent to defraud, obtain food,
lodging, or other accommodations at a hotel, inn, boardinghouse,
eating house, or campground. Whoever violates this section shall
be guilty of a Class 2 misdemeanor. Obtaining such lodging,
food, or other accommodation by false pretense, or by false or
fictitious show of pretense of baggage or other property, or
absconding without paying or offering to pay therefor, or
surreptitiously removing or attempting to remove such baggage,
shall be prima facie evidence of such fraudulent intent,
but this section shall not apply where there has been an
agreement in writing for delay in such payment. (1907, c. 816;
C.S., s. 4284; 1969, c. 947; c. 1224, s. 3; 1985, c. 391; 1993,
c. 539, s. 48; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-111: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(4).
§ 14-111.1. Obtaining ambulance services
without intending to pay therefor -- Buncombe, Haywood and
Madison Counties.
Any person who with the intent to defraud shall obtain
ambulance services for himself or other persons without intending
at the time of obtaining such services to pay a reasonable charge
therefor, shall be guilty of a Class 2 misdemeanor. If a person
or persons obtaining such services willfully fails to pay for the
services within a period of 90 days after request for payment,
such failure shall raise a presumption that the services were
obtained with the intention to defraud, and with the intention
not to pay therefor.
This section shall apply only to the Counties of Buncombe,
Haywood and Madison. (1965, c. 976, s. 1; 1969, c. 1224, s. 4;
1993, c. 539, s. 49; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-111.2. Obtaining ambulance services without
intending to pay therefor -- certain named counties.
Any person who with intent to defraud shall obtain ambulance
services without intending at the time of obtaining such services
to pay, if financially able, any reasonable charges therefor
shall be guilty of a Class 2 misdemeanor. A determination by the
court that the recipient of such services has willfully failed to
pay for the services rendered for a period of 90 days after
request for payment, and that the recipient is financially able
to do so, shall raise a presumption that the recipient at the
time of obtaining the services intended to defraud the provider
of the services and did not intend to pay for the services.
The section shall apply to Anson, Ashe, Beaufort, Caldwell,
Caswell, Catawba, Chatham, Cherokee, Clay, Cleveland, Cumberland,
Davie, Duplin, Durham, Forsyth, Gaston, Graham, Guilford,
Haywood, Henderson, Hoke, Hyde, Iredell, Macon, Mecklenburg,
Montgomery, Orange, Pasquotank, Person, Polk, Randolph, Robeson,
Rockingham, Scotland, Stanly, Surry, Transylvania, Union, Vance,
Washington, Wilkes and Yadkin Counties only. (1967, c. 964; 1969,
cc. 292, 753; c. 1224, s. 4; 1971, cc. 125, 203, 300, 496; 1973,
c. 880, s. 2; 1977, cc. 63, 144; 1983, c. 42, s. 1; 1985, c. 335,
s. 1; 1987 (Reg. Sess., 1988), c. 910, s. 1; 1993, c. 539, s. 50;
1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 9, s. 2; 1999-64, s.
1.)
§ 14-111.3. Making unneeded ambulance request in
certain counties.
It shall be unlawful for any person or persons to willfully
obtain or attempt to obtain ambulance service that is not needed,
or to make a false request or report that an ambulance is needed.
Every person convicted of violating this section shall be guilty
of a Class 3 misdemeanor.
This section shall apply only to the Counties of Ashe,
Buncombe, Cherokee, Clay, Cleveland, Davie, Duplin, Durham,
Graham, Greene, Haywood, Hoke, Macon, Madison, Polk, Robeson,
Washington, Wilkes and Yadkin. (1965, c. 976, s. 2; 1971, c. 496;
1977, c. 96; 1983, c. 42, s. 2; 1985, c. 335, s. 2; 1987 (Reg.
Sess., 1988), c. 910, s. 2; 1989, c. 514; 1989 (Reg. Sess.,
1990), c. 834; 1993, c. 539, s. 51; 1994, Ex. Sess., c. 24, s.
14(c); 1995, c. 9, s. 3; 1999-64, s. 2.)
§ 14-112. Obtaining merchandise on
approval.
If any person, with intent to cheat and defraud, shall
solicit and obtain from any merchant any article of merchandise
on approval, and shall thereafter, upon demand, refuse or fail to
return the same to such merchant in an unused and undamaged
condition, or to pay for the same, such person so offending shall
be guilty of a Class 2 misdemeanor. Evidence that a person has
solicited a merchant to deliver to him any article of merchandise
for examination or approval and has obtained the same upon such
solicitation, and thereafter, upon demand, has refused or failed
to return the same to such merchant in an unused and undamaged
condition, or to pay for the same, shall constitute prima
facie evidence of the intent of such person to cheat and
defraud, within the meaning of this section: Provided, this
section shall not apply to merchandise sold upon a written
contract which is signed by the purchaser. (1911, c. 185; C.S.,
s. 4285; 1941, c. 242; 1969, c. 1224, s. 2; 1993, c. 539, s. 52;
1994, Ex. Sess., c. 24, s. 14(c).)
§14-112.1. Repealed by Session Laws 1967, c. 1088, s. 2.
§ 14-113. Obtaining money by false
representation of physical defect.
It shall be unlawful for any person to falsely represent
himself or herself in any manner whatsoever as blind, deaf, dumb,
or crippled or otherwise physically defective for the purpose of
obtaining money or other thing of value or of making sales of any
character of personal property. Any person so falsely
representing himself or herself as blind, deaf, dumb, crippled or
otherwise physically defective, and securing aid or assistance on
account of such representation, shall be deemed guilty of a Class
2 misdemeanor. (1919, c. 104; C.S., s. 4286; 1969, c. 1224, s. 1;
1993, c. 539, s. 53; 1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 19A.
Obtaining Property or Services by False
or Fraudulent Use of Credit Device
or Other Means.
§ 14-113.1. Use of false or counterfeit credit
device; unauthorized use of another's credit device; use after
notice of revocation.
It shall be unlawful for any person knowingly to obtain or
attempt to obtain credit, or to purchase or attempt to purchase
any goods, property or service, by the use of any false,
fictitious, or counterfeit telephone number, credit number or
other credit device, or by the use of any telephone number,
credit number or other credit device of another without the
authority of the person to whom such number or device was issued,
or by the use of any telephone number, credit number or other
credit device in any case where such number or device has been
revoked and notice of revocation has been given to the person to
whom issued or he has knowledge or reason to believe that such
revocation has occurred. (1961, c. 223, s. 1; 1965, c. 1147;
1967, c. 1244, s. 1; 1971, c. 1213, s. 1.)
§14-113.2. Notice defined; prima facie evidence of receipt of
notice.
The word "notice" as used in G.S. 14-113.1 shall be
construed to include either notice given in person or notice
given in writing to the person to whom the number or device was
issued. The sending of a notice in writing by registered or
certified mail in the United States mail, duly stamped and
addressed to such person at his last address known to the issuer,
shall be prima facie evidence that such notice was duly received
after five days from the date of the deposit in the mail. (1961,
c. 223, s. 3; 1965, c. 1147; 1967, c. 1244, s. 1.)
§14-113.3. Use of credit device as prima facie evidence of
knowledge.
The presentation or use of a revoked, false, fictitious or
counterfeit telephone number, credit number, or other credit
device for the purpose of obtaining credit or the privilege of
making a deferred payment for the article or service purchased
shall be prima facie evidence of knowledge that the said credit
device is revoked, false, fictitious or counterfeit; and the
unauthorized use of any telephone number, credit number or other
credit device of another shall be prima facie evidence of
knowledge that such use was without the authority of the person
to whom such number or device was issued. (1961, c. 223, s. 4;
1965, c. 1147; 1967, c. 1244, s. 1.)
§14-113.4. Avoiding or attempting to avoid payment for
telecommunication services.
It shall be unlawful for any person to avoid or attempt to
avoid, or to cause another to avoid, the lawful charges, in whole
or in part, for any telephone or telegraph service or for the
transmission of a message, signal or other communication by
telephone or telegraph, or over telephone or telegraph facilities
by the use of any fraudulent scheme, device, means or method.
(1961, c. 223, s. 2; 1965, c. 1147.)
§ 14-113.5. Making, distributing, possessing,
transferring, or programming device for theft of
telecommunication service; publication of information regarding
schemes, devices, means, or methods for such theft; concealment
of existence, origin or destination of any telecommunication.
(a) It shall be unlawful for any person knowingly to:
(1) Make, distribute, possess, use, or assemble an
unlawful telecommunications device or modify, alter, program, or
reprogram a telecommunication device designed, adapted, or which
is used:
a. For commission of a theft of
telecommunication service or to acquire or facilitate the
acquisition of telecommunications service without the consent of
the telecommunication service provider in violation of this
Article, or
b. To conceal, or assist another to conceal,
from any supplier of a telecommunication service provider or from
any lawful authority the existence or place of origin or of
destination of any telecommunication, or
(2) Sell, possess, distribute, give, transport, or
otherwise transfer to another or offer or advertise for sale any:
a. Unlawful telecommunication device, or plans
or instructions for making or assembling the same under
circumstances evincing an intent to use or employ the unlawful
telecommunication device, or to allow the same to be used or
employed, for a purpose described in (1)a or (1)b above, or
knowing or having reason to believe that the same is intended to
be so used, or that the aforesaid plans or instructions are
intended to be used for making or assembling the unlawful
telecommunication device; or
b. Material, including hardware, cables,
tools, data, computer software or other information or equipment,
knowing that the purchaser or a third person intends to use the
material in the manufacture of an unlawful telecommunication
device; or
(3) Publish plans or instructions for making or
assembling or using any unlawful telecommunication device, or
(4) Publish the number or code of an existing,
cancelled, revoked or nonexistent telephone number, credit number
or other credit device, or method of numbering or coding which is
employed in the issuance of telephone numbers, credit numbers or
other credit devices with knowledge or reason to believe that it
may be used to avoid the payment of any lawful telephone or
telegraph toll charge under circumstances evincing an intent to
have the telephone number, credit number, credit device or method
of numbering or coding so used.
(5) Repealed by Session Laws 1995, c. 425, s. 1,
effective December 1, 1995, and applicable to offenses committed
on or after that date.
(b) Any unlawful telecommunication device, plans,
instructions, or publications described in this section may be
seized under warrant or incident to a lawful arrest for a
violation of this section. Upon the conviction of a person for a
violation of this section, the court may order the sheriff of the
county in which the person was convicted to destroy as contraband
or to otherwise lawfully dispose of the unlawful
telecommunication device, plans, instructions, or publication.
(c) The following definitions apply in this section and in
G.S. 14-113.6:
(1) Manufacture of an unlawful telecommunication
device. -- The production or assembly of an unlawful
telecommunication device or the modification, alteration,
programming or reprogramming of a telecommunication device to be
capable of acquiring or facilitating the acquisition of
telecommunication service without the consent of the
telecommunication service provider.
(2) Publish. -- The communication or dissemination
of information to any one or more persons, either orally, in
person or by telephone, radio or television, or in a writing of
any kind, including without limitation a letter or memorandum,
circular or handbill, newspaper or magazine article, or book.
(3) Telecommunication device. -- Any type of
instrument, device, machine or equipment that is capable of
transmitting or receiving telephonic, electronic or radio
communications, or any part of such instrument, device, machine
or equipment, or any computer circuit, computer chip, electronic
mechanism or other component that is capable of facilitating the
transmission or reception of telephonic, electronic or radio
communications.
(4) Telecommunication service. -- Any service
provided for a charge or compensation to facilitate the
origination, transmission, emission or reception of signs,
signals, data, writings, images, sounds or intelligence of any
nature of telephone, including cellular or other wireless
telephones, wire, radio, electromagnetic, photoelectronic or
photo-optical system.
(5) Telecommunication service provider. -- A person
or entity providing telecommunication service, including, a
cellular, paging or other wireless communications company or
other person or entity which, for a fee, supplies the facility,
cell site, mobile telephone switching office or other equipment
or telecommunication service.
(6) Unlawful telecommunication device. -- Any
telecommunication device that is capable, or has been altered,
modified, programmed or reprogrammed alone or in conjunction with
another access device or other equipment so as to be capable, of
acquiring or facilitating the acquisition of any electronic
serial number, mobile identification number, personal
identification number or any telecommunication service without
the consent of the telecommunication service provider. The term
includes, telecommunications devices altered to obtain service
without the consent of the telecommunication service provider,
tumbler phones, counterfeit or clone microchips, scanning
receivers of wireless telecommunication service of a
telecommunication service provider and other instruments capable
of disguising their identity or location or of gaining access to
a communications system operated by a telecommunication service
provider. This section shall not apply to any device operated by
a law enforcement agency in the normal course of its activities.
(1965, c. 1147; 1971, c. 1213, s. 2; 1995, c. 425, s. 1.)
§ 14-113.6. Penalties for violation; civil
action.
(a) Any person violating any of the provisions of this
Article shall be guilty of a Class 2 misdemeanor. However, if the
offense is a violation of G.S. 14-113.5 and involves five or more
unlawful telecommunication devices the person shall be guilty of
a Class G felony.
(b) The court may, in addition to any other sentence
authorized by law, order a person convicted of violating G.S. 14-
113.5 to make restitution for the offense.
(c) Any person or entity aggrieved by a violation of G.S.
14-113.5 may, in a civil action in any court of competent
jurisdiction, obtain appropriate relief, including preliminary
and other equitable or declaratory relief, compensatory and
punitive damages, reasonable investigation expenses, costs of
suit and any attorney fees as may be provided by law. (1961, c.
223, s. 5; 1965, c. 1147; 1969, c. 1224, s. 6; 1993, c. 539, s.
54; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 425, s. 2.)
§14-113.6A. Venue of offenses.
(a) Any of the offenses described in Article 19A which
involve the placement of telephone calls may be deemed to have
been committed at either the place at which the telephone call or
calls were made or at the place where the telephone call or calls
were received.
(b) An offense under G.S. 14-113.5(3) or 14-113.5(4) may be
deemed to have been committed at either the place at which the
publication was initiated or at which the publication was
received or at which the information so published was utilized to
avoid or attempt to avoid the payment of any lawful telephone or
telegraph toll charge. (1971, c. 1213, s. 3.)
§14-113.7. Article not construed as repealing § 14-100.
This Article shall not be construed as repealing G.S. 14-
100. (1961, c. 223, s. 6; 1065, c. 1147.)
§14-113.7A. Application of Article to credit cards.
This Article shall not be construed as being applicable to
any credit card as the term is defined in G.S. 14-113.8. (1967,
c. 1244, s. 1.)
ARTICLE 19B.
Financial Transaction Card Crime Act.
§ 14-113.8. Definitions.
The following words and phrases as used in this Chapter, unless a
different meaning is plainly required by the context, shall have
the following meanings:
(1) Acquirer. -- "Acquirer" means a business
organization, financial institution, or an agent of a business
organization or financial institution that authorizes a merchant
to accept payment by financial transaction card for money, goods,
services or anything else of value.
(1a) Automated Banking Device. -- "Automated
banking device" means any machine which when properly activated
by a financial transaction card and/or personal identification
code may be used for any of the purposes for which a financial
transaction card may be used.
(2) Cardholder. -- "Cardholder" means the person or
organization named on the face of a financial transaction card
to whom or for whose benefit the financial transaction card is
issued by an issuer.
(3) Expired Financial Transaction Card. -- "Expired
financial transaction card" means a financial transaction card
which is no longer valid because the term shown on it has
elapsed.
(4) Financial Transaction Card. -- "Financial
transaction card" or "FTC" means any instrument or device whether
known as a credit card, credit plate, bank services card, banking
card, check guarantee card, debit card, or by any other name,
issued with or without fee by an issuer for the use of the
cardholder:
a. In obtaining money, goods, services, or
anything else of value on credit; or
b. In certifying or guaranteeing to a person
or business the availability to the cardholder of funds on
deposit that are equal to or greater than the amount necessary to
honor a draft or check payable to the order of such person or
business; or
c. In providing the cardholder access to a
demand deposit account or time deposit account for the purpose
of:
1. Making deposits of money or checks
therein; or
2. Withdrawing funds in the form of
money, mon ey orders, or traveler's checks therefrom; or
3. Transferring funds from any demand
deposit account or time deposit account to any other demand
deposit account or time deposit account; or
4. Transferring funds from any demand
deposit account or time deposit account to any credit card
accounts, overdraft privilege accounts, loan accounts, or any
other credit accounts in full or partial satisfaction of any
outstanding balance owed existing therein; or
5. For the purchase of goods, services or
anyt hing else of value; or
6. Obtaining information pertaining to
any dem and deposit account or time deposit account;
d. But shall not include a telephone number,
credit number, or other credit device which is covered by the
provisions of Article 19A of this Chapter.
(5) Issuer. -- "Issuer" means the business
organization or financial institution or its duly authorized
agent which issues a financial transaction card.
(6) Personal Identification Code. -- "Personal
identification code" means a numeric and/or alphabetical code
assigned to the cardholder of a financial transaction card by the
issuer to permit authorized electronic use of that FTC.
(7) Presenting. -- "Presenting" means, as used
herein, those actions taken by a cardholder or any person to
introduce a financial transaction card into an automated banking
device, including utilization of a personal identification code,
or merely displaying or showing a financial transaction card to
the issuer, or to any person or organization providing money,
goods, services, or anything else of value, or any other entity
with intent to defraud.
(8) Receives. -- "Receives" or "receiving" means
acquiring possession or control or accepting a financial
transaction card as security for a loan.
(9) Revoked Financial Transaction Card. -- "Revoked
financial transaction card" means a financial transaction card
which is no longer valid because permission to use it has been
suspended or terminated by the issuer. (1967, c. 1244, s. 2;
1971, c. 1213, s. 4; 1979, c. 741, s. 1; 1989, c. 161, s. 1.)
§14-113.9. Financial transaction card theft.
(a) A person is guilty of financial transaction card theft
when:
(1) He takes, obtains or withholds a financial transaction
card from the person, possession, custody or control of another
without the cardholder's consent and with the intent to use it;
or who, with knowledge that it has been so taken, obtained or
withheld, receives the financial transaction card with intent to
use it or to sell it, or to transfer it to a person other than
the issuer or the cardholder; or
(2) He receives a financial transaction card that he knows
to have been lost, mislaid, or delivered under a mistake as to
the identity or address of the cardholder, and who retains
possession with intent to use it or to sell it or to transfer it
to a person other than the issuer or the cardholder; or
(3) He, not being the issuer, sells a financial transaction
card or buys a financial transaction card from a person other
than the issuer; or
(4) He, not being the issuer, during any 12-month period,
receives financial transaction cards issued in the names of two
or more persons which he has reason to know were taken or
retained under circumstances which constitute a violation of G.S.
14-113.13(a)(3) and subdivision (3) of subsection (a) of this
section.
(b) Credit card theft is punishable as provided by G.S. 14-
113.17(b). (1967, c. 1244, s. 2; 1979, c. 741, s. 1; c. 760, s.
5.)
§14-113.10. Prima facie evidence of theft.
When a person has in his possession or under his control
financial transaction cards issued in the names of two or more
other persons other than members of his immediate family, such
possession shall be prima facie evidence that such financial
transaction cards have been obtained in violation of G.S.
14-113.9(a). (1967, c. 1244, s. 2; 1979, c. 741, s. 1.)
§14-113.11. Forgery of financial transaction card.
(a) A person is guilty of financial transaction card forgery
when:
(1) With intent to defraud a purported issuer, a person or
organization providing money, goods, services or anything else of
value, or any other person, he falsely makes or falsely embosses
a purported financial transaction card or utters such a financial
transaction card; or
(2) With intent to defraud a purported issuer, a person or
organization providing money, goods, services or anything else of
value, or any other person, he falsely encodes, duplicates or
alters existing encoded information on a financial transaction
card or utters such a financial transaction card; or
(3) He, not being the cardholder or a person authorized by
him, with intent to defraud the issuer, or a person or
organization providing money, goods, services or anything else of
value, or any other person, signs a financial transaction card.
(b) A person falsely makes a financial transaction card when
he makes or draws, in whole or in part, a device or instrument
which purports to be the financial transaction card of a named
issuer but which is not such a financial transaction card because
the issuer did not authorize the making or drawing, or alters a
financial transaction card which was validly issued.
(c) A person falsely embosses a financial transaction card
when, without authorization of the named issuer, he completes a
financial transaction card by adding any of the matter, other
than the signature of the cardholder, which an issuer requires to
appear on the financial transaction card before it can be used by
a cardholder.
(d) A person falsely encodes a financial transaction card
when, without authorization of the purported issuer, he records
magnetically, electronically, electro-magnetically or by any
other means whatsoever, information on a financial transaction
card which will permit acceptance of that card by any automated
banking device. Conviction of financial transaction card forgery
shall be punishable as provided in G.S. 14-113.17(b). (1967, c.
1244, s. 2; 1979, c. 741, s. 1.)
§14-113.12. Prima facie evidence of forgery.
(a) When a person, other than the purported issuer,
possesses two or more financial transaction cards which are
falsely made or falsely embossed, such possession shall be prima
facie evidence that said cards were obtained in violation of G.S.
14- 113.11(a)(1) or 14-113.11(a)(2).
(b) When a person, other than the cardholder or a person
authorized by him possesses two or more financial transaction
cards which are signed, such possession shall be prima facie
evidence that said cards were obtained in violation of G.S.
14-113.11(a)(3). (1967, c. 1244, s. 2; 1979, c. 741, s. 1.)
§ 14-113.13. Financial transaction card fraud.
(a) A person is guilty of financial transaction card fraud
when, with intent to defraud the issuer, a person or organization
providing money, goods, services or anything else of value, or
any other person, he
(1) Uses for the purpose of obtaining money, goods,
services or anything else of value a financial transaction card
obtained or retained, or which was received with knowledge that
it was obtained or retained, in violation of G.S. 14-113.9 or
14-113.11 or a financial transaction card which he knows is
forged, altered, expired, revoked or was obtained as a result of
a fraudulent application in violation of G.S. 14-113.13(c); or
(2) Obtains money, goods, services, or anything
else of value by:
a. Representing without the consent of the
cardholder that he is the holder of a specified card; or
b. Presenting the financial transaction card
without the authorization or permission of the cardholder; or
c. Representing that he is the holder of a
card and such card has not in fact been issued; or
d. Using a financial transaction card to
knowingly and willfully exceed:
1. The actual balance of a demand deposit
acco unt or time deposit account; or
2. An authorized credit line in an amount
whic h exceeds such authorized credit line in the amount of five
hundred dollars ($500.00), or fifty percent (50%) of such
authorized credit line, whichever is greater; or
(3) Obtains control over a financial transaction
card as security for debt; or
(4) Deposits into his account or any account, by
means of an automated banking device, a false, fictitious,
forged, altered or counterfeit check, draft, money order, or any
other such document not his lawful or legal property; or
(5) Receives money, goods, services or anything
else of value as a result of a false, fictitious, forged,
altered, or counterfeit check, draft, money order or any other
such document having been deposited into an account via an
automated banking device, knowing at the time of receipt of the
money, goods, services, or item of value that the document so
deposited was false, fictitious, forged, altered or counterfeit
or that the above deposited item was not his lawful or legal
property.
(b) A person who is authorized by an issuer to furnish
money, goods, services or anything else of value upon
presentation of a financial transaction card by the cardholder,
or any agent or employee of such person is guilty of a financial
transaction card fraud when, with intent to defraud the issuer or
the cardholder, he
(1) Furnishes money, goods, services or anything
else of value upon presentation of a financial transaction card
obtained or retained in violation of G.S. 14-113.9, or a
financial transaction card which he knows is forged, expired or
revoked; or
(2) Fails to furnish money, goods, services or
anything else of value which he represents in writing to the
issuer that he has furnished.
Conviction of financial transaction card fraud as provided
in subsection (a) or (b) of this section is punishable as
provided in G.S. 14-113.17(a) if the value of all money, goods,
services and other things of value furnished in violation of this
section, or if the difference between the value actually
furnished and the value represented to the issuer to have been
furnished in violation of this section, does not exceed five
hundred dollars ($500.00) in any six-month period. Conviction of
financial transaction card fraud as provided in subsection (a) or
(b) of this section is punishable as provided in G.S.
14-113.17(b) if such value exceeds five hundred dollars ($500.00)
in any six-month period.
(c) A person is guilty of financial transaction card fraud
when, upon application for a financial transaction card to an
issuer, he knowingly makes or causes to be made a false statement
or report relative to his name, occupation, financial condition,
assets, or liabilities; or willfully and substantially overvalues
any assets, or willfully omits or substantially undervalues any
indebtedness for the purpose of influencing the issuer to issue a
financial transaction card.
Conviction of financial transaction card fraud as provided
in this subsection is punishable as provided in G.S.
14-113.17(a).
(c1) A person authorized by an acquirer to furnish money,
goods, services or anything else of value upon presentation of a
financial transaction card or a financial transaction card
account number by a cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer, acquirer, or
cardholder, remits to an issuer or acquirer, for payment, a
financial transaction card record of a sale, which sale was not
made by such person, his agent or employee, is guilty of
financial transaction card fraud.
Conviction of financial transaction card fraud as provided
in this subsection is punishable as provided in G.S. 14-
113.17(a).
(d) A cardholder is guilty of financial transaction card
fraud when he willfully, knowingly, and with an intent to defraud
the issuer, a person or organization providing money, goods,
services, or anything else of value, or any other person,
submits, verbally or in writing, to the issuer or any other
person, any false notice or report of the theft, loss,
disappearance, or nonreceipt of his financial transaction card.
Conviction of financial transaction card fraud as provided
in this subsection is punishable as provided in G.S.
14-113.17(a).
(e) In any prosecution for violation of G.S. 14-113.13, the
State is not required to establish and it is no defense that some
of the acts constituting the crime did not occur in this State or
within one city, county, or local jurisdiction.
(f) For purposes of this section, revocation shall be
construed to include either notice given in person or notice
given in writing to the person to whom the financial transaction
card and/or personal identification code was issued. Notice of
revocation shall be immediate when notice is given in person. The
sending of a notice in writing by registered or certified mail in
the United States mail, duly stamped and addressed to such person
at his last address known to the issuer, shall be prima
facie evidence that such notice was duly received after
seven days from the date of the deposit in the mail. If the
address is located outside the United States, Puerto Rico, the
Virgin Islands, the Canal Zone and Canada, notice shall be
presumed to have been received 10 days after mailing by
registered or certified mail. (1967, c. 1244, s. 2; 1979, c. 741,
s. 1; 1989, c. 161, s. 2.)
§14-113.14. Criminal possession of financial transaction card
forgery devices.
(a) A person is guilty of criminal possession of financial
transaction card forgery devices when:
(1) He is a person other than the cardholder and possesses
two or more incomplete financial transaction cards, with intent
to complete them without the consent of the issuer; or
(2) He possesses, with knowledge of its character,
machinery, plates, or any other contrivance designed to reproduce
instruments purporting to be financial transaction cards of an
issuer who has not consented to the preparation of such financial
transaction cards.
(b) A financial transaction card is incomplete if part of
the matter other than the signature of the cardholder, which an
issuer requires to appear on the financial transaction card
before it can be used by a cardholder, has not yet been stamped,
embossed, imprinted, encoded or written upon it.
Conviction of criminal possession of financial transaction
card forgery devices is punishable as provided in G.S.
14-113.17(b). (1967, c. 1244, s. 2; 1979, c. 741, s. 1.)
§14-113.15. Criminal receipt of goods and services
fraudulently obtained.
A person is guilty of criminally receiving goods and
services fraudulently obtained when he receives money, goods,
services or anything else of value obtained in violation of G.S.
14-113.13(a) with the knowledge or belief that the same were
obtained in violation of G.S. 14-113.13(a). Conviction of
criminal receipt of goods and services fraudulently obtained is
punishable as provided in G.S. 14- 113.17(a) if the value of all
the money, goods, services and anything else of value, obtained
in violation of this section, does not exceed five hundred
dollars ($500.00) in any six-month period; conviction of criminal
receipt of goods and services fraudulently obtained is punishable
as provided in G.S. 14-113.17(b) if such value exceeds five
hundred dollars ($500.00) in any six-month period. (1967, c.
1244, s. 2; 1979, c. 741, s. 1.)
§ 14-113.15A. Criminal factoring of financial transaction
card records.
Any person who, without the acquirer's express
authorization, employs or solicits an authorized merchant, or any
agent or employee of such merchant, to remit to an issuer or
acquirer, for payment, a financial transaction card record of a
sale, which sale was not made by such merchant, his agent or
employee, is guilty of a felony punishable as provided in G.S. 14-
113.17(b). (1989, c. 161, s. 3.)
§14-113.16. Presumption of criminal receipt of goods and
services fraudulently obtained.
A person who obtains at a discount price a ticket issued by
an airline, railroad, steamship or other transportation company
from other than an authorized agent of such company which was
acquired in violation of G.S. 14-113.13(a) without reasonable
inquiry to ascertain that the person from whom it was obtained
had a legal right to possess it shall be presumed to know that
such ticket was acquired under circumstances constituting a
violation of G.S. 14-113.13(a). (1967, c. 1244, s. 2; 1979, c.
741, s. 1.)
§ 14-113.17. Punishment and penalties.
(a) A person who is subject to the punishment and penalties
of this Article shall be guilty of a Class 2 misdemeanor.
(b) A crime punishable under this Article is punishable as
a Class I felony. (1967, c. 1244, s. 2; 1979, c. 741, s. 1; c.
760, s. 5; 1993, c. 539, ss. 55, 1183; 1994, Ex. Sess., c. 24, s.
14(c).)
ARTICLE 19C.
Financial Identity Fraud.
§ 14-113.20. Financial identity fraud.
(a) A person who knowingly obtains, possesses, or uses
personal identifying information of another person without the
consent of that other person, with the intent to fraudulently
represent that the person is the other person for the purposes of
making financial or credit transactions in the other person's
name or for the purpose of avoiding legal consequences is guilty
of a felony punishable as provided in G.S. 14-113.22(a).
(b) The term "identifying information" as used in this
section includes the following:
(1) Social security numbers.
(2) Drivers license numbers.
(3) Checking account numbers.
(4) Savings account numbers.
(5) Credit card numbers.
(6) Debit card numbers.
(7) Personal Identification (PIN) Code as defined
in G.S. 14-113.8(8).
(8) Electronic identification numbers.
(9) Digital signatures.
(10) Any other numbers or information that can be
used to access a person's financial resources.
(c) It shall not be a violation under this section for a
person to do any of the following:
(1) Lawfully obtain credit information in the
course of a bona fide consumer or commercial transaction.
(2) Lawfully exercise, in good faith, a security
interest or a right of offset by a creditor or financial
institution.
(3) Lawfully comply, in good faith, with any
warrant, court order, levy, garnishment, attachment, or other
judicial or administrative order, decree, or directive, when any
party is required to do so. (1999-449, s. 1.)
§ 14-113.21. Venue of offenses.
In any criminal proceeding brought under G.S. 14-113.20, the
crime is considered to be committed in any county in which any
part of the financial identity fraud took place, regardless of
whether the defendant was ever actually present in that county.
(1999-449, s. 1.)
§ 14-113.22. Punishment and liability.
(a) A violation of G.S. 14-113.20 is punishable as a Class
H felony, except if the victim suffers arrest, detention, or
conviction as a proximate result of the offense, then the
violation is punishable as a Class G felony.
(b) Notwithstanding subsection (a) of this section, any
person who knowingly obtains, possesses, or uses personal
identifying information of another person without the consent of
that other person, with the intent to fraudulently represent that
the person is the other person for the purposes of making
financial or credit transactions in the other person's name or
for the purpose of avoiding legal consequences, shall be liable
to the other person for civil damages of up to five thousand
dollars ($5,000) for each incident, or three times the amount of
actual damages, if any, sustained by the person damaged,
whichever amount is greater. A person damaged as set forth in
this subsection may also institute a civil action to enjoin and
restrain future acts which would constitute a violation of this
subsection. The court, in an action brought under this
subsection, may award reasonable attorneys' fees to the
prevailing party.
(c) In any case in which a person obtains identifying
information of another person in violation of G.S. 14-113.20,
uses that information to commit a crime in addition to a
violation of G.S. 14-113.20, and is convicted of that additional
crime, the court records shall reflect that the person whose
identity was falsely used to commit the crime did not commit the
crime. (1999-449, s. 1.)
§ 14-113.23. Authority of the Attorney General.
The Attorney General may investigate any complaint regarding
financial identity fraud under this Article. In conducting these
investigations, the Attorney General has all the investigative
powers available to the Attorney General under Article 1 of
Chapter 75 of the General Statutes. The Attorney General shall
refer all cases of financial identity fraud under G.S. 14-113.20
to the district attorney in the county where the crime was deemed
committed in accordance with G.S. 14-113.21. (1999-449, s. 1.)
ARTICLE 20.
Frauds.
§ 14-114. Fraudulent disposal of personal
property on which there is a security interest.
(a) If any person, after executing a security agreement on
personal property for a lawful purpose, shall make any
disposition of any property embraced in such security agreement,
with intent to defeat the rights of the secured party, every
person so offending and every person with a knowledge of the
security interest buying any property embraced in which security
agreement, and every person assisting, aiding or abetting the
unlawful disposition of such property, with intent to defeat the
rights of any secured party in such security agreement, shall be
guilty of a Class 2 misdemeanor.
A person's refusal to turn over secured property to a
secured party who is attempting to repossess the property without
a judgment or order for possession shall not, by itself, be a
violation of this section.
(b) Intent to commit the crime as set forth in subsection
(a) may be presumed from proof of possession of the property
embraced in such security agreement by the grantor thereof after
execution of the security agreement, and while it is in force,
the further proof of the fact that the sheriff or other officer
charged with the execution of process cannot after due diligence
find such property under process directed to him for its seizure,
for the satisfaction of such security agreement. However, this
presumption may be rebutted by evidence that the property has,
through no fault of the defendant, been stolen, lost, damaged
beyond repair, or otherwise disposed of by the defendant without
intent to defeat the rights of the secured party. (1873-4, c. 31;
1874-5, c. 215; 1883, c. 61; Code, s. 1089; 1887, c. 14; Rev., s.
3435; C.S., s. 4287; 1969, c. 984, s. 2; c. 1224, s. 4; 1987
(Reg. Sess., 1988), c. 1065, s. 1; 1993, c. 539, s. 56; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-115. Secreting property to hinder enforcement of
lien or security interest.
Any person who, with intent to prevent or hinder the
enforcement of a lien or security interest after a judgment or
order has been issued for possession for that personal property
subject to said lien or security interest, either refuses to
surrender such personal property in his possession to a law
enforcement officer, or removes, or exchanges, or secretes such
personal property, shall be guilty of a Class 2 misdemeanor.
(1887, c. 14; Rev., s. 3436; C.S., s. 4288; 1969, c. 984, s. 3;
c. 1224, s. 1; 1987 (Reg. Sess., 1988), c. 1065, s. 2; 1989, c.
401; 1993, c. 539, s. 57; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-116: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 767, s. 30(1).
§ 14-117. Fraudulent and deceptive
advertising.
It shall be unlawful for any person, firm, corporation or
association, with intent to sell or in anywise to dispose of
merchandise, securities, service or any other thing offered by
such person, firm, corporation or association, directly or
indirectly, to the public for sale or distribution, or with
intent to increase the consumption thereof, or to induce the
public in any manner to enter into any obligation relating
thereto, or to acquire title thereto, or an interest therein, to
make public, disseminate, circulate or place before the public or
cause directly or indirectly to be made, published, disseminated,
circulated or placed before the public in this State, in a
newspaper or other publication, or in the form of a book, notice,
handbill, poster, bill, circular, pamphlet or letter, or in any
other way, an advertisement of any sort regarding merchandise,
securities, service or any other thing so offered to the public,
which advertisement contains any assertion, representation or
statement of fact which is untrue, deceptive or misleading:
Provided, that such advertising shall be done willfully and with
intent to mislead. Any person who shall violate the provisions
of this section shall be guilty of a Class 2 misdemeanor. (1915,
c. 218; C.S., s. 4290; 1993, c. 539, s. 59; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-117.1: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(5).
§ 14-117.2. Gasoline price advertisements.
(a) Advertisements by any person or firm of the price of
any grade of motor fuel must clearly so indicate if such price is
dependent upon purchaser himself drawing or pumping the fuel.
(b) Any person or firm violating the provisions of this
section shall be guilty of a Class 3 misdemeanor. (1971, c. 324,
ss. 1, 2; 1993, c. 539, s. 60; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-118. Blackmailing.
If any person shall knowingly send or deliver any letter or
writing demanding of any other person, with menaces and without
any reasonable or probable cause, any chattel, money or valuable
security; or if any person shall accuse, or threaten to accuse,
or shall knowingly send or deliver any letter or writing accusing
or threatening to accuse any other person of any crime punishable
by law with death or by imprisonment in the State's prison, with
the intent to extort or gain from such person any chattel, money
or valuable security, every such offender shall be guilty of a
Class 1 misdemeanor. (R.C., c. 34, s. 110; Code, s. 989; Rev., s.
3428; C.S., s. 4291; 1993, c. 539, s. 61; 1994, Ex. Sess., c. 24,
s. 14(c).)
§ 14-118.1. Simulation of court process in
connection with collection of claim, demand or account.
It shall be unlawful for any person, firm, corporation,
association, agent or employee in any manner to coerce,
intimidate, or attempt to coerce or intimidate any person in
connection with any claim, demand or account, by the issuance,
utterance or delivery of any matter, printed, typed or written,
which (i) simulates or resembles a summons, warrant, writ or
other court process or pleading; or (ii) by its form, wording,
use of the name of North Carolina or any officer, agency or
subdivision thereof, use of seals or insignia, or general
appearance has a tendency to create in the mind of the ordinary
person the false impression that it has judicial or other
official authorization, sanction or approval. Any violation of
the provisions of this section shall be a Class 2 misdemeanor.
(1961, c. 1188; 1979, c. 263; 1993, c. 539, s. 62; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-118.2. Assisting, etc., in obtaining
academic credit by fraudulent means.
(a) It shall be unlawful for any person, firm, corporation
or association to assist any student, or advertise, offer or
attempt to assist any student, in obtaining or in attempting to
obtain, by fraudulent means, any academic credit, grade or test
score, or any diploma, certificate or other instrument purporting
to confer any literary, scientific, professional, technical or
other degree in any course of study in any university, college,
academy or other educational institution. The activity prohibited
by this subsection includes, but is not limited to, preparing or
advertising, offering, or attempting to prepare a term paper,
thesis, or dissertation for another; impersonating or
advertising, offering or attempting to impersonate another in
taking or attempting to take an examination; and the giving or
changing of a grade or test score or offering to give or change a
grade or test score in exchange for an article of value or money.
(b) Any person, firm, corporation or association violating
any of the provisions of this section shall be guilty of a Class
2 misdemeanor. This section includes the acts of a teacher or
other school official; however, the provisions of this section
shall not apply to the acts of one student in assisting another
student as herein defined if the former is duly registered in an
educational institution in North Carolina and is subject to the
disciplinary authority thereof. (1963, c. 781; 1969, c. 1224, s.
7; 1989, c. 144; 1993, c. 539, s. 63; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-118.3. Acquisition and use of information
obtained from patients in hospitals for fraudulent purposes.
It shall be unlawful for any person, firm or corporation, or
any officer, agent or other representative of any person, firm or
corporation to obtain or seek to obtain from any person while a
patient in any hospital information concerning any illness,
injury or disease of such patient, other than information
concerning the illness, injury or disease for which such patient
is then hospitalized and being treated, for a fraudulent purpose,
or to use any information so obtained in regard to such other
illness, injury or disease for a fraudulent purpose.
Any person, firm or corporation violating the provisions of
this section shall be guilty of a Class 2 misdemeanor. (1967, c.
974; 1969, c. 1224, s. 5; 1993, c. 539, s. 64; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 14-118.4. Extortion.
Any person who threatens or communicates a threat or threats
to another with the intention thereby wrongfully to obtain
anything of value or any acquittance, advantage, or immunity is
guilty of extortion and such person shall be punished as a Class
F felon. (1973, c. 1032; 1979, c. 760, s. 5; 1979, 2nd Sess., c.
1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s.
1184; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-118.5. Theft of cable television
service.
(a) Any person, firm or corporation who, after October 1,
1984, knowingly and willfully attaches or maintains an
electronic, mechanical or other connection to any cable, wire,
decoder, converter, device or equipment of a cable television
system or removes, tampers with, modifies or alters any cable,
wire, decoder, converter, device or equipment of a cable
television system for the purpose of intercepting or receiving
any programming or service transmitted by such cable television
system which person, firm or corporation is not authorized by the
cable television system to receive, is guilty of a Class 3
misdemeanor which may include a fine not exceeding five hundred
dollars ($500.00). Each unauthorized connection, attachment,
removal, modification or alteration shall constitute a separate
violation.
(b) Any person, firm or corporation who knowingly and
willfully, without the authorization of a cable television
system, distributes, sells, attempts to sell or possesses for
sale in North Carolina any converter, decoder, device, or kit,
that is designed to decode or descramble any encoded or scrambled
signal transmitted by such cable television system, is guilty of
a Class 3 misdemeanor which may include a fine not exceeding five
hundred dollars ($500.00). The term "encoded or scrambled signal"
shall include any signal or transmission that is not intended to
produce an intelligible program or service without the aid of a
decoder, descrambler, filter, trap or other electronic or
mechanical device.
(c) Any cable television system may institute a civil
action to enjoin and restrain any violation of this section, and
in addition, such cable television system shall be entitled to
civil damages in the following amounts:
(1) For each violation of subsection (a), three
hundred dollars ($300.00) or three times the amount of actual
damages, if any, sustained by the plaintiff, whichever amount is
greater.
(2) For each violation of subsection (b), one
thousand dollars ($1,000) or three times the amount of actual
damages, if any, sustained by the plaintiff, whichever amount is
greater.
(d) It is not a necessary prerequisite to a civil action
instituted pursuant to this section that the plaintiff has
suffered or will suffer actual damages.
(e) Proof that any equipment, cable, wire, decoder,
converter or device of a cable television system was modified,
removed, altered, tampered with or connected without the consent
of such cable system in violation of this section shall be
prima facie evidence that such action was taken knowingly
and willfully by the person or persons in whose name the cable
system's equipment, cable, wire, decoder, converter or device is
installed or the person or persons regularly receiving the
benefits of cable services resulting from such unauthorized
modification, removal, alteration, tampering or connection.
(f) The receipt, decoding or converting of a signal from
the air by the use of a satellite dish or antenna shall not
constitute a violation of this section.
(g) Cable television systems may refuse to provide service
to anyone who violates subsection (a) of this section whether or
not the alleged violator has been prosecuted thereunder. (1977,
2nd Sess., c. 1185, s. 1; 1983 (Reg. Sess., 1984), c. 1088, s. 1;
1993, c. 539, s. 65; 1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 21.
Forgery.
§ 14-119. Forgery of notes, checks, and other
securities.
(a) If a person makes, forges, or counterfeits:
(1) Any bill, note, warrant, check, order, or
similar instrument in imitation of, or purporting to be, a bill,
note, warrant, check, order, or similar instrument of or on any
financial institution or governmental unit, or any cashier or
officer of such an institution or unit; or
(2) Any security purporting to be issued by, or on
behalf of, any corporation, financial institution, or
governmental unit,
with the intent to injure or defraud any person, corporation,
financial institution, or governmental unit, he shall be punished
as a Class I felon.
(b) For purposes of this section:
(1) "Financial institution" means any mutual fund,
money market fund, credit union, savings and loan association,
bank, or similar institution.
(2) "Governmental unit" means the United States,
any United States territory, any state of the United States, or
any political subdivision of any state. (1819, c. 994, s. 1,
P.R.; R.C., c. 34, s. 60; Code, s. 1030; Rev., s. 3419; C.S., s.
4293; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981,
c. 63, s. 1, c. 179, s. 14; 1983, c. 397, s. 1.)
§ 14-120. Uttering forged paper or instrument
containing a forged endorsement.
If any person, directly or indirectly, whether for the sake
of gain or with intent to defraud or injure any other person,
shall utter or publish any such false, forged or counterfeited
instrument as is mentioned in G.S. 14-119, or shall pass or
deliver, or attempt to pass or deliver, any of them to another
person (knowing the same to be falsely forged or counterfeited)
the person so offending shall be punished as a Class I felon. If
any person, directly or indirectly, whether for the sake of gain
or with intent to defraud or injure any other person, shall
falsely make, forge or counterfeit any endorsement on any
instrument described in the preceding section, whether such
instrument be genuine or false, or shall knowingly utter or
publish any such instrument containing a false, forged or
counterfeited endorsement or, knowing the same to be falsely
endorsed, shall pass or deliver or attempt to pass or deliver any
such instrument containing a forged endorsement to another
person, the person so offending shall be guilty of a Class I
felony. (1819, c. 994, s. 2, P.R.; R.C., c. 34, s. 61; Code, s.
1031; Rev., s. 3427; 1909, c. 666; C.S., s. 4294; 1961, c. 94;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1983, c. 397, s. 2; 1993, c. 539, s. 1185;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-121. Selling of certain forged
securities.
If any person shall sell, by delivery, endorsement or
otherwise, to any other person, any judgment for the recovery of
money purporting to have been rendered by a magistrate, or any
bond, promissory note, bill of exchange, order, draft or
liquidated account purporting to be signed by the debtor (knowing
the same to be forged), the person so offending shall be punished
as a Class H felon. (R.C., c. 34, s. 63; Code, s. 1033; Rev., s.
3425; C.S., s. 4295; 1973, c. 108, s. 2; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1993, c. 539, s. 1186; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-122. Forgery of deeds, wills and certain
other instruments.
If any person, of his own head and imagination, or by false
conspiracy or fraud with others, shall wittingly and falsely
forge and make, or shall cause or wittingly assent to the forging
or making of, or shall show forth in evidence, knowing the same
to be forged, any deed, lease or will, or any bond, writing
obligatory, bill of exchange, promissory note, endorsement or
assignment thereof; or any acquittance or receipt for money or
goods; or any receipt or release for any bond, note, bill or any
other security for the payment of money; or any order for the
payment of money or delivery of goods, with intent, in any of
said instances, to defraud any person or corporation, and thereof
shall be duly convicted, the person so offending shall be
punished as a Class H felon. (5 Eliz., c. 14, ss. 2, 3; 21 James
I, c. 26; 1801, c. 572, P.R.; R.C., c. 34, s. 59; Code, s. 1029;
Rev., s. 3424; C.S., s. 4296; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.
539, s. 1187; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-122.1. Falsifying documents issued by a secondary
school, postsecondary educational institution, or governmental
agency.
(a) It shall be unlawful for any person knowingly and
willfully:
(1) To make falsely or alter falsely, or to procure
to be made falsely or altered falsely, or to aid or assist in
making falsely or altering falsely, a diploma, certificate,
license, or transcript signifying merit or achievement in an
educational program issued by a secondary school, a postsecondary
educational institution, or a governmental agency;
(2) To sell, give, buy, or obtain, or to procure to
be sold, given, bought, or obtained, or to aid or assist in
selling, giving, buying, or obtaining, a diploma, certificate,
license, or transcript, which he knows is false, signifying merit
or achievement in an educational program issued by a secondary
school, a postsecondary educational institution, or a
governmental agency;
(3) To use, offer, or present as genuine a falsely
made or falsely altered diploma, certificate, license, or
transcript signifying merit or achievement in an educational
program issued by a secondary school, a postsecondary educational
institution, or a governmental agency, which he knows is false;
or
(4) To make a false written representation of fact
that he has received a degree or other certification signifying
merit, achievement, or completion of an educational program
involving study, experience, or testing from a secondary school,
a postsecondary educational institution or governmental agency in
an application for:
(a) Employment;
(b) Admission to an educational program;
(c) Award; or
(d) For the purpose of inducing another to
issue a diploma, certificate, license, or transcript signifying
merit or achievement in an educational program of a secondary
school, postsecondary educational institution, or a governmental
agency.
(b) As used in this section, "postsecondary educational
institution" means a technical college, community college, junior
college, college, or university. As used in this section,
"governmental agency" means any agency of a State or local
government or of the federal government. As used in this
section, "secondary school" means grades 9 through 12.
(c) Any person who violates a provision of this section
shall be guilty of a Class 1 misdemeanor. (1981, c. 146, s. 1;
1987, c. 388; 1993, c. 539, s. 66; 1994, Ex. Sess., c. 24, s.
14(c).)
§14-123. Forging names to petitions and uttering forged
petitions.
If any person shall willfully sign, or cause to be signed,
or willfully assent to the signing of the name of any person
without his consent, or of any deceased or fictitious person, to
any petition or recommendation with the intent of procuring any
commutation of sentence, pardon or reprieve of any person
convicted of any crime or offense, or for the purpose of
procuring such pardon, reprieve or commutation to be refused or
delayed by any public officer, or with the intent of procuring
from any person whatsoever, either for himself or another, any
appointment to office, or to any position of honor or trust, or
with the intent to influence the official action of any public
officer in the management, conduct or decision of any matter
affecting the public, he shall be punished as a Class I felon;
and if any person shall willfully use any such paper for any of
the purposes or intents above recited, knowing that any part of
the signatures to such petition or recommendation has been signed
thereto without the consent of the alleged signers, or that names
of any dead or fictitious persons are signed thereto, he shall be
guilty of a felony, and shall be punished in like manner. (1883,
c. 275; Code, s. 1034; Rev., s. 3426; C.S., s. 4297; 1979, c.
760, s. 5.)
§14-124. Forging certificate of corporate stock and uttering
forged certificates.
If any officer or agent of a corporation shall, falsely and
with a fraudulent purpose, make, with the intent that the same
shall be issued and delivered to any other person by name or as
holder or bearer thereof, any certificate or other writing,
whereby it is certified or declared that such person, holder or
bearer is entitled to or has an interest in the stock of such
corporation, when in fact such person, holder or bearer is not so
entitled, or is not entitled to the amount of stock in such
certificate or writing specified; or if any officer or agent of
such corporation, or other person, knowing such certificate or
other writing to be false or untrue, shall transfer, assign or
deliver the same to another person, for the sake of gain, or with
the intent to defraud the corporation, or any member thereof, or
such person to whom the same shall be transferred, assigned or
delivered, the person so offending shall be punished as a Class I
felon. (R.C., c. 34, s. 62; Code, s. 1032; Rev., s. 3421; C.S.,
s. 4298; 1979, c. 760, s. 5.)
§14-125. Forgery of bank notes and other instruments by
connecting genuine parts.
If any person shall fraudulently connect together different
parts of two or more bank notes, or other genuine instruments, in
such a manner as to produce another note or instrument, with
intent to pass all of them as genuine, the same shall be deemed a
forgery, and the instrument so produced a forged note, or forged
instrument, in like manner as if each of them had been falsely
made or forged. (R.C., c. 34, s. 66; Code, s. 1037; Rev., s.
3420; C.S., s. 4299.)
SUBCHAPTER VI. CRIMINAL TRESPASS.
ARTICLE 22.
Damages and Other Offenses to Land and Fixtures.
§ 14-126: Repealed by Session Laws 1987, c. 700, s.
2.
§ 14-127. Willful and wanton injury to real
property.
If any person shall willfully and wantonly damage, injure or
destroy any real property whatsoever, either of a public or
private nature, he shall be guilty of a Class 1 misdemeanor.
(R.C., c. 34, s. 111; 1873-4, c. 176, s. 5; Code, s. 1081; Rev.,
s. 3677; C.S., s. 4301; 1967, c. 1083; 1993, c. 539, s. 67; 1994,
Ex. Sess., c. 24, s. 14(c).)
§ 14-128. Injury to trees, crops, lands, etc.,
of another.
Any person, not being on his own lands, who shall without
the consent of the owner thereof, willfully commit any damage,
injury, or spoliation to or upon any tree, wood, underwood,
timber, garden, crops, vegetables, plants, lands, springs, or any
other matter or thing growing or being thereon, or who cuts,
breaks, injures, or removes any tree, plant, or flower, shall be
guilty of a Class 1 misdemeanor: Provided, however, that this
section shall not apply to the officers, agents, and employees of
the Department of Transportation while in the discharge of their
duties within the right-of-way or easement of the Department of
Transportation. (Ex. Sess. 1924, c. 54; 1957, c. 65, s. 11, c.
754; 1965, c. 300, s. 1; 1969, c. 22, s. 1; 1973, c. 507, s. 5;
1977, c. 464, s. 34; 1993, c. 539, s. 68; 1994, Ex. Sess., c. 24,
s. 14(c).)
§14-128.1. Repealed by Session Laws 1979, c. 964, s. 2,
effective July 1, 1980.
§ 14-129. Taking, etc., of certain wild plants
from land of another.
No person, firm or corporation shall dig up, pull up or take
from the land of another or from any public domain, the whole or
any part of any Venus flytrap (Dionaea muscipula), trailing
arbutus, Aaron's Rod (Thermopsis caroliniana), Bird-foot Violet
(Viola pedata), Bloodroot (Sanguinaria canadensis), Blue Dogbane
(Amsonia tabernaemontana), Cardinal-flower (Lobelia cardinalis),
Columbine (Aquilegia canadensis), Dutchman's Breeches (Dicentra
cucullaria), Maidenhair Fern (Adiantum pedatum), Walking Fern
(Camptosorus rhizophyllus), Gentians (Gentiana), Ginseng (Panax
quinquefolium), Ground Cedar, Running Cedar, Hepatica (Hepatica
americana and acutiloba), Jack-in-the-Pulpit (Arisaema
triphyllum), Lily (Lilium), Lupine (Lupinus), Monkshood (Aconitum
uncinatum and reclinatum), May Apple (Podophyllum peltatum),
Orchids (all species), Pitcher Plant (Sarracenia), Sea Oats
(Uniola paniculata), Shooting Star (Dodecatheon meadia), Oconee
Bells (Shortia galacifolia), Solomon's Seal (Polygonatum),
Trailing Christmas (Greens-Lycopodium), Trillium (Trillium),
Virginia Bluebells (Mertensia virginica), and Fringe Tree
(Chionanthus virginicus), American holly, white pine, red cedar,
hemlock or other coniferous trees, or any flowering dogwood, any
mountain laurel, any rhododendron, or any ground pine, or any
Christmas greens, or any Judas tree, or any leucothea, or any
azalea, without having in his possession a permit to dig up, pull
up or take such plants, signed by the owner of such land, or by
his duly authorized agent. Any person convicted of violating the
provisions of this section shall be guilty of a Class 3
misdemeanor only punished by a fine of not less than ten dollars
($10.00) nor more than fifty dollars ($50.00) for each offense.
The provisions of this section shall not apply to the Counties of
Cabarrus, Carteret, Catawba, Cherokee, Chowan, Cumberland,
Currituck, Dare, Duplin, Edgecombe, Franklin, Gaston, Granville,
Hertford, McDowell, Pamlico, Pender, Person, Richmond,
Rockingham, Rowan and Swain. (1941, c. 253; 1951, c. 367, s. 1;
1955, cc. 251, 962; 1961, c. 1021; 1967, c. 355; 1971, c. 951;
1993, c. 539, s. 69, c. 553, s. 9; 1994, Ex. Sess., c. 24, s.
14(c).)
§14-129.1. Repealed by Session Laws 1979, c. 964, s. 2,
effective July 1, 1980.
§ 14-130. Trespass on public lands.
If any person shall erect a building on any state-owned
lands, or cultivate or remove timber from any such lands, without
the permission of the State, he shall be guilty of a Class 1
misdemeanor. Moreover, the State can recover from any person
cutting timber on its land three times the value of the timber
which is cut. (1823, c. 1190, P.R.; 1842, c. 36, s. 4; R.C., c.
34, s. 42; Code, s. 1121; Rev., s. 3746; 1909, c. 891; C.S., s.
4302; 1979, c. 15; 1993, c. 539, s. 70; 1994, Ex. Sess., c. 24,
s. 14(c).)
§ 14-131. Trespass on land under option by the
federal government.
On lands under option which have formally or informally been
offered to and accepted by the North Carolina Department of
Environment and Natural Resources by the acquiring federal agency
and tentatively accepted by said Department for administration as
State forests, State parks, State game refuges or for other
public purposes, it shall be unlawful to cut, dig, break, injure
or remove any timber, lumber, firewood, trees, shrubs or other
plants; or any fence, house, barn or other structure; or to
pursue, trap, hunt or kill any bird or other wild animals or take
fish from streams or lakes within the boundaries of such areas
without the written consent of the local official of the United
States having charge of the acquisition of such lands.
Any person, firm or corporation convicted of the violation
of this section shall be guilty of a Class 3 misdemeanor.
The Department of Environment and Natural Resources through
its legally appointed forestry, fish and game wardens is hereby
authorized and empowered to assist the county law-enforcement
officers in the enforcement of this section. (1935, c. 317; 1973,
c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 218(2);
1993, c. 539, s. 71; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443,
s. 11A.119(a).)
§ 14-132. Disorderly conduct in and injuries to
public buildings and facilities.
(a) It is a misdemeanor if any person shall:
(1) Make any rude or riotous noise, or be guilty of
any disorderly conduct, in or near any public building or
facility; or
(2) Unlawfully write or scribble on, mark, deface,
besmear, or injure the walls of any public building or facility,
or any statue or monument situated in any public place; or
(3) Commit any nuisance in or near any public
building or facility.
(b) Any person in charge of any public building or facility
owned or controlled by the State, any subdivision of the State,
or any other public agency shall have authority to arrest
summarily and without warrant for a violation of this section.
(c) The term "public building or facility" as used in this
section includes any building or facility which is:
(1) One to which the public or a portion of the
public has access and is owned or controlled by the State, any
subdivision of the State, any other public agency, or any private
institution or agency of a charitable, educational, or
eleemosynary nature; or
(2) Dedicated to the use of the general public for
a purpose which is primarily concerned with public recreation,
cultural activities, and other events of a public nature or
character.
(3) Designated by the Attorney General in
accordance with G.S. 114-20.1.
The term "building or facility" as used in this section also
includes the surrounding grounds and premises of any building or
facility used in connection with the operation or functioning of
such building or facility.
(d) Any person who violates any provision of this section
is guilty of a Class 2 misdemeanor. (1829, c. 29, ss. 1, 2; 1842,
c. 47; R.C., c. 103, ss. 7, 8; Code, s. 2308; Rev., s. 3742;
1915, c. 269; C.S., s. 4303; 1969, c. 869, s. 7 1/2, c. 1224, s.
2; 1981, c. 499, s. 2; 1993, c. 539, s. 72; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-132.1. Repealed by Session Laws 1987, c. 700,
s. 2.
§ 14-132.2. Willfully trespassing upon or
damaging a public school bus.
(a) Any person who shall unlawfully and willfully demolish,
destroy, deface, injure, burn or damage any public school bus or
public school activity bus shall be guilty of a Class 1
misdemeanor.
(b) Any person who shall enter a public school bus or
public school activity bus after being forbidden to do so by the
authorized school bus driver in charge thereof, or the school
principal to whom the public school bus or public school activity
bus is assigned, shall be guilty of a Class 2 misdemeanor.
(c) Any occupant of a public school bus or public school
activity bus who shall refuse to leave said bus upon demand of
the authorized driver in charge thereof, or upon demand of the
principal of the school to which said bus is assigned, shall be
guilty of a Class 2 misdemeanor.
(d) Subsections (b) and (c) of this section shall not apply
to a child less than 12 years of age, or authorized professional
school personnel. (1975, c. 191, s. 1; 1993, c. 539, s. 73; 1994,
Ex. Sess., c. 24, s. 14(c).)
§ 14-133: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 767, s. 30(2).
§ 14-134. Repealed by Session Laws 1987, c. 700, s.
2.
§14-134.1. Repealed by Session Laws 1977, c. 887, s. 2.
§ 14-134.2. Operating motor vehicle upon
utility easements after being forbidden to do so.
If any person, without permission, shall ride, drive or
operate a minibike, motorbike, motorcycle, jeep, dune buggy,
automobile, truck or any other motor vehicle, other than a
motorized all terrain vehicle as defined in G.S. 14-159.3, upon a
utility easement upon which the owner or holder of the easement
or agent of the owner or holder of the easement has posted on the
easement a "no trespassing" sign or has otherwise given oral or
written notice to the person not to so ride, drive or operate
such a vehicle upon the said easement, he shall be guilty of a
Class 3 misdemeanor, provided, however, neither the owner of the
property nor the holder of the easement or their agents,
employees, guests, invitees or permittees shall be guilty of a
violation under this section. (1975, c. 636, s. 1; 1993, c. 539,
s. 75; 1994, Ex. Sess., c. 24, s. 14(c); 1997-487, s. 2.)
§ 14-134.3. Domestic criminal trespass.
(a) Any person who enters after being forbidden to do so or
remains after being ordered to leave by the lawful occupant, upon
the premises occupied by a present or former spouse or by a
person with whom the person charged has lived as if married,
shall be guilty of a misdemeanor if the complainant and the
person charged are living apart; provided, however, that no
person shall be guilty if said person enters upon the premises
pursuant to a judicial order or written separation agreement
which gives the person the right to enter upon said premises for
the purpose of visiting with minor children. Evidence that the
parties are living apart shall include but is not necessarily
limited to:
(1) A judicial order of separation;
(2) A court order directing the person charged to
stay away from the premises occupied by the complainant;
(3) An agreement, whether verbal or written,
between the complainant and the person charged that they shall
live separate and apart, and such parties are in fact living
separate and apart; or
(4) Separate places of residence for the
complainant and the person charged.
Except as provided in subsection (b) of this section, upon
conviction, said person is guilty of a Class 1 misdemeanor.
(b) A person convicted of a violation of this section is
guilty of a Class G felony if the person is trespassing upon
property operated as a safe house or haven for victims of
domestic violence and the person is armed with a deadly weapon at
the time of the offense. (1979, c. 561, s. 2; 1993, c. 539, s.
76; 1994, Ex. Sess., c. 24, s. 14(c); 1998-212, s. 17.19(a).)
§ 14-135. Cutting, injuring, or removing
another's timber.
If any person not being the bona fide owner thereof, shall
knowingly and willfully cut down, injure or remove any standing,
growing or fallen tree or log, the property of another, he shall
be guilty of a Class 1 misdemeanor. (1889, c. 168; Rev., s. 3687;
C.S., s. 4306; 1957, c. 1437, s. 1; 1993, c. 539, s. 77; 1994,
Ex. Sess., c. 24, s. 14(c).)
§ 14-136. Setting fire to grass and brushlands
and woodlands.
If any person shall intentionally set fire to any grassland,
brushland or woodland, except it be his own property, or in that
case without first giving notice to all persons owning or in
charge of lands adjoining the land intended to be fired, and
without also taking care to watch such fire while burning and to
extinguish it before it shall reach any lands near to or
adjoining the lands so fired, he shall for every such offense be
guilty of a Class 2 misdemeanor for the first offense, and for a
second or any subsequent similar offense shall be guilty of a
Class 1 misdemeanor. If intent to damage the property of another
shall be shown, said person shall be punished as a Class I felon.
This section shall not prevent an action for the damages
sustained by the owner of any property from such fires. For the
purposes of this section, the term "woodland" is to be taken to
include all forest areas, both timber and cutover land, and all
second-growth stands on areas that have at one time been
cultivated. Any person who shall furnish to the State, evidence
sufficient for the conviction of a violation of this section
shall receive the sum of five hundred dollars ($500.00) to be
paid from the State Fire Suppression Fund. (1777, c. 123, ss. 1,
2, P.R.; R.C., c. 16, ss. 1, 2; Code, ss. 52, 53; Rev., s. 3346;
1915, c. 243, ss. 8, 11; 1919, c. 318; C.S., s. 4309; 1925, c.
61, s. 1; 1943, c. 661; 1979, c. 760, s. 5; 1979, 2nd Sess., c.
1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14, c. 892; 1993, c.
539, ss. 78, 1188; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-137. Willfully or negligently setting fire to
woods and fields.
If any person, firm or corporation shall willfully or
negligently set on fire, or cause to be set on fire, any woods,
lands or fields, whatsoever, every such offender shall be guilty
of a Class 2 misdemeanor. This section shall apply only in those
counties under the protection of the Department of Environment
and Natural Resources in its work of forest fire control. It
shall not apply in the case of a landowner firing, or causing to
be fired, his own open, nonwooded lands, or fields in connection
with farming or building operations at the time and in the manner
now provided by law: Provided, he shall have confined the fire at
his own expense to said open lands or fields. (1907, c. 320, ss.
4, 5; C.S., s. 4310; 1925, c. 61, s. 2; 1941, c. 258; 1973, c.
1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 218(3); 1993,
c. 539, s. 79; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s.
11A.119(a).)
§ 14-138: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(6).
§ 14-138.1. Setting fire to grassland,
brushland, or woodland.
Any person, firm, corporation, or other legal entity who
shall in any manner whatsoever start any fire upon any grassland,
brushland, or woodland without fully extinguishing the same,
shall be guilty of a Class 3 misdemeanor which may include a fine
of not less than ten dollars ($10.00) or more than fifty dollars
($50.00). For the purpose of this section, the term "woodland"
includes timber and cutover land and all second growth stands on
areas that were once cultivated. (1995, c. 210, s. 1.)
§14-139. Repealed by Session Laws 1981, c. 1100, s. 1.
§ 14-140: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 767, s. 30(3).
§ 14-140.1. Certain fire to be guarded by
watchman.
Any person, firm, corporation, or other legal entity who
shall burn any brush, grass, or other material whereby any
property may be endangered or destroyed, without keeping and
maintaining a careful watchman in charge of the burning, shall be
guilty of a Class 3 misdemeanor which may include a fine of not
less than ten dollars ($10.00) or more than fifty dollars
($50.00). Fire escaping from the brush, grass, or other material
while burning shall be prima facie evidence of violation of this
provision. (1995, c. 210, s. 2.)
§ 14-141. Burning or otherwise destroying crops
in the field.
Any person who shall willfully burn or destroy any other
person's lawfully grown crop, pasture, or provender shall be
punished as follows:
(1) If the damage is two thousand dollars ($2,000)
or less, the person is guilty of a Class 1 misdemeanor.
(2) If the damage is more than two thousand dollars
($2,000), the person is guilty of a Class I felony. (1874-5, c.
133; Code, s. 985, subsec. 2; 1885, c. 42; Rev., s. 3339; C.S.,
s. 4313; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47;
1981, c. 63, s. 1, c. 179, s. 14; 1991, c. 534; 1993, c. 539, s.
81; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-142. Injuries to dams and water channels
of mills and factories.
If any person shall cut away, destroy or otherwise injure
any dam, or part thereof, or shall obstruct or damage any race,
canal or other water channel erected, opened, used or constructed
for the purpose of furnishing water for the operation of any
mill, factory or machine works, or for the escape of water
therefrom, he shall be guilty of a Class 2 misdemeanor. (1866, c.
48; Code, s. 1087; Rev., s. 3678; C.S., s. 4315; 1969, c. 1224,
s. 13; 1993, c. 539, s. 82; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-143. Repealed by Session Laws 1987, c. 700, s.
2.
§ 14-144. Injuring houses, churches, fences and
walls.
If any person shall, by any other means than burning or
attempting to burn, unlawfully and willfully demolish, destroy,
deface, injure or damage any of the houses or other buildings
mentioned in this Chapter in the Article entitled Arson and Other
Burnings; or shall by any other means than burning or attempting
to burn unlawfully and willfully demolish, pull down, destroy,
deface, damage or injure any church, uninhabited house, outhouse
or other house or building not mentioned in such article; or
shall unlawfully and willfully burn, destroy, pull down, injure
or remove any fence, wall or other inclosure, or any part
thereof, surrounding or about any yard, garden, cultivated field
or pasture, or about any church or graveyard, or about any
factory or other house in which machinery is used, every person
so offending shall be guilty of a Class 2 misdemeanor. (R.C., c.
34, s. 103; Code, s. 1062; Rev., s. 3673; C.S., s. 4317; 1957, c.
250, s. 2; 1969, c. 1224, s. 1; 1993, c. 539, s. 83; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-145. Unlawful posting of
advertisements.
Any person who in any manner paints, prints, places, or
affixes, or causes to be painted, printed, placed, or affixed,
any business or commercial advertisement on or to any stone,
tree, fence, stump, pole, automobile, building, or other object,
which is the property of another without first obtaining the
written consent of such owner thereof, or who in any manner
paints, prints, places, puts, or affixes, or causes to be
painted, printed, placed, or affixed, such an advertisement on or
to any stone, tree, fence, stump, pole, mile-board, milestone,
danger-sign, danger-signal, guide-sign, guide-post, automobile,
building or other object within the limits of a public highway,
shall be guilty of a Class 3 misdemeanor. (Ex. Sess. 1924, c.
109; 1993, c. 539, s. 84; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-146. Injuring bridges.
If any person shall unlawfully and willfully demolish,
destroy, break, tear down, injure or damage any bridge across any
of the creeks or rivers or other streams in the State, he shall
be guilty of a Class 1 misdemeanor. (1883, c. 271; Code, s. 993;
Rev., s. 3771; C.S., s. 4318; 1993, c. 539, s. 85; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-147. Removing, altering or defacing
landmarks.
If any person, firm or corporation shall knowingly remove,
alter or deface any landmark in anywise whatsoever, or shall
knowingly cause such removal, alteration or defacement to be
done, such person, firm or corporation shall be guilty of a Class
2 misdemeanor. This section shall not apply to landmarks, such
as creeks and other small streams, which the interest of
agriculture may require to be altered or turned from their
channels, nor to such persons, firms or corporations as own the
fee simple in the lands on both sides of the lines designated by
the landmarks removed, altered or defaced. Nor shall this
section apply to those adjoining landowners who may by agreement
remove, alter or deface landmarks in which they alone are
interested. (1858-9, c. 17; Code, s. 1063; Rev., s. 3674; 1915,
c. 248; C.S., s. 4319; 1993, c. 539, s. 86; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-148. Defacing or desecrating grave
sites.
(a) It is unlawful to willfully:
(1) Throw, place or put any refuse, garbage or
trash in or on any cemetery;
(2) Take away, disturb, vandalize, destroy or
change the location of any stone, brick, iron or other material
or fence enclosing a cemetery without authorization of law or
consent of the surviving spouse or next of kin of the deceased
thereby causing damage of less than one thousand dollars
($1,000); or
(3) Take away, disturb, vandalize, destroy, tamper
with or deface any tombstone, headstone, monument, grave marker,
grave ornamentation, grave artifacts, shrubbery, flowers, plants
or other articles within any cemetery erected or placed to
designate where a body is interred or to preserve and perpetuate
the memory and name of any person, without authorization of law
or the consent of the surviving spouse or next of kin, thereby
causing damage of less than one thousand dollars ($1,000).
(b) The provisions of this section shall not apply to a
professional archaeologist as defined in G.S. 70-28(4) acting
pursuant to the provisions of Article 3 of Chapter 70 of the
General Statutes.
(c) Violation of this section is a Class 1 misdemeanor. In
passing sentence, the court shall consider the appropriateness of
restitution or reparation as a condition of probation under G.S.
15A-1343(b)(6) as an alternative to actual imposition of a fine,
jail term, or both. (1840, c. 6; R.C., c. 34, s. 102; Code, s.
1088; Rev., s. 3680; C.S., s. 4320; 1969, c. 987; 1981, c. 752,
s. 1, c. 853, s. 4; 1993, c. 539, s. 87; 1994, Ex. Sess., c. 24,
s. 14(c).)
§14-149. Desecrating, plowing over or covering up graves.
(a) It is a Class I felony, without authorization of law or
the consent of the surviving spouse or next of kin of the
deceased, to knowingly and willfully:
(1) Open, disturb, destroy, remove, vandalize or desecrate
any casket, human remains or any portion thereof or the
repository of any such remains, by any means including plowing
under, tearing up, covering over or otherwise obliterating or
removing any grave;
(2) Take away, vandalize or destroy any stone, brick, iron
or other material or fence enclosing a cemetery, causing damage
of more than one thousand dollars ($1,000); or
(3) Take away, vandalize, destroy or deface any tombstone,
headstone, monument, grave marker, grave ornamentation, grave
artifacts, shrubbery, flowers, plants or other articles within
any cemetery erected or placed to designate the place where any
dead body is interred or to preserve and perpetuate the memory
and the name of any person, causing damage of more than one
thousand dollars ($1,000).
(b) The provisions of this section shall not apply to a
professional archaeologist as defined in G.S. 70-28(4) acting
pursuant to the provisions of Article 3 of Chapter 70 of the
General Statutes. (1889, c. 130; Rev., s. 3681; 1919, c. 218;
C.S., s. 4321; 1981, c. 752, s. 2; c. 853, s. 5.)
§§14-150, 14-150.1. Repealed by Session Laws 1981, c. 752,
s. 3, effective October 1, 1981.
§ 14-151. Interfering with gas, electric and
steam appliances.
If any person shall willfully, with intent to injure or
defraud, commit any of the acts set forth in the following
subdivisions, he shall be guilty of a Class 2 misdemeanor:
(1) Connect a tube, pipe, wire or other instrument
or contrivance with a pipe or wire used for conducting or
supplying illuminating gas, fuel, natural gas or electricity in
such a manner as to supply such gas or electricity to any burner,
orifice, lamp or motor where the same is or can be burned or used
without passing through the meter or other instrument provided
for registering the quantity consumed; or,
(2) Obstruct, alter, injure or prevent the action
of a meter or other instrument used to measure or register the
quantity of illuminating fuel, natural gas or electricity
consumed in a house or apartment, or at an orifice or burner,
lamp or motor, or by a consumer or other person other than an
employee of the company owning any gas or electric meter, who
willfully shall detach or disconnect such meter, or make or
report any test of, or examine for the purpose of testing any
meter so detached or disconnected; or,
(3) In any manner whatever change, extend or alter
any service or other pipe, wire or attachment of any kind,
connecting with or through which natural or artificial gas or
electricity is furnished from the gas mains or pipes of any
person, without first procuring from said person written
permission to make such change, extension or alterations; or,
(4) Make any connection or reconnection with the
gas mains, service pipes or wires of any person, furnishing to
consumers natural or artificial gas or electricity, or turn on or
off or in any manner interfere with any valve or stopcock or
other appliance belonging to such person, and connected with his
service or other pipes or wires, or enlarge the orifices of
mixers, or use natural gas for heating purposes except through
mixers, or electricity for any purpose without first procuring
from such person a written permit to turn on or off such stopcock
or valve, or to make such connection or reconnections, or to
enlarge the orifice of mixers, or to use for heating purposes
without mixers, or to interfere with the valves, stopcocks, wires
or other appliances of such, as the case may be; or,
(5) Retain possession of or refuse to deliver any
mixer, meter, lamp or other appliance which may be leased or
rented by any person, for the purpose of furnishing gas,
electricity or power through the same, or sell, lend or in any
other manner dispose of the same to any person other than such
person entitled to the possession of the same; or,
(6) Set on fire any gas escaping from wells, broken
or leaking mains, pipes, valves or other appliances used by any
person in conveying gas to consumers, or interfere in any manner
with the wells, pipes, mains, gateboxes, valves, stopcocks,
wires, cables, conduits or any other appliances, machinery or
property of any person engaged in furnishing gas to consumers
unless employed by or acting under the authority and direction of
such person; or,
(7) Open or cause to be opened, or reconnect or
cause to be reconnected any valve lawfully closed or disconnected
by a district steam corporation; or
(8) Turn on steam or cause it to be turned on or to
reenter any premises when the same has been lawfully stopped from
entering such premises. (1901, c. 735; Rev., s. 3666; C.S., s.
4323; 1993, c. 539, s. 88; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-151.1. Interfering with electric, gas or
water meters; prima facie evidence of intent to alter, tamper
with or bypass electric, gas or water meters; unlawful
reconnection of electricity, gas, or water; civil liability.
(a) It shall be unlawful for any unauthorized person to
alter, tamper with or bypass a meter which has been installed for
the purpose of measuring the use of electricity, gas or water or
knowingly to use electricity, gas or water passing through any
such tampered meter or use electricity, gas or water bypassing a
meter provided by an electric, gas or water supplier for the
purpose of measuring and registering the quantity of electricity,
gas or water consumed.
(b) Any meter or service entrance facility found to have
been altered, tampered with, or bypassed in a manner that would
cause such meter to inaccurately measure and register the
electricity, gas or water consumed or which would cause the
electricity, gas or water to be diverted from the recording
apparatus of the meter shall be prima facie evidence of
intent to violate and of the violation of this section by the
person in whose name such meter is installed or the person or
persons so using or receiving the benefits of such unmetered,
unregistered or diverted electricity, gas or water.
(b1) It is unlawful for any unauthorized person to
reconnect electricity, gas, or water connections or otherwise
turn back on one or more of those utilities when they have been
lawfully disconnected or turned off by the provider of the
utility.
(b2) It is unlawful for any unauthorized person to alter,
bypass, interfere with, or cut off any load management device,
equipment, or system which has been installed by the electricity
supplier for the purpose of limiting the use of electricity at
peak-load periods, provided, however, if there has been a written
request to remove the load management device, equipment or system
to the electric supplier and the electric supplier has not
removed the device within two working days, there shall be no
violation of this section.
(c) Any person violating any of the provisions of this
section shall be guilty of a Class 1 misdemeanor.
(d) Whoever is found in a civil action to have violated any
provision hereof shall be liable to the electric, gas or water
supplier in triple the amount of losses and damages sustained or
five hundred dollars ($500.00), whichever is greater.
(e) Nothing in this section shall be construed to apply to
licensed contractors while performing usual and ordinary services
in accordance with recognized customs and standards. (1977, c.
735, s. 1; 1983, c. 508, ss. 1, 2; 1989, c. 119; 1993, c. 539, s.
89; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-152. Injuring fixtures and other property
of gas companies; civil liability.
If any person shall willfully, wantonly or maliciously
remove, obstruct, injure or destroy any part of the plant,
machinery, fixtures, structures or buildings, or anything
appertaining to the works of any gas company, or shall use,
tamper or interfere with the same, he shall be deemed guilty of a
Class 3 misdemeanor. Such person shall also forfeit and pay to
the company so injured, to be sued for and recovered in a civil
action, double the amount of the damages sustained by any such
injury. (1889 (Pr.), c. 35, s. 3; Rev., s. 3671; C.S., s. 4324;
1993, c. 539, s. 90; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-153. Tampering with engines and
boilers.
If any person shall willfully turn out water from any boiler
or turn the bolts of any engine or boiler, or meddle or tamper
with such boiler or engine, or any other machinery in connection
with any boiler or engine, causing loss, damage, danger or delay
to the owner in the prosecution of his work, he shall be guilty
of a Class 2 misdemeanor. (1901, c. 733; Rev., s. 3667; C.S., s.
4325; 1993, c. 539, s. 91; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-154. Injuring wires and other fixtures of
telephone, telegraph and electric-power companies.
If any person shall willfully injure, destroy or pull down
any telegraph, telephone or electric-power-transmission pole,
wire, insulator or any other fixture or apparatus attached to a
telegraph, telephone or electric-power-transmission line, he
shall be guilty of a Class 1 misdemeanor. (1881, c. 4; 1883, c.
103; Code, s. 1118; Rev., s. 3847; 1907, c. 827, s. 1; C.S., s.
4326; 1993, c. 539, s. 92; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-155. Unauthorized connections with
telephone or telegraph.
It shall be unlawful for any person to tap or make any
connection with any wire or apparatus of any telephone or
telegraph company operating in this State, except such connection
as may be authorized by the person or corporation operating such
wire or apparatus. Any person violating this section shall be
guilty of a Class 3 misdemeanor. Each day's continuance of such
unlawful connection shall be a separate offense. No connection
approved by the Federal Communications Commission or the North
Carolina Utilities Commission shall be a violation of this
section. (1911, c. 113; C.S., s. 4327; 1973, c. 648; 1977, 2nd
Sess., c. 1185, s. 2; 1993, c. 539, s. 93; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-156. Injuring fixtures and other property
of electric-power companies.
It shall be unlawful for any person willfully and wantonly,
and without the consent of the owner, to take down, remove,
injure, obstruct, displace or destroy any line erected or
constructed for the transmission of electrical current, or any
poles, towers, wires, conduits, cables, insulators or any support
upon which wires or cables may be suspended, or any part of any
such line or appurtenances or apparatus connected therewith, or
to sever any wire or cable thereof, or in any manner to interrupt
the transmission of electrical current over and along any such
line, or to take down, remove, injure or destroy any house, shop,
building or other structure or machinery connected with or
necessary to the use of any line erected or constructed for the
transmission of electrical current, or to wantonly or willfully
cause injury to any of the property mentioned in this section by
means of fire. Any person violating any of the provisions of
this section shall be guilty of a Class 2 misdemeanor. (1907, c.
919; C.S., s. 4328; 1993, c. 539, s. 94; 1994, Ex. Sess., c. 24,
s. 14(c).)
§ 14-157. Felling trees on telephone and
electric-power wires.
If any person shall negligently and carelessly cut or fell
any tree, or any limb or branch therefrom, in such a manner as to
cause the same to fall upon and across any telephone, electric
light or electric-power-transmission wire, from which any injury
to such wire shall be occasioned, he shall be guilty of a Class 3
misdemeanor, and shall also be liable to penalty of fifty dollars
($50.00) for each and every offense. (1903, c. 616; Rev., s.
3849; 1907, c. 827, s. 2; C.S., s. 4329; 1969, c. 1224, s. 9;
1993, c. 539, s. 95; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-158. Interfering with telephone lines.
If any person shall unnecessarily disconnect the wire or in
any other way render any telephone line, or any part of such
line, unfit for use in transmitting messages, or shall
unnecessarily cut, tear down, destroy or in any way render unfit
for the transmission of messages any part of the wire of a
telephone line, he shall be guilty of a Class 2 misdemeanor.
(1901, c. 318; Rev., s. 3845; C.S., s. 4330; 1969, c. 1224, s. 3;
1993, c. 539, s. 96; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-159. Injuring buildings or fences; taking
possession of house without consent.
If any person shall deface, injure or damage any house,
uninhabited house or other building belonging to another; or
deface, damage, pull down, injure, remove or destroy any fence or
wall enclosing, in whole or in part, the premises belonging to
another; or shall move into, take possession of and/or occupy any
house, uninhabited house or other building situated on the
premises belonging to another, without having first obtained
authority so to do and consent of the owner or agent thereof, he
shall be guilty of a Class 3 misdemeanor. (1929, c. 192, s. 1;
1993, c. 539, s. 97; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-159.1. Contaminating a public water
system.
(a) A person commits the offense of contaminating a public
water system, as defined in G.S. 130A-313(10), if he willfully or
wantonly:
(1) Contaminates, adulterates or otherwise
impurifies or attempts to contaminate, adulterate or otherwise
impurify the water in a public water system, including the water
source, with any toxic chemical, biological agent or radiological
substance that is harmful to human health, except those added in
approved concentrations for water treatment operations; or
(2) Damages or tampers with the property or
equipment of a public water system with the intent to impair the
services of the public water system.
(b) Any person who commits the offense defined in this
section is guilty of a Class C felony. (1983, c. 507, s. 1; 1985,
c. 509, s. 4, c. 689, s. 5; 1993, c. 539, s. 1189; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-159.2. Interference with animal research.
(a) It is unlawful for a person willfully to commit any of
the following acts:
(1) The unauthorized entry into any research
facility where animals are kept within the facility for research
in the advancement of medical, veterinary, dental, or biological
sciences, with the intent to (i) disrupt the normal operation of
the research facility, or (ii) damage the research facility or
any personal property located thereon, or (iii) release from any
enclosure or restraining device any animal kept within the
research facility, or (iv) interfere with the care of any animal
kept within the research facility;
(2) The damaging of any such research facility or
any personal property located thereon;
(3) The unauthorized release from any enclosure or
restraining device of any animal kept within any research
facility; or
(4) The interference with the care of any animal
kept within any research facility.
(b) Any person who commits an offense under subsection (a)
of this section shall be guilty of a Class 1 misdemeanor.
(c) Any person who commits an offense under subsection (a)
of this section that involves the release from any enclosure or
restraining device of any animal having an infectious disease
shall be guilty of a Class I felony.
(d) As a condition of probation, the court may order a
person convicted under this section to make restitution to the
owner of the animal for damages, including the cost of restoring
the animal to confinement and of restoring the animal to its
health condition prior to any release, and for damages to
personal property, including materials, equipment, data, and
records, and real property caused by the interference. If the
interference causes the failure of an experiment, the restitution
may include all costs of repeating the experiment, including
replacement of the animals, labor, and materials.
(e) Nothing in this section shall be construed to affect
any rights or causes of action of a person damaged through
interference with animal research. (1991, c. 203; 1993, c. 539,
ss. 98, 1190; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-159.3. Trespass to land on motorized all
terrain vehicle.
(a) No person shall operate any motorized all terrain
vehicle:
(1) On any private property not owned by the
operator, without the consent of the owner; or
(2) Within the banks of any stream or waterway, but
excluding a sound or the Atlantic Ocean, the adjacent lands of
which are not owned by the operator, without the consent of the
owner or outside the restrictions imposed by the owner.
(b) A "motorized all terrain vehicle", as used in this
section, is a two or more wheeled vehicle designed for
recreational off-road use.
(c) A violation of this section shall be a Class 2
misdemeanor. (1997-456, s. 56.8; 1997-487, s. 1.)
ARTICLE 22A.
Trespassing Upon "Posted" Property to Hunt,
Fish, Trap, or Remove Pine Needles/Straw.
§ 14-159.6. Trespass for purposes of hunting,
etc., without written consent a misdemeanor.
(a) Any person who willfully goes on the land, waters,
ponds, or a legally established waterfowl blind of another upon
which notices, signs or posters prohibiting hunting, fishing or
trapping have been placed in accordance with the provisions of
G.S. 14-159.7, or upon which "posted" notices have been placed in
accordance with the provisions of G.S. 14-159.7, to hunt, fish or
trap without the written consent of the owner or his agent shall
be guilty of a Class 2 misdemeanor. Provided, further, that no
arrests under authority of this subsection shall be made without
the consent of the owner or owners of said land, or their duly
authorized agents in the following counties: Halifax and Warren.
(b) Any person who willfully goes on the land of another
upon which notices, signs, or posters prohibiting raking or
removing pine needles or pine straw have been placed in
accordance with the provisions of G.S. 14-159.7, or upon which
"posted" notices have been placed in accordance with the
provisions of G.S. 14-159.7, to rake or remove pine needles or
pine straw without the written consent of the owner or his agent
shall be guilty of a Class 1 misdemeanor. (1949, c. 887, s. 1;
1953, c. 1226; 1965, c. 1134; 1975, c. 280, s. 1; 1979, c. 830,
s. 11; 1991, c. 435, s. 4; 1993, c. 539, s. 99; 1994, Ex. Sess.,
c. 24, s. 14(c); 1997-443, s. 19.25(z).)
§14-159.7. Regulations as to posting of property.
The notices, signs or posters described in G.S. 14-159.6
shall measure not less than 120 square inches and shall be
conspicuously posted on private lands not more than 200 yards
apart close to and along the boundaries. At least one such
notice, sign, or poster shall be posted on each side of such
land, and one at each corner thereof, provided that said corner
can be reasonably ascertained. For the purpose of prohibiting
fishing, or the taking of fish by any means, in any stream, lake,
or pond, it shall only be necessary that the signs, notices, or
posters be posted along the stream or shoreline of a pond or lake
at intervals of not more than 200 yards apart. (1949, c. 887, s.
2; 1953, c. 1226; 1965, c. 923; 1975, c. 280, ss. 2, 3; 1979, c.
830, s. 11.)
§ 14-159.8. Mutilation, etc., of "posted"
signs; posting signs without consent of owner or agent.
Any person who shall mutilate, destroy or take down any
"posted," "no hunting" or similar notice, sign or poster on the
lands, waters, or legally established waterfowl blind of another,
or who shall post such sign or poster on the lands, waters or
legally established waterfowl blind of another, without the
consent of the owner or his agent, shall be deemed guilty of a
Class 3 misdemeanor and only punished by a fine of not more than
one hundred dollars ($100.00). (1949, c. 887, s. 3; 1953, c.
1226; 1969, c. 51; 1979, c. 830, s. 11; 1993, c. 539, s. 100;
1994, Ex. Sess., c. 24, s. 14(c).)
§14-159.9. Entrance on navigable waters, etc., for purpose of
fishing, hunting or trapping not prohibited.
Nothing in this Article shall be construed to prohibit the
entrance of any person upon navigable waters and the bays and
sounds adjoining such waters for the purpose of fishing, hunting
or trapping. (1949, c. 887, s. 4; 1953, c. 1226; 1979, c. 830, s.
11.)
§ 14-159.10. Enforcement of Article by peace officers;
wildlife protectors authorized to execute process.
This Article may be enforced by deputy sheriffs and other
peace officers with general subject matter jurisdiction.
Law-enforcement officers of the North Carolina Wildlife Resources
Commission may execute process issued by the court for violations
of this Article. (1979, c. 830, s. 11.)
ARTICLE 22B.
First and Second Degree Trespass.
§ 14-159.11. Definition.
As used in this Article, "building" means any structure or
part of a structure, other than a conveyance, enclosed so as to
permit reasonable entry only through a door and roofed to protect
it from the elements. (1987, c. 700, s. 1.)
§ 14-159.12. First degree trespass.
(a) Offense. -- A person commits the offense of first
degree trespass if, without authorization, he enters or remains:
(1) On premises of another so enclosed or secured
as to demonstrate clearly an intent to keep out intruders; or
(2) In a building of another.
(b) Classification. -- First degree trespass is a Class 2
misdemeanor. (1987, c. 700, s. 1; 1993, c. 539, s. 101; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-159.13. Second degree trespass.
(a) Offense. -- A person commits the offense of second
degree trespass if, without authorization, he enters or remains
on premises of another:
(1) After he has been notified not to enter or
remain there by the owner, by a person in charge of the premises,
by a lawful occupant, or by another authorized person; or
(2) That are posted, in a manner reasonably likely
to come to the attention of intruders, with notice not to enter
the premises.
(b) Classification. -- Second degree trespass is a Class 3
misdemeanor. (1987, c. 700, s. 1; 1993, c. 539, s. 102; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-159.14. Lesser included offenses.
The offenses created by this act shall constitute lesser
included offenses of breaking or entering as provided in G.S. 14-
54 and G.S. 14-56. (1987, c. 700, s. 1.)
Article 22C.
Cave Protection Act.
§ 14-159.20. Definitions.
The terms listed below have the following definitions as
used in this Article, unless the context clearly requires a
different meaning:
(1) "Cave" means any naturally occurring subterranean
cavity. The word "cave" includes or is synonymous with cavern,
pit, well, sinkhole, and grotto;
(2) "Commercial cave" means any cave with improved trails
and lighting utilized by the owner for the purpose of exhibition
to the general public as a profit or nonprofit enterprise,
wherein a fee is collected for entry;
(3) "Gate" means any structure or device located to limit
or prohibit access or entry to any cave;
(4) "Person" means any individual, partnership, firm,
association, trust or corporation;
(5) "Speleothem" means a natural mineral formation or
deposit occurring in a cave. This includes or is synonymous with
stalagmites, stalactites, helectites, anthodites, gypsum flowers,
needles, angel's hair, soda straws, draperies, bacon, cave
pearls, popcorn (coral), rimstone dams, columns, palettes, and
flowstone. Speleothems are commonly composed of calcite,
epsomite, gypsum, aragonite, celestite and other similar
minerals; and
(6) "Owner" means a person who has title to land where a
cave is located, including a person who owns title to a leasehold
estate in such land. (1987, c. 449.)
§ 14-159.21. Vandalism; penalties.
It is unlawful for any person, without express, prior,
written permission of the owner, to willfully or knowingly:
(1) Break, break off, crack, carve upon, write,
burn or otherwise mark upon, remove, or in any manner destroy,
disturb, deface, mar or harm the surfaces of any cave or any
natural material therein, including speleothems;
(2) Disturb or alter in any manner the natural
condition of any cave;
(3) Break, force, tamper with or otherwise disturb
a lock, gate, door or other obstruction designed to control or
prevent access to any cave, even though entrance thereto may not
be gained.
Any person violating a provision of this section shall be
guilty of a Class 3 misdemeanor. (1987, c. 449; 1993, c. 539, s.
103; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-159.22. Sale of speleothems unlawful; penalties.
It is unlawful to sell or offer for sale any speleothems in
this State, or to export them for sale outside the State. A
person who violates any of the provisions of this section shall
be guilty of a Class 3 misdemeanor. (1987, c. 449; 1993, c. 539,
s. 104; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-159.23. Limitation of liability of owners and
agents.
The owner of a cave, and his agents and employees, shall not
be liable for any injury to, or for the death of any person, or
for any loss or damage to property, by reason of any act or
omission unless it is established that the injury, death, loss,
or damage occurred as a result of gross negligence, wanton
conduct, or intentional wrongdoing. The limitation of liability
provided by this section applies only with respect to injury,
death, loss, or damage occurring within a cave, or in connection
with entry into or exit from a cave, and applies only with
respect to persons to whom no charge has been made for admission
to the cave. (1987, c. 449.)
ARTICLE 23.
Trespasses to Personal Property.
§ 14-160. Willful and wanton injury to personal
property; punishments.
(a) If any person shall wantonly and willfully injure the
personal property of another he shall be guilty of a Class 2
misdemeanor.
(b) Notwithstanding the provisions of subsection (a), if
any person shall wantonly and willfully injure the personal
property of another, causing damage in an amount in excess of two
hundred dollars ($200.00), he shall be guilty of a Class 1
misdemeanor.
(c) This section applies to injuries to personal property
without regard to whether the property is destroyed or not.
(1876-7, c. 18; Code, s. 1082; 1885, c. 53; Rev., s. 3676; C.S.,
s. 4331; 1969, c. 1224, s. 14; 1993, c. 539, s. 105; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-160.1. Alteration, destruction or removal
of permanent identification marks from personal property.
(a) It shall be unlawful for any person to alter, deface,
destroy or remove the permanent serial number, manufacturer's
identification plate or other permanent, distinguishing number or
identification mark from any item of personal property with the
intent thereby to conceal or misrepresent the identity of said
item.
(b) It shall be unlawful for any person knowingly to sell,
buy or be in possession of any item of personal property, not his
own, on which the permanent serial number, manufacturer's
identification plate or other permanent, distinguishing number or
identification mark has been altered, defaced, destroyed or
removed for the purpose of concealing or misrepresenting the
identity of said item.
(c) A violation of any of the provisions of this section
shall be a Class 1 misdemeanor.
(d) This section shall not in any way affect the provisions
of G.S. 20-108, 20-109(a) or 20-109(b). (1977, c. 767, s. 1;
1993, c. 539, s. 106; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-161: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(7).
§ 14-162. Removing boats.
If any person shall loose, unmoor, or turn adrift from any
landing or other place wherever the same shall be, any boat,
canoe, or other marine vessel, or if any person shall direct the
same to be done without the consent of the owner, or the person
having the lawful custody or possession of such vessel, he shall
be guilty of a Class 2 misdemeanor. The owner may also have his
action for such injury. The penalties aforesaid shall not extend
to any person who shall press any such property by public
authority. (R.C., c. 14, ss. 1, 3; Code, s. 2288; 1889, c. 378;
Rev., s. 3544; C.S., s. 4333; 1977, c. 729; 1993, c. 539, s. 107;
1994, Ex. Sess., c. 24, s. 14(c).)
§14-163. Poisoning livestock.
If any person shall willfully and unlawfully poison any
horse, mule, hog, sheep or other livestock, the property of
another, such person shall be punished as a Class I felon.
(1898-9, c. 253; Code, s. 1003; Rev., s. 3313; C.S., s. 4334;
1969, c. 1224, s. 3; 1973, c. 1388; 1979, c. 760, s. 5.)
§ 14-163.1. Injuring, maiming, or killing law-
enforcement agency animal.
Any person who knows or has reason to know that an animal is
used for law-enforcement purposes such as investigation,
detection of narcotics or explosives, or crowd control, by any
law-enforcement agency and who willfully and not in self defense,
causes serious injury to, maims, or kills that animal is guilty
of a Class I felony. (1983, c. 646, s. 1; 1993, c. 539, s. 108;
1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 258, s. 1.)
§ 14-164: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(8).
ARTICLE 24.
Vehicles and Draft Animals--Protection of Bailor
against Acts of Bailee.
§ 14-165. Malicious or willful injury to hired
personal property.
Any person who shall rent or hire from any person, firm or
corporation, any horse, mule or like animal, or any buggy, wagon,
truck, automobile, or other like vehicle, aircraft, motor,
trailer, appliance, equipment, tool, or other thing of value, who
shall maliciously or willfully injure or damage the same by in
any way using or driving the same in violation of any statute of
the State of North Carolina, or who shall permit any other person
so to do, shall be guilty of a Class 2 misdemeanor. (1927, c. 61,
s. 1; 1965, c. 1073, s. 1; 1993, c. 539, s. 109; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 14-166. Subletting of hired property.
Any person who shall rent or hire, any horse, mule, or other
like animal, or any buggy, wagon, truck, automobile, or other
like vehicle, aircraft, motor, trailer, appliance, equipment,
tool, or other thing of value, who shall, without the permission
of the person, firm or corporation from whom such property is
rented or hired, sublet or rent the same to any other person,
firm or corporation, shall be guilty of a Class 2 misdemeanor.
(1927, c. 61, s. 2; 1965, c. 1073, s. 2; 1969, c. 1224, s. 15;
1993, c. 539, s. 110; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-167. Failure to return hired property.
Any person who shall rent or hire, any horse, mule or other
like animal, or any buggy, wagon, truck, automobile, or other
vehicle, aircraft, motor, trailer, appliance, equipment, tool, or
other thing of value, and who shall willfully fail to return the
same to the possession of the person, firm or corporation from
whom such property has been rented or hired at the expiration of
the time for which such property has been rented or hired, shall
be guilty of a Class 2 misdemeanor. (1927, c. 61, s. 3; 1965, c.
1073, s. 3; 1969, c. 1224, s. 15; 1993, c. 539, s. 111; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-168. Hiring with intent to defraud.
Any person who shall, with intent to cheat and defraud the
owner thereof of the rental price therefor, hire or rent any
horse or mule or any other like animal, or any buggy, wagon,
truck, automobile or other like vehicle, aircraft, motor,
trailer, appliance, equipment, tool, or other thing of value, or
who shall obtain the possession of the same by false and
fraudulent statements made with intent to deceive, which are
calculated to deceive, and which do deceive, shall be guilty of a
Class 2 misdemeanor. (1927, c. 61, s. 4; 1965, c. 1073, s. 4;
1969, c. 1224, s. 15; 1993, c. 539, s. 112; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-168.1. Conversion by bailee, lessee,
tenant or attorney-in-fact.
Every person entrusted with any property as bailee, lessee,
tenant or lodger, or with any power of attorney for the sale or
transfer thereof, who fraudulently converts the same, or the
proceeds thereof, to his own use, or secretes it with a
fraudulent intent to convert it to his own use, shall be guilty
of a Class 1 misdemeanor.
If, however, the value of the property converted or
secreted, or the proceeds thereof, is in excess of four hundred
dollars ($400.00), every person so converting or secreting it is
guilty of a Class H felony. In all cases of doubt the jury shall,
in the verdict, fix the value of the property converted or
secreted. (1965, c. 1073, s. 5; 1979, c. 468; 1979, 2nd Sess., c.
1316, s. 13; 1981, c. 63, s.1, c. 179, s. 14; 1993, c. 539, s.
113; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-168.2. Definitions.
For the purposes of this Article, the terms "rent," "hire"
and "lease" are used to designate the letting for hire of any
horse, mule or other like animal, or any buggy, wagon, truck,
automobile, aircraft, motor, trailer, appliance, equipment, tool,
or other thing of value by lease, bailment, or rental agreement.
(1965, c. 1073, s. 5.)
§14-168.3. Prima facie evidence of intent to convert
property.
It shall be prima facie evidence of intent to commit a crime
as set forth in G.S. 14-167, 14-168, and 14-168.1 when one who
has, by written instrument, leased or rented the personal
property of another:
(1) Failed or refused to return such property to its owner
after the lease, bailment, or rental agreement has expired,
a. Within 10 days, and
b. Within 48 hours after written demand for return thereof
is personally served or given by registered mail delivered to the
last known address provided in such lease or rental agreement, or
(2) When the leasing or rental of such personal property is
obtained by presentation of identification to the lessor or
rentor thereof which is false, fictitious, or knowingly not
current as to name, address, place of employment, or other
identification. (1965, c. 1118.)
§ 14-168.4. Failing to return rented property on which there
is purchase option.
(a) It shall be a Class 2 misdemeanor for any person to
fail to return rented property with intent to defeat the rights
of the owner, which is rented pursuant to a written rental
agreement in which there is an option to purchase the property,
after the date of termination provided in the agreement has
occurred or, if the termination date is the occurrence of a
specified event, then that such event has in fact occurred.
(b) Intent to commit the crime set forth in subsection (a)
may be presumed from the following evidence:
(1) Evidence that the defendant has disposed of the
property, or has encumbered the property by allowing a security
interest to be placed on the property or by delivering the
property to a pawnbroker; or
(2) Evidence that the defendant has refused to
deliver the property to the sheriff or other officer charged with
the execution of process directed to him for its seizure, after a
judgment for possession of the property or a claim and delivery
order for the property has been issued; or
(3) Evidence that the defendant has moved the
rented property out of state and has failed to notify the owner
of the new location of the property.
However, this presumption may be rebutted by evidence from the
defendant that he has no intent to defeat the rights of the owner
of the property.
(c) Violations of this Article for failure to return rented
property which is rented pursuant to a written rental agreement
in which there is an option to purchase shall be prosecuted only
under this section. (1987 (Reg. Sess., 1988), c. 1065, s. 3;
1993, c. 539, s. 114; 1994, Ex. Sess., c. 24, s. 14(c).)
14-169. Violation made misdemeanor.
Except as otherwise provided, any person violating the
provisions of this Article shall be guilty of a Class 1
misdemeanor. (1927, c. 61, s. 5; 1929, c. 38, s. 1; 1969, c.
1224, s. 15; 1993, c. 539, s. 115; 1994, Ex. Sess., c. 24, s.
14(c).)
ARTICLE 25.
Regulating the Leasing of Storage Batteries.
§§ 14-170 through 14-176: Repealed by Session Laws
1993 (Reg. Sess., 1994), c. 767, s. 30(4)-(10).
SUBCHAPTER VII. OFFENSES AGAINST PUBLIC
MORALITY AND DECENCY.
ARTICLE 26.
Offenses against Public Morality and Decency.
§ 14-177. Crime against nature.
If any person shall commit the crime against nature, with
mankind or beast, he shall be punished as a Class I felon. (5
Eliz., c. 17; 25 Hen. VIII, c. 6; R.C., c. 34, s. 6; 1868-9, c.
167, s. 6; Code, s. 1010; Rev., s. 3349; C.S., s. 4336; 1965, c.
621, s. 4; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47;
1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1191; 1994,
Ex. Sess., c. 24, s. 14(c).)
§ 14-178. Incest between certain near
relatives.
The parties shall be guilty of a felony in all cases of
carnal intercourse between (i) grandparent and grandchild, (ii)
parent and child or stepchild or legally adopted child, or (iii)
brother and sister of the half or whole blood. Every such offense
is punishable as a Class F felony. (1879, c. 16, s. 1; Code, s.
1060; Rev., s. 3351; 1911, c. 16; C.S., s. 4337; 1965, c. 132;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 1192; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-179. Incest between uncle and niece and
nephew and aunt.
In all cases of carnal intercourse between uncle and niece,
and nephew and aunt, the parties shall be guilty of a Class 1
misdemeanor. (1879, c. 16, s. 2; Code, s. 1061; Rev., s. 3352;
C.S., s. 4338; 1993, c. 539, s. 118; 1994, Ex. Sess., c. 24, s.
14(c).)
§14-180. Repealed by Session Laws 1975, c. 402.
§§14-181, 14-182. Repealed by Session Laws 1973, c. 108,
s. 4.
§ 14-183. Bigamy.
If any person, being married, shall marry any other person
during the life of the former husband or wife, every such
offender, and every person counseling, aiding or abetting such
offender, shall be punished as a Class I felon. Any such offense
may be dealt with, tried, determined and punished in the county
where the offender shall be apprehended, or be in custody, as if
the offense had been actually committed in that county. If any
person, being married, shall contract a marriage with any other
person outside of this State, which marriage would be punishable
as bigamous if contracted within this State, and shall thereafter
cohabit with such person in this State, he shall be guilty of a
felony and shall be punished as in cases of bigamy. Nothing
contained in this section shall extend to any person marrying a
second time, whose husband or wife shall have been continually
absent from such person for the space of seven years then last
past, and shall not have been known by such person to have been
living within that time; nor to any person who at the time of
such second marriage shall have been lawfully divorced from the
bond of the first marriage; nor to any person whose former
marriage shall have been declared void by the sentence of any
court of competent jurisdiction. (See 9 Geo. IV, c. 31, s. 22;
1790, c. 323, P.R.; 1809, c. 783, P.R.; 1829, c. 9; R.C., c. 34,
s. 15; Code, s. 988; Rev., s. 3361; 1913, c. 26; C.S., s. 4342;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 1193; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-184. Fornication and adultery.
If any man and woman, not being married to each other, shall
lewdly and lasciviously associate, bed and cohabit together, they
shall be guilty of a Class 2 misdemeanor: Provided, that the
admissions or confessions of one shall not be received in
evidence against the other. (1805, c. 684, P.R.; R.C., c. 34, s.
45; Code, s. 1041; Rev., s. 3350; C.S., s. 4343; 1969, c. 1224,
s. 9; 1993, c. 539, s. 119; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-185. Repealed by Session Laws 1975, c. 402.
§ 14-186. Opposite sexes occupying same bedroom
at hotel for immoral purposes; falsely registering as husband and
wife.
Any man and woman found occupying the same bedroom in any
hotel, public inn or boardinghouse for any immoral purpose, or
any man and woman falsely registering as, or otherwise
representing themselves to be, husband and wife in any hotel,
public inn or boardinghouse, shall be deemed guilty of a Class 2
misdemeanor. (1917, c. 158, s. 2; C.S., s. 4345; 1969, c. 1224,
s. 3; 1993, c. 539, s. 120; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-187. Repealed by Session Laws 1975, c. 402.
§ 14-188. Certain evidence relative to keeping
disorderly houses admissible; keepers of such houses defined;
punishment.
(a) On a prosecution in any court for keeping a disorderly
house or bawdy house, or permitting a house to be used as a bawdy
house, or used in such a way as to make it disorderly, or a
common nuisance, evidence of the general reputation or character
of the house shall be admissible and competent; and evidence of
the lewd, dissolute and boisterous conversation of the inmates
and frequenters, while in and around such house, shall be
prima facie evidence of the bad character of the inmates
and frequenters, and of the disorderly character of the house.
The manager or person having the care, superintendency or
government of a disorderly house or bawdy house is the "keeper"
thereof, and one who employs another to manage and conduct a
disorderly house or bawdy house is also "keeper" thereof.
(b) On a prosecution in any court for keeping a disorderly
house or a bawdy house, or permitting a house to be used as a
bawdy house or used in such a way to make it disorderly or a
common nuisance, the offense shall constitute a Class 2
misdemeanor. (1907, c. 779; C.S., s. 4347; 1969, c. 1224, s. 22;
1993, c. 539, s. 121; 1994, Ex. Sess., c. 24, s. 14(c).)
§§14-189, 14-189.1. Repealed by Session Laws 1971, c. 405,
s. 4.
§§14-189.2, 14-190. Repealed by Session Laws 1971, c. 591,
s. 4.
§ 14-190.1. Obscene literature and
exhibitions.
(a) It shall be unlawful for any person, firm or
corporation to intentionally disseminate obscenity. A person,
firm or corporation disseminates obscenity within the meaning of
this Article if he or it:
(1) Sells, delivers or provides or offers or agrees
to sell, deliver or provide any obscene writing, picture, record
or other representation or embodiment of the obscene; or
(2) Presents or directs an obscene play, dance or
other performance or participates directly in that portion
thereof which makes it obscene; or
(3) Publishes, exhibits or otherwise makes
available anything obscene; or
(4) Exhibits, presents, rents, sells, delivers or
provides; or offers or agrees to exhibit, present, rent or to
provide: any obscene still or motion picture, film, filmstrip, or
projection slide, or sound recording, sound tape, or sound track,
or any matter or material of whatever form which is a
representation, embodiment, performance, or publication of the
obscene.
(b) For purposes of this Article any material is obscene
if:
(1) The material depicts or describes in a patently
offensive way sexual conduct specifically defined by subsection
(c) of this section; and
(2) The average person applying contemporary
community standards relating to the depiction or description of
sexual matters would find that the material taken as a whole
appeals to the prurient interest in sex; and
(3) The material lacks serious literary, artistic,
political, or scientific value; and
(4) The material as used is not protected or
privileged under the Constitution of the United States or the
Constitution of North Carolina.
(c) As used in this Article, "sexual conduct" means:
(1) Vaginal, anal, or oral intercourse, whether
actual or simulated, normal or perverted; or
(2) Masturbation, excretory functions, or lewd
exhibition of uncovered genitals; or
(3) An act or condition that depicts torture,
physical restraint by being fettered or bound, or flagellation of
or by a nude person or a person clad in undergarments or in
revealing or bizarre costume.
(d) Obscenity shall be judged with reference to ordinary
adults except that it shall be judged with reference to children
or other especially susceptible audiences if it appears from the
character of the material or the circumstances of its
dissemination to be especially designed for or directed to such
children or audiences.
(e) It shall be unlawful for any person, firm or
corporation to knowingly and intentionally create, buy, procure
or possess obscene material with the purpose and intent of
disseminating it unlawfully.
(f) It shall be unlawful for a person, firm or corporation
to advertise or otherwise promote the sale of material
represented or held out by said person, firm or corporation as
obscene.
(g) Violation of this section is a Class I felony.
(h) Obscene material disseminated, procured, or promoted in
violation of this section is contraband.
(i) Nothing in this section shall be deemed to preempt
local government regulation of the location or operation of
sexually oriented businesses to the extent consistent with the
constitutional protection afforded free speech. (1971, c. 405, s.
1; 1973, c. 1434, s. 1; 1985, c. 703, s. 1; 1993, c. 539, s.
1194; 1994, Ex. Sess., c. 24, s. 14(c); 1998-46, s. 2.)
§14-190.2. Repealed by Session Laws 1985, c. 703, s. 2,
effective October 1, 1985.
§14-190.3. Repealed by Session Laws 1985, c. 703, s. 3,
effective October 1, 1985.
§ 14-190.4. Coercing acceptance of obscene
articles or publications.
No person, firm or corporation shall, as a condition to any
sale, allocation, consignment or delivery for resale of any
paper, magazine, book, periodical or publication require that the
purchaser or consignee receive for resale any other article,
book, or publication which is obscene within the meaning of G.S.
14-190.1; nor shall any person, firm or corporation deny or
threaten to deny any franchise or impose or threaten to impose
any penalty, financial or otherwise, by reason of the failure or
refusal of any person to accept such articles, books, or
publications, or by reason of the return thereof. Violation of
this section is a Class 1 misdemeanor. (1971, c. 405, s. 1; 1985,
c. 703, s. 4; 1993, c. 539, s. 122; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-190.5. Preparation of obscene photographs,
slides and motion pictures.
Every person who knowingly:
(1) Photographs himself or any other person, for
purposes of preparing an obscene film, photograph, negative,
slide or motion picture for the purpose of dissemination; or
(2) Models, poses, acts, or otherwise assists in
the preparation of any obscene film, photograph, negative, slide
or motion picture for the purpose of dissemination,
shall be guilty of a Class 1 misdemeanor. (1971, c. 405, s. 1;
1985, c. 703, s. 5; 1993, c. 539, s. 123; 1994, Ex. Sess., c. 24,
s. 14(c).)
§14-190.6. Employing or permitting minor to assist in offense
under Article.
Every person 18 years of age or older who intentionally, in
any manner, hires, employs, uses or permits any minor under the
age of 16 years to do or assist in doing any act or thing
constituting an offense under this Article and involving any
material, act or thing he knows or reasonably should know to be
obscene within the meaning of G.S. 14-190.1, shall be guilty of a
Class I felony. (1971, c. 405, s. 1; 1983, c. 916, s. 2; 1985, c.
703, s. 6.)
§14-190.7. Dissemination to minors under the age of 16
years.
Every person 18 years of age or older who knowingly
disseminates to any minor under the age of 16 years any material
which he knows or reasonably should know to be obscene within the
meaning of G.S. 14-190.1 shall be guilty of a Class I felony.
(1971, c. 405, s. 1; 1977, c. 440, s. 2; 1985, c. 703, s. 7.)
§ 14-190.8. Dissemination to minors under the
age of 13 years.
Every person 18 years of age or older who knowingly
disseminates to any minor under the age of 13 years any material
which he knows or reasonably should know to be obscene within the
meaning of G.S. 14-190.1 shall be punished as a Class I felon.
(1971, c. 405, s. 1; 1977, c. 440, s. 3; 1979, c. 760, s. 5;
1983, c. 175, ss. 7, 10, c. 720, ss. 4, 10; 1985, c. 703, s. 8;
1993, c. 539, s. 1195; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-190.9. Indecent exposure.
(a) Any person who shall willfully expose the private parts
of his or her person in any public place and in the presence of
any other person or persons, of the opposite sex, or aids or
abets in any such act, or who procures another to perform such
act; or any person, who as owner, manager, lessee, director,
promoter or agent, or in any other capacity knowingly hires,
leases or permits the land, building, or premises of which he is
owner, lessee or tenant, or over which he has control, to be used
for purposes of any such act, shall be guilty of a Class 2
misdemeanor.
(b) Notwithstanding any other provision of law, a woman may
breast feed in any public or private location where she is
otherwise authorized to be, irrespective of whether the nipple of
the mother's breast is uncovered during or incidental to the
breast feeding.
(c) Notwithstanding any other provision of law, a local
government may regulate the location and operation of sexually
oriented businesses. Such local regulation may restrict or
prohibit nude, seminude, or topless dancing to the extent
consistent with the constitutional protection afforded free
speech. (1971, c. 591, s. 1; 1993, c. 301, s. 1; c. 539, s. 124;
1994, Ex. Sess., c. 24, s. 14(c); 1998-46, s. 3.)
§§14-190.10 to 14-190.12. Repealed by Session Laws 1985,
c. 703, s. 9, effective October 1, 1985.
§ 14-190.13. Definitions for certain offenses concerning
minors.
The following definitions apply to G.S. 14-190.14,
displaying material harmful to minors; G.S. 14-190.15,
disseminating or exhibiting to minors harmful material or
performances; 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. 14-190.18, promoting prostitution of a minor; and
G.S. 14-190.19, participating in prostitution of a minor.
(1) Harmful to Minors. -- That quality of any
material or performance that depicts sexually explicit nudity or
sexual activity and that, taken as a whole, has the following
characteristics:
a. The average adult person applying
contemporary community standards would find that the material or
performance has a predominant tendency to appeal to a prurient
interest of minors in sex; and
b. The average adult person applying
contemporary community standards would find that the depiction of
sexually explicit nudity or sexual activity in the material or
performance is patently offensive to prevailing standards in the
adult community concerning what is suitable for minors; and
c. The material or performance lacks serious
literary, artistic, political, or scientific value for minors.
(2) Material. -- Pictures, drawings, video
recordings, films or other visual depictions or representations
but not material consisting entirely of written words.
(3) Minor. -- An individual who is less than 18
years old and is not married or judicially emancipated.
(4) Prostitution. -- Engaging or offering to engage
in sexual activity with or for another in exchange for anything
of value.
(5) Sexual Activity. -- Any of the following acts:
a. Masturbation, whether done alone or with
another human or an animal.
b. Vaginal, anal, or oral intercourse, whether
done with another human or with an animal.
c. Touching, in an act of apparent sexual
stimulation or sexual abuse, of the clothed or unclothed
genitals, pubic area, or buttocks of another person or the
clothed or unclothed breasts of a human female.
d. An act or condition that depicts torture,
physical restraint by being fettered or bound, or flagellation of
or by a person clad in undergarments or in revealing or bizarre
costume.
e. Excretory functions; provided, however,
that this sub-subdivision shall not apply to G.S. 14-190.17A.
f. The insertion of any part of a person's
body, other than the male sexual organ, or of any object into
another person's anus or vagina, except when done as part of a
recognized medical procedure.
(6) Sexually Explicit Nudity. -- The showing of:
a. Uncovered, or less than opaquely covered,
human genitals, pubic area, or buttocks, or the nipple or any
portion of the areola of the human female breast, except as
provided in G.S. 14-190.9(b); or
b. Covered human male genitals in a
discernibly turgid state. (1985, c. 703, s. 9; 1989 (Reg. Sess.,
1990), c. 1022, s. 2; 1993, c. 301, s. 2.)
§ 14-190.14. Displaying material harmful to
minors.
(a) Offense. -- A person commits the offense of displaying
material that is harmful to minors if, having custody, control,
or supervision of a commercial establishment and knowing the
character or content of the material, he displays material that
is harmful to minors at that establishment so that it is open to
view by minors as part of the invited general public. Material
is not considered displayed under this section if the material is
placed behind "blinder racks" that cover the lower two thirds of
the material, is wrapped, is placed behind the counter, or is
otherwise covered or located so that the portion that is harmful
to minors is not open to the view of minors.
(b) Punishment. -- Violation of this section is a Class 2
misdemeanor. Each day's violation of this section is a separate
offense. (1985, c. 703, s. 9; 1993, c. 539, s. 125; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-190.15. Disseminating harmful material to
minors; exhibiting harmful performances to minors.
(a) Disseminating Harmful Material. -- A person commits the
offense of disseminating harmful material to minors if, with or
without consideration and knowing the character or content of the
material, he:
(1) Sells, furnishes, presents, or distributes to a
minor material that is harmful to minors; or
(2) Allows a minor to review or peruse material
that is harmful to minors.
(b) Exhibiting Harmful Performance. -- A person commits the
offense of exhibiting a harmful performance to a minor if, with
or without consideration and knowing the character or content of
the performance, he allows a minor to view a live performance
that is harmful to minors.
(c) Defenses. -- Except as provided in subdivision (3), a
mistake of age is not a defense to a prosecution under this
section. It is an affirmative defense to a prosecution under
this section that:
(1) The defendant was a parent or legal guardian of
the minor.
(2) The defendant was a school, church, museum,
public library, governmental agency, medical clinic, or hospital
carrying out its legitimate function; or an employee or agent of
such an organization acting in that capacity and carrying out a
legitimate duty of his employment.
(3) Before disseminating or exhibiting the harmful
material or performance, the defendant requested and received a
driver's license, student identification card, or other official
governmental or educational identification card or paper
indicating that the minor to whom the material or performance was
disseminated or exhibited was at least 18 years old, and the
defendant reasonably believed the minor was at least 18 years
old.
(4) The dissemination was made with the prior
consent of a parent or guardian of the recipient.
(d) Punishment. -- Violation of this section is a Class 1
misdemeanor. (1985, c. 703, s. 9; 1993, c. 539, s. 126; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-190.16. First degree sexual exploitation
of a minor.
(a) Offense. -- A person commits the offense of first
degree sexual exploitation of a minor if, knowing the character
or content of the material or performance, he:
(1) Uses, employs, induces, coerces, encourages, or
facilitates a minor to engage in or assist others to engage in
sexual activity for a live performance or for the purpose of
producing material that contains a visual representation
depicting this activity; or
(2) Permits a minor under his custody or control to
engage in sexual activity for a live performance or for the
purpose of producing material that contains a visual
representation depicting this activity; or
(3) Transports or finances the transportation of a
minor through or across this State with the intent that the minor
engage in sexual activity for a live performance or for the
purpose of producing material that contains a visual
representation depicting this activity; or
(4) Records, photographs, films, develops, or
duplicates for sale or pecuniary gain material that contains a
visual representation depicting a minor engaged in sexual
activity.
(b) Inference. -- In a prosecution under this section, the
trier of fact may infer that a participant in sexual activity
whom material through its title, text, visual representations, or
otherwise represents or depicts as a minor is a minor.
(c) Mistake of Age. -- Mistake of age is not a defense to a
prosecution under this section.
(d) Punishment and Sentencing. -- Violation of this section
is a Class D felony. (1985, c. 703, s. 9; 1993, c. 539, s. 1196;
1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 507, s. 19.5(o).)
§ 14-190.17. Second degree sexual exploitation
of a minor.
(a) Offense. -- A person commits the offense of second
degree sexual exploitation of a minor if, knowing the character
or content of the material, he:
(1) Records, photographs, films, develops, or
duplicates material that contains a visual representation of a
minor engaged in sexual activity; or
(2) Distributes, transports, exhibits, receives,
sells, purchases, exchanges, or solicits material that contains a
visual representation of a minor engaged in sexual activity.
(b) Inference. -- In a prosecution under this section, the
trier of fact may infer that a participant in sexual activity
whom material through its title, text, visual representations or
otherwise represents or depicts as a minor is a minor.
(c) Mistake of Age. -- Mistake of age is not a defense to a
prosecution under this section.
(d) Punishment and Sentencing. -- Violation of this section
is a Class F felony. (1985, c. 703, s. 9; 1993, c. 539, s. 1197;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-190.17A. Third degree sexual exploitation of a
minor.
(a) Offense. -- A person commits the offense of third
degree sexual exploitation of a minor if, knowing the character
or content of the material, he possesses material that contains a
visual representation of a minor engaging in sexual activity.
(b) Inference. -- In a prosecution under this section,
the trier of fact may infer that a participant in sexual activity
whom material through its title, text, visual representations or
otherwise represents or depicts as a minor is a minor.
(c) Mistake of Age. -- Mistake of age is not a defense to
a prosecution under this section.
(d) Punishment and Sentencing. -- Violation of this
section is a Class I felony. (1989 (Reg. Sess., 1990), c. 1022,
s. 1; 1993, c. 539, s. 1198; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-190.18. Promoting prostitution of a
minor.
(a) Offense. -- A person commits the offense of promoting
prostitution of a minor if he knowingly:
(1) Entices, forces, encourages, or otherwise
facilitates a minor to participate in prostitution; or
(2) Supervises, supports, advises, or protects the
prostitution of or by a minor.
(b) Mistake of Age. -- Mistake of age is not a defense to a
prosecution under this section.
(c) Punishment and Sentencing. -- Violation of this section
is a Class D felony. (1985, c. 703, s. 9; 1993, c. 539, s. 1199;
1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 507, s. 19.5(p).)
§ 14-190.19. Participating in prostitution of a
minor.
(a) Offense. -- A person commits the offense of
participating in the prostitution of a minor if he is not a minor
and he patronizes a minor prostitute. As used in this section,
"patronizing a minor prostitute" means:
(1) Soliciting or requesting a minor to participate
in prostitution;
(2) Paying or agreeing to pay a minor, either
directly or through the minor's agent, to participate in
prostitution; or
(3) Paying a minor, or the minor's agent, for
having participated in prostitution, pursuant to a prior
agreement.
(b) Mistake of Age. -- Mistake of age is not a defense to a
prosecution under this section.
(c) Punishment and Sentencing. -- Violation of this section
is a Class F felony. (1985, c. 703, s. 9; 1993, c. 539, s. 1200;
1994, Ex. Sess., c. 24, s. 14(c).)
§14-190.20. Warrants for obscenity offenses.
A search warrant or criminal process for a violation of G.S.
14-190.1 through 14-190.5 may be issued only upon the request of
a prosecutor. (1985, c. 703, s. 9.1.)
§14-191. Repealed by Session Laws 1971, c. 591, s. 4.
§§14-192, 14-193. Repealed by Session Laws 1971, c. 405,
s. 4.
§14-194. Repealed by Session Laws 1971, c. 591, s. 4.
§ 14-195: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 767, s. 30(11).
§ 14-196. Using profane, indecent or threatening
language to any person over telephone; annoying or harassing by
repeated telephoning or making false statements over
telephone.
(a) It shall be unlawful for any person:
(1) To use in telephonic communications any words
or language of a profane, vulgar, lewd, lascivious or indecent
character, nature or connotation;
(2) To use in telephonic or electronic-mail
communications any words or language threatening to inflict
bodily harm to any person or to that person's child, sibling,
spouse, or dependent or physical injury to the property of any
person, or for the purpose of extorting money or other things of
value from any person;
(3) To telephone another repeatedly, whether or not
conversation ensues, for the purpose of abusing, annoying,
threatening, terrifying, harassing or embarrassing any person at
the called number;
(4) To make a telephone call and fail to hang up or
disengage the connection with the intent to disrupt the service
of another;
(5) To telephone another and to knowingly make any
false statement concerning death, injury, illness, disfigurement,
indecent conduct or criminal conduct of the person telephoned or
of any member of his family or household with the intent to
abuse, annoy, threaten, terrify, harass, or embarrass;
(6) To knowingly permit any telephone under his
control to be used for any purpose prohibited by this section.
(b) Any of the above offenses may be deemed to have been
committed at either the place at which the telephone call or
calls were made or at the place where the telephone call or calls
were received. For purposes of this section, the term "telephonic
communications" shall include communications made or received by
way of a telephone answering machine or recorder, telefacsimile
machine, or computer modem.
(c) Anyone violating the provisions of this section shall
be guilty of a Class 2 misdemeanor. (1913, c. 35; 1915, c. 41;
C.S., s. 4351; 1967, c. 833, s. 1; 1989, c. 305; 1993, c. 539, s.
128; 1994, Ex. Sess., c. 24, s. 14(c); 1999-262, s. 1.)
§§14-196.1, 14-196.2. Repealed by Session Laws 1967, c.
833, s. 3.
§ 14-197. Using profane or indecent language on
public highways; counties exempt.
If any person shall, on any public road or highway and in
the hearing of two or more persons, in a loud and boisterous
manner, use indecent or profane language, he shall be guilty of a
Class 3 misdemeanor. The following counties shall be exempt from
the provisions of this section: Pitt and Swain. (1913, c. 40;
C.S., s. 4352; Pub. Loc. Ex. Sess., 1924, c. 65; 1933, c. 309;
1937, c. 9; 1939, c. 73; 1945, c. 398; 1947, cc. 144, 959; 1949,
c. 845; 1957, c. 348; 1959, c. 733; 1963, cc. 39, 123; 1969, c.
300; 1971, c. 718; 1973, cc. 120, 233; 1993, c. 539, s. 129;
1994, Ex. Sess., c. 24, s. 14(c).)
§14-198. Repealed by Session Laws 1975, c. 402.
§ 14-199. Obstructing way to places of public
worship.
If any person shall maliciously stop up or obstruct the way
leading to any place of public worship, or to any spring or well
commonly used by the congregation, he shall be guilty of a Class
2 misdemeanor. (1785, c. 241, P.R.; R.C., c. 97, s. 5; Code, s.
3669; Rev., s. 3776; C.S., s. 4354; 1945, c. 635; 1969, c. 1224,
s. 1; 1993, c. 539, s. 130; 1994, Ex. Sess., c. 24, s. 14(c).)
§§ 14-200, 14-201: Repealed by Session Laws 1994,
Ex. Sess., c. 14, s. 72(9), (10).
§ 14-202. Secretly peeping into room occupied
by female person.
Any person who shall peep secretly into any room occupied by
a female person shall be guilty of a Class 1 misdemeanor. (1923,
c. 78; C.S., s. 4356(a); 1957, c. 338; 1993, c. 539, s. 131;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-202.1. Taking indecent liberties with
children.
(a) A person is guilty of taking indecent liberties with
children if, being 16 years of age or more and at least five
years older than the child in question, he 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.
(b) Taking indecent liberties with children is punishable
as a Class F felony. (1955, c. 764; 1975, c. 779; 1979, c. 760,
s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179,
s. 14; 1993, c. 539, s. 1201; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-202.2. Indecent liberties between
children.
(a) 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 than the defendant for the purpose of
arousing or gratifying sexual desire.
(b) A violation of this section is punishable as a Class 1
misdemeanor. (1995, c. 494, s. 1; 1995 (Reg. Sess., 1996), c.
742, s. 12.)
§ 14-202.3. Solicitation of child by computer
to commit an unlawful sex act.
(a) Offense. -- A person is guilty of solicitation of a
child by a computer if the person is 16 years of age or older and
the person knowingly, with the intent to commit an unlawful sex
act, entices, advises, coerces, orders, or commands, by means of
a computer, a child who is less than 16 years of age and at least
3 years younger than the defendant, to meet with the defendant or
any other person for the purpose of committing an unlawful sex
act.
(b) Jurisdiction. -- The offense is committed in the State
for purposes of determining jurisdiction, if the transmission
that constitutes the offense either originates in the State or is
received in the State.
(c) Punishment. -- A violation of this section is a Class I
felony. (1995 (Reg. Sess., 1996), c. 632, s. 1.)
§ 14-202.4. Taking indecent liberties with a
student.
(a) If a defendant, who is a teacher, school administrator,
student teacher, or coach, at any age, or who is other school
personnel and is at least four years older than the victim, 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, the defendant is guilty of a Class I felony, unless the
conduct is covered under some other provision of law providing
for greater punishment. The term "same school" means a school at
which the student is enrolled and the school personnel is
employed or volunteers. A person is not guilty of taking indecent
liberties with a student if the person is lawfully married to the
student.
(b) If a defendant, who is school personnel, other than a
teacher, school administrator, student teacher, or coach, and who
is less than four years older than the victim, takes indecent
liberties with a student as provided in subsection (a) of this
section, the defendant is guilty of a Class A1 misdemeanor.
(c) Consent is not a defense to a charge under this
section.
(d) For purposes of this section, the following definitions
apply:
(1) "Indecent liberties" means:
a. Willfully taking or attempting to take any
immoral, improper, or indecent liberties with a student for the
purpose of arousing or gratifying sexual desire; or
b. Willfully committing or attempting to
commit any lewd or lascivious act upon or with the body or any
part or member of the body of a student.
For purposes of this section, the term indecent
liberties does not include vaginal intercourse or a sexual act as
defined by G.S. 14-27.1.
(2) "School" means any public school, charter
school, or nonpublic school under Parts 1 and 2 of Article 39 of
Chapter 115C of the General Statutes.
(3) "School personnel" means any person included in
the definition contained in G.S. 115C-332(a)(2), and any person
who volunteers at a school or a school-sponsored activity.
(4) "Student" means a person enrolled in
kindergarten, or in grade one through grade 12 in any school.
(1999-300, s. 1.)
ARTICLE 26A.
Adult Establishments.
§ 14-202.10. Definitions.
As used in this Article:
(1) "Adult bookstore" means a bookstore:
a. Which receives a majority of its gross
income during any calendar month from the sale or rental of
publications (including books, magazines, other periodicals,
videotapes, compact discs, other photographic, electronic,
magnetic, digital, or other imaging medium) which are
distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specified sexual activities
or specified anatomical areas, as defined in this section; or
b. Having as a preponderance (either in terms
of the weight and importance of the material or in terms of
greater volume of materials) of its publications (including
books, magazines, other periodicals, videotapes, compact discs,
other photographic, electronic, magnetic, digital, or other
imaging medium) which are distinguished or characterized by their
emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas, as
defined in this section.
(2) "Adult establishment" means an adult bookstore,
adult motion picture theatre, adult mini motion picture theatre,
adult live entertainment business, or massage business as defined
in this section.
(3) "Adult live entertainment" means any
performance of or involving the actual presence of real people
which exhibits specified sexual activities or specified
anatomical areas, as defined in this section.
(4) "Adult live entertainment business" means any
establishment or business wherein adult live entertainment is
shown for observation by patrons.
(5) "Adult motion picture theatre" means an
enclosed building or premises used for presenting motion
pictures, a preponderance of which are distinguished or
characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical
areas, as defined in this section, for observation by patrons
therein. "Adult motion picture theatre" does not include any
adult mini motion picture theatre as defined in this section.
(6) "Adult mini motion picture theatre" means an
enclosed building with viewing booths designed to hold patrons
which is used for presenting motion pictures, a preponderance of
which are distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities
or specified anatomical areas as defined in this section, for
observation by patrons therein.
(7) "Massage" means the manipulation of body muscle
or tissue by rubbing, stroking, kneading, or tapping, by hand or
mechanical device.
(8) "Massage business" means any establishment or
business wherein massage is practiced, including establishments
commonly known as health clubs, physical culture studios, massage
studios, or massage parlors.
(9) "Sexually oriented devices" means without
limitation any artificial or simulated specified anatomical area
or other device or paraphernalia that is designed principally for
specified sexual activities but shall not mean any contraceptive
device.
(10) "Specified anatomical areas" means:
a. Less than completely and opaquely covered:
(i) human genitals, pubic region, (ii) buttock, or (iii) female
breast below a point immediately above the top of the areola; or
b. Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
(11) "Specified sexual activities" means:
a. Human genitals in a state of sexual
stimulation or arousal;
b. Acts of human masturbation, sexual
intercourse or sodomy; or
c. Fondling or other erotic touchings of human
genitals, pubic regions, buttocks or female breasts. (1977, c.
987, s. 1; 1985, c. 731, s. 1; 1998-46, s. 4.)
§ 14-202.11. Restrictions as to adult
establishments.
(a) No person shall permit any building, premises,
structure, or other facility that contains any adult
establishment to contain any other kind of adult establishment.
No person shall permit any building, premises, structure, or
other facility in which sexually oriented devices are sold,
distributed, exhibited, or contained to contain any adult
establishment.
(b) No person shall permit any viewing booth in an adult
mini motion picture theatre to be occupied by more than one
person at any time.
(c) Nothing in this section shall be deemed to preempt
local government regulation of the location or operation of adult
establishments or other sexually oriented businesses to the
extent consistent with the constitutional protection afforded
free speech. (1977, c. 987, s. 1; 1985, c. 731, s. 2; 1998-46, s.
5.)
§ 14-202.12. Violations; penalties.
Any person who violates G.S. 14-202.11 shall be guilty of a
Class 3 misdemeanor. Any person who has been previously
convicted of a violation of G.S. 14-202.11, upon conviction for a
second or subsequent violation of G.S. 14-202.11, shall be guilty
of a Class 2 misdemeanor.
As used herein, "person" shall include:
(1) The agent in charge of the building, premises,
structure or facility; or
(2) The owner of the building, premises, structure
or facility when such owner knew or reasonably should have known
the nature of the business located therein, and such owner
refused to cooperate with the public officials in reasonable
measures designed to terminate the proscribed use; provided,
however, that if there is an agent in charge, and if the owner
did not have actual knowledge, the owner shall not be prosecuted;
or
(3) The owner of the business; or
(4) The manager of the business. (1977, c. 987, s.
1; 1985, c. 731, s. 3; 1993, c. 539, s. 132; 1994, Ex. Sess., c.
24, s. 14(c).)
ARTICLE 27.
Prostitution.
§ 14-203. Definition of terms.
The term "prostitution" shall be construed to include the
offering or receiving of the body for sexual intercourse for
hire, and shall also be construed to include the offering or
receiving of the body for indiscriminate sexual intercourse
without hire. The term "assignation" shall be construed to
include the making of any appointment or engagement for
prostitution or any act in furtherance of such appointment or
engagement. (1919, c. 215, s. 2; C.S., s. 4357.)
§14-204. Prostitution and various acts abetting prostitution
unlawful.
It shall be unlawful:
(1) To keep, set up, maintain, or operate any place,
structure, building or conveyance for the purpose of prostitution
or assignation.
(2) To occupy any place, structure, building, or conveyance
for the purpose of prostitution or assignation; or for any person
to permit any place, structure, building or conveyance owned by
him or under his control to be used for the purpose of
prostitution or assignation, with knowledge or reasonable cause
to know that the same is, or is to be, used for such purpose.
(3) To receive, or to offer or agree to receive any person
into any place, structure, building, or conveyance for the
purpose of prostitution or assignation, or to permit any person
to remain there for such purpose.
(4) To direct, take, or transport, or to offer or agree to
take or transport, any person to any place, structure, or
building or to any other person, with knowledge or reasonable
cause to know that the purpose of such directing, taking, or
transporting is prostitution or assignation.
(5) To procure, or to solicit, or to offer to procure or
solicit for the purpose of prostitution or assignation.
(6) To reside in, enter, or remain in any place, structure,
or building, or to enter or remain in any conveyance, for the
purpose of prostitution or assignation.
(7) To engage in prostitution or assignation, or to aid or
abet prostitution or assignation by any means whatsoever. (1919,
c. 215, s. 1; C.S., s. 4358.)
§ 14-204.1. Loitering for the purpose of
engaging in prostitution offense.
(a) For the purposes of this section, "public place" means
any street, sidewalk, bridge, alley or alleyway, plaza, park,
driveway, parking lot or transportation facility, or the doorways
and entrance ways to any building which fronts on any of those
places, or a motor vehicle in or on any of those places.
(b) If a person remains or wanders about in a public place
and
(1) Repeatedly beckons to, stops, or attempts to
stop passers-by, or repeatedly attempts to engage passers-by in
conversation; or
(2) Repeatedly stops or attempts to stop motor
vehicles; or
(3) Repeatedly interferes with the free passage of
other persons
for the purpose of violating any subdivision of G.S. 14-204 or
14-177, that person is guilty of a Class 1 misdemeanor. (1979, c.
873, s. 2; 1993, c. 539, s. 133; 1994, Ex. Sess., c. 24, s.
14(c).)
§14-205. Prosecution; in what courts.
Prosecutions for the violation of any of the provisions of
this Article shall be tried in the courts of this State wherein
misdemeanors are triable except those courts the jurisdiction of
which is so limited by the Constitution of this State that such
jurisdiction cannot by statute be extended to include criminal
actions of the character herein described. (1919, c. 215, s. 6;
C.S., s. 4359.)
§14-206. Reputation and prior conviction admissible as
evidence.
In the trial of any person charged with a violation of any
of the provisions of this Article, testimony of a prior
conviction, or testimony concerning the reputation of any place,
structure, or building, and of the person or persons who reside
in or frequent the same, and of the defendant, shall be
admissible in evidence in support of the charge. (1919, c. 215,
s. 3; C.S., s. 4360.)
§14-207. Degrees of guilt.
Any person who shall be found to have committed two or more
violations of any of the provisions of G.S. 14-204 of this
Article within a period of one year next preceding the date named
in an indictment, information, or charge of violating any of the
provisions of such section, shall be deemed guilty in the first
degree. Any person who shall be found to have committed a single
violation of any of the provisions of such section shall be
deemed guilty in the second degree. (1919, c. 215, s. 4; C.S., s.
4361.)
§ 14-208. Punishment; probation; parole.
Any person who shall be deemed guilty in the first degree,
as set forth in G.S. 14-207, shall be guilty of a Class 1
misdemeanor: Provided, that in case of a commitment to a
reformatory institution, the commitment shall be made for an
indeterminate period of time of not less than one nor more than
three years in duration, and the board of managers or directors
of the reformatory institution shall have authority to discharge
or to place on parole any person so committed after the service
of the minimum term or any part thereof, and to require the
return to said institution for the balance of the maximum term of
any person who shall violate the terms or conditions of the
parole.
Notwithstanding the previous paragraph, any person who shall
be deemed guilty in the first degree, as set forth in G.S.
14-207, shall be guilty of a Class 1 misdemeanor. This paragraph
applies only in cities with a population of 300,000 or over,
according to the most recent decennial federal census, but shall
only apply in a city within that class if the city has adopted an
ordinance to that effect, which ordinance makes a finding that
prostitution is a serious problem within the city.
Any person who shall be deemed guilty in the second degree,
as set forth in G.S. 14-207, shall be guilty of a Class 1
misdemeanor: Provided, that the defendant may be placed on
probation in the care of a probation officer designated by law,
or theretofore appointed by the court.
Probation or parole shall be granted or ordered in the case
of a person infected with venereal disease only on such terms and
conditions as shall insure medical treatment therefor and prevent
the spread thereof, and the court may order any convicted
defendant to be examined for venereal disease.
No girl or woman who shall be convicted under this Article
shall be placed on probation or on parole in the care or charge
of any person except a woman probation officer. (1919, c. 215, s.
5; C.S., s. 4362; 1921, c. 101; 1981, c. 969, ss. 1, 2; 1993, c.
539, s. 134; 1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 27A.
Sex Offender and Public Protection Registration Programs.
Part 1. Registration Programs, Purpose and Definitions Generall
y.
§ 14-208.5. Purpose.
The General Assembly recognizes that sex offenders often
pose a high risk of engaging in sex offenses even after being
released from incarceration or commitment and that protection of
the public from sex offenders is of paramount governmental
interest.
The General Assembly also recognizes that persons who commit
certain other types of offenses against minors, such as
kidnapping, pose significant and unacceptable threats to the
public safety and welfare of the children in this State and that
the protection of those children is of great governmental
interest. Further, the General Assembly recognizes that law
enforcement officers' efforts to protect communities, conduct
investigations, and quickly apprehend offenders who commit sex
offenses or certain offenses against minors are impaired by the
lack of information available to law enforcement agencies about
convicted offenders who live within the agency's jurisdiction.
Release of information about these offenders will further the
governmental interests of public safety so long as the
information released is rationally related to the furtherance of
those goals.
Therefore, it is the purpose of this Article to assist law
enforcement agencies' efforts to protect communities by requiring
persons who are convicted of sex offenses or of certain other
offenses committed against minors to register with law
enforcement agencies, to require the exchange of relevant
information about those offenders among law enforcement agencies,
and to authorize the access to necessary and relevant information
about those offenders to others as provided in this Article.
(1995, c. 545, s. 1; 1997-516, s. 1.)
§ 14-208.6. Definitions.
The following definitions apply in this Article:
(1a) "County registry" means the information
compiled by the sheriff of a county in compliance with this
Article.
(1b) "Division" means the Division of Criminal
Statistics of the Department of Justice.
(1c) "Mental abnormality" means a congenital or
acquired condition of a person that affects the emotional or
volitional capacity of the person in a manner that predisposes
that person to the commission of criminal sexual acts to a degree
that makes the person a menace to the health and safety of
others.
(1d) "Offense against a minor" means any of the
following offenses if the offense is committed against a minor,
and the person committing the offense is not the minor's parent:
G.S. 14-39 (kidnapping), G.S. 14-41 (abduction of children), and
G.S. 14-43.3 (felonious restraint). The term also includes the
following if the person convicted of the following is not the
minor's parent: a solicitation or conspiracy to commit any of
these offenses; aiding and abetting any of these offenses.
(2) "Penal institution" means:
a. A detention facility operated under the
jurisdiction of the Division of Prisons of the Department of
Correction;
b. A detention facility operated under the
jurisdiction of another state or the federal government; or
c. A detention facility operated by a local
government in this State or another state.
(2a) "Personality disorder" means an enduring
pattern of inner experience and behavior that deviates markedly
from the expectations of the individual's culture, is pervasive
and inflexible, has an onset in adolescence or early adulthood,
is stable over time, and leads to distress or impairment.
(3) "Release" means discharged or paroled.
(4) "Reportable conviction" means:
a. A final conviction for an offense against a
minor, a sexually violent offense, or an attempt to commit any of
those offenses unless the conviction is for aiding and abetting.
A final conviction for aiding and abetting is a reportable
conviction only if the court sentencing the individual finds that
the registration of that individual under this Article furthers
the purposes of this Article as stated in G.S. 14-208.5.
b. A final conviction in another state of an
offense, which if committed in this State, would have been an
offense against a minor or a sexually violent offense as defined
by this section.
c. A final conviction in a federal
jurisdiction of an offense, which is substantially similar to an
offense against a minor or a sexually violent offense as defined
by this section.
(5) "Sexually violent offense" means a violation of
G.S. 14-27.2 (first degree rape), G.S. 14-27.3 (second degree
rape), G.S. 14-27.4 (first degree sexual offense), G.S. 14-27.5
(second degree sexual offense), G.S. 14-27.6 (attempted rape or
sexual offense), G.S. 14-27.7 (intercourse and sexual offense
with certain victims), 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-
190.16 (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-
190.18 (promoting prostitution of a minor), G.S. 14-190.19
(participating in prostitution of a minor), or G.S. 14-202.1
(taking indecent liberties with children). The term also includes
the following: a solicitation or conspiracy to commit any of
these offenses; aiding and abetting any of these offenses.
(6) "Sexually violent predator" means a person who
has been convicted of a sexually violent offense and who suffers
from a mental abnormality or personality disorder that makes the
person likely to engage in sexually violent offenses directed at
strangers or at a person with whom a relationship has been
established or promoted for the primary purpose of victimization.
(7) "Sheriff" means the sheriff of a county in this
State.
(8) "Statewide registry" means the central registry
compiled by the Division in accordance with G.S. 14-208.14.
(1995, c. 545, s. 1; 1997-15, ss. 1, 2; 1997-516, s. 1; 1999-363,
s. 1.)
§ 14-208.6A. Registration requirements for
criminal offenders and for criminal offenders determined to be
sexually violent predators.
It is the objective of the General Assembly to establish a
10-year registration requirement for persons convicted of certain
offenses against minors or sexually violent offenses. It is the
further objective of the General Assembly to establish a more
stringent set of registration requirements for a subclass of
highly dangerous sex offenders who are determined by a sentencing
court with the assistance of a board of experts to be sexually
violent predators.
To accomplish this objective, there are established two
registration programs: the Sex Offender and Public Protection
Registration Program and the Sexually Violent Predator
Registration Program. Any person convicted of an offense against
a minor or of a sexually violent offense as defined by this
Article shall register as an offender in accordance with Part 2
of this Article. Any person determined to be a sexually violent
predator shall register as such in accordance with Part 3 of this
Article.
The information obtained under these programs shall be
immediately shared with the appropriate local, State, federal,
and out-of-state law enforcement officials and penal
institutions. In addition, the information designated under G.S.
14-208.10(a) as public record shall be readily available to and
accessible by the public. However, the identity of the victim is
not public record and shall not be released as a public record.
(1997-516, s. 1.)
§ 14-208.6B. Registration requirements for
juveniles transferred to and convicted in superior court.
A juvenile transferred to superior court pursuant to G.S. 7B-
2200 who is convicted of a sexually violent offense or an offense
against a minor as defined in G.S. 14-208.6 shall register in
accordance with this Article just as an adult convicted of the
same offense must register. (1997-516, s. 1; 1998-202, s. 13(e).)
Part 2. Sex Offender and Public Protection Registration Program.
§ 14-208.7. Registration.
(a) A person who is a State resident and who has a
reportable conviction shall be required to maintain registration
with the sheriff of the county where the person resides. If the
person moves to North Carolina from outside this State, the
person shall register within 10 days of establishing residence in
this State, or whenever the person has been present in the State
for 15 days, whichever comes first. If the person is a current
resident of North Carolina, the person shall register:
(1) Within 10 days of release from a penal
institution or arrival in a county to live outside a penal
institution; or
(2) Immediately upon conviction for a reportable
offense where an active term of imprisonment was not imposed.
Registration shall be maintained for a period of 10 years
following release from a penal institution. If no active term of
imprisonment was imposed, registration shall be maintained for a
period of 10 years following each conviction for a reportable
offense.
(b) The Division shall provide each sheriff with forms for
registering persons as required by this Article. The registration
form shall require:
(1) The person's full name, each alias, date of
birth, sex, race, height, weight, eye color, hair color, drivers
license number, and home address;
(2) The type of offense for which the person was
convicted, the date of conviction, and the sentence imposed;
(3) A current photograph; and
(4) The person's fingerprints.
The sheriff shall photograph the individual at the time of
registration and take fingerprints from the individual at the
time of registration both of which will be kept as part of the
registration form. The registrant will not be required to pay any
fees for the photograph or fingerprints taken at the time of
registration.
(c) When a person registers, the sheriff with whom the
person registered shall immediately send the registration
information to the Division in a manner determined by the
Division. The sheriff shall retain the original registration form
and other information collected and shall compile the information
that is a public record under this Part into a county registry.
(1995, c. 545, s. 1; 1997-516, s. 1.)
§ 14-208.8. Prerelease notification.
(a) At least 10 days, but not earlier than 30 days, before
a person who will be subject to registration under this Article
is due to be released from a penal institution, an official of
the penal institution shall:
(1) Inform the person of the person's duty to
register under this Article and require the person to sign a
written statement that the person was so informed or, if the
person refuses to sign the statement, certify that the person was
so informed;
(2) Obtain the registration information required
under G.S. 14-208.7(b)(1) and (2), as well as the address where
the person expects to reside upon the person's release; and
(3) Send the Division and the sheriff of the county
in which the person expects to reside the information collected
in accordance with subdivision (2) of this subsection.
(b) If a person who is subject to registration under this
Article does not receive an active term of imprisonment, the
court pronouncing sentence shall conduct, at the time of
sentencing, the notification procedures specified in subsection
(a) of this section. (1995, c. 545, s. 1; 1997-516, s. 1.)
§ 14-208.9. Change of address.
If a person required to register changes address, the person
shall provide written notice of the new address not later than
the tenth day after the change to the sheriff of the county with
whom the person had last registered. Upon receipt of the notice,
the sheriff shall immediately forward this information to the
Division. If the person moves to another county in this State,
the Division shall inform the sheriff of the new county of the
person's new residence. (1995, c. 545, s. 1; 1997-516, s. 1.)
§ 14-208.9A. Verification of registration
information.
The information in the county registry shall be verified
annually for each registrant as follows:
(1) Every year on the anniversary of a person's
initial registration date, the Division shall mail a
nonforwardable verification form to the last reported address of
the person.
(2) The person shall return the verification form
to the sheriff within 10 days after the receipt of the form.
(3) The verification form shall be signed by the
person and shall indicate whether the person still resides at the
address last reported to the sheriff. If the person has a
different address, then the person shall indicate that fact and
the new address.
(4) If the person fails to return the verification
form to the sheriff within 10 days after receipt of the form, the
person is subject to the penalties provided in G.S. 14-208.11. If
the verification form is returned to the sheriff as
undeliverable, the sheriff shall make a reasonable attempt to
verify that the person is residing at the registered address. If
the person cannot be found at the registered address and has
failed to report a change of address, the person is subject to
the penalties provided in G.S. 14-208.11, unless the person
reports in person to the sheriff and proves that the person has
not changed his or her residential address. (1997-516, s. 1.)
§ 14-208.10. Registration information is public
record; access to registration information.
(a) The following information regarding a person required
to register under this Article is public record and shall be
available for public inspection: name, sex, address, physical
description, picture, conviction date, offense for which
registration was required, the sentence imposed as a result of
the conviction, and registration status. The information obtained
under G.S. 14-208.22 regarding a person's medical records or
documentation of treatment for the person's mental abnormality or
personality disorder shall not be a part of the public record.
The sheriff shall release any other relevant information
that is necessary to protect the public concerning a specific
person, but shall not release the identity of the victim of the
offense that required registration under this Article.
(b) Any person may obtain a copy of an individual's
registration form, a part of the county registry, or all of the
county registry, by submitting a written request for the
information to the sheriff. However, the identity of the victim
of an offense that requires registration under this Article shall
not be released. The sheriff may charge a reasonable fee for
duplicating costs and for mailing costs when appropriate. (1995,
c. 545, s. 1; 1997-516, s. 1.)
§ 14-208.11. Failure to register; falsification
of verification notice; failure to return verification form;
order for arrest.
(a) A person required by this Article to register who does
any of the following is guilty of a Class F felony:
(1) Fails to register.
(2) Fails to notify the last registering sheriff of
a change of address.
(3) Fails to return a verification notice as
required under G.S. 14-208.9A.
(4) Forges or submits under false pretenses the
information or verification notices required under this Article.
(a1) If a person commits a violation of subsection (a) of
this section, the probation officer, parole officer, or any other
law enforcement officer who is aware of the violation shall
immediately arrest the person in accordance with G.S. 15A-401, or
seek an order for the person's arrest in accordance with G.S. 15A-
305.
(b) Before a person convicted of a violation of this
Article is due to be released from a penal institution, an
official of the penal institution shall conduct the prerelease
notification procedures specified under G.S. 14-208.8(a)(2) and
(3). If upon a conviction for a violation of this Article, no
active term of imprisonment is imposed, the court pronouncing
sentence shall, at the time of sentencing, conduct the
notification procedures specified under G.S. 14-208.8(a)(2) and
(3). (1995, c. 545, s. 1; 1997-516, s. 1.)
§ 14-208.12: Repealed by Session Laws 1997-516.
§ 14-208.12A. Termination of registration
requirement.
(a) The requirement that a person register under this Part
automatically terminates 10 years from the date of initial county
registration if the person has not been convicted of a subsequent
offense requiring registration under this Article.
(b) If there is a subsequent offense, the county
registration records shall be retained until the registration
requirement for the subsequent offense is terminated. (1997-516,
s. 1.)
§ 14-208.13. File with Police Information
Network.
(a) The Division shall include the registration information
in the Police Information Network as set forth in G.S. 114-10.1.
(b) The Division shall maintain the registration
information permanently even after the registrant's reporting
requirement expires. (1995, c. 545, s. 1; 1997-516, s. 1.)
§ 14-208.14. Statewide registry; Division of
Criminal Statistics designated custodian of statewide
registry.
(a) The Division of Criminal Statistics shall compile and
keep current a central statewide sex offender registry. The
Division is the State agency designated as the custodian of the
statewide registry. As custodian the Division has the following
responsibilities:
(1) To receive from the sheriff or any other law
enforcement agency or penal institution all sex offender
registrations, changes of address, and prerelease notifications
required under this Article or under federal law. The Division
shall also receive notices of any violation of this Article,
including a failure to register or a failure to report a change
of address.
(2) To provide all need-to-know law enforcement
agencies (local, State, federal, and those located in other
states) immediately upon receipt by the Division of any of the
following: registration information, a prerelease notification, a
change of address, or notice of a violation of this Article.
(3) To coordinate efforts among law enforcement
agencies and penal institutions to ensure that the registration
information, changes of address, prerelease notifications, and
notices of failure to register or to report a change of address
are conveyed in an appropriate and timely manner.
(4) To provide public access to the statewide
registry in accordance with this Article.
(b) The statewide registry shall include the following:
(1) Registration information obtained by a sheriff
or penal institution under this Article or from any other local
or State law enforcement agency.
(2) Registration information received from a state
or local law enforcement agency or penal institution in another
state.
(3) Registration information received from a
federal law enforcement agency or penal institution. (1997-516,
s. 1.)
§ 14-208.15. Certain statewide registry
information is public record: access to statewide registry.
(a) The information in the statewide registry that is
public record is the same as in G.S. 14-208.10. The Division
shall release any other relevant information that is necessary to
protect the public concerning a specific person, but shall not
release the identity of the victim of the offense that required
registration under this Article.
(b) The Division shall provide free public access to
automated data from the statewide registry, including photographs
provided by the registering sheriffs, via the Internet. The
public will be able to access the statewide registry to view an
individual registration record, a part of the statewide registry,
or all of the statewide registry. The Division may also provide
copies of registry information to the public upon written request
and may charge a reasonable fee for duplicating costs and
mailings costs. (1997-516, s. 1.)
Part 3. Sexually Violent Predator Registration Program.
§ 14-208.20. Sexually violent predator
determination; notice of intent; presentence investigation.
(a) When a person is charged by indictment or information
with the commission of a sexually violent offense, the district
attorney shall decide whether to seek classification of the
offender as a sexually violent predator if the person is
convicted. If the district attorney intends to seek the
classification of a sexually violent predator, the district
attorney shall within the time provided for the filing of
pretrial motions under G.S. 15A-952 file a notice of the district
attorney's intent. The court may for good cause shown allow late
filing of the notice, grant additional time to the parties to
prepare for trial, or make other appropriate orders.
(b) Prior to sentencing a person as a sexually violent
predator, the court shall order a presentence investigation in
accordance with G.S. 15A-1332(c). However, the study of the
defendant and whether the defendant is a sexually violent
predator shall be conducted by a board of experts selected by the
Department of Correction. The board of experts shall be composed
of at least two people who are experts in the field of the
behavior and treatment of sexual offenders, one of whom is
selected from a panel of experts in those fields provided by the
North Carolina Medical Society and not employed with the
Department of Correction or employed on a full-time basis with
any other State agency.
(c) When the defendant is returned from the presentence
commitment, the court shall hold a sentencing hearing in
accordance with G.S. 15A-1334. At the sentencing hearing, the
court shall, after taking the presentencing report under
advisement, make written findings as to whether the defendant is
classified as a sexually violent predator and the basis for the
court's findings. (1997-516, s. 1.)
§ 14-208.21. Registration procedure for
sexually violent predator; application of Part 2 of this
Article.
The provisions of Part 2 of this Article apply to a person
classified as a sexually violent predator unless provided
otherwise by this Part. The procedure for registering as a
sexually violent predator is the same as under Part 2 of this
Article. (1997-516, s. 1.)
§ 14-208.22. Additional registration information
required.
(a) In addition to the information required by G.S. 14-
208.7, the following information shall also be obtained in the
same manner as set out in Part 2 of this Article from a person
who is classified as a sexually violent predator:
(1) Identifying factors.
(2) Offense history.
(3) Documentation of any treatment received by the
person for the person's mental abnormality or personality
disorder.
(b) The Division shall provide each sheriff with forms for
registering persons as required by this Article.
(c) The Department of Correction shall also obtain the
additional information set out in subsection (a) of this section
and shall include this information in the prerelease notice
forwarded to the sheriff or other appropriate law enforcement
agency. (1997-516, s. 1.)
§ 14-208.23. Length of registration.
The requirement that a person who is classified as a
sexually violent predator maintain registration shall terminate
only upon a determination, made in accordance with this Part,
that the person no longer suffers from a mental abnormality or
personality disorder that would make the person likely to engage
in a predatory sexually violent offense. (1997-516, s. 1.)
§ 14-208.24. Verification of registration
information.
(a) The information in the county registry shall be
verified by the sheriff for each registrant who is classified as
a sexually violent predator every 90 days after the person's
initial registration date.
(b) The procedure for verifying the information in the
criminal offender registry is the same as under G.S. 14-208.9A,
except that verification shall be every 90 days as provided by
subsection (a) of this section. (1997-516, s. 1.)
§ 14-208.25. Termination of registration
requirement.
Ten years from the date of a person's initial registration
as a sexually violent predator, a person may petition the
superior court to review the person's classification as a
sexually violent predator if the person has committed no
subsequent reportable convictions. The decision as to whether to
grant the review is in the discretion of the court. If the court
grants the review, the court shall order a presentence commitment
study as provided in G.S. 14-208.20(b). Upon receipt of the study
results, the court shall hold a hearing to determine whether the
person's classification as a sexually violent predator should be
terminated. The procedure for the hearing shall be the same as
under G.S 15A-1334(b) and (c). The court shall make written
findings of fact with regard to the court's decision and the
basis for that decision. (1997-516, s. 1.)
Part 4. Registration of Certain Juveniles Adjudicated
for Committing Certain Offenses.
§ 14-208.26. Registration of certain juveniles
adjudicated delinquent for committing certain offenses.
(a) When a juvenile is adjudicated delinquent for a
violation of G.S. 14-27.2 (first degree rape), G.S. 14-27.3
(second degree rape), G.S. 14-27.4 (first degree sexual offense),
G.S. 14-27.5 (second degree sexual offense), or G.S. 14-27.6
(attempted rape or 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.
A juvenile ordered to register under this Part shall
register and maintain that registration as provided by this Part.
(a1) For purposes of this section, a violation of any of
the offenses listed in subsection (a) of this section includes
all of the following: (i) the commission of any of those
offenses, (ii) the attempt, conspiracy, or solicitation of
another to commit any of those offenses, (iii) aiding and
abetting any of those offenses.
(b) If the court finds that the juvenile is a danger to the
community and must register, the presiding judge shall conduct
the notification procedures specified in G.S. 14-208.8. The chief
court counselor of that district shall file the registration
information for the juvenile with the appropriate sheriff. (1997-
516, s. 1; 1999-363, s. 2.)
§ 14-208.27. Change of address.
If a juvenile who is adjudicated delinquent and required to
register changes address, the court counselor for the juvenile
shall provide written notice of the new address not later than
the tenth day after the change to the sheriff of the county with
whom the juvenile had last registered. Upon receipt of the
notice, the sheriff shall immediately forward this information to
the Division. If the juvenile moves to another county in this
State, the Division shall inform the sheriff of the new county of
the juvenile's new residence. (1997-516, s. 1.)
§ 14-208.28. Verification of registration
information.
The information provided to the sheriff shall be verified
annually for each juvenile registrant as follows:
(1) Every year on the anniversary of a juvenile's
initial registration date, the sheriff shall mail a verification
form to the court counselor assigned to the juvenile.
(2) The court counselor for the juvenile shall
return the verification form to the sheriff within 10 days after
the receipt of the form.
(3) The verification form shall be signed by the
court counselor and the juvenile and shall indicate whether the
juvenile still resides at the address last reported to the
sheriff. If the juvenile has a different address, then that fact
and the new address shall be indicated on the form. (1997-516, s.
1.)
§ 14-208.29. Registration information is not
public record; access to registration information available only
to law enforcement agencies.
(a) Notwithstanding any other provision of law, the
information regarding a juvenile required to register under this
Part is not public record and is not available for public
inspection.
(b) The registration information of a juvenile adjudicated
delinquent and required to register under this Part shall be
maintained separately by the sheriff and released only to law
enforcement agencies. Under no circumstances shall the
registration of a juvenile adjudicated delinquent be included in
the county or statewide registries, or be made available to the
public via internet. (1997-516, s. 1.)
§ 14-208.30. Termination of registration
requirement.
The requirement that a juvenile adjudicated delinquent
register under this Part automatically terminates on the
juvenile's eighteenth birthday or when the jurisdiction of the
juvenile court with regard to the juvenile ends, whichever occurs
first. (1997-516, s. 1.)
§ 14-208.31. File with Police Information Network.
(a) The Division shall include the registration information
in the Police Information Network as set forth in G.S. 114-10.1.
(b) The Division shall maintain the registration
information permanently even after the registrant's reporting
requirement expires; however, the records shall remain
confidential in accordance with Article 32 of Chapter 7B of the
General Statutes. (1997-516, s. 1; 1998-202, s. 14.)
§ 14-208.32. Application of Part.
This Part does not apply to a juvenile who is tried and
convicted as an adult for committing or attempting to commit a
sexually violent offense or an offense against a minor. A
juvenile who is convicted of one of those offenses as an adult is
subject to the registration requirements of Part 2 and Part 3 of
this Article. (1997-516, s. 1.)
SUBCHAPTER VIII. OFFENSES AGAINST PUBLIC JUSTICE.
ARTICLE 28.
Perjury.
§ 14-209. Punishment for perjury.
If any person shall willfully and corruptly commit perjury,
on his oath or affirmation, in any suit, controversy, matter or
cause, depending in any of the courts of the State, or in any
deposition or affidavit taken pursuant to law, or in any oath or
affirmation duly administered of or concerning any matter or
thing whereof such person is lawfully required to be sworn or
affirmed, every person so offending shall be punished as a Class
F felon. (1791, c. 338, s. 1, P.R.; R.C., c. 34, s. 49; Code, s.
1092; Rev., s. 3615; C.S., s. 4364; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s.1, c. 179, s. 14; 1993, c.
539, s. 1202; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-210. Subornation of perjury.
If any person shall, by any means, procure another person to
commit such willful and corrupt perjury as is mentioned in G.S.
14-209, the person so offending shall be punished as a Class I
felon. (1791, c. 338, s. 2, P.R.; R.C., c. 34, s. 50; Code, s.
1093; Rev., s. 3616; C.S., s. 4365; 1993, c. 539, s. 1203; 1994,
Ex. Sess., c. 24, s. 14(c).)
§ 14-211. Perjury before legislative
committees.
If any person shall willfully and corruptly swear falsely to
any fact material to the investigation of any matter before any
committee or commission of either house of the General Assembly,
he shall be subject to all the pains and penalties of willful and
corrupt perjury, and, on conviction in the Superior Court of Wake
County, shall be punished as a Class I felon. (1869-70, c. 5, s.
4; Code, s. 2857; Rev., s. 3611; C.S., s. 4366; 1977, c. 344, s.
4; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c.
63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1204; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 14-212: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 71(7).
§§ 14-213 to 14-216: Repealed by Session
Laws 1989 (Reg. Sess., 1990), c. 1054, s. 6.
ARTICLE 29.
Bribery.
§ 14-217. Bribery of officials.
(a) If any person holding office under the laws of this
State who, except in payment of his legal salary, fees or
perquisites, shall receive, or consent to receive, directly or
indirectly, anything of value or personal advantage, or the
promise thereof, for performing or omitting to perform any
official act, which lay within the scope of his official
authority and was connected with the discharge of his official
and legal duties, or with the express or implied understanding
that his official action, or omission to act, is to be in any
degree influenced thereby, he shall be punished as a Class F
felon.
(b) Indictments issued under these provisions shall
specify:
(1) The thing of value or personal advantage sought
to be obtained; and
(2) The specific act or omission sought to be
obtained; and
(3) That the act or omission sought to be obtained
lay within the scope of the defendant's official authority and
was connected with the discharge of his official and legal
duties.
(c) Repealed by Session Laws 1993, c. 539, s. 1207.
(1868-9, c. 176, s. 2; Code, s. 991; Rev., s. 3568; C.S., s.
4372; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981,
c. 63, s. 1, c. 179, s. 14; 1983 (Reg. Sess., 1984), c. 1050, s.
1; 1993, c. 539, ss. 1206, 1207; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-218. Offering bribes.
If any person shall offer a bribe, whether it be accepted or
not, he shall be punished as a Class F felon. (1870-1, c. 232;
Code, s. 992; Rev., s. 3569; C.S., s. 4373; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1993, c. 539, s. 1208; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-219. Repealed by Session Laws 1983, c. 780, s. 1,
effective July 18, 1983.
§ 14-220. Bribery of jurors.
If any juror, either directly or indirectly, shall take
anything from the plaintiff or defendant in a civil suit, or from
any defendant in a State prosecution, or from any other person,
to give his verdict, every such juror, and the person who shall
give such juror any fee or reward to influence his verdict, or
induce or procure him to make any gain or profit by his verdict,
shall be punished as a Class F felon. (5 Edw. III, c. 10; 34 Edw.
III, c. 8; 38 Edw. III, c. 12; R.C., c. 34, s. 34; Code, s. 990;
Rev., s. 3697; C.S., s. 4375; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.
539, s. 1209; 1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 30.
Obstructing Justice.
§ 14-221. Breaking or entering jails with
intent to injure prisoners.
If any person shall conspire to break or enter any jail or
other place of confinement of prisoners charged with crime or
under sentence, for the purpose of killing or otherwise injuring
any prisoner confined therein; or if any person shall engage in
breaking or entering any such jail or other place of confinement
of such prisoners with intent to kill or injure any prisoner, he
shall be punished as a Class F felon. (1893, c. 461, s. 1; Rev.,
s. 3698; C.S., s. 4376; 1979, c. 760, s. 5; 1979, 2nd Sess., c.
1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s.
1210; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-221.1. Altering, destroying, or stealing evidence of
criminal conduct.
Any person who breaks or enters any building, structure,
compartment, vehicle, file, cabinet, drawer, or any other
enclosure wherein evidence relevant to any criminal offense or
court proceeding is kept or stored with the purpose of altering,
destroying or stealing such evidence; or any person who alters,
destroys, or steals any evidence relevant to any criminal offense
or court proceeding shall be punished as a Class I felon.
As used in this section, the word evidence shall mean any
article or document in the possession of a law-enforcement
officer or officer of the General Court of Justice being retained
for the purpose of being introduced in evidence or having been
introduced in evidence or being preserved as evidence. (1975, c.
806, ss. 1, 2; 1979, c. 760, s. 5.)
§14-221.2. Altering court documents or entering unauthorized
judgments.
Any person who without lawful authority intentionally enters
a judgment upon or materially alters or changes any criminal or
civil process, criminal or civil pleading, or other official case
record is guilty of a Class H felony. (1979, c. 526; 1979, 2nd
Sess., c. 1316, s. 14.)
§ 14-222: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 767, s. 30(12).
§ 14-223. Resisting officers.
If any person shall willfully and unlawfully resist, delay
or obstruct a public officer in discharging or attempting to
discharge a duty of his office, he shall be guilty of a Class 2
misdemeanor. (1889, c. 51, s. 1; Rev., s. 3700; C.S., s. 4378;
1969, c. 1224, s. 1; 1993, c. 539, s. 136; 1994, Ex. Sess., c.
24, s. 14(c).)
§14-224. Repealed by Session Laws 1973, c. 1286, s. 26.
§ 14-225. False reports to law enforcement
agencies or officers.
Any person who shall willfully make or cause to be made to a
law enforcement agency or officer any false, misleading or
unfounded report, for the purpose of interfering with the
operation of a law enforcement agency, or to hinder or obstruct
any law enforcement officer in the performance of his duty, shall
be guilty of a Class 2 misdemeanor. (1941, c. 363; 1969, c. 1224,
s. 3; 1993, c. 539, s. 137; 1994, Ex. Sess., c. 23.)
§ 14-225.1. Picketing or parading.
Any person who, with intent to interfere with, obstruct, or
impede the administration of justice, or with intent to influence
any justice or judge of the General Court of Justice, juror,
witness, district attorney, assistant district attorney, or court
officer, in the discharge of his duty, pickets, parades, or uses
any sound truck or similar device within 300 feet of an exit from
any building housing any court of the General Court of Justice,
or within 300 feet of any building or residence occupied or used
by such justice, judge, juror, witness, district attorney,
assistant district attorney, or court officer, shall upon plea or
conviction be guilty of a Class 1 misdemeanor. (1977, c. 266, s.
1; 1993, c. 539, s. 138; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-225.2. Harassment of and communication
with jurors.
(a) A person is guilty of harassment of a juror if he:
(1) With intent to influence the official action of
another as a juror, harasses, intimidates, or communicates with
the juror or his spouse; or
(2) As a result of the prior official action of
another as a juror in a grand jury proceeding or trial, threatens
in any manner or in any place, or intimidates the former juror or
his spouse.
(b) In this section "juror" means a grand juror or a petit
juror and includes a person who has been drawn or summoned to
attend as a prospective juror.
(c) A person who commits the offense defined in subdivision
(a)(1) of this section is guilty of a Class H felony. A person
who commits the offense defined in subdivision (a)(2) of this
section is guilty of a Class I felony. (1977, c. 711, s. 16;
1979, 2nd Sess., c. 1316, s. 15; 1981, c. 63, s. 1, c. 179, s.
14; 1985, c. 691; 1993, c. 539, s. 1211; 1994, Ex. Sess., c. 24,
s. 14(c).)
§ 14-226. Intimidating or interfering with
witnesses.
If any person shall by threats, menaces or in any other
manner intimidate or attempt to intimidate any person who is
summoned or acting as a witness in any of the courts of this
State, or prevent or deter, or attempt to prevent or deter any
person summoned or acting as such witness from attendance upon
such court, he shall be guilty of a Class H felony. (1891, c. 87;
Rev., s. 3696; C.S., s. 4380; 1977, c. 711, s. 16; 1993, c. 539,
s. 1212; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-226.1. Violating orders of court.
Any person who shall willfully disobey or violate any
injunction, restraining order, or any order lawfully issued by
any court for the purpose of maintaining or restoring public
safety and public order, or to afford protection for lives or
property during times of a public crisis, disaster, riot,
catastrophe, or when such condition is imminent, or for the
purpose of preventing and abating disorderly conduct as defined
in G.S. 14-288.4 shall be guilty of a Class 3 misdemeanor which
may include a fine not to exceed two hundred fifty dollars
($250.00). This section shall not in any manner affect the
court's power to punish for contempt. (1969, c. 1128; 1993, c.
539, s. 139; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-227. Failing to attend as witness before
legislative committees.
If any person shall willfully fail or refuse to attend or
produce papers, on summons of any committee of investigation of
either house of the General Assembly, either select or committee
of the whole, he shall be guilty of a Class 3 misdemeanor and
fined not less than five hundred dollars ($500.00) nor more than
one thousand dollars ($1,000). (1869-70, c. 5, s. 2; Code, s.
2854; Rev., s. 3692; C.S., s. 4381; 1993, c. 539, s. 140; 1994,
Ex. Sess., c. 24, s. 14(c).)
ARTICLE 30A.
Secret Listening.
§ 14-227.1. Secret listening to conference
between prisoner and his attorney.
(a) It shall be unlawful for any person willfully to
overhear, or procure any other person to overhear, or attempt to
overhear any spoken words between a person who is in the physical
custody of a law-enforcement agency or other public agency and
such person's attorney, by using any electronic amplifying,
transmitting, or recording device, or by any similar or other
mechanical or electrical device or arrangement, without the
consent or knowledge of all persons engaging in the conversation.
(b) No evidence procured in violation of this section shall
be admissible over objection against any person participating in
such conference in any court in this State. (1967, c. 187, s. 1.)
§14-227.2. Secret listening to deliberations of grand or petit
jury.
It shall be unlawful for any person willfully to overhear,
or procure any other person to overhear, or attempt to overhear
the investigations and deliberations of, or the taking of votes
by, a grand jury or a petit jury in a criminal case, by using any
electronic amplifying, transmitting, or recording device, or by
any similar or other mechanical or electrical device or
arrangement, without the consent or knowledge of said grand jury
or petit jury. (1967, c. 187, s. 1.)
§ 14-227.3. Violation made misdemeanor.
All persons violating the provisions of G.S. 14-227.1 or
14-227.2 shall be guilty of a Class 2 misdemeanor. (1967, c. 187,
s. 2; 1969, c. 1224, s. 6; 1993, c. 539, s. 141; 1994, Ex. Sess.,
c. 24, s. 14(c).)
ARTICLE 31.
Misconduct in Public Office.
§ 14-228. Buying and selling offices.
If any person shall bargain away or sell an office or
deputation of an office, or any part or parcel thereof, or shall
take money, reward or other profit, directly or indirectly, or
shall take any promise, covenant, bond or assurance for money,
reward or other profit, for an office or the deputation of an
office, or any part thereof, which office, or any part thereof,
shall touch or concern the administration or execution of
justice, or the receipt, collection, control or disbursement of
the public revenue, or shall concern or touch any clerkship in
any court of record wherein justice is administered; or if any
person shall give or pay money, reward or other profit, or shall
make any promise, agreement, bond or assurance for any of such
offices, or for the deputation of any of them, or for any part of
them, the person so offending in any of the cases aforesaid shall
be guilty of a Class I felony. (5, 6 Edw. VI, c. 16, ss. 1, 5;
R.C., c. 34, s. 33; Code, s. 998; Rev., s. 3571; C.S., s. 4382;
1993, c. 539, s. 1213; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-229. Acting as officer before qualifying as
such.
If any officer shall enter on the duties of his office
before he executes and delivers to the authority entitled to
receive the same the bonds required by law, and qualifies by
taking and subscribing and filing in the proper office the oath
of office prescribed, he shall be guilty of a Class 1 misdemeanor
and shall be ejected from his office. (Code, s. 79; Rev., s.
3565; C.S., s. 4383; 1999-408, s. 2.)
§ 14-230. Willfully failing to discharge
duties.
If any clerk of any court of record, sheriff, magistrate,
county commissioner, county surveyor, coroner, treasurer, or
official of any of the State institutions, or of any county, city
or town, shall willfully omit, neglect or refuse to discharge any
of the duties of his office, for default whereof it is not
elsewhere provided that he shall be indicted, he shall be guilty
of a Class 1 misdemeanor. If it shall be proved that such
officer, after his qualification, willfully and corruptly
omitted, neglected or refused to discharge any of the duties of
his office, or willfully and corruptly violated his oath of
office according to the true intent and meaning thereof, such
officer shall be guilty of misbehavior in office, and shall be
punished by removal therefrom under the sentence of the court as
a part of the punishment for the offense. (1901, c. 270, s. 2;
Rev., s. 3592; C.S., s. 4384; 1943, c. 347; 1973, c. 108, s. 5;
1993, c. 539, s. 142; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-231. Failing to make reports and discharge
other duties.
If any State or county officer shall fail, neglect or refuse
to make, file or publish any report, statement or other paper, or
to deliver to his successor all books and other property
belonging to his office, or to pay over or deliver to the proper
person all moneys which come into his hands by virtue or color of
his office, or to discharge any duty devolving upon him by virtue
of his office and required of him by law, he shall be guilty of a
Class 1 misdemeanor. (Rev., s. 3576; C.S., s. 4385; 1993, c. 539,
s. 143; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-232. Swearing falsely to official
reports.
If any clerk, sheriff, register of deeds, county
commissioner, county treasurer, magistrate or other county
officer shall willfully swear falsely to any report or statement
required by law to be made or filed, concerning or touching the
county, State or school revenue, he shall be guilty of a Class 1
misdemeanor. (1874-5, c. 151, s. 4; 1876-7, c. 276, s. 4; Code,
s. 731; Rev., s. 3605; C.S., s. 4386; 1973, c. 108, s. 6; 1993,
c. 539, s. 144; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-233. Making of false report by bank
examiners; accepting bribes.
If any bank examiner shall knowingly and willfully make any
false or fraudulent report of the condition of any bank, which
shall have been examined by him, with the intent to aid or abet
the officers, owners, or agents of such bank in continuing to
operate an insolvent bank, or if any such examiner shall keep or
accept any bribe or gratuity given for the purpose of inducing
him not to file any report of examination of any bank made by
him, or shall neglect to make an examination of any bank by
reason of having received or accepted any bribe or gratuity, he
shall be punished as a Class I felon. (1903, c. 275, s. 24; Rev.,
s. 3324; 1921, c. 4, s. 79; C.S., s. 4387; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1993, c. 539, s. 1214; 1994, Ex. Sess., c. 24, s. 14(c)
§ 14-234. Director of public trust contracting
for his own benefit; participation in business transaction
involving public funds; exemptions.
(a) If any person appointed or elected a commissioner or
director to discharge any trust wherein the State or any county,
city or town may be in any manner interested shall become an
undertaker, or make any contract for his own benefit, under such
authority, or be in any manner concerned or interested in making
such contract, or in the profits thereof, either privately or
openly, singly or jointly with another, he shall be guilty of a
misdemeanor. Provided, that this section shall not apply to
public officials transacting business with banks or banking
institutions or savings and loan associations or public utilities
regulated under the provisions of Chapter 62 of the General
Statutes in regular course of business: Provided further, that
such undertaking or contracting shall be authorized by said
governing board by specific resolution on which such public
official shall not vote.
(b) Nothing in this section nor in any general principle of
common law shall render unlawful the acceptance of remuneration
from a governmental board, agency or commission for services,
facilities, or supplies furnished directly to needy individuals
by a member of said board, agency or commission under any program
of direct public assistance being rendered under the laws of this
State or the United States to needy persons administered in whole
or in part by such board, agency or commission; provided,
however, that such programs of public assistance to needy persons
are open to general participation on a nondiscriminatory basis to
the practitioners of any given profession, professions or
occupation; and provided further that the board, agency or
commission, nor any of its employees or agents, shall have no
control over who, among licensed or qualified providers, shall be
selected by the beneficiaries of the assistance, and that the
remuneration for such services, facilities or supplies shall be
in the same amount as would be paid to any other provider; and
provided further that, although the board, agency or commission
member may participate in making determinations of eligibility of
needy persons to receive the assistance, he shall take no part in
approving his own bill or claim for remuneration.
(c) No director, board member, commissioner, or employee of
any State department, agency, or institution shall directly or
indirectly enter into or otherwise participate in any business
transaction involving public funds with any firm, corporation,
partnership, person or association which at any time during the
preceding two-year period had a financial association with such
director, board member, commissioner or employee.
(c1) The fact that a person owns ten percent (10%) or less
of the stock of a corporation or has a ten percent (10%) or less
ownership in any other business entity or is an employee of said
corporation or other business entity does not make the person "in
any manner interested" or "concerned or interested in making such
contract, or in the profits thereof," as such phrase is used in
subsection (a) of this section, and does not make the person one
who "had a financial association," as defined in subsection (c)
of this section; provided that in order for the exception
provided by this subsection to apply, such undertaking or
contracting must be authorized by the governing board by specific
resolution on which such public official shall not vote.
(d) The provisions of subsection (c) shall not apply to any
transactions meeting the requirements of Article 3, Chapter 143
of the General Statutes or any other transaction specifically
authorized by the Advisory Budget Commission.
(d1) The first sentence of subsection (a) shall not apply
to (i) any elected official or person appointed to fill an
elective office of a village, town, or city having a population
of no more than 7,500 according to the most recent official
federal census, (ii) any elected official or person appointed to
fill an elective office of a county within which there is located
no village, town, or city with a population of more than 7,500
according to the most recent official federal census, (iii) any
elected official or person appointed to fill an elective office
on a city board of education in a city having a population of no
more than 7,500 according to the most recent official federal
census, (iv) any elected official or person appointed to fill an
elective office as a member of a county board of education in a
county within which there is located no village, town or city
with a population of more than 7,500 according to the most recent
official federal census, (v) any physician, pharmacist, dentist,
optometrist, veterinarian, or nurse appointed to a county social
services board, local health board, or area mental health,
developmental disabilities, and substance abuse board serving one
or more counties within which there is located no village, town,
or city with a population of more than 7,500 according to the
most recent official federal census, and (vi) any member of the
board of directors of a public hospital if:
(1) The undertaking or contract or series of
undertakings or contracts between the village, town, city,
county, county social services board, county or city board of
education, local health board or area mental health,
developmental disabilities, and substance abuse board, or public
hospital and one of its officials is approved by specific
resolution of the governing body adopted in an open and public
meeting, and recorded in its minutes and the amount does not
exceed ten thousand dollars ($10,000) for medically related
services and fifteen thousand dollars ($15,000) for other goods
or services within a 12-month period; and
(2) The official entering into the contract or
undertaking with the unit or agency does not in his official
capacity participate in any way or vote; and
(3) The total annual amount of undertakings or
contracts with each official, shall be specifically noted in the
audited annual financial statement of the village, town, city, or
county; and
(4) The governing board of any village, town, city,
county, county social services board, county or city board of
education, local health board, area mental health, developmental
disabilities, and substance abuse board, or public hospital which
undertakes or contracts with any of the officials of their
governmental unit shall post in a conspicuous place in its
village, town, or city hall, or courthouse, as the case may be, a
list of all such officials with whom such undertakings or
contracts have been made, briefly describing the subject matter
of the undertakings or contracts and showing their total amounts;
this list shall cover the preceding 12 months and shall be
brought up-to-date at least quarterly.
(d2) The provision of subsection (d1) shall not apply to
contracts required by Article 8 of Chapter 143 of the General
Statutes, Public Building Contracts.
(d3) Subsection (a) of this section does not apply to an
application for or the receipt of a grant under the Agriculture
Cost Share Program for Nonpoint Source Pollution Control created
pursuant to G.S. 143-215.74 by a member of the Soil and Water
Conservation Commission if the requirements of G.S. 139-4(e) are
met, and does not apply to a district supervisor of a soil and
water conservation district if the requirements of G.S. 139-8(b)
are met.
(e) Anyone violating this section shall be guilty of a
Class 1 misdemeanor. (1825, c. 1269, P.R.; 1826, c. 29; R.C., c.
34, s. 38; Code, s. 1011; Rev., s. 3572; C.S., s. 4388; 1929, c.
19, s. 1; 1969, c. 1027; 1975, c. 409; 1977, cc. 240, 761; 1979,
c. 720; 1981, c. 103, ss. 1, 2, 5; 1983, c. 544, ss. 1, 2; 1985,
c. 190; 1987, c. 570; 1989, c. 231; 1991 (Reg. Sess., 1992), c.
1030, s. 5; 1993, c. 539, s. 145; 1994, Ex. Sess., c. 24, s.
14(c); 1995, c. 519, s. 4.)
§ 14-234.1. Misuse of confidential information.
(a) It is unlawful for any officer or employee of the State
or an officer or an employee of any of its political
subdivisions, in contemplation of official action by himself or
by a governmental unit with which he is associated, or in
reliance on information which was made known to him in his
official capacity and which has not been made public, to commit
any of the following acts:
(1) Acquire a pecuniary interest in any property,
transaction, or enterprise or gain any pecuniary benefit which
may be affected by such information or official action; or
(2) Intentionally aid another to do any of the
above acts.
(b) Violation of this section is a Class 1 misdemeanor.
(1987, c. 616; 1993, c. 539, s. 146; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-235: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(11).
§ 14-236. Acting as agent for those furnishing
supplies for schools and other State institutions.
If any member of any board of directors, board of managers,
board of trustees of any of the educational, charitable,
eleemosynary or penal institutions of the State, or any member of
any board of education, or any county or district superintendent
or examiner of teachers, or any trustee of any school or other
institution supported in whole or in part from any of the public
funds of the State, or any officer, agent, manager, teacher or
employee of such boards, shall have any pecuniary interest,
either directly or indirectly, proximately or remotely in
supplying any goods, wares or merchandise of any nature or kind
whatsoever for any of said institutions or schools; or if any of
such officers, agents, managers, teachers or employees of such
institution or school or State or county officer shall act as
agent for any manufacturer, merchant, dealer, publisher or author
for any article of merchandise to be used by any of said
institutions or schools; or shall receive, directly or
indirectly, any gift, emolument, reward or promise of reward for
his influence in recommending or procuring the use of any
manufactured article, goods, wares or merchandise of any nature
or kind whatsoever by any of such institutions or schools, he
shall be forthwith removed from his position in the public
service, and shall upon conviction be deemed guilty of a Class 1
misdemeanor.
This section shall not apply to members of any board of
education which is subject to and complies with the provisions of
G.S. 14-234(d1). (1897, c. 543; 1899, c. 732, s. 73; Rev., s.
3833; C.S., s. 4390; 1981, c. 103, s. 3; 1993, c. 539, s. 147;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-237. Buying school supplies from
interested officer.
If any county board of education or school committee shall
buy school supplies in which any member has a pecuniary interest,
the members of such board shall be removed from their positions
in the public service and shall, upon conviction, be deemed
guilty of a Class 1 misdemeanor.
This section shall not apply to members of any board of
education which is subject to and complies with the provisions of
G.S. 14-234(d1). (1901, c. 4, s. 69; Rev., s. 3835; C.S., s.
4391; 1981, c. 103, s. 4; 1993, c. 539, s. 148; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 14-238. Soliciting during school hours
without permission of school head.
No person, agent, representative or salesman shall solicit
or attempt to sell or explain any article of property or
proposition to any teacher or pupil of any public school on the
school grounds or during the school day without having first
secured the written permission and consent of the superintendent,
principal or person actually in charge of the school and
responsible for it.
Any person violating the provisions of this section shall be
guilty of a Class 2 misdemeanor. (1933, c. 220; 1969, c. 1224, s.
8; 1993, c. 539, s. 149; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-239. Allowing prisoners to escape;
punishment.
If any sheriff, deputy sheriff, or jailer, shall willfully
or wantonly allow the escape of any person committed to his
custody who is (i) a person charged with a crime, or (ii) a
person sentenced by the court upon conviction of any offense, he
shall be guilty of a Class 1 misdemeanor. No prosecution shall be
brought against any such officer pursuant to this section by
reason of a prisoner being allowed to participate pursuant to
court order in any work release, work study, community service,
or other lawful program, or by reason of any such prisoner
failing to return from participation in any such program. (1791,
c. 343, s. 1, P.R.; R.C., c. 34, s. 35; Code, s. 1022; 1905, c.
350; Rev., s. 3577; C.S., s. 4393; 1973, c. 108, s. 7; 1983, c.
694; 1993, c. 539, s. 150; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-240. District attorney to prosecute officer for
escape.
It shall be the duty of district attorneys, when they shall
be informed or have knowledge of any felon, or person otherwise
charged with any crime or offense against the State, having
within their respective districts escaped out of the custody of
any sheriff, deputy sheriff, coroner, or jailer, to take the
necessary measures to prosecute such sheriff or other officer so
offending. (1791, c. 343, s. 2, P.R.; R.C., c. 34, s. 36; Code,
s. 1023; Rev., s. 2822; C.S., s. 4394; 1973, c. 47, s. 2; c. 108,
s. 8.)
§ 14-241. Disposing of public documents or
refusing to deliver them over to successor.
It shall be the duty of the clerk of the superior court of
each county, and every other person to whom the acts of the
General Assembly, appellate division reports or other public
documents are transmitted or deposited for the use of the county
or the State, to keep the same safely in their respective
offices; and if any such person having the custody of such books
and documents, for the uses aforesaid, shall negligently and
willfully dispose of the same, by sale or otherwise, or refuse to
deliver over the same to his successor in office, he shall be
guilty of a Class 1 misdemeanor. (1881, c. 151; Code, s. 1073;
Rev., s. 3598; C.S., s. 4395; 1969, c. 44, s. 26; 1993, c. 539,
s. 151; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-242. Failing to return process or making false
return.
If any sheriff, deputy, or other officer, whether State or
municipal, or any person who presumes to act as any such officer,
not being by law authorized so to do, willfully refuses to return
any precept, notice or process, to him tendered or delivered,
which it is his duty to execute, or willfully makes a false
return thereon, the person who willfully refused to make the
return or willfully made the false return shall be guilty of a
Class 1 misdemeanor. (1818, c. 980, s. 3, P.R.; 1827, c. 20, s.
4; R.C., c. 34, s. 118; Code, s. 1112; Rev., s. 3604; C.S., s.
4396; 1989, c. 462; 1993, c. 539, s. 152; 1994, Ex. Sess., c. 24,
s. 14(c).)
§ 14-243. Failing to surrender tax list for
inspection and correction.
If any tax collector shall refuse or fail to surrender his
tax list for inspection or correction upon demand by the
authorities imposing the tax, or their successors in office, he
shall be guilty of a Class 1 misdemeanor. (1870-1, c. 177, s. 2;
Code, s. 3823; Rev., s. 3788; C.S., s. 4397; 1983, c. 670, s. 23;
1993, c. 539, s. 153; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-244. Failing to file report of fines or
penalties.
If any officer who is by law required to file any report or
statement of fines or penalties with the county board of
education shall fail so to do at or before the time fixed by law
for the filing of such report, he shall be guilty of a Class 1
misdemeanor. (1901, c. 4, s. 62; Rev., s. 3579; C.S., s. 4398;
1993, c. 539, s. 154; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-245. Repealed by Session Laws 1973, c. 108, s. 9.
§ 14-246. Failure of ex-magistrate to turn over
books, papers and money.
If any magistrate, on expiration of his term of office, or
if any personal representative of a deceased magistrate shall,
after demand upon him by the clerk of the superior court,
willfully fail and refuse to deliver to the clerk of the superior
court all dockets, all law and other books, all money, and all
official papers which came into his hands by virtue or color of
his office, he shall be guilty of a Class 1 misdemeanor. (Code,
ss. 828, 829; 1885, c. 402; Rev., s. 3578; C.S., s. 4399; 1973,
c. 108, s. 10; 1993, c. 539, s. 155; 1994, Ex. Sess., c. 24, s.
14(c).)
§14-247. Private use of publicly owned vehicle.
It shall be unlawful for any officer, agent or employee of
the State of North Carolina, or of any county or of any
institution or agency of the State, to use for any private
purpose whatsoever any motor vehicle of any type or description
whatsoever belonging to the State, or to any county, or to any
institution or agency of the State. It is not a private purpose
to drive a permanently assigned state- owned motor vehicle
between one's official work station and one's home as provided in
G.S. 143-341(8)i7a.
It shall be unlawful for any person to violate a rule or
regulation adopted by the Department of Administration and
approved by the Governor concerning the control of all
state-owned passenger motor vehicles as provided in G.S.
143-341(8)i with the intent to defraud the State of North
Carolina. (1925, c. 239, s. 1; 1981, c. 859, ss. 52, 53; 1983, c.
717, s. 75.)
§14-248. Obtaining repairs and supplies for private vehicle at
expense of State.
It shall be unlawful for any officer, agent or employee to
have any privately owned motor vehicle repaired at any garage
belonging to the State or to any county, or any institution or
agency of the State, or to use any tires, oils, gasoline or other
accessories purchased by the State, or any county, or any
institution or agency of the State, in or on any such private
car. (1925, c. 239, s. 2.)
§14-249. Repealed by Session Laws 1981, c. 268, s. 1.
§ 14-250. Publicly owned vehicle to be
marked.
It shall be the duty of the executive head of every
department of the State government, and of any county, or of any
institution or agency of the State, to have painted on every
motor vehicle owned by the State, or by any county, or by any
institution or agency of the State, a statement that such car
belongs to the State or to some county, or institution or agency
of the State. Provided, however, that no automobile used by any
county officer or county official for the purpose of
transporting, apprehending or arresting persons charged with
violations of the laws of the State of North Carolina, shall be
required to be lettered. Provided, further, that in lieu of the
above method of marking motor vehicles owned by any agency or
department of the State government, it shall be deemed a
compliance with the law if such vehicles have imprinted on the
license tags thereof, above the license number, the words "State
Owned" and that such vehicles have affixed to the front thereof a
plate with the statement "State Owned". Provided, further, that
in lieu of the above method of marking vehicles owned by any
county, it shall be deemed a compliance with the law if such
vehicles have painted or affixed on the side thereof a circle not
less than eight inches in diameter showing a replica of the seal
of such county. Provided, further, that no county-owned motor
vehicle used for transporting day or residential facility clients
of area mental health, developmental disabilities, and substance
abuse authorities established under Article 4 of Chapter 122C of
the General Statutes shall be required to be lettered; provided,
further, notwithstanding this sentence, each vehicle shall bear
the distinctive permanent registration plate pursuant to G.S. 20-
84. Provided, further, that in lieu of the above method of
marking vehicles owned by the State and permanently assigned to
members of the Council of State, it shall be deemed a compliance
with the law if such vehicles have imprinted on the license tags
thereof the license number assigned to the appropriate member of
the Council of State pursuant to G.S. 20-81(4); a member of the
Council of State shall not be assessed any registration fee if he
elects to have a State-owned motor vehicle assigned to him
designated by his official plate number.
The General Assembly may authorize exemptions from the
provisions of this section for each fiscal year. Each agency
shall submit requests for private tags to the Division of Motor
Fleet Management of the Department of Administration. The
Division shall report the requests to the Appropriations
Committees of the General Assembly by June 1. (1925, c. 239, s.
4; 1929, c. 303, s. 1; 1945, c. 866; 1957, c. 1249; 1961, c.
1195; 1965, c. 1186; 1971, c. 3; 1981 (Reg. Sess., 1982), c.
1282, ss. 59, 60; 1983 (Reg. Sess., 1984), c. 1034, s. 120; 1985,
c. 791, s. 52; 1987, c. 675; 1991 (Reg. Sess., 1992), c. 1030, s.
6.)
§ 14-251. Violation made misdemeanor.
Any person, firm or corporation violating any of the
provisions of G.S. 14-247 to 14-250 shall be guilty of a Class 2
misdemeanor. Nothing in G.S. 14-247 through 14-251 shall apply
to the purchase, use or upkeep or expense account of the car for
the executive mansion and the Governor. (1925, c. 239, s. 5;
1969, c. 1224, s. 16; 1993, c. 539, s. 156; 1994, Ex. Sess., c.
24, s. 14(c).)
§14-252. Five preceding sections applicable to cities and
towns.
General Statutes 14-247 through 14-251 in every respect
shall also apply to cities and incorporated towns. (1931, c. 31.)
ARTICLE 32.
Misconduct in Private Office.
§ 14-253. Failure of certain railroad officers
to account with successors.
If the president and directors of any railroad company, and
any person acting under them, shall, upon demand, fail or refuse
to account with the president and directors elected or appointed
to succeed them, and to transfer to them forthwith all the money,
books, papers, choses in action, property and effects of every
kind and description belonging to such company, they shall be
guilty of a Class I felony. The Governor is hereby authorized, at
the request of the president, directors and other officers of any
railroad company, to make requisition upon the governor of any
other state for the apprehension of any such president failing to
comply with this section. (1870-1, c. 72, ss. 1-3; Code, ss.
2001, 2002; Rev., s. 3760; C.S., s. 4400; 1993, c. 539, ss. 157,
1215; 1993 (Reg. Sess., 1994), c. 767, s. 20.)
§ 14-254. Malfeasance of corporation officers
and agents.
(a) If any president, director, cashier, teller, clerk or
agent of any corporation shall embezzle, abstract or willfully
misapply any of the moneys, funds or credits of the corporation,
or shall, without authority from the directors, issue or put
forth any certificate of deposit, draw any order or bill of
exchange, make any acceptance, assign any note, bond, draft, bill
of exchange, mortgage, judgment or decree, or make any false
entry in any book, report or statement of the corporation with
the intent in either case to injure or defraud or to deceive any
person, or if any person shall aid and abet in the doing of any
of these things, he shall be punished as a Class H felon.
(b) For purposes of this section, "person" means a natural
person, association, consortium, corporation, body politic,
partnership, or other group, entity, or organization. (1903, c.
275, s. 15; Rev., s. 3325; C.S., s. 4401; 1977, c. 809, ss. 1, 2;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,
s. 1, c. 179, s. 14; 1993, c. 539, s. 1216; 1994, Ex. Sess., c.
24, s. 14(c).)
ARTICLE 33.
Prison Breach and Prisoners.
§ 14-255. Escape of working prisoners from
custody.
If any prisoner removed from the local confinement facility
or satellite jail/work release unit of a county pursuant to G.S.
162-58 shall escape from the person having him in custody or the
person supervising him, he shall be guilty of a Class 1
misdemeanor. (1876-7, c. 196, s. 4; Code, s. 3455; Rev., s. 3658;
C.S., s. 4403; 1991 (Reg. Sess., 1992), c. 841, s. 2; 1993, c.
539, s. 158; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s.
19.25(r).)
§ 14-256. Prison breach and escape from county
or municipal confinement facilities or officers.
If any person shall break any prison, jail or lockup
maintained by any county or municipality in North Carolina, being
lawfully confined therein, or shall escape from the lawful
custody of any superintendent, guard or officer of such prison,
jail or lockup, he shall be guilty of a Class 1 misdemeanor,
except that the person is guilty of a Class H felony if:
(1) He has been convicted of a felony and has been
committed to the facility pending transfer to the State prison
system; or
(2) He is serving a sentence imposed upon
conviction of a felony. (1 Edw. II, st. 2d; R.C., c. 34, s. 19;
Code, s. 1021; Rev., s. 3657; 1909, c. 872; C.S., s. 4404; 1955,
c. 279, s. 1; 1983, c. 455, s. 1; 1993, c. 539, ss. 159, 1217;
1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(s).)
§ 14-256.1. Escape from private correctional
facility.
It is unlawful for any person convicted in a jurisdiction
other than North Carolina but housed in a private correctional
facility located in North Carolina to escape from that facility.
Violation of this section is a Class H felony. (1998-212, s.
17.23(a).)
§ 14-257: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(12).
§ 14-258. Conveying messages and weapons to or
trading with convicts and other prisoners.
If any person shall convey to or from any convict any
letters or oral messages, or shall convey to any convict or
person imprisoned, charged with crime and awaiting trial any
weapon or instrument by which to effect an escape, or that will
aid him in an assault or insurrection, or shall trade with a
convict for his clothing or stolen goods, or shall sell to him
any article forbidden him by prison rules, he shall be guilty of
a Class H felony: Provided, that when a murder, an assault or an
escape is effected with the means furnished, the person convicted
of furnishing the means shall be punished as a Class F felon.
(1873-4, c. 158; s. 12; Code, s. 3441; Rev., s. 3662; 1911, c.
11; C.S., s. 4406; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316,
s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1218;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-258.1. Furnishing poison, controlled
substances, deadly weapons, cartridges, ammunition or alcoholic
beverages to inmates of charitable, mental or penal institutions
or local confinement facilities.
(a) If any person shall give or sell to any inmate of any
charitable, mental or penal institution, or local confinement
facility, or if any person shall combine, confederate, conspire,
aid, abet, solicit, urge, investigate, counsel, advise,
encourage, attempt to procure, or procure another or others to
give or sell to any inmate of any charitable, mental or penal
institution, or local confinement facility, any deadly weapon, or
any cartridge or ammunition for firearms of any kind, or any
controlled substances included in Schedules I through VI
contained in Article 5 of Chapter 90 of the General Statutes
except under the general supervision of a practitioner, poison or
poisonous substance, except upon the prescription of a physician,
he shall be punished as a Class H felon; and if he be an officer
or employee of any institution of the State, or of any local
confinement facility, he shall be dismissed from his position or
office.
(b) Any person who shall knowingly give or sell any
alcoholic beverages to any inmate of any State mental or penal
institution, or to any inmate of any local confinement facility,
except for medical purposes as prescribed by a duly licensed
physician and except for an ordained minister or rabbi who gives
sacramental wine to an inmate as part of a religious service; or
any person who shall combine, confederate, conspire, procure, or
procure another or others to give or sell any alcoholic beverages
to any inmate of any such State institution or local confinement
facility, except for medical purposes as prescribed by a duly
licensed physician and except for an ordained minister or rabbi
who gives sacramental wine to an inmate as part of a religious
service; or any person who shall bring into the buildings,
grounds or other facilities of such institution any alcoholic
beverages, except for medical purposes as prescribed by a duly
licensed physician or sacramental wine brought by an ordained
minister or rabbi for use as part of a religious service, shall
be guilty of a Class 1 misdemeanor. If such person is an officer
or employee of any institution of the State, such person shall be
dismissed from office. (1961, c. 394, s. 2; 1969, c. 970, s. 6;
1971, c. 929; 1973, c. 1093; 1975, c. 804, ss. 1, 2; 1979, c.
760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c.
179, s. 14, c. 412, s. 4, c. 747, s. 66; 1989, c. 106; 1993, c.
539, s. 160; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-258.2. Possession of dangerous weapon in
prison.
(a) Any person while in the custody of the Division of
Prisons, or any person under the custody of any local confinement
facility as defined in G.S. 153A-217, who shall have in his
possession without permission or authorization a weapon capable
of inflicting serious bodily injuries or death, or who shall
fabricate or create such a weapon from any source, shall be
guilty of a Class H felony; and any person who commits any
assault with such weapon and thereby inflicts bodily injury or by
the use of said weapon effects an escape or rescue from
imprisonment shall be punished as a Class F felon.
(b) A person is guilty of a Class H felony if he assists a
prisoner in the custody of the Division of Prisons or of any
local confinement facility as defined in G.S. 153A-217 in
escaping or attempting to escape and:
(1) In the perpetration of the escape or attempted
escape he commits an assault with a deadly weapon and inflicts
bodily injury; or
(2) By the use of a deadly weapon he effects the
escape of the prisoner. (1975, c. 316, s. 1; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1983, c. 455, s. 2; 1993, c. 539, s. 1219; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 14-258.3. Taking of hostage, etc., by
prisoner.
Any prisoner in the custody of the Department of Correction,
including persons in the custody of the Department of Correction
pending trial or appellate review or for presentence diagnostic
evaluation, or any prisoner in the custody of any local
confinement facility (as defined in G.S. 153A-217), or any person
in the custody of any local confinement facility (as defined in
G.S. 153A-217) pending trial or appellate review or for any
lawful purpose, who by threats, coercion, intimidation or
physical force takes, holds, or carries away any person, as
hostage or otherwise, shall be punished as a Class F felon. The
provisions of this section apply to: (i) violations committed by
any prisoner in the custody of the Department of Correction,
whether inside or outside of the facilities of the North Carolina
Department of Correction; (ii) violations committed by any
prisoner or by any other person lawfully under the custody of any
local confinement facility (as defined in G.S. 153A-217), whether
inside or outside the local confinement facilities (as defined in
G.S. 153A-217). (1975, c. 315; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.
539, s. 1220; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-259. Harboring or aiding certain
persons.
It shall be unlawful for any person knowing or having
reasonable cause to believe, that any person has escaped from any
prison, jail, reformatory, or from the criminal insane department
of any State hospital, or from the custody of any peace officer
who had such person in charge, or that such person is a convict
or prisoner whose parole has been revoked, or that such person is
a fugitive from justice or is otherwise the subject of an
outstanding warrant for arrest or order of arrest, to conceal,
hide, harbor, feed, clothe or otherwise aid and comfort in any
manner to any such person. Fugitive from justice shall, for the
purpose of this provision, mean any person who has fled from any
other jurisdiction to avoid prosecution for a crime.
Every person who shall conceal, hide, harbor, feed, clothe,
or offer aid and comfort to any other person in violation of this
section shall be guilty of a felony, if such other person has
been convicted of, or was in custody upon the charge of a felony,
and shall be punished as a Class I felon; and shall be guilty of
a Class 1 misdemeanor, if such other person had been convicted
of, or was in custody upon a charge of a misdemeanor, and shall
be punished in the discretion of the court.
The provisions of this section shall not apply to members of
the immediate family of such person. For the purposes of this
section "immediate family" shall be defined to be the mother,
father, brother, sister, wife, husband and child of said person.
(1939, c. 72; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s.
47; 1981, c. 63, s. 1, c. 179, s. 14; 1983, c. 564, ss. 1-3;
1993, c. 539, s. 161; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-260. Recodified as § 162-55 by Session Laws 1983, c.
631, s.> 1.
§14-261. Recodified as § 162-56 by Session Laws 1983, c.
631, s.> 2.
§14-262. Repealed by Session Laws 1975, c. 402.
§14-263. Repealed by Session Laws 1979, c. 760, s. 4,
effective July 1, 1981.
§14-264. Recodified as § 162-57 by Session Laws 1983, c.
631, s.> 3.
§14-265. Repealed by Session Laws 1977, c. 711, s. 33.
ARTICLE 34.
Custodial Institutions.
§14-266. Persuading inmates to escape.
It shall be unlawful for any parent, guardian, brother,
sister, uncle, aunt, or any person whatsoever to persuade or
induce to leave, carry away, or accompany from any State
institution, except with the permission of the superintendent or
other person next in authority, any boy or girl, man or woman,
who has been legally committed or admitted under suspended
sentence to said institution by juvenile, recorder's, superior or
any other court of competent jurisdiction. (1935, c. 307, s. 1;
1937, c. 189, s. 1.)
§14-267. Harboring fugitives.
It shall be unlawful for any person to harbor, conceal, or
give succor to, any known fugitive from any institution whose
inmates are committed by court or are admitted under suspended
sentence. (1935, c. 307, s. 2; 1937, c. 189, s. 2.)
§ 14-268. Violation made misdemeanor.
Any person violating the provisions of this Article shall be
guilty of a Class 1 misdemeanor. (1935, c. 307, s. 3; 1993, c.
539, s. 162; 1994, Ex. Sess., c. 24, s. 14(c).)
SUBCHAPTER IX. OFFENSES AGAINST THE PUBLIC PEACE.
ARTICLE 35.
Offenses Against the Public Peace.
§ 14-269. Carrying concealed weapons.
(a) It shall be unlawful for any person willfully and
intentionally to carry concealed about his person any bowie
knife, dirk, dagger, slung shot, loaded cane, metallic knuckles,
razor, shurikin, stun gun, or other deadly weapon of like kind,
except when the person is on the person's own premises.
(a1) It shall be unlawful for any person willfully and
intentionally to carry concealed about his person any pistol or
gun except in the following circumstances:
(1) The person is on the person's own premises.
(2) The deadly weapon is a handgun, and the person
has a concealed handgun permit issued in accordance with Article
54B of this Chapter.
(b) This prohibition shall not apply to the following
persons:
(1) Officers and enlisted personnel of the armed
forces of the United States when in discharge of their official
duties as such and acting under orders requiring them to carry
arms and weapons;
(2) Civil and law enforcement officers of the
United States while in the discharge of their official duties;
(3) Officers and soldiers of the militia and the
national guard when called into actual service;
(4) Officers of the State, or of any county, city,
or town, charged with the execution of the laws of the State,
when acting in the discharge of their official duties;
(5) Sworn law-enforcement officers, when off-duty,
if:
a. Written regulations authorizing the
carrying of concealed weapons have been filed with the clerk of
superior court in the county where the law-enforcement unit is
located by the sheriff or chief of police or other superior
officer in charge; and
b. Such regulations specifically prohibit the
carrying of concealed weapons while the officer is consuming or
under the influence of alcoholic beverages.
(b1) It is a defense to a prosecution under this section
that:
(1) The weapon was not a firearm;
(2) The defendant was engaged in, or on the way to
or from, an activity in which he legitimately used the weapon;
(3) The defendant possessed the weapon for that
legitimate use; and
(4) The defendant did not use or attempt to use the
weapon for an illegal purpose.
The burden of proving this defense is on the defendant.
(c) Any person violating the provisions of subsection (a)
of this section shall be guilty of a Class 2 misdemeanor. Any
person violating the provisions of subsection (a1) of this
section shall be guilty of a Class 2 misdemeanor for the first
offense. A second or subsequent offense is punishable as a Class
I felony.
(d) This section does not apply to an ordinary pocket knife
carried in a closed position. As used in this section, "ordinary
pocket knife" means a small knife, designed for carrying in a
pocket or purse, that has its cutting edge and point entirely
enclosed by its handle, and that may not be opened by a throwing,
explosive, or spring action. (Code, s. 1005; Rev., s. 3708; 1917,
c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c. 57; Ex. Sess.
1924, c. 30; 1929, cc. 51, 224; 1947, c. 459; 1949, c. 1217;
1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c. 1224, s. 7;
1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 86;
1985, c. 432, ss. 1-3; 1993, c. 539, s. 163; 1994, Ex. Sess., c.
24, s. 14(c); 1995, c. 398, s. 2; 1997-238, s. 1.)
§ 14-269.1. Confiscation and disposition of
deadly weapons.
Upon conviction of any person for violation of G.S. 14-2.2,
14-269, 14-269.7, or any other offense involving the use of a
deadly weapon of a type referred to in G.S. 14-269, the deadly
weapon with reference to which the defendant shall have been
convicted shall be ordered confiscated and disposed of by the
presiding judge at the trial in one of the following ways in the
discretion of the presiding judge.
(1) By ordering the weapon returned to its rightful
owner, but only when such owner is a person other than the
defendant and has filed a petition for the recovery of such
weapon with the presiding judge at the time of the defendant's
conviction, and upon a finding by the presiding judge that
petitioner is entitled to possession of same and that he was
unlawfully deprived of the same without his consent.
(2), (3) Repealed by Session Laws 1994, Ex. Sess.,
c. 16, s. 2.
(4) By ordering such weapon turned over to the
sheriff of the county in which the trial is held or his duly
authorized agent to be destroyed. The sheriff shall maintain a
record of the destruction thereof.
(4a) By ordering the weapon, if the weapon has a
legible unique identification number, turned over to a law
enforcement agency in the county of trial for the official use of
such agency, but only upon the written request by the head or
chief of such agency. The receiving law enforcement agency shall
maintain a record and inventory of all such weapons received.
(5) By ordering such weapon turned over to the
North Carolina State Bureau of Investigation's Crime Laboratory
Weapons Reference Library for official use by that agency. The
State Bureau of Investigation shall maintain a record and
inventory of all such weapons received.
(6) By ordering such weapons turned over to the
North Carolina Justice Academy for official use by that agency.
The North Carolina Justice Academy shall maintain a record and
inventory of all such weapons received. (1965, c. 954, s. 2;
1967, c. 24, s. 3; 1983, c. 517; 1989, c. 216; 1993, c. 259, s.
2; 1994, Ex. Sess., c. 16, s. 2; c. 22, s. 23; 1997-356, s. 1.)
§ 14-269.2. Weapons on campus or other educational
property.
(a) The following definitions apply to this section:
(1) Educational property. -- 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.
(1a) Employee. -- A person employed by a local
board of education or school whether the person is an adult or a
minor.
(1b) School. -- A public or private school,
community college, college, or university.
(2) Student. -- A person enrolled in a school or a
person who has been suspended or expelled within the last five
years from a school, whether the person is an adult or a minor.
(3) Switchblade knife. -- A knife containing a
blade that opens automatically by the release of a spring or a
similar contrivance.
(4) Weapon. -- Any device enumerated in subsection
(b), (b1), or (d) of this section.
(b) It shall be a Class I felony for any person to possess
or carry, whether openly or concealed, any gun, rifle, pistol, or
other firearm of any kind on educational property or to a
curricular or extracurricular activity sponsored by a school.
However, this subsection does not apply to a BB gun, stun gun,
air rifle, or air pistol.
(b1) It shall be a Class G felony for any person to possess
or carry, whether openly or concealed, 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 subsection
shall not apply to fireworks.
(c) It shall be a Class I felony for any person to cause,
encourage, or aid a minor who is less than 18 years old to
possess or carry, whether openly or concealed, any gun, rifle,
pistol, or other firearm of any kind on educational property.
However, this subsection does not apply to a BB gun, stun gun,
air rifle, or air pistol.
(c1) It shall be a Class G felony for any person to cause,
encourage, or aid a minor who is less than 18 years old to
possess or carry, whether openly or concealed, any dynamite
cartridge, bomb, grenade, mine, or powerful explosive as defined
in G.S. 14-284.1 on educational property. This subsection shall
not apply to fireworks.
(d) It shall be a Class 1 misdemeanor for any person to
possess or carry, whether openly or concealed, any BB gun, stun
gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot,
leaded cane, switchblade knife, blackjack, metallic knuckles,
razors and razor blades (except solely for personal shaving),
firework, or any sharp-pointed or edged instrument except
instructional supplies, unaltered nail files and clips and tools
used solely for preparation of food, instruction, and
maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to
cause, encourage, or aid a minor who is less than 18 years old to
possess or carry, whether openly or concealed, any BB gun, stun
gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot,
leaded cane, switchblade knife, blackjack, metallic knuckles,
razors and razor blades (except solely for personal shaving),
firework, or any sharp-pointed or edged instrument except
instructional supplies, unaltered nail files and clips and tools
used solely for preparation of food, instruction, and
maintenance, on educational property.
(f) Notwithstanding subsection (b) of this section it shall
be a Class 1 misdemeanor rather than a Class I felony for any
person to possess or carry, whether openly or concealed, any gun,
rifle, pistol, or other firearm of any kind, on educational
property or to a curricular or extracurricular activity sponsored
by a school if:
(1) The person is not a student attending school on
the educational property or an employee employed by the school
working on the educational property; and
(1a) The person is not a student attending a
curricular or extracurricular activity sponsored by the school at
which the student is enrolled or an employee attending a
curricular or extracurricular activity sponsored by the school at
which the employee is employed; and
(2) Repealed by Session Laws 1999-211, s. 1, and
applicable to offenses committed on or after that date.
(3) The firearm is not loaded, is in a motor
vehicle, and is in a locked container or a locked firearm rack.
(4) Repealed by Session Laws 1999-211, s. 1, and
applicable to offenses committed on or after that date.
(g) This section shall not apply to:
(1) A weapon used solely for educational or school-
sanctioned ceremonial purposes, or used in a school-approved
program conducted under the supervision of an adult whose
supervision has been approved by the school authority;
(1a) A person exempted by the provisions of G.S. 14-
269(b);
(2) Firefighters, emergency service personnel,
North Carolina Forest Service personnel, and any private police
employed by an educational institution, when acting in the
discharge of their official duties; or
(3) Home schools as defined in G.S. 115C-563(a).
(h) No person shall be guilty of a criminal violation of
this section 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.
(2) The person delivers the weapon, directly or
indirectly, as soon as practical to law enforcement authorities.
(1971, c. 241, ss. 1, 2; c. 1224; 1991, c. 622, s. 1; 1993, c.
539, s. 164; c. 558, s. 1; 1994, Ex. Sess., c. 14, s. 4(a), (b);
1995, c. 49, s. 1; 1997-238, s. 2; 1999-211, s. 1; 1999-257, ss.
3, 3.1.)
§ 14-269.3. Carrying weapons into assemblies
and establishments where alcoholic beverages are sold and
consumed.
(a) It shall be unlawful for any person to carry any gun,
rifle, or pistol into any assembly where a fee has been charged
for admission thereto, or into any establishment in which
alcoholic beverages are sold and consumed. Any person violating
the provisions of this section shall be guilty of a Class 1
misdemeanor.
(b) This section shall not apply to the following:
(1) A person exempted from the provisions of G.S.
14-269;
(2) The owner or lessee of the premises or business
establishment;
(3) A person participating in the event, if he is
carrying a gun, rifle, or pistol with the permission of the
owner, lessee, or person or organization sponsoring the event;
and
(4) A person registered or hired as a security
guard by the owner, lessee, or person or organization sponsoring
the event. (1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s.
66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-269.4. Weapons on State property and in
courthouses.
It shall be unlawful for any person to possess, or carry,
whether openly or concealed, any deadly weapon, not used solely
for instructional or officially sanctioned ceremonial purposes in
the State Capitol Building, the Executive Mansion, the Western
Residence of the Governor, or on the grounds of any of these
buildings, and in any building housing any court of the General
Court of Justice. If a court is housed in a building containing
nonpublic uses in addition to the court, then this prohibition
shall apply only to that portion of the building used for court
purposes while the building is being used for court purposes.
This section shall not apply to:
(1) Repealed by S.L. 1997-238, s. 3.
(1a) A person exempted by the provisions of G.S. 14-
269(b),
(2) through (4) Repealed by S.L. 1997-238, s. 3.
(4a) Any person in a building housing a court of
the General Court of Justice in possession of a weapon for
evidentiary purposes, to deliver it to a law-enforcement agency,
or for purposes of registration,
(5) State-owned rest areas, rest stops along the
highways, and State-owned hunting and fishing reservations.
Any person violating the provisions of this section shall be
guilty of a Class 1 misdemeanor. (1981, c. 646; 1987, c. 820, s.
1; 1993, c. 539, s. 166; 1994, Ex. Sess., c. 24, s. 14(c); 1997-
238, s. 3.)
§14-269.5. [Reserved.]
§ 14-269.6. Possession and sale of
spring-loaded projectile knives prohibited.
(a) On and after October 1, 1986, it shall be unlawful for
any person including law-enforcement officers of the State, or of
any county, city, or town to possess, offer for sale, hold for
sale, sell, give, loan, deliver, transport, manufacture or go
armed with any spring-loaded projectile knife, a ballistic knife,
or any weapon of similar character. Except that it shall be
lawful for a law-enforcement agency to possess such weapons
solely for evidentiary, education or training purposes.
(b) Any person violating the provisions of this section
shall be guilty of a Class 1 misdemeanor. (1985 (Reg. Sess.,
1986), c. 810, s. 1; 1993, c. 539, s. 167; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-269.7. Prohibitions on handguns for
minors.
(a) Any minor who possesses or carries a handgun is guilty
of a Class 2 misdemeanor.
(b) This section does not apply:
(1) To officers and enlisted personnel of the armed
forces of the United States when in discharge of their official
duties or acting under orders requiring them to carry handguns.
(2) To a minor who possesses a handgun for
educational or recreational purposes while the minor is
supervised by an adult who is present.
(3) To an emancipated minor who possesses such
handgun inside his or her residence.
(4) To a minor who possesses a handgun while
hunting or trapping outside the limits of an incorporated
municipality if he has on his person written permission from a
parent, guardian, or other person standing in loco parentis.
(c) The following definitions apply in this section:
(1) Handgun. -- A firearm that has a short stock
and is designed to be fired by the use of a single hand, or any
combination of parts from which such a firearm can be assembled.
(2) Minor. -- Any person under 18 years of age.
(1993, c. 259, s. 1; 1994, Ex. Sess., c. 14, s. 5; 1993 (Reg.
Sess., 1994), c. 597, s. 1.)
§ 14-269.8. Purchase of firearms by person
subject to domestic violence order prohibited.
(a) It is unlawful for any person to purchase or attempt to
purchase any gun, rifle, pistol, or other firearm while there
remains in force and effect a domestic violence order issued
pursuant to Chapter 50B of the General Statutes, prohibiting the
person from purchasing a firearm.
(b) Any person violating the provisions of this section
shall be guilty of a Class H felony. (1995, c. 527, s. 2.)
§§ 14-270, 14-271: Repealed by Session Laws
1994, Ex. Sess., c. 14, s. 72(13), (14).
§§ 14-272 through 14-275: Repealed by Session Laws
1983, c. 39, ss. 1-4.
§ 14-275.1. Disorderly conduct at bus or
railroad station or airport.
Any person shall be guilty of a Class 3 misdemeanor, if such
person while at, or upon the premises of,
(1) Any bus station, depot or terminal, or
(2) Any railroad passenger station, depot or
terminal, or
(3) Any airport or air terminal used by any common
carrier, or
(4) Any airport or air terminal owned or leased, in
whole or in part, by any county, municipality or other political
subdivision of the State, or privately owned airport
shall
(1) Engage in disorderly conduct, or
(2) Use vulgar, obscene or profane language, or
(3) On any one occasion, without having necessary
business there, loiter and loaf upon the premises after being
requested to leave by any peace officer or by any person lawfully
in charge of such premises. (1947, c. 310; 1993, c. 539, s. 168;
1994, Ex. Sess., c. 24, s. 14(c).)
§14-276. Repealed by Session Laws 1971, c. 357.
§ 14-276.1. Impersonation of firemen or
emergency medical services personnel.
It is a Class 3 misdemeanor, for any person, with intent to
deceive, to impersonate a fireman or any emergency medical
services personnel, whether paid or voluntary, by a false
statement, display of insignia, emblem, or other identification
on his person or property, or any other act, which indicates a
false status of affiliation, membership, or level of training or
proficiency, if:
(1) The impersonation is made with intent to impede
the performance of the duties of a fireman or any emergency
medical services personnel, or
(2) Any person reasonably relies on the
impersonation and as a result suffers injury to person or
property.
For purposes of this section, emergency medical services
personnel means a medical responder, emergency medical
technician, emergency medical technician intermediates, emergency
medical technician paramedics, or other member of a rescue squad
or other emergency medical organization. (1981, c. 432, s. 1;
1993, c. 539, s. 169; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443,
s. 11A.129B.)
§ 14-277. Impersonation of a law-enforcement or
other public officer.
(a) No person shall falsely represent to another that he is
a sworn law-enforcement officer. As used in this section, a
person represents that he is a sworn law-enforcement officer if
he:
(1) Verbally informs another that he is a sworn law-
enforcement officer, whether or not the representation refers to
a particular agency;
(2) Displays any badge or identification signifying
to a reasonable individual that the person is a sworn law-
enforcement officer, whether or not the badge or other
identification refers to a particular law-enforcement agency;
(3) Unlawfully operates a vehicle on a public
street, highway or public vehicular area with an operating red
light as defined in G.S. 20-130.1(a); or
(4) Unlawfully operates a vehicle on a public
street, highway, or public vehicular area with an operating blue
light as defined in G.S. 20-130.1(c).
(b) No person shall, while falsely representing to another
that he is a sworn law-enforcement officer, carry out any act in
accordance with the authority granted to a law-enforcement
officer. For purposes of this section, an act in accordance with
the authority granted to a law-enforcement officer includes:
(1) Ordering any person to remain at or leave from
a particular place or area;
(2) Detaining or arresting any person;
(3) Searching any vehicle, building, or premises,
whether public or private, with or without a search warrant or
administrative inspection warrant;
(4) Unlawfully operating a vehicle on a public
street or highway or public vehicular area equipped with an
operating red light or siren in such a manner as to cause a
reasonable person to yield the right-of-way or to stop his
vehicle in obedience to such red light or siren;
(5) Unlawfully operating a vehicle on a public
street or highway or public vehicular area equipped with an
operating blue light in such a manner as to cause a reasonable
person to yield the right-of-way or to stop his vehicle in
obedience to such blue light.
(c) Nothing in this section shall prohibit any person from
detaining another as provided by G.S. 15A-404 or assisting a law-
enforcement officer as provided by G.S. 15A-405.
(d) Repealed by Session Laws 1995 (Reg. Sess., 1996), c.
712, s. 1.
(d1) Violations under this section are punishable as
follows:
(1) A violation of subdivision (a)(1), (2), or (3)
is a Class 1 misdemeanor.
(2) A violation of subdivision (b)(1), (2), (3), or
(4) is a Class 1 misdemeanor. Notwithstanding the disposition in
G.S. 15A-1340.23, the court may impose an intermediate punishment
on a person sentenced under this subdivision.
(3) A violation of subdivision (a)(4) is a Class I
felony.
(4) A violation of subdivision (b)(5) is a Class H
felony.
(e) It shall be unlawful for any person other than duly
authorized employees of a county, a municipality or the State of
North Carolina, including but not limited to, the Department of
Social Services, Health, Area Mental Health, Developmental
Disabilities, and Substance Abuse Authority or Building Inspector
to represent to any person that they are duly authorized
employees of a county, a municipality or the State of North
Carolina or one of the above-enumerated departments and acting
upon such representation to perform any act, make any
investigation, seek access to otherwise confidential information,
perform any duty of said office, gain access to any place not
otherwise open to the public, or seek to be afforded any
privilege which would otherwise not be afforded to such person
except for such false representation or make any attempt to do
any of said enumerated acts. Any person, corporation, or business
association violating the provisions of this section shall be
guilty of a Class 1 misdemeanor. (1927, c. 229; 1985, c. 761, s.
1; 1985 (Reg. Sess., 1986), c. 863, s. 3; 1991 (Reg. Sess.,
1992), c. 1030, s. 7; 1993, c. 539, ss. 170, 171; 1994, Ex.
Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996), c. 712, s. 1;
1997-456, s. 2.)
§ 14-277.1. Communicating threats.
(a) A person is guilty of a Class 1 misdemeanor if without
lawful authority:
(1) He willfully threatens to physically injure the
person or that person's child, sibling, spouse, or dependent or
willfully threatens to damage the property of another;
(2) The threat is communicated to the other person,
orally, in writing, or by any other means;
(3) The threat is made in a manner and under
circumstances which would cause a reasonable person to believe
that the threat is likely to be carried out; and
(4) The person threatened believes that the threat
will be carried out.
(b) A violation of this section is a Class 1 misdemeanor.
(1973, c. 1286, s. 11; 1993, c. 539, s. 172; 1994, Ex. Sess., c.
24, s. 14(c); 1999-262, s. 2.)
§ 14-277.2. Weapons at parades, etc.,
prohibited.
(a) It shall be unlawful for any person participating in,
affiliated with, or present as a spectator at any parade, funeral
procession, picket line, or demonstration upon any private health
care facility or upon any public place owned or under the control
of the State or any of its political subdivisions to willfully or
intentionally possess or have immediate access to any dangerous
weapon. Violation of this subsection shall be a Class 1
misdemeanor. It shall be presumed that any rifle or gun carried
on a rack in a pickup truck at a holiday parade or in a funeral
procession does not violate the terms of this act.
(b) For the purposes of this section the term "dangerous
weapon" shall include those weapons specified in G.S. 14-269, 14-
269.2, 14-284.1, or 14-288.8 or any other object capable of
inflicting serious bodily injury or death when used as a weapon.
(c) The provisions of this section shall not apply to a
person exempted by the provisions of G.S. 14-269(b) or to persons
authorized by State or federal law to carry dangerous weapons in
the performance of their duties or to any person who obtains a
permit to carry a dangerous weapon at a parade, funeral
procession, picket line, or demonstration from the sheriff or
police chief, whichever is appropriate, of the locality where
such parade, funeral procession, picket line, or demonstration is
to take place. (1981, c. 684, s. 1; 1983, c. 633; 1993, c. 412,
s. 2; c. 539, s. 174; 1994, Ex. Sess., c. 24, s. 14(c); 1997-238,
s. 4.)
§ 14-277.3. Stalking.
(a) Offense. -- A person commits the offense of stalking if
the person willfully on more than one occasion follows or is in
the presence of another person without legal purpose and with the
intent to cause death or bodily injury or with the intent to
cause emotional distress by placing that person in reasonable
fear of death or bodily injury.
(b) Classification. -- A violation of this section is a
Class 1 misdemeanor. A person who commits the offense of stalking
when there is a court order in effect prohibiting similar
behavior is guilty of a Class A1 misdemeanor. A second or
subsequent conviction for stalking occurring within five years of
a prior conviction of the same defendant is punishable as a Class
I felony. (1991 (Reg. Sess., 1992), c. 804, s. 1; 1993, c. 539,
s. 173; 1994, Ex. Sess., c. 24, s. 14(c); 1997-306, s. 1.)
§ 14-277.4. Obstruction of health care facilities.
(a) No person shall obstruct or block another person's
access to or egress from a health care facility or from the
common areas of the real property upon which the facility is
located in a manner that deprives or delays the person from
obtaining or providing health care services in the facility.
(b) No person shall injure or threaten to injure a person
who is or has been:
(1) Obtaining health care services;
(2) Lawfully aiding another to obtain health care
services; or
(3) Providing health care services.
(c) A violation of subsection (a) or (b) of this section is
a Class 2 misdemeanor. A second conviction for a violation of
either subsection (a) or (b) of this section within three years
of the first shall be punishable as a Class 1 misdemeanor. A
third or subsequent conviction for a violation of either
subsection (a) or (b) of this section within three years of the
second or most recent conviction shall be punishable as a Class I
felony.
(d) Any person aggrieved under this section may seek
injunctive relief in a court of competent jurisdiction to prevent
threatened or further violations of this section. Any violation
of an injunction obtained pursuant to this section constitutes
criminal contempt and shall be punishable by a term of
imprisonment of not less than 30 days and no more than 12 months.
(e) This section shall not prohibit any person from
engaging in lawful speech or picketing which does not impede or
deny another person's access to health care services or to a
health care facility or interfere with the delivery of health
care services within a health care facility.
(f) "Health care facility" as used in this section means
any hospital, clinic, or other facility that is licensed to
administer medical treatment or the primary function of which is
to provide medical treatment in this State.
(g) "Health care services" as used in this section means
services provided in a health care facility.
(h) Persons subject to the prohibitions in subsection (a)
of this section do not include owners, officers, agents, or
employees of the health care facility or law enforcement officers
acting to protect real or personal property. (1993, c. 412, s. 1;
1994, Ex. Sess., c. 14, s. 6; 1993 (Reg. Sess., 1994), c. 767, s.
21.)
SUBCHAPTER X. OFFENSES AGAINST THE PUBLIC SAFETY.
ARTICLE 36.
Offenses Against the Public Safety.
§ 14-278. Willful injury to property of
railroads.
It shall be unlawful for any person to willfully, with
intent to cause injury to any person passing over the railroad or
damage to the equipment traveling on such road, put or place any
matter or thing upon, over or near any railroad track, or
destroy, injure, tamper with, or remove the roadbed, or any part
thereof, or any rail, sill or other part of the fixtures
appurtenant to or constituting or supporting any portion of the
track of such railroad, and the person so offending shall be
punished as a Class I felon. (1838, c. 38; R.C., c. 34, ss. 99,
100; 1879, c. 255, s. 2; Code, s. 1098; Rev., s. 3754; 1911, c.
200; C.S., s. 4417; 1967, c. 1082, s. 1; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1985, c. 577, s. 1; 1993, c. 539, s. 1221; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 14-279. Unlawful injury to property of
railroads.
Any person who, without intent to cause injury to any person
or damage to equipment, commits any of the acts referred to in
G.S. 14-278 shall be guilty of a Class 2 misdemeanor. (R.C., c.
34, s. 101; Code, s. 1099; Rev., s. 3755; C.S., s. 4418; 1967, c.
1082, s. 2; 1985, c. 577, s. 2; 1993, c. 539, s. 175; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-279.1. Unlawful impairment of operation of
railroads.
Any person who, without authorization of the affected
railroad company, shall willfully do or cause to be done any act
to railroad engines, equipment, or rolling stock so as to impede
or prevent movement of railroad trains or so as to impair the
operation of railroad equipment shall be guilty of a Class 2
misdemeanor. (1979, c. 387, s. 1; 1993, c. 539, s. 176; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-280. Shooting or throwing at trains or
passengers.
If any person shall willfully cast, throw or shoot any
stone, rock, bullet, shot, pellet or other missile at, against,
or into any railroad car, locomotive or train, or any person
thereon, while such car or locomotive shall be in progress from
one station to another, or while such car, locomotive or train
shall be stopped for any purpose, the person so offending shall
be guilty of a Class I felony. (1876-7, c. 4; Code, s. 1100;
1887, c. 19; Rev., s. 3763; 1911, c. 179; C.S., s. 4419; 1985, c.
577, s. 3; 1993, c. 539, s. 1222; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-281. Operating trains and streetcars while
intoxicated.
Any train dispatcher, telegraph operator, engineer, fireman,
flagman, brakeman, switchman, conductor, motorman, or other
employee of any steam, street, suburban or interurban railway
company, who shall be intoxicated while engaged in running or
operating, or assisting in running or operating, any railway
train, shifting-engine, or street or other electric car, shall be
guilty of a Class 2 misdemeanor. (1871-2, c. 138, s. 38; Code, s.
1972; 1891, c. 114; Rev., s. 3758; 1907, c. 330; C.S., s. 4420;
1969, c. 1224, s. 3; 1993, c. 539, s. 177; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-281.1. Throwing, dropping, etc.,
objects at sporting events.
It shall be unlawful for any person to throw, drop, pour,
release, discharge, expose or place in an area where an athletic
contest or sporting event is taking place any substance or object
that shall be likely to cause injury to persons participating in
or attending such contests or events or to cause damage to
animals, vehicles, equipment, devices, or other things used in
connection with such contests or events. Any person violating the
provisions of this section shall be guilty of a Class 3
misdemeanor. (1977, c. 772, s. 1; 1993, c. 539, s. 178; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-282. Displaying false lights on
seashore.
If any person shall make or display, or cause to be made or
displayed, any false light or beacon on or near the seacoast, for
the purpose of deceiving and misleading masters of vessels, and
thereby putting them in danger of shipwreck, he shall be guilty
of a Class I felony. (1831, c. 42; R.C., c. 34, s. 58; Code, s.
1024; Rev., s. 3430; C.S., s. 4421; 1979, 2nd Sess., c. 1316, s.
16; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1223;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-283. Exploding dynamite cartridges and
bombs.
If any person shall fire off or explode, or cause to be
fired off or exploded, except for mechanical purposes in a
legitimate business, any dynamite cartridge, bomb or other
explosive of a like nature, he shall be guilty of a Class 1
misdemeanor. (1887, c. 364, s. 53; Rev., s. 3794; C.S., s. 4423;
1993, c. 539, s. 179; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-284. Keeping for sale or selling
explosives without a license.
If any dealer or other person shall sell or keep for sale
any dynamite cartridges, bombs or other combustibles of a like
kind, without first having obtained from the board of
commissioners of the county where such person or dealer resides a
license for that purpose, he shall be guilty of a Class 1
misdemeanor. (1887, c. 364, ss. 1, 4; Rev., s. 3817; C.S., s.
4425; 1993, c. 539, s. 180; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-284.1. Regulation of sale of explosives;
reports; storage.
(a) No person shall sell or deliver any dynamite or other
powerful explosives as hereinafter defined without being
satisfied as to the identity of the purchaser or the one to
receive such explosives and then only upon the written
application signed by the person or agent of the person
purchasing or receiving such explosive, which application must
contain a statement of the purpose for which such explosive is to
be used.
(b) All persons delivering or selling such explosives shall
keep a complete record of all sales or deliveries made, including
the amounts sold and delivered, the names of the purchasers or
the one to whom the deliveries were made, the dates of all such
sales or such deliveries and the use to be made of such
explosive, and shall preserve such record and make the same
available to any law-enforcement officer during business hours
for a period of 12 months thereafter.
(c) All persons having dynamite or other powerful
explosives in their possession or under their control shall at
all times keep such explosives in a safe and secure manner, and
when such explosives are not in the course of being used they
shall be stored and protected against theft or other unauthorized
possession.
(d) As used in this section, the term "powerful explosives"
includes, but shall not be limited to, nitroglycerin,
trinitrotoluene, and blasting caps, detonators and fuses for the
explosion thereof.
(e) Any person violating the provisions of this section
shall be guilty of a Class 2 misdemeanor.
(f) The provisions of this section are intended to apply
only to sales to those who purchase for use. Nothing herein
contained is intended to apply to a sale made by a manufacturer,
jobber, or wholesaler to a retail merchant for resale by said
merchant.
(g) Nothing herein contained shall be construed as
repealing any law now prohibiting the sale of firecrackers or
other explosives; nor shall this section be construed as
authorizing the sale of explosives now prohibited by law. (1953,
c. 877; 1969, c. 1224, s. 6; 1993, c. 539, s. 181; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-284.2. Dumping of toxic substances.
(a) It shall be unlawful to deposit, place, dump,
discharge, spill, release, burn, incinerate, or otherwise dispose
of any toxic substances as defined in this section or radioactive
material as defined in G.S. 104E-5 into the atmosphere, in the
waters, or on land, except where such disposal is conducted
pursuant to federal or State law, regulation, or permit. Any
person who willfully violates the provisions of this section
shall be guilty of a Class F felony. The fine authorized by G.S.
14-1.1(a)(8) for a conviction under this section may include a
fine of up to one hundred thousand dollars ($100,000) per day of
violation.
(b) Within the meaning of this section, toxic substances
are defined as the following heavy metals and halogenated
hydrocarbons:
(1) Heavy metals: mercury, plutonium, selenium,
thallium and uranium;
(2) Halogenated hydrocarbons: polychlorinated
biphenyls, kepone.
(c) Within the meaning of this section, the phrase "law,
regulation or permit" includes controls over equipment or
machinery that emits substances into the atmosphere, in waters,
or on land (such as federal or State controls over motor vehicle
emissions) and controls over sources of substances that are
publicly consumed (such as drinking water standards), as well as
controls over substances directly released into the atmosphere,
in waters, or on land (such as pesticide controls and water
pollution controls).
(d) Within the meaning of this section the term "person"
includes any individual, firm, partnership, limited partnership,
corporation or association. (1979, c. 981, s. 2; 1979, 2nd Sess.,
c. 1316, s. 17; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539,
s. 1224; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-285: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(15).
§ 14-286. Giving false fire alarms; molesting
fire-alarm, fire-detection or fire-extinguishing system.
It shall be unlawful for any person or persons to wantonly
and willfully give or cause to be given, or to advise, counsel,
or aid and abet anyone in giving, a false alarm of fire, or to
break the glass key protector, or to pull the slide, arm, or
lever of any station or signal box of any fire-alarm system,
except in case of fire, or willfully misuse or damage a portable
fire extinguisher, or in any way to willfully interfere with,
damage, deface, molest, or injure any part or portion of any
fire-alarm, fire-detection, smoke-detection or fire-extinguishing
system. Any person violating any of the provisions of this
section shall be guilty of a Class 2 misdemeanor. (1921, c. 46;
C.S., s. 4426(a); 1961, c. 594; 1969, c. 1224, s. 5; 1975, c.
346; 1993, c. 539, s. 182; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-286.1. Making false ambulance request.
It shall be unlawful for any person to willfully summon an
ambulance or willfully report that an ambulance is needed when
such person does not have good cause to believe that the services
of an ambulance are needed. Every person convicted of willfully
violating this section shall be guilty of a Class 3 misdemeanor.
(1967, c. 343, s. 6; 1993, c. 539, s. 183; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-286.2. Interfering with emergency communication.
(a) Offense. -- A person who, without authorization,
intentionally interferes with an emergency radio communication,
knowing that the communication is an emergency communication, and
who is not making an emergency communication himself, is guilty
of a misdemeanor and is punishable by:
(1) Class 1 misdemeanor if, as a result of the
interference, serious bodily injury or property damage in excess
of one thousand dollars ($1,000) occurs; or
(2) Class 2 misdemeanor if a result described in
subdivision (1) does not occur.
(b) "Emergency Communication" Defined. -- As used in this
section, the term "emergency communication" means a communication
not governed by Federal law relating that an individual is or is
reasonably believed to be in imminent danger of serious bodily
injury or that property is or is reasonably believed to be in
imminent danger of substantial damage. (1987, c. 690; 1993, c.
539, s. 184; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-287. Leaving unused well open and
exposed.
It shall be unlawful for any person, firm or corporation,
after discontinuing the use of any well, to leave said well open
and exposed; said well, after the use of same has been
discontinued, shall be carefully and securely filled: Provided,
that this shall not apply to wells on farms that are protected by
curbing or board walls. Any person violating any of the
provisions of this section shall be guilty of a Class 2
misdemeanor. (1923, c. 125; C.S., s. 4426(c); 1969, c. 1224, s.
5; 1993, c. 539, s. 185; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-288. Unlawful to pollute any bottles used
for beverages.
It shall be unlawful for any person, firm or corporation
having custody for the purpose of sale, distribution or
manufacture of any beverage bottle, to place, cause or permit to
be placed therein turpentine, varnish, wood alcohol, bleaching
water, bluing, kerosene, oils, or any unclean or foul substance,
or other offensive material, or to send, ship, return and deliver
or cause or permit to be sent, shipped, returned or delivered to
any producer of beverages, any bottle used as a container for
beverages, and containing any turpentine, varnish, wood alcohol,
bleaching water, bluing, kerosene, oils, or any unclean or foul
substance, or other offensive material. Any person, firm or
corporation violating the provisions of this section shall be
guilty of a Class 3 misdemeanor, and upon conviction shall be
fined on the first offense, one dollar ($1.00) for each bottle so
defiled, and for any subsequent offense not more than ten dollars
($10.00) for each bottle so defiled. (1929, c. 324, s. 1; 1993,
c. 539, s. 186; 1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 36A.
Riots and Civil Disorders.
§ 14-288.1. Definitions.
Unless the context clearly requires otherwise, the
definitions in this section apply throughout this Article:
(1) "Chairman of the board of county commissioners": The
chairman of the board of county commissioners or, in case of his
absence or disability, the person authorized to act in his stead.
Unless the governing body of the county has specified who is to
act in lieu of the chairman with respect to a particular power or
duty set out in this Article, the term "chairman of the board of
county commissioners" shall apply to the person generally
authorized to act in lieu of the chairman.
(2) "Dangerous weapon or substance": Any deadly weapon,
ammunition, explosive, incendiary device, radioactive material or
device, as defined in G.S. 14-288.8(c)(5), or any instrument or
substance designed for a use that carries a threat of serious
bodily injury or destruction of property; or any instrument or
substance that is capable of being used to inflict serious
bodily injury, when the circumstances indicate a probability that
such instrument or substance will be so used; or any part or
ingredient in any instrument or substance included above, when
the circumstances indicate a probability that such part or
ingredient will be so used.
(3) "Declared state of emergency": A state of emergency
found and proclaimed by the Governor under the authority of G.S.
14- 288.15, by any mayor or other municipal official or officials
under the authority of G.S. 14-288.12, by any chairman of the
board of commissioners of any county or other county official or
officials under the authority of G.S. 14-288.13, by any chairman
of the board of county commissioners acting under the authority
of G.S. 14-288.14, by any chief executive official or acting
chief executive official of any county or municipality acting
under the authority of any other applicable statute or provision
of the common law to preserve the public peace in a state of
emergency, or by any executive official or military commanding
officer of the United States or the State of North Carolina who
becomes primarily responsible under applicable law for the
preservation of the public peace within any part of North
Carolina.
(4) "Disorderly conduct": As defined in G.S. 14-288.4(a).
(5) "Law-enforcement officer": Any officer of the State of
North Carolina or any of its political subdivisions authorized
to make arrests; any other person authorized under the laws of
North Carolina to make arrests and either acting within his
territorial jurisdiction or in an area in which he has been
lawfully called to duty by the Governor or any mayor or chairman
of the board of county commissioners; any member of the armed
forces of the United States, the North Carolina national guard,
or the State defense militia called to duty in a state of
emergency in North Carolina and made responsible for enforcing
the laws of North Carolina or preserving the public peace; or any
officer of the United States authorized to make arrests without
warrant and assigned to duties that include preserving the public
peace in North Carolina.
(6) "Mayor": The mayor or other chief executive official of
a municipality or, in case of his absence or disability, the
person authorized to act in his stead. Unless the governing body
of the municipality has specified who is to act in lieu of the
mayor with respect to a particular power or duty set out in this
Article, the word "mayor" shall apply to the person generally
authorized to act in lieu of the mayor.
(7) "Municipality": Any active incorporated city or town,
but not including any sanitary district or other municipal
corporation that is not a city or town. An "active" municipality
is one which has conducted the most recent election required by
its charter or the general law, whichever is applicable, and
which has the authority to enact general police-power ordinances.
(8) "Public disturbance": Any annoying, disturbing, or
alarming act or condition exceeding the bounds of social
toleration normal for the time and place in question which occurs
in a public place or which occurs in, affects persons in, or is
likely to affect persons in a place to which the public or a
substantial group has access. The places covered by this
definition shall include, but not be limited to, highways,
transport facilities, schools, prisons, apartment houses, places
of business or amusement, or any neighborhood.
(9) "Riot": As defined in G.S. 14-288.2(a).
(10) "State of emergency": The condition that exists
whenever, during times of public crisis, disaster, rioting,
catastrophe, or similar public emergency, public safety
authorities are unable to maintain public order or afford
adequate protection for lives or property, or whenever the
occurrence of any such condition is imminent. (1969, c. 869, s.
1; 1975, c. 718, s. 5.)
§ 14-288.2. Riot; inciting to riot;
punishments.
(a) A riot is a public disturbance involving an assemblage
of three or more persons which by disorderly and violent conduct,
or the imminent threat of disorderly and violent conduct, results
in injury or damage to persons or property or creates a clear and
present danger of injury or damage to persons or property.
(b) Any person who willfully engages in a riot is guilty of
a Class 1 misdemeanor.
(c) Any person who willfully engages in a riot is guilty of
a Class H felony, if:
(1) In the course and as a result of the riot there
is property damage in excess of fifteen hundred dollars ($1,500)
or serious bodily injury; or
(2) Such participant in the riot has in his
possession any dangerous weapon or substance.
(d) Any person who willfully incites or urges another to
engage in a riot, so that as a result of such inciting or urging
a riot occurs or a clear and present danger of a riot is created,
is guilty of a Class 1 misdemeanor.
(e) Any person who willfully incites or urges another to
engage in a riot, and such inciting or urging is a contributing
cause of a riot in which there is property damage in excess of
fifteen hundred dollars ($1,500) or serious bodily injury, shall
be punished as a Class F felon. (1969, c. 869, s. 1; 1979, c.
760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c.
179, s. 14; 1993, c. 539, ss. 187, 188, 1225, 1226; 1994, Ex.
Sess., c. 24, s. 14(c).)
§14-288.3. Provisions of Article intended to supplement common
law and other statutes.
The provisions of this Article are intended to supersede and
extend the coverage of the common-law crimes of riot and inciting
to riot. To the extent that such common-law offenses may embrace
situations not covered under the provisions of this Article,
however, criminal prosecutions may be brought for such crimes
under the common law. All other provisions of the Article are
intended to be supplementary and additional to the common law and
other statutes of this State and, except as specifically
indicated, shall not be construed to abrogate, abolish, or
supplant other provisions of law. In particular, this Article
shall not be deemed to abrogate, abolish, or supplant such
common-law offenses as unlawful assembly, rout, conspiracy to
commit riot or other criminal offenses, false imprisonment, and
going about armed to the terror of the populace and other
comparable public-nuisance offenses. (1969, c. 869, s. 1.)
§ 14-288.4. Disorderly conduct.
(a) Disorderly conduct is a public disturbance
intentionally caused by any person who:
(1) Engages in fighting or other violent conduct or
in conduct creating the threat of imminent fighting or other
violence; or
(2) Makes or uses any utterance, gesture, display
or abusive language which is intended and plainly likely to
provoke violent retaliation and thereby cause a breach of the
peace; or
(3) Takes possession of, exercises control over, or
seizes any building or facility of any public or private
educational institution without the specific authority of the
chief administrative officer of the institution, or his
authorized representative; or
(4) Refuses to vacate any building or facility of
any public or private educational institution in obedience to:
a. An order of the chief administrative
officer of the institution, or his representative, who shall
include for colleges and universities the vice chancellor for
student affairs or his equivalent for the institution, the dean
of students or his equivalent for the institution, the director
of the law enforcement or security department for the
institution, and the chief of the law enforcement or security
department for the institution; or
b. An order given by any fireman or public
health officer acting within the scope of his authority; or
c. If a state of emergency is occurring or is
imminent within the institution, an order given by any
law-enforcement officer acting within the scope of his authority;
or
(5) Shall, after being forbidden to do so by the
chief administrative officer, or his authorized representative,
of any public or private educational institution:
a. Engage in any sitting, kneeling, lying
down, or inclining so as to obstruct the ingress or egress of any
person entitled to the use of any building or facility of the
institution in its normal and intended use; or
b. Congregate, assemble, form groups or
formations (whether organized or not), block, or in any manner
otherwise interfere with the operation or functioning of any
building or facility of the institution so as to interfere with
the customary or normal use of the building or facility; or
(6) Disrupts, disturbs or interferes with the
teaching of students at any public or private educational
institution or engages in conduct which disturbs the peace, order
or discipline at any public or private educational institution or
on the grounds adjacent thereto.
(7) Disrupts, disturbs, or interferes with a
religious service or assembly or engages in conduct which
disturbs the peace or order at any religious service or assembly.
As used in this section the term "building or facility" includes
the surrounding grounds and premises of any building or facility
used in connection with the operation or functioning of such
building or facility.
(b) Any person who willfully engages in disorderly conduct
is guilty of a Class 2 misdemeanor. (1969, c. 869, s. 1; 1971, c.
668, s. 1; 1973, c. 1347; 1975, c. 19, s. 4; 1983, c. 39, s. 5;
1987, c. 671, s. 1; 1993, c. 539, s. 189; 1994, Ex. Sess., c. 24,
s. 14(c).)
§ 14-288.5. Failure to disperse when commanded
a misdemeanor; prima facie evidence.
(a) Any law-enforcement officer or public official
responsible for keeping the peace may issue a command to disperse
in accordance with this section if he reasonably believes that a
riot, or disorderly conduct by an assemblage of three or more
persons, is occurring. The command to disperse shall be given in
a manner reasonably calculated to be communicated to the
assemblage.
(b) Any person who fails to comply with a lawful command to
disperse is guilty of a Class 2 misdemeanor.
(c) If any person remains at the scene of any riot, or
disorderly conduct by an assemblage of three or more persons,
following a command to disperse and after a reasonable time for
dispersal has elapsed, it is prima facie evidence that the
person so remaining is willfully engaging in the riot or
disorderly conduct, as the case may be. (1969, c. 869, s. 1;
1993, c. 539, s. 190; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-288.6. Looting; trespass during
emergency.
(a) Any person who enters upon the premises of another
without legal justification when the usual security of property
is not effective due to the occurrence or aftermath of riot,
insurrection, invasion, storm, fire, explosion, flood, collapse,
or other disaster or calamity is guilty of a Class 1 misdemeanor
of trespass during an emergency.
(b) Any person who commits the crime of trespass during
emergency and, without legal justification, obtains or exerts
control over, damages, ransacks, or destroys the property of
another is guilty of the felony of looting and shall be punished
as a Class H felon. (1969, c. 869, s. 1; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1993, c. 539, ss. 191, 1227; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-288.7. Transporting dangerous weapon or
substance during emergency; possessing off premises;
exceptions.
(a) Except as otherwise provided in this section, it is
unlawful for any person to transport or possess off his own
premises any dangerous weapon or substance in any area:
(1) In which a declared state of emergency exists;
or
(2) Within the immediate vicinity of which a riot
is occurring.
(b) This section does not apply to persons exempted from
the provisions of G.S. 14-269 with respect to any activities
lawfully engaged in while carrying out their duties.
(c) Any person who violates any provision of this section
is guilty of a Class 1 misdemeanor. (1969, c. 869, s. 1; 1993, c.
539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-288.8. Manufacture, assembly, possession,
storage, transportation, sale, purchase, delivery, or acquisition
of weapon of mass death and destruction; exceptions.
(a) Except as otherwise provided in this section, it is
unlawful for any person to manufacture, assemble, possess, store,
transport, sell, offer to sell, purchase, offer to purchase,
deliver or give to another, or acquire any weapon of mass death
and destruction.
(b) This section does not apply to:
(1) Persons exempted from the provisions of G.S.
14-269 with respect to any activities lawfully engaged in while
carrying out their duties.
(2) Importers, manufacturers, dealers, and
collectors of firearms, ammunition, or destructive devices
validly licensed under the laws of the United States or the State
of North Carolina, while lawfully engaged in activities
authorized under their licenses.
(3) Persons under contract with the United States,
the State of North Carolina, or any agency of either government,
with respect to any activities lawfully engaged in under their
contracts.
(4) Inventors, designers, ordnance consultants and
researchers, chemists, physicists, and other persons lawfully
engaged in pursuits designed to enlarge knowledge or to
facilitate the creation, development, or manufacture of weapons
of mass death and destruction intended for use in a manner
consistent with the laws of the United States and the State of
North Carolina.
(c) The term "weapon of mass death and destruction"
includes:
(1) Any explosive, incendiary, poison gas or
radioactive material:
a. Bomb; or
b. Grenade; or
c. Rocket having a propellant charge of more
than four ounces; or
d. Missile having an explosive or incendiary
charge of more than one-quarter ounce; or
e. Mine; or
f. Device similar to any of the devices
described above; or
(2) Any type of weapon (other than a shotgun or a
shotgun shell of a type particularly suitable for sporting
purposes) which will, or which may be readily converted to, expel
a projectile by the action of an explosive or other propellant,
and which has any barrel with a bore of more than one-half inch
in diameter; or
(3) Any firearm capable of fully automatic fire,
any shotgun with a barrel or barrels of less than 18 inches in
length or an overall length of less than 26 inches, any rifle
with a barrel or barrels of less than 16 inches in length or an
overall length of less than 26 inches, any muffler or silencer
for any firearm, whether or not such firearm is included within
this definition. For the purposes of this section, rifle is
defined as a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder.
(4) Any combination of parts either designed or
intended for use in converting any device into any weapon
described above and from which a weapon of mass death and
destruction may readily be assembled;
(5) Radioactive material, which means any solid,
liquid or gas which emits or may emit ionizing radiation
spontaneously or which becomes capable of producing radiation or
nuclear particles when controls or triggering mechanisms of any
associated device are operable.
The term "weapon of mass death and destruction" does not include
any device which is neither designed nor redesigned for use as a
weapon; any device, although originally designed for use as a
weapon, which is redesigned for use as a signaling, pyrotechnic,
line-throwing, safety, or similar device; surplus ordnance sold,
loaned, or given by the Secretary of the Army pursuant to the
provisions of section 4684(2), 4685, or 4686 of Title 10 of the
United States Code; or any other device which the Secretary of
the Treasury finds is not likely to be used as a weapon, is an
antique, or is a rifle which the owner intends to use solely for
sporting purposes, in accordance with Chapter 44 of Title 18 of
the United States Code.
(d) Any person who violates any provision of this section
is guilty of a Class F felony. (1969, c. 869, s. 1; 1975, c. 718,
ss. 6, 7; 1977, c. 810; 1983, c. 413, ss. 1, 2; 1993, c. 539, s.
1228; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-288.9. Assault on emergency personnel;
punishments.
(a) An assault upon emergency personnel is an assault upon
any person coming within the definition of "emergency personnel"
which is committed in an area:
(1) In which a declared state of emergency exists;
or
(2) Within the immediate vicinity of which a riot
is occurring or is imminent.
(b) The term "emergency personnel" includes law-enforcement
officers, firemen, ambulance attendants, utility workers,
doctors, nurses, and other persons lawfully engaged in providing
essential services during the emergency.
(c) Any person who commits an assault upon emergency
personnel is guilty of a Class 1 misdemeanor. Any person who
commits an assault upon emergency personnel with or through the
use of any dangerous weapon or substance shall be punished as a
Class F felon. (1969, c. 869, s. 1; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.
539, ss. 193, 1229; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-288.10. Frisk of persons during violent disorders; frisk
of curfew violators.
(a) Any law-enforcement officer may frisk any person in
order to discover any dangerous weapon or substance when he has
reasonable grounds to believe that the person is or may become
unlawfully involved in an existing riot and when the person is
close enough to such riot that he could become immediately
involved in the riot. The officer may also at that time inspect
for the same purpose the contents of any personal belongings that
the person has in his possession.
(b) Any law-enforcement officer may frisk any person he
finds violating the provisions of a curfew proclaimed under the
authority of G.S. 14-288.12, 14-288.13, 14-288.14, or 14-288.15
or any other applicable statutes or provisions of the common law
in order to discover whether the person possesses any dangerous
weapon or substance. The officer may also at that time inspect
for the same purpose the contents of any personal belongings that
the person has in his possession. (1969, c. 869, s. 1.)
§14-288.11. Warrants to inspect vehicles in riot areas or
approaching municipalities during emergencies.
(a) Notwithstanding the provisions of Article 4 of Chapter
15, any law-enforcement officer may, under the conditions
specified in this section, obtain a warrant authorizing
inspection of vehicles under the conditions and for the purpose
specified in subsection (b).
(b) The inspection shall be for the purpose of discovering
any dangerous weapon or substance likely to be used by one who is
or may become unlawfully involved in a riot. The warrant may be
sought to inspect:
(1) All vehicles entering or approaching a municipality in
which a state of emergency exists; or
(2) All vehicles which might reasonably be regarded as being
within or approaching the immediate vicinity of an existing riot.
(c) The warrant may be issued by any judge or justice of the
General Court of Justice.
(d) The issuing official shall issue the warrant only when
he has determined that the one seeking the warrant has been
specifically authorized to do so by the head of the
law-enforcement agency of which the affiant is a member, and:
(1) If the warrant is being sought for the inspection of
vehicles entering or approaching a municipality, that a state of
emergency exists within the municipality; or
(2) If the warrant being sought is for the inspection of
vehicles within or approaching the immediate vicinity of a riot,
that a riot is occurring within that area.
Facts indicating the basis of these determinations must be stated
in an affidavit and signed by the affiant under oath or
affirmation.
(e) The warrant must be signed by the issuing official and
must bear the hour and date of its issuance.
(f) The warrant must indicate whether it is for the
inspection of vehicles entering or approaching a municipality or
whether it is for the inspection of vehicles within or
approaching the immediate vicinity of a riot. In either case, it
must also specify with reasonable precision the area within which
it may be exercised.
(g) The warrant shall become invalid 24 hours following its
issuance and must bear a notation to that effect.
(h) Warrants authorized under this section shall not be
regarded as search warrants for the purposes of application of
Article 4 of Chapter 15.
(i) Nothing in this section is intended to prevent
warrantless frisks, searches, and inspections to the extent that
they may be constitutional and consistent with common law and
governing statutes. (1969, c. 869, s. 1.)
§ 14-288.12. Powers of municipalities to enact
ordinances to deal with states of emergency.
(a) The governing body of any municipality may enact
ordinances designed to permit the imposition of prohibitions and
restrictions during a state of emergency.
(b) The ordinances authorized by this section may permit
prohibitions and restrictions:
(1) Of movements of people in public places;
(2) Of the operation of offices, business
establishments, and other places to or from which people may
travel or at which they may congregate;
(3) Upon the possession, transportation, sale,
purchase, and consumption of alcoholic beverages;
(4) Upon the possession, transportation, sale,
purchase, storage, and use of dangerous weapons and substances,
and gasoline; and
(5) Upon other activities or conditions the control
of which may be reasonably necessary to maintain order and
protect lives or property during the state of emergency.
The ordinances may delegate to the mayor of the municipality the
authority to determine and proclaim the existence of a state of
emergency, and to impose those authorized prohibitions and
restrictions appropriate at a particular time.
(c) This section is intended to supplement and confirm the
powers conferred by G.S. 160A-174(a), and all other general and
local laws authorizing municipalities to enact ordinances for the
protection of the public health and safety in times of riot or
other grave civil disturbance or emergency.
(d) Any ordinance of a type authorized by this section
promulgated prior to June 19, 1969 shall, if otherwise valid,
continue in full force and effect without reenactment.
(e) Any person who violates any provision of an ordinance
or a proclamation enacted or proclaimed under the authority of
this section is guilty of a Class 3 misdemeanor. (1969, c. 869,
s. 1; 1981, c. 412, s. 4(4); c. 747, s. 66; 1989, c. 770, s. 2;
1993, c. 539, s. 194; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-288.13. Powers of counties to enact
ordinances to deal with states of emergency.
(a) The governing body of any county may enact ordinances
designed to permit the imposition of prohibitions and
restrictions during a state of emergency.
(b) The ordinances authorized by this section may permit
the same prohibitions and restrictions to be imposed as
enumerated in G.S. 14-288.12(b). The ordinances may delegate to
the chairman of the board of county commissioners the authority
to determine and proclaim the existence of a state of emergency,
and to impose those authorized prohibitions and restrictions
appropriate at a particular time.
(c) No ordinance enacted by a county under the authority of
this section shall apply within the corporate limits of any
municipality, or within any area of the county over which the
municipality has jurisdiction to enact general police-power
ordinances, unless the municipality by resolution consents to its
application.
(d) Any person who violates any provision of an ordinance
or a proclamation enacted or proclaimed under the authority of
this section is guilty of a Class 3 misdemeanor. (1969, c. 869,
s. 1; 1993, c. 539, s. 195; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-288.14. Power of chairman of board of county
commissioners to extend emergency restrictions imposed in
municipality.
(a) The chairman of the board of commissioners of any
county who has been requested to do so by a mayor may by
proclamation extend the effect of any one or more of the
prohibitions and restrictions imposed in that mayor's
municipality pursuant to the authority granted in G.S. 14-288.12.
The chairman may extend such prohibitions and restrictions to any
area within his county in which he determines it to be necessary
to assist in controlling the state of emergency within the
municipality. No prohibition or restriction extended by
proclamation by the chairman under the authority of this section
shall apply within the limits of any other municipality, or
within any area of the county over which the municipality has
jurisdiction to enact general police-power ordinances, unless
that other municipality by resolution consents to its
application.
(b) Whenever any chairman of the board of county
commissioners extends the effect of municipal prohibitions and
restrictions under the authority of this section to any area of
the county, it shall be deemed that a state of emergency has been
validly found and declared with respect to such area of the
county.
(c) Any chairman of a board of county commissioners
extending prohibitions and restrictions under the authority of
this section must take reasonable steps to give notice of its
terms to those likely to be affected. The chairman of the board
of commissioners shall proclaim the termination of any
prohibitions and restrictions extended under the authority of
this section upon:
(1) His determination that they are no longer
necessary; or
(2) The determination of the board of county
commissioners that they are no longer necessary; or
(3) The termination of the prohibitions and
restrictions within the municipality.
(d) The powers authorized under this section may be
exercised whether or not the county has enacted ordinances under
the authority of G.S. 14-288.13. Exercise of this authority
shall not preclude the imposition of prohibitions and
restrictions under any ordinances enacted by the county under the
authority of G.S. 14-288.13.
(e) Any person who violates any provision of any
prohibition or restriction extended by proclamation under the
authority of this section is guilty of a Class 3 misdemeanor.
(1969, c. 869, s. 1; 1993, c. 539, s. 196; 1994, Ex. Sess., c.
14, s. 7, c. 24, s. 14(c).)
§ 14-288.15. Authority of Governor to exercise
control in emergencies.
(a) When the Governor determines that a state of emergency
exists in any part of North Carolina, he may exercise the powers
conferred by this section if he further finds that local control
of the emergency is insufficient to assure adequate protection
for lives and property.
(b) Local control shall be deemed insufficient only if:
(1) Needed control cannot be imposed locally
because local authorities responsible for preservation of the
public peace have not enacted appropriate ordinances or issued
appropriate proclamations as authorized by G.S. 14-288.12,
14-288.13, or 14-288.14; or
(2) Local authorities have not taken implementing
steps under such ordinances or proclamations, if enacted or
proclaimed, for effectual control of the emergency that has
arisen; or
(3) The area in which the state of emergency exists
has spread across local jurisdictional boundaries and the legal
control measures of the jurisdictions are conflicting or
uncoordinated to the extent that efforts to protect life and
property are, or unquestionably will be, severely hampered; or
(4) The scale of the emergency is so great that it
exceeds the capability of local authorities to cope with it.
(c) The Governor when acting under the authority of this
section may:
(1) By proclamation impose prohibitions and
restrictions in all areas affected by the state of emergency; and
(2) Give to all participating State and local
agencies and officers such directions as may be necessary to
assure coordination among them. These directions may include the
designation of the officer or agency responsible for directing
and controlling the participation of all public agencies and
officers in the emergency. The Governor may make this
designation in any manner which, in his discretion, seems most
likely to be effective. Any law-enforcement officer
participating in the control of a state of emergency in which the
Governor is exercising control under this section shall have the
same power and authority as a sheriff throughout the territory to
which he is assigned.
(d) The Governor in his discretion, as appropriate to deal
with the emergency then occurring or likely to occur, may impose
any one or more or all of the types of prohibitions and
restrictions enumerated in G.S. 14-288.12(b), and may amend or
rescind any prohibitions and restrictions imposed by local
authorities.
(e) Any person who violates any provision of a proclamation
of the Governor issued under the authority of this section is
guilty of a Class 2 misdemeanor. (1969, c. 869, s. 1; 1993, c.
539, s. 197; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-288.16. Effective time, publication, amendment, and
recision of proclamations.
(a) This section applies to proclamations issued under the
authority of G.S. 14-288.12, 14-288.13, 14-288.14, and 14-288.15,
and any other applicable statutes and provisions of the common
law.
(b) All prohibitions and restrictions imposed by
proclamation shall take effect immediately upon publication of
the proclamation in the area affected unless the proclamation
sets a later time. For the purpose of requiring compliance,
publication may consist of reports of the substance of the
prohibitions and restrictions in the mass communications media
serving the affected area or other effective methods of
disseminating the necessary information quickly. As soon as
practicable, however, appropriate distribution of the full text
of any proclamation shall be made. This subsection shall not be
governed by the provisions of G.S. 1-597.
(c) Prohibitions and restrictions may be extended as to time
or area, amended, or rescinded by proclamation. Prohibitions and
restrictions imposed by proclamation under the authority of G.S.
14- 288.12, 14-288.13, and 14-288.14 shall expire five days after
their last imposition unless sooner terminated under G.S.
14-288.14(c)(3), by proclamation, or by the governing body of the
county or municipality in question. Prohibitions and restrictions
imposed by proclamation of the Governor shall expire five days
after their last imposition unless sooner terminated by
proclamation of the Governor. (1969, c. 869, s. 1.)
§14-288.17. Municipal and county ordinances may be made
immediately effective if state of emergency exists or is
imminent.
(a) Notwithstanding any other provision of law, whether
general or special, relating to the promulgation or publication
of ordinances by any municipality or county, this section shall
control with respect to any ordinances authorized by G.S.
14-288.11 and 14- 288.12.
(b) Upon proclamation by the mayor or chairman of the board
of county commissioners that a state of emergency exists within
the municipality or the county, or is imminent, any ordinance
enacted under the authority of this article shall take effect
immediately unless the ordinance sets a later time. If the effect
of this section is to cause an ordinance to go into effect sooner
than it otherwise could under the law applicable to the
municipality or county, the mayor or chairman of the board of
county commissioners, as the case may be, shall take steps to
cause reports of the substance of any such ordinance to be
disseminated in a fashion that such substance will likely be
communicated to the public in general, or to those who may be
particularly affected by the ordinance if it does not affect the
public generally. As soon as practicable thereafter, appropriate
distribution or publication of the full text of any such
ordinance shall be made. (1969, c. 869, s. 1.)
§14-288.18. Injunction to cope with emergencies at public and
private educational institutions.
(a) The chief administrative officer, or his authorized
representative, of any public or private educational institution
may apply to any superior court judge for injunctive relief if a
state of emergency exists or is imminent within his institution.
For the purposes of this section, the superintendent of any city
or county administrative school unit shall be deemed the chief
administrative officer of any public elementary or secondary
school within his unit.
(b) Upon a finding by a superior court judge, to whom
application has been made under the provisions of this section,
that a state of emergency exists or is imminent within a public
or private educational institution by reason of riot, disorderly
conduct by three or more persons, or the imminent threat of riot,
the judge may issue an injunction containing provisions
appropriate to cope with the emergency then occurring or
threatening. The injunction may be addressed to named persons or
named or described groups of persons as to whom there is
satisfactory cause for believing that they are contributing to
the existing or imminent state of emergency, and ordering such
persons or groups of persons to take or refrain or desist from
taking such various actions as the judge finds it appropriate to
include in his order. (1969, c. 869, s. 1.)
§ 14-288.19. Governor's power to order
evacuation of public building.
(a) When it is determined by the Governor that a great
public crisis, disaster, riot, catastrophe, or any other similar
public emergency exists, or the occurrence of any such condition
is imminent, and, in the Governor's opinion it is necessary to
evacuate any building owned or controlled by any department,
agency, institution, school, college, board, division, commission
or subdivision of the State in order to maintain public order and
safety or to afford adequate protection for lives or property,
the Governor is hereby authorized to issue an order of evacuation
directing all persons within the building to leave the building
and its premises forthwith. The order shall be delivered to any
law-enforcement officer or officer of the national guard, and
such officer shall, by a suitable public address system, read the
order to the occupants of the building and demand that the
occupants forthwith evacuate said building within the time
specified in the Governor's order.
(b) Any person who willfully refuses to leave the building
as directed in the Governor's order shall be guilty of a Class 2
misdemeanor. (1969, c. 1129; 1993, c. 539, s. 198; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-288.20. Certain weapons at civil
disorders.
(a) The definitions in G.S. 14-288.1 do not apply to this
section. As used in this section:
(1) The term "civil disorder" means any public
disturbance involving acts or violence by assemblages of three or
more persons, which causes an immediate danger of damage or
injury to the property or person of any other individual or
results in damage or injury to the property or person of any
other individual.
(2) The term "firearm" means any weapon which is
designed to or may readily be converted to expel any projectile
by the action of an explosive; or the frame or receiver of such a
weapon.
(3) The term "explosive or incendiary device" means
(i) dynamite and all other forms of high explosives, (ii) any
explosive bomb, grenade, missile, or similar device, and (iii)
any incendiary bomb or grenade, fire bomb, or similar device,
including any device which (i) consists of or includes a
breakable container including a flammable liquid or compound, and
a wick composed of any material which, when ignited, is capable
of igniting that flammable liquid or compound, and (ii) can be
carried or thrown by one individual acting alone.
(4) The term "law-enforcement officer" means any
officer of the United States, any state, any political
subdivision of a state, or the District of Columbia charged with
the execution of the laws thereof; civil officers of the United
States; officers and soldiers of the organized militia and state
guard of any state or territory of the United States, the
Commonwealth of Puerto Rico, or the District of Columbia; and
members of the armed forces of the United States.
(b) A person is guilty of a Class H felony, if he:
(1) Teaches or demonstrates to any other person the
use, application, or making of any firearm, explosive or
incendiary device, or technique capable of causing injury or
death to persons, knowing or having reason to know or intending
that the same will be unlawfully employed for use in, or in
furtherance of, a civil disorder; or
(2) Assembles with one or more persons for the
purpose of training with, practicing with, or being instructed in
the use of any firearm, explosive or incendiary device, or
technique capable of causing injury or death to persons,
intending to employ unlawfully the training, practicing,
instruction, or technique for use in, or in furtherance of, a
civil disorder.
(c) Nothing contained in this section shall make unlawful
any act of any law-enforcement officer which is performed in the
lawful performance of his official duties. (1981, c. 880, ss. 1,
2; 1993, c. 539, s. 1230; 1994, Ex. Sess., c. 24, s. 14(c).)
SUBCHAPTER XI. GENERAL POLICE REGULATIONS.
ARTICLE 37.
Lotteries, Gaming, Bingo and Raffles.
Part 1. Lotteries and Gaming.
§ 14-289. Advertising lotteries.
Except in connection with a lawful raffle as provided in
Part 2 of this Article, if anyone by writing or printing or by
circular or letter or in any other way, advertise or publish an
account of a lottery, whether within or without this State,
stating how, when or where the same is to be or has been drawn,
or what are the prizes therein or any of them, or the price of a
ticket or any share or interest therein, or where or how it may
be obtained, he shall be guilty of a Class 2 misdemeanor. (1887,
c. 211; Rev., s. 3725; C.S., s. 4427; 1979, c. 893, s. 3; 1983,
c. 896, s. 1; 1993, c. 539, s. 199; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-290. Dealing in lotteries.
Except in connection with a lawful raffle as provided in
Part 2 of this Article, if any person shall open, set on foot,
carry on, promote, make or draw, publicly or privately, a
lottery, by whatever name, style or title the same may be
denominated or known; or if any person shall, by such way and
means, expose or set to sale any house, real estate, goods,
chattels, cash, written evidence of debt, certificates of claims
or any other thing of value whatsoever, every person so offending
shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed two thousand dollars ($2,000). Any person who
engages in disposing of any species of property whatsoever,
including money and evidences of debt, or in any manner
distributes gifts or prizes upon tickets, bottle crowns, bottle
caps, seals on containers, other devices or certificates sold for
that purpose, shall be held liable to prosecution under this
section. Any person who shall have in his possession any
tickets, certificates or orders used in the operation of any
lottery shall be held liable under this section, and the mere
possession of such tickets shall be prima facie evidence
of the violation of this section. (1834, c. 19, s. 1; R.C., c.
34, s. 69; 1874-5, c. 96; Code, s. 1047; Rev., s. 3726; C.S., s.
4428; 1933, c. 434; 1937, c. 157; 1979, c. 893, s. 4; 1983, c.
896, s. 1; 1993, c. 539, s. 200; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-291. Selling lottery tickets and acting as
agent for lotteries.
Except in connection with a lawful raffle as provided in
Part 2 of this Article, if any person shall sell, barter or
otherwise dispose of any lottery ticket or order for any number
of shares in any lottery, or shall in anywise be concerned in
such lottery, by acting as agent in the State for or on behalf of
any such lottery, to be drawn or paid either out of or within the
State, such person shall be guilty of a Class 2 misdemeanor.
(1834, c. 19, s. 2; R.C., c. 34, s. 70; Code, s. 1048; Rev., s.
3727; C.S., s. 4429; 1979, c. 893, s. 5; 1983, c. 896, s. 1;
1993, c. 539, s. 201; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-291.1. Selling "numbers" tickets; possession prima facie
evidence of violation.
Except in connection with a lawful raffle as provided in
Part 2 of this Article, if any person shall sell, barter or cause
to be sold or bartered, any ticket, token, certificate or order
for any number or shares in any lottery, commonly known as the
numbers or butter and egg lottery, or lotteries of similar
character, to be drawn or paid within or without the State, such
person shall be guilty of a Class 2 misdemeanor. Any person who
shall have in his possession any tickets, tokens, certificates or
orders used in the operation of any such lottery shall be guilty
under this section, and the possession of such tickets shall be
prima facie evidence of the violation of this section.
(1943, c. 550; 1979, c. 893, s. 6; 1983, c. 896, s. 1; 1993, c.
539, s. 202; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-291.2. Pyramid and chain schemes
prohibited.
(a) No person shall establish, operate, participate in, or
otherwise promote any pyramid distribution plan, program, device
or scheme whereby a participant pays a valuable consideration for
the opportunity or chance to receive a fee or compensation upon
the introduction of other participants into the program, whether
or not such opportunity or chance is received in conjunction with
the purchase of merchandise. A person who establishes or operates
a pyramid distribution plan is guilty of a Class H felony. A
person who participates in or otherwise promotes a pyramid
distribution plan is deemed to participate in a lottery and is
guilty of a Class 2 misdemeanor.
(b) "Pyramid distribution plan" means any program utilizing
a pyramid or chain process by which a participant gives a
valuable consideration for the opportunity to receive
compensation or things of value in return for inducing other
persons to become participants in the program; and
"Compensation" does not mean payment based on sales of goods
or services to persons who are not participants in the scheme,
and who are not purchasing in order to participate in the scheme.
(c) Any judge of the superior court shall have
jurisdiction, upon petition by the Attorney General of North
Carolina or district attorney of the superior court, to enjoin,
as an unfair or deceptive trade practice, the continuation of the
scheme described in subsection (a); in such proceeding the court
may assess civil penalties and attorneys' fees to the Attorney
General or the District Attorney pursuant to G.S. 75-15.2 and 75-
16.1; and the court may appoint a receiver to secure and
distribute assets obtained by any defendant through participation
in any such scheme. The clear proceeds of civil penalties
provided for in this subsection shall be remitted to the Civil
Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(d) Any contract hereafter created for which a part of the
consideration consisted of the opportunity or chance to
participate in a program described in subsection (a) is hereby
declared to be contrary to public policy and therefore void and
unenforceable. (1971, c. 875, s. 1; 1973, c. 47, s. 2; 1983, c.
721, s. 2; 1993, c. 539, s. 203; 1994, Ex. Sess., c. 24, s.
14(c); 1997-443, s. 19.25(x); 1998-215, s. 96.)
§ 14-292. Gambling.
Except as provided in Part 2 of this Article, any person or
organization that operates any game of chance or any person who
plays at or bets on any game of chance at which any money,
property or other thing of value is bet, whether the same be in
stake or not, shall be guilty of a Class 2 misdemeanor. (1891, c.
29; Rev., s. 3715; C.S., s. 4430; 1979, c. 893, s. 1; 1983, c.
896, s. 1; 1993, c. 539, s. 204; 1994, Ex. Sess., c. 24, s.
14(c).)
§14-292.1. Repealed by Session Laws 1983, c. 896, s. 2,
effective October 1, 1983.
§ 14-293. Allowing gambling in houses of public
entertainment; penalty.
If any keeper of an ordinary or other house of
entertainment, or of a house wherein alcoholic beverages are
retailed, shall knowingly suffer any game, at which money or
property, or anything of value, is bet, whether the same be in
stake or not, to be played in any such house, or in any part of
the premises occupied therewith; or shall furnish persons so
playing or betting either on said premises or elsewhere with
drink or other thing for their comfort or subsistence during the
time of play, he shall be guilty of a Class 2 misdemeanor. Any
person who shall be convicted under this section shall, upon such
conviction, forfeit his license to do any of the businesses
mentioned in this section, and shall be forever debarred from
doing any of such businesses in this State. The court shall
embody in its judgment that such person has forfeited his
license, and no board of county commissioners, board of town
commissioners or board of aldermen shall thereafter have power or
authority to grant to such convicted person or his agent a
license to do any of the businesses mentioned herein. (1799, c.
526, P.R.; 1801, c. 581, P.R.; 1831, c. 26; R.C., c. 34, s. 76;
Code, s. 1043; 1901, c. 753; Rev., s. 3716; C.S., 4431; 1967, c.
101, s. 1; 1981, c. 412, s. 4(4); c. 747, s. 66; 1993, c. 539, s.
205; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-294. Gambling with faro banks and
tables.
If any person shall open, establish, use or keep a faro
bank, or a faro table, with the intent that games of chance may
be played thereat, or shall play or bet thereat any money,
property or other thing of value, whether the same be in stake or
not, he shall be guilty of a Class 2 misdemeanor. (1848, c. 34;
R.C., c. 71; 1856-7, c. 25; Code, s. 1044; Rev., s. 3717; C.S.,
s. 4432; 1993, c. 539, s. 206; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-295. Keeping gaming tables, illegal
punchboards or slot machines, or betting thereat.
If any person shall establish, use or keep any gaming table
(other than a faro bank), by whatever name such table may be
called, an illegal punchboard or an illegal slot machine, at
which games of chance shall be played, he shall be guilty of a
Class 2 misdemeanor; and every person who shall play thereat or
thereat bet any money, property or other thing of value, whether
the same be in stake or not, shall be guilty of a Class 2
misdemeanor. (1791, c. 336, P.R.; 1798, c. 502, s. 2, P.R.; R.C.,
c. 34, s. 72; Code, s. 1045; Rev., s. 3718; C.S., s. 4433; 1931,
c. 14, s. 2; 1993, c. 539, s. 207; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-296. Illegal slot machines and punchboards
defined.
An illegal slot machine or punchboard within the contemplation of
G.S. 14-295 through 14-298 is defined as a device where the user
may become entitled to receive any money, credit, allowance, or
any thing of value, as defined in G.S. 14-306. (1931, c. 14, s.
1; 1989, c. 406, s. 2.)
§ 14-297. Allowing gaming tables, illegal
punchboards or slot machines on premises.
If any person shall knowingly suffer to be opened, kept or
used in his house or on any part of the premises occupied
therewith, any of the gaming tables prohibited by G.S. 14-289
through 14-300 or any illegal punchboard or illegal slot machine,
he shall forfeit and pay to any one who will sue therefor two
hundred dollars ($200.00), and shall also be guilty of a Class 2
misdemeanor. (1798, c. 502, s. 3, P.R.; 1800, c. 5, s. 2, P.R.;
R.C., c. 34, s. 73; Code, s. 1046; Rev., s. 3719; C.S., s. 4434;
1931, c. 14, s. 3; 1993, c. 539, s. 208; 1994, Ex. Sess., c. 24,
s. 14(c).)
§14-298. Gaming tables, illegal punchboards and slot machines
to be destroyed by police officers.
All sheriffs and officers of police are hereby authorized
and directed, on information made to them on oath that any gaming
table prohibited to be used by G.S. 14-289 through 14-300, or any
illegal punchboard or illegal slot machine is in the possession
or use of any person within the limits of their jurisdiction, to
destroy the same by every means in their power; and they shall
call to their aid all the good citizens of the county, if
necessary, to effect its destruction. (1791, c. 336, P.R.; 1798,
c. 502, s. 2, P.R.; R.C., c. 34, s. 74; Code, s. 1049; Rev., s.
3720; C.S., s. 4435; 1931, c. 14, s. 4; 1973, c. 108, s. 11.)
§14-299. Property exhibited by gamblers to be seized;
disposition of same.
All moneys or other property or thing of value exhibited for
the purpose of alluring persons to bet on any game, or used in
the conduct of any such game, including any motor vehicle used in
the conduct of a lottery within the purview of G.S. 14-291.1,
shall be liable to be seized by any court of competent
jurisdiction or by any person acting under its warrant. Moneys so
seized shall be turned over to and paid to the treasurer of the
county wherein they are seized, and placed in the general fund of
the county. Any property seized which is used for and is suitable
only for gambling shall be destroyed, and all other property so
seized shall be sold in the manner provided for the sale of
personal property by execution, and the proceeds derived from
said sale shall (after deducting the expenses of keeping the
property and the costs of the sale and after paying, according to
their priorities all known prior, bona fide liens which were
created without the lienor having knowledge or notice that the
motor vehicle or other property was being used or to be used in
connection with the conduct of such game or lottery) be turned
over and paid to the treasurer of the county wherein the property
was seized, to be placed by said treasurer in the general fund of
the county. (1798, c. 502, s. 3, P.R.; R.C., c. 34, s. 77; Code,
s. 1051; Rev., s. 3722; C.S., s. 4436; 1943, c. 84; 1957, c.
501; 1973, c. 108, s. 12.)
§ 14-300. Opposing destruction of gaming tables
and seizure of property.
If any person shall oppose the destruction of any prohibited
gaming table, or the seizure of any moneys, property or other
thing staked on forbidden games, or shall take and carry away the
same or any part thereof after seizure, he shall forfeit and pay
to the person so opposed one thousand dollars ($1,000), for the
use of the State and the person so opposed, and shall, moreover,
be guilty of a Class 2 misdemeanor. (1798, c. 502, s. 4, P.R.;
R.C., c. 34, s. 78; Code, s. 1052; Rev., s. 3723; C.S., s. 4437;
1993, c. 539, s. 209; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-301. Operation or possession of slot machine;
separate offenses.
It shall be unlawful for any person, firm or corporation to
operate, keep in his possession or in the possession of any other
person, firm or corporation, for the purpose of being operated,
any slot machine or device where the user may become entitled to
receive any money, credit, allowance, or any thing of value, as
defined in G.S. 14-306. Each time said machine is operated as
aforesaid shall constitute a separate offense. (1923, c. 138, ss.
1, 2; C.S., s. 4437(a); 1989, c. 406, s. 3.)
§ 14-302. Punchboards, vending machines, and other
gambling devices; separate offenses.
It shall be unlawful for any person, firm or corporation to
operate or keep in his possession, or the possession of any other
person, firm or corporation, for the purpose of being operated,
any punchboard, slot machine or device where the user may become
entitled to receive any money, credit, allowance, or any thing of
value, as defined in G.S. 14-306. Each time said punchboard,
slot machine or device where the user may become entitled to
receive any money, credit, allowance, or any thing of value, as
defined in G.S. 14-306 is operated, played, or patronized by the
paying of money or other thing of value therefor, shall
constitute a separate violation of this section as to operation
thereunder. (1923, c. 138, ss. 3, 4; C.S., s. 4437(b); 1989, c.
406, s. 4.)
§ 14-303. Violation of two preceding sections a
misdemeanor.
A violation of any of the provisions of G.S. 14-301 or 14-
302 shall be a Class 2 misdemeanor. (1923, c. 138, s. 5; C.S., s.
4437(c); 1993, c. 366, s. 2, c. 539, s. 210; 1994, Ex. Sess., c.
14, s. 8(b).)
§ 14-304. Manufacture, sale, etc., of slot machines and
devices.
It shall be unlawful to manufacture, own, store, keep, possess,
sell, rent, lease, let on shares, lend or give away, transport,
or expose for sale or lease, or to offer to sell, rent, lease,
let on shares, lend or give away, or to permit the operation of,
or for any person to permit to be placed, maintained, used or
kept in any room, space or building owned, leased or occupied by
him or under his management or control, any slot machine or
device where the user may become entitled to receive any money,
credit, allowance, or any thing of value, as defined in G.S.
14-306. (1937, c. 196, s. 1; 1989, c. 406, s. 5.)
§ 14-305. Agreements with reference to slot machines or
devices made unlawful.
It shall be unlawful to make or permit to be made with any
person any agreement with reference to any slot machines or
device where the user may become entitled to receive any money,
credit, allowance, or any thing of value, as defined in G.S.
14-306 pursuant to which the user thereof may become entitled to
receive any money, credit, allowance, or anything of value or
additional chance or right to use such machines or devices, or to
receive any check, slug, token or memorandum entitling the holder
to receive any money, credit, allowance or thing of value. (1937,
c. 196, s. 2; 1989, c. 406, s. 6.)
§ 14-306. Slot machine or device defined.
Any machine, apparatus or device is a slot machine or device
within the provisions of G.S. 14-296 through 14-309, if it is one
that is adapted, or may be readily converted into one that is
adapted, for use in such a way that, as a result of the insertion
of any piece of money or coin or other object, such machine or
device is caused to operate or may be operated in such manner
that the user may receive or become entitled to receive any piece
of money, credit, allowance or thing of value, or any check,
slug, token or memorandum, whether of value or otherwise, or
which may be exchanged for any money, credit, allowance or any
thing of value, or which may be given in trade, or the user may
secure additional chances or rights to use such machine,
apparatus or device; or any other machine or device designed and
manufactured primarily for use in connection with gambling and
which machine or device is classified by the United States as
requiring a federal gaming device tax stamp under applicable
provisions of the Internal Revenue Code. This definition is
intended to embrace all slot machines and similar devices except
slot machines in which is kept any article to be purchased by
depositing any coin or thing of value, and for which may be had
any article of merchandise which makes the same return or returns
of equal value each and every time it is operated, or any machine
wherein may be seen any pictures or heard any music by depositing
therein any coin or thing of value, or any slot weighing machine
or any machine for making stencils by the use of contrivances
operated by depositing in the machine any coin or thing of value,
or any lock operated by slot wherein money or thing of value is
to be deposited, where such slot machines make the same return or
returns of equal value each and every time the same is operated
and does not at any time it is operated offer the user or
operator any additional money, credit, allowance, or thing of
value, or check, slug, token or memorandum, whether of value or
otherwise, which may be exchanged for money, credit, allowance or
thing of value or which may be given in trade or by which the
user may secure additional chances or rights to use such machine,
apparatus, or device, or in the playing of which the operator
does not have a chance to make varying scores or tallies.
The definition contained in the first paragraph of this
section and G.S. 14-296, 14-301, 14-302, and 14-305 does not
include coin-operated machines, video games, and devices used for
amusement. Included within this exception are pinball machines,
video games, and other mechanical devices that involve the use of
skill or dexterity to make varying scores or tallies and which,
in actual operation, limit to eight the number of accumulated
credits or replays that may be played at one time and which may
award free replays or paper coupons that may be exchanged for
prizes or merchandise with a value not exceeding ten dollars
($10.00), but may not be exchanged or converted to money. (1937,
c. 196, s. 3; 1967, c. 1219; 1977, c. 837; 1985, c. 644; 1989, c.
406, s. 1; 1993, c. 366, s. 1.)
§14-307. Issuance of license prohibited.
There shall be no State, county, or municipal tax levied for
the privilege of operating the machines or devices the operation
of which is prohibited by G.S. 14-304 through 14-309. (1937, c.
196, s. 4.)
§14-308. Declared a public nuisance.
An article or apparatus maintained or kept in violation of
G.S. 14-304 through 14-309 is a public nuisance. (1937, c. 196,
s. 5.)
§ 14-309. Violation made misdemeanor.
Any person who violates any provision of G.S. 14-304 through
14-309 is guilty of a Class 2 misdemeanor. (1937, c. 196, s. 6;
1993, c. 366, s. 3; 1994, Ex. Sess., c. 14, s. 9.)
§14-309.1. Defense to possession; antique slot machines.
(a) In any prosecution for possession of a slot machine or
device as defined in G.S. 14-306, it is a defense that the slot
machine was not intended to be used in the operation or promotion
of unlawful gambling activity or enterprise and that the slot
machine is an antique. For purposes of this section a slot
machine manufactured 25 years ago or earlier is conclusively
presumed to be an antique.
(b) When a defendant raises the defense provided in
subsection (a), any slot machine seized from the defendant shall
not be destroyed or otherwise altered until a final court
determination is rendered. If the court determines that the
defense has been proved the slot machine shall be returned
immediately to the defendant. (1979, 2nd Sess., c. 1090.)
§§14-309.2 to 14-309.4. Reserved for future codification
purposes.
PART 2. Bingo and Raffles.
§ 14-309.5. Bingo.
(a) The purpose of the conduct of bingo is to insure a
maximum availability of the net proceeds exclusively for
application to the charitable, nonprofit causes and undertakings
specified herein; that the only justification for this Part is to
support such charitable, nonprofit causes; and such purpose
should be carried out to prevent the operation of bingo by
professionals for profit, prevent commercialized gambling,
prevent the disguise of bingo and other game forms or promotional
schemes, prevent participation by criminal and other undesirable
elements, and prevent the diversion of funds for the purpose
herein authorized.
(b) It is lawful for an exempt organization to conduct
bingo games in accordance with the provisions of this Part. Any
licensed exempt organization who conducts a bingo game in
violation of any provision of this Part shall be guilty of a
Class 2 misdemeanor. Upon conviction such person shall not
conduct a bingo game for a period of one year. It is lawful to
participate in a bingo game conducted pursuant to this Part. It
shall be a Class I felony for any person: (i) to operate a bingo
game without a license; (ii) to operate a bingo game while
license is revoked or suspended; (iii) to willfully misuse or
misapply any moneys received in connection with any bingo game;
or (iv) to contract with or provide consulting services to any
licensee. It shall not constitute a violation of any State law
to advertise a bingo game conducted in accordance with this Part.
(1983, c. 896, s. 3; 1983 (Reg. Sess., 1984), c. 1107, ss. 1-4;
1989 (Reg. Sess., 1990), c. 826, s. 1; 1993, c. 539, ss. 212,
1231; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-309.6. Definitions.
For purposes of this Part, the term:
(1) "Exempt organization" means an organization that has
been in continuous existence in the county of operation of the
bingo game for at least one year and that is exempt from taxation
under section 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10),
501(c)(19), or 501(d) of the Internal Revenue Code and is exempt
under similar provisions of the General Statutes as a bona fide
nonprofit charitable, civic, religious, fraternal, patriotic or
veterans' organization or as a nonprofit volunteer fire
department, or as a nonprofit volunteer rescue squad or a bona
fide homeowners' or property owners' association. (If the
organization has local branches or chapters, the term "exempt
organization" means the local branch or chapter operating the
bingo game);
(2) "Bingo game" means a specific game of chance played with
individual cards having numbered squares ranging from one to 75,
in which prizes are awarded on the basis of designated numbers on
such cards conforming to a predetermined pattern of numbers (but
shall not include "instant bingo" which is a game of chance
played by the selection of one or more prepackaged cards, with
winners determined by the appearance of a preselected designation
on the card);
(3) Repealed by Session Laws 1983 (Regular Session 1984), c.
1107, s. 5.
(4) "Local law-enforcement agency" means for any bingo game
conducted outside the corporate limits of a municipality or
inside the corporate limits of a municipality having no municipal
police force:
a. The county police force; or
b. The county sheriff's office in a county with no county
police force;
(5) "Local law-enforcement agency" means the municipal
police for any bingo game conducted within the corporate limits
of a municipality having a police force;
(6) "Beach bingo games" means bingo games which have prizes
of ten dollars ($10.00) or less or merchandise that is not
redeemable for cash and that has a value of ten dollars ($10.00)
or less; and
(7) "Licensed exempt organization" means an exempt
organization which possesses a currently valid license. (1983, c.
896, s. 3; 1983 (Reg. Sess., 1984), c. 1107, ss. 2, 5.)
§ 14-309.7. Licensing procedure.
(a) An exempt organization may not operate a bingo game at
a location without a license. Application for a bingo license
shall be made to the Department of Health and Human Services on a
form prescribed by the Department. The Department shall charge an
annual application fee of one hundred dollars ($100.00) to defray
the cost of issuing bingo licenses and handling bingo audit
reports. The fees collected shall be deposited in the General
Fund of the State. This license shall expire one year after the
granting of the license. This license may be renewed yearly, if
the applicant pays the application fee and files an audit with
the Department pursuant to G.S. 14-309.11. A copy of the
application and license shall be furnished to the local law-
enforcement agency in the county or municipality in which the
licensee intends to operate before bingo is conducted by the
licensee.
(b) Each application and renewal application shall contain
the following information:
(1) The name and address of the applicant and if
the applicant is a corporation, association or other similar
legal entity, the name and home address of each of the officers
of the organization as well as the name and address of the
directors, or other persons similarly situated, of the
organization.
(2) The name and home address of each of the
members of the special committee.
(3) A copy of the application for recognition of
exemptions and a determination letter from the Internal Revenue
Service and the Department of Revenue that indicates that the
organization is an exempt organization and stating the section
under which that exemption is granted; except that if the
organization is a State or local branch, lodge, post, or chapter
of a national organization, a copy of the determination letter of
the national organization satisfies this requirement.
(4) The location at which the applicant will
conduct the bingo games. If the premises are leased, a copy of
the lease or rental agreement.
(c) In order for an exempt organization to have a member
familiar with the operation of bingo present on the premises at
all times when bingo is being played and for this member to be
responsible for the receiving, reporting and depositing of all
revenues received, the exempt organization may pay one member for
conducting a bingo game. Such pay shall be on an hourly basis
only for the time bingo is actually being played and shall not
exceed one and one-half times the existing minimum wage in North
Carolina. The member paid under this provision shall be a member
in good standing of the exempt organization for at least one year
and shall not be the lessor or an employee or agent of the
lessor. No other person may be compensated for conducting a bingo
game from funds derived from any activities occurring in, or
simultaneously with, the playing of bingo, including funds
derived from concessions. An exempt organization shall not
contract with any person for the purpose of conducting a bingo
game. Except as provided in subsection (e) of this section, an
exempt organization may hold a bingo game only in or on property
owned (either legally or equitably and the buildings must be of a
permanent nature with approved plumbing for bathrooms and not
movable or of a temporary nature such as a tent or lean-to) or
leased by the organization from the owner or bona fide property
management agent (no subleasing is permitted) at a total monthly
rental in an amount not to exceed one and one-quarter percent (1
1/4%) of the total assessed ad valorem tax value of the portion
of the building actually used for the bingo games and the land
value on which the building is located (not to exceed two acres)
for all activities conducted therein including the playing of
bingo for a period of not less than one year and actually
occupied and used by that organization on a regular basis for
purposes other than bingo for at least six months before the
game; and all equipment used by the exempt organization in
conducting the bingo game must be owned by the organization.
Unless the exempt organization leases the property in accordance
with this subsection, an exempt organization may conduct a bingo
game only in or on property that is exempt from property taxes
levied under Subchapter II of Chapter 105 of the General
Statutes, or that is classified and not subject to any property
taxes levied under Subchapter II of Chapter 105 of the General
Statutes. It shall be unlawful for any person to operate beach
bingo games at a location which is being used by any licensed
exempt organization for the purpose of conducting bingo games.
(d) Conduct of a bingo game or raffle under this Part on
such property shall not operate to defeat an exemption or
classification under Subchapter II of Chapter 105 of the General
Statutes.
(e) An exempt organization that wants to conduct only an
annual or semiannual bingo game may apply to the Department of
Health and Human Services for a limited occasion permit. The
Department of Health and Human Services may require such
information as is reasonable and necessary to determine that the
bingo game is conducted in accordance with the provisions of this
Part but may not require more information than previously
specified in this section for application of a regular license.
The application shall be made to the Department on prescribed
forms at least 30 days prior to the scheduled date of the bingo
game. In lieu of the reporting requirements of G.S. 14-309.11(b)
the exempt organization shall file with the licensing agency and
local law-enforcement a report on prescribed forms no later than
30 days following the conduct of the bingo game for which the
permit was obtained. Such report may require such information as
is reasonable and necessary to determine that the bingo game was
conducted in accordance with the provisions of this Part but may
not require more information than specified in G.S. 14-309.11(b).
Any licensed exempt organization may donate or loan its equipment
or use of its premises to an exempt organization which has
secured a limited occasion permit provided such arrangement is
disclosed in the limited occasion permit application and is
approved by the Department of Health and Human Services. Except
as stated above, all provisions of this Part shall apply to any
exempt organization operating a bingo game under this provision.
(1983, c. 896, s. 3; c. 923, s. 217; 1983 (Reg. Sess., 1984), c.
1107, ss. 2, 4, 6; 1987, c. 866, ss. 1, 2; 1987 (Reg. Sess.,
1988), c. 1001, s. 1; 1997-443, s. 11A.118(a).)
§14-309.8. Limit on sessions.
The number of sessions of bingo conducted or sponsored by an
exempt organization shall be limited to two sessions per week and
such sessions must not exceed a period of five hours each per
session. No two sessions of bingo shall be held within a 48-hour
period of time. No more than two sessions of bingo shall be
operated or conducted in any one building, hall or structure
during any one calendar week and if two sessions are held, they
must be held by the same exempt organization. This section shall
not apply to bingo games conducted at a fair or other exhibition
conducted pursuant to Article 45 of Chapter 106 of the General
Statutes. (1983, c. 896, s. 3; c. 923, s. 217; 1983 (Reg. Sess.,
1984), c. 1107, ss. 6, 7.)
§14-309.9. Bingo prizes.
(a) The maximum prize in cash or merchandise that may be
offered or paid for any one game of bingo is five hundred dollars
($500.00). The maximum aggregate amount of prizes, in cash and/or
merchandise, that may be offered or paid at any one session of
bingo is one thousand five hundred dollars ($1,500). Provided,
however, that if an exempt organization holds only one session of
bingo during a calendar week, the maximum aggregate amount of
prizes, in cash and/or merchandise, that may be offered or paid
at any one session is two thousand five hundred dollars ($2,500).
(b) Repealed by Session Laws 1983 (Regular Session 1984), c.
1107, s. 8.
(c) This section shall not apply to bingo games conducted at
a fair or other exhibition conducted pursuant to Article 45 of
Chapter 106 of the General Statutes. (1983, c. 896, s. 3; 1983
(Reg. Sess., 1984), c. 1107, ss. 6, 8.)
§14-309.10. Operation of bingo.
The operation of bingo games shall be the direct
responsibility of, and controlled by, a special committee
selected by the governing body of the exempt organization in the
manner provided by the rules of the exempt organization. (1983,
c. 896, s. 3; 1983 (Reg. Sess., 1984), c. 1107, s. 9.)
§ 14-309.11. Accounting and use of
proceeds.
(a) All funds received in connection with a bingo game
shall be placed in a separate bank account. No funds may be
disbursed from this account except the exempt organization may
expend proceeds for prizes, advertising, utilities, and the
purchase of supplies and equipment used [in conducting the raffle
and] in playing bingo, taxes and license fees related to bingo
and the payment of compensation as authorized by G.S. 14-309.7(c)
and for the purposes set forth below for the remaining proceeds.
Such payments shall be made by consecutively numbered checks. Any
proceeds available in the account after payment of the above
expenses shall inure to the exempt organization to be used for
religious, charitable, civic, scientific, testing, public safety,
literary, or educational purposes or for purchasing,
constructing, maintaining, operating or using equipment or land
or a building or improvements thereto owned by and for the exempt
organization and used for civic purposes or made available by the
exempt organization for use by the general public from time to
time, or to foster amateur sports competition, or for the
prevention of cruelty to children or animals, provided that no
proceeds shall be used or expended for social functions for the
members of the exempt organization.
(b) An audit of the account required by subsection (a) of
this section shall be prepared annually for the period of January
1 through December 31 or otherwise as directed by the Department
of Health and Human Services and shall be filed with the
Department of Health and Human Services and the local law-
enforcement agency at a time directed by the Department of Health
and Human Services. The audit shall be prepared on a form
approved by the Department of Health and Human Services and shall
include the following information:
(1) The number of bingo games conducted or
sponsored by the exempt organization;
(2) The location and date at which each bingo game
was conducted and the prize awarded;
(3) The gross receipts of each bingo game;
(4) The cost or amount of any prize given at each
bingo game;
(5) The amount paid in prizes at each session;
(6) The net return to the exempt organization; and
(7) The disbursements from the separate account and
the purpose of those disbursements, including the date of each
transaction and the name and address of each payee.
(c) Any person who shall willfully furnish, supply, or
otherwise give false information in any audit or statement filed
pursuant to this section shall be guilty of a Class 2
misdemeanor.
(d) All books, papers, records and documents relevant to
determining whether an organization has acted or is acting in
compliance with this section shall be open to inspection by the
law-enforcement agency or its designee, or the district attorney
or his designee, or the Department of Health and Human Services
at reasonable times and during reasonable hours. (1983, c. 896,
s. 3; 1983 (Reg. Sess., 1984), c. 1107, ss. 2, 3, 9; 1987, c.
866, s. 3; 1987 (Reg. Sess., 1988), c. 1001, s. 1; 1993, c. 539,
s. 213; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s.
11A.118(a).)
§14-309.12. Violation is gambling.
A bingo game conducted otherwise than in accordance with the
provisions of this Part is "gambling" within the meaning of G.S.
19-1 et seq., and proceedings against such bingo game may be
instituted as provided for in Chapter 19 of the General Statutes.
(1983, c. 896, s. 3; 1983 (Reg. Sess., 1984), c. 1107, s. 2.)
§14-309.13. Public sessions.
Any exempt organization operating a bingo game which is open
to persons other than members of the exempt organization, their
spouses, and their children shall make such bingo game open to
the general public. (1983, c. 896, s. 3; 1983 (Reg. Sess., 1984),
c. 1107, s. 4.)
§ 14-309.14. Beach bingo.
Nothing in this Article shall apply to "beach bingo" games
except for the following subdivisions:
(1) No beach bingo game may offer a prize having a
value greater than ten dollars ($10.00). Any person offering a
greater than ten-dollar ($10.00) but less than fifty-dollar
($50.00) prize is guilty of a Class 2 misdemeanor. Any person
offering a prize of fifty dollars ($50.00) or greater is guilty
of a Class I felony.
(2) No beach bingo game may be held in conjunction
with any other lawful bingo game, with any "promotional bingo
game", or with any offering of an opportunity to obtain anything
of value, whether for valuable consideration or not. No beach
bingo game may offer free bingo games as a promotion, for prizes
or otherwise. Any person who violates this subsection is guilty
of a Class I felony.
(3) G.S. 18B-308 shall apply to beach bingo games.
(4) Upon conviction under any provision of this
section, such person shall not conduct a bingo game for a period
of at least one year. (1983, c. 896, s. 3; 1983 (Reg. Sess.,
1984), c. 1107, s. 10; 1987, c. 701; 1989 (Reg. Sess., 1990), c.
826, s. 2; 1993, c. 539, ss. 214, 1232; 1994, Ex. Sess., c. 24,
s. 14(c).)
§ 14-309.15. Raffles.
(a) It is lawful for any nonprofit organization or
association, recognized by the Department of Revenue as tax-
exempt pursuant to G.S. 105-130.11(a), to conduct raffles in
accordance with this section. Any person who conducts a raffle in
violation of any provision of this section shall be guilty of a
Class 2 misdemeanor. Upon conviction that person shall not
conduct a raffle for a period of one year. It is lawful to
participate in a raffle conducted pursuant to this section. It
shall not constitute a violation of State law to advertise a
raffle conducted in accordance with this section. A raffle
conducted pursuant to this section is not "gambling".
(b) For purposes of this section "raffle" means a game in
which the prize is won by random drawing of the name or number of
one or more persons purchasing chances.
(c) Raffles shall be limited to two per nonprofit
organization per year.
(d) The maximum cash prize that may be offered or paid for
any one raffle is ten thousand dollars ($10,000) and if
merchandise is used as a prize, and it is not redeemable for
cash, the maximum fair market value of that prize may be fifty
thousand dollars ($50,000). No real property may be offered as a
prize in a raffle. The total cash prizes offered or paid by any
nonprofit organization or association may not exceed ten thousand
dollars ($10,000) in any calendar year. The total fair market
value of all prizes offered by any nonprofit organization or
association, either in cash or in merchandise that is not
redeemable for cash, may not exceed fifty thousand dollars
($50,000) in any calendar year.
(e) Raffles shall not be conducted in conjunction with
bingo.
(f) As used in this subsection, "net proceeds of a raffle"
means the receipts less the cost of prizes awarded. No less than
ninety percent (90%) of the net proceeds of a raffle shall be
used by the nonprofit organization or association for charitable,
religious, educational, civic, or other nonprofit purposes. None
of the net proceeds of the raffle may be used to pay any person
to conduct the raffle, or to rent a building where the tickets
are received or sold or the drawing is conducted. (1983 (Reg.
Sess., 1984), c. 1107, s. 11; 1993, c. 219, s. 1; c. 539, s. 215;
1994, Ex. Sess., c. 24, s. 14(c); 1997-10, s. 1.)
Part 3. Greyhound Racing.
§ 14-309.20. Greyhound racing prohibited.
(a) No person shall hold, conduct, or operate any greyhound
races for public exhibition in this State for monetary
remuneration.
(b) No person shall transmit or receive interstate or
intrastate simulcasting of greyhound races for commercial
purposes in this State.
(c) Any person who violates this section shall be guilty of
a Class 1 misdemeanor. (1998-212, s. 17.16(d).)
§§ 14-310 through 14-312: Repealed by Session Laws
1993 (Reg. Sess., 1994), c. 767, s. 30(13)--(15).
ARTICLE 39.
Protection of Minors.
§ 14-313. Youth access to tobacco products.
(a) Definitions. -- The following definitions apply in this
section:
(1) Distribute. -- To sell, furnish, give, or
provide tobacco products, including tobacco product samples, or
cigarette wrapping papers to the ultimate consumer.
(2) Proof of age. -- A drivers license or other
photographic identification that includes the bearer's date of
birth that purports to establish that the person is 18 years of
age or older.
(3) Sample. -- A tobacco product distributed to
members of the general public at no cost for the purpose of
promoting the product.
(4) Tobacco product. -- Any product that contains
tobacco and is intended for human consumption.
(b) Sale or distribution to persons under the age of 18
years. -- If any person shall distribute, or aid, assist, or abet
any other person in distributing tobacco products or cigarette
wrapping papers to any person under the age of 18 years, or if
any person shall purchase tobacco products or cigarette wrapping
papers on behalf of a person, less than 18 years, the person
shall be guilty of a Class 2 misdemeanor; provided, however, that
it shall not be unlawful to distribute tobacco products or
cigarette wrapping papers to an employee when required in the
performance of the employee's duties. Retail distributors of
tobacco products shall prominently display near the point of sale
a sign in letters at least five-eighths of an inch high which
states the following:
N.C. LAW STRICTLY PROHIBITS
THE PURCHASE OF TOBACCO PRODUCTS
BY PERSONS UNDER THE AGE OF 18.
PROOF OF AGE REQUIRED.
Failure to post the required sign shall be an infraction
punishable by a fine of twenty-five dollars ($25.00) for the
first offense and seventy-five dollars ($75.00) for each
succeeding offense.
A person engaged in the sale of tobacco products shall
demand proof of age from a prospective purchaser if the person
has reasonable grounds to believe that the prospective purchaser
is under 18 years of age. Failure to demand proof of age as
required by this subsection is a Class 2 misdemeanor if in fact
the prospective purchaser is under 18 years of age. Proof that
the defendant demanded, was shown, and reasonably relied upon
proof of age in the case of a retailer, or any other documentary
or written evidence of age in the case of a nonretailer, shall be
a defense to any action brought under this subsection. Retail
distributors of tobacco products shall train their sales
employees in the requirements of this law.
(b1) Vending machines. -- Tobacco products shall not be
distributed in vending machines; provided, however, vending
machines distributing tobacco products are permitted (i) in any
establishment which is open only to persons 18 years of age and
older; or (ii) in any establishment if the vending machine is
under the continuous control of the owner or licensee of the
premises or an employee thereof and can be operated only upon
activation by the owner, licensee, or employee prior to each
purchase and the vending machine is not accessible to the public
when the establishment is closed. The owner, licensee, or
employee shall demand proof of age from a prospective purchaser
if the person has reasonable grounds to believe that the
prospective purchaser is under 18 years of age. Failure to demand
proof of age as required by this subsection is a Class 2
misdemeanor if in fact the prospective purchaser is under 18
years of age. Proof that the defendant demanded, was shown, and
reasonably relied upon proof of age shall be a defense to any
action brought under this subsection. Vending machines
distributing tobacco products in establishments not meeting the
above conditions shall be removed prior to December 1, 1997. Any
person distributing tobacco products through vending machines in
violation of this subsection shall be guilty of a Class 2
misdemeanor.
(c) Purchase by persons under the age of 18 years. -- If
any person under the age of 18 years purchases or accepts
receipt, or attempts to purchase or accept receipt, of tobacco
products or cigarette wrapping papers, or presents or offers to
any person any purported proof of age which is false, fraudulent,
or not actually his or her own, for the purpose of purchasing or
receiving any tobacco product or cigarette wrapping papers, the
person shall be guilty of a Class 2 misdemeanor.
(d) Send or assist person less than 18 years to purchase or
receive tobacco product. -- If any person shall send a person
less than 18 years of age to purchase, acquire, receive, or
attempt to purchase, acquire, or receive tobacco products or
cigarette wrapping papers, or if any person shall aid or abet a
person who is less than 18 years of age in purchasing,
acquiring, or receiving or attempting to purchase, acquire, or
receive tobacco products or cigarette wrapping papers, the person
shall be guilty of a Class 2 misdemeanor; provided, however,
persons under the age of 18 may be enlisted by police or local
sheriffs' departments to test compliance if the testing is under
the direct supervision of that law enforcement department and
written parental consent is provided; provided further, that the
Department of Health and Human Services shall have the authority,
pursuant to a written plan prepared by the Secretary of Health
and Human Services, to use persons under 18 years of age in
annual, random, unannounced inspections, provided that prior
written parental consent is given for the involvement of these
persons and that the inspections are conducted for the sole
purpose of preparing a scientifically and methodologically valid
statistical study of the extent of success the State has achieved
in reducing the availability of tobacco products to persons under
the age of 18, and preparing any report to the extent required by
section 1926 of the federal Public Health Service Act (42 USC §
300x-26).
(e) Statewide uniformity. -- It is the intent of the
General Assembly to prescribe this uniform system for the
regulation of tobacco products to ensure the eligibility for and
receipt of any federal funds or grants that the State now
receives or may receive relating to the provisions of G.S. 14-
313. To ensure uniformity, no political subdivisions, boards, or
agencies of the State nor any county, city, municipality,
municipal corporation, town, township, village, nor any
department or agency thereof, may enact ordinances, rules or
regulations concerning the sale, distribution, display or
promotion of tobacco products or cigarette wrapping papers on or
after September 1, 1995. This subsection does not apply to the
regulation of vending machines, nor does it prohibit the
Secretary of Revenue from adopting rules with respect to the
administration of the tobacco products taxes levied under Article
2A of Chapter 105 of the General Statutes.
(f) Deferred prosecution. -- Notwithstanding G.S. 15A-
1341(a1), any person charged with a misdemeanor under this
section shall be qualified for deferred prosecution pursuant to
Article 82 of Chapter 15A of the General Statutes provided the
defendant has not previously been placed on probation for a
violation of this section and so states under oath. (1891, c.
276; Rev., s. 3804; C.S., s. 4438; 1969, c. 1224, s. 3; 1991, c.
628, s. 1; 1993, c. 539, s. 216; 1994, Ex. Sess., c. 24, s.
14(c); 1995, c. 241, s. 1; 1997-434, ss. 1-6; 1997-443, s.
11A.118(a).)
§14-314. Repealed by Session Laws 1971, c. 31.
§ 14-315. Selling or giving weapons to
minors.
(a) Sale of Weapons Other Than Handguns. -- If a person
sells, offers for sale, gives, or in any way transfers to a minor
any pistol cartridge, brass knucks, bowie knife, dirk, shurikin,
leaded cane, or slungshot, the person is guilty of a Class 1
misdemeanor and, in addition, shall forfeit the proceeds of any
sale made in violation of this section.
(a1) Sale of Handguns. -- If a person sells, offers for
sale, gives, or in any way transfers to a minor any handgun as
defined in G.S. 14-269.7, the person is guilty of a Class H
felony and, in addition, shall forfeit the proceeds of any sale
made in violation of this section. This section does not apply in
any of the following circumstances:
(1) The handgun is lent to a minor for temporary
use if the minor's possession of the handgun is lawful under G.S.
14-269.7 and G.S. 14-316 and is not otherwise unlawful.
(2) The handgun is transferred to an adult
custodian pursuant to Chapter 33A of the General Statutes, and
the minor does not take possession of the handgun except that the
adult custodian may allow the minor temporary possession of the
handgun in circumstances in which the minor's possession of the
handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not
otherwise unlawful.
(3) The handgun is a devise or legacy and is
distributed to a parent or guardian under G.S. 28A-22-7, and the
minor does not take possession of the handgun except that the
parent or guardian may allow the minor temporary possession of
the handgun in circumstances in which the minor's possession of
the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is
not otherwise unlawful.
(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c.
597, s. 2.
(b1) Defense. -- It shall be a defense to a violation of
this section if all of the following conditions are met:
(1) The person shows that the minor produced an
apparently valid permit to receive the weapon, if such a permit
would be required under G.S. 14-402 or G.S. 14-409.1 for transfer
of the weapon to an adult.
(2) The person reasonably believed that the minor
was not a minor.
(3) The person either:
a. Shows that the minor produced a drivers
license, a special identification card issued under G.S. 20-37.7,
a military identification card, or a passport, showing the
minor's age to be at least the required age for purchase and
bearing a physical description of the person named on the card
reasonably describing the minor; or
b. Produces evidence of other facts that
reasonably indicated at the time of sale that the minor was at
least the required age. (1893, c. 514; Rev., s. 3832; C.S., s.
4440; 1985, c. 199; 1993, c. 259, s. 3; 1993, c. 539, s. 217;
1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c.
597, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 20.13(b).)
§ 14-315.1. Storage of firearms to protect minors.
(a) Any person who resides in the same premises as a minor,
owns or possesses a firearm, and stores or leaves the firearm (i)
in a condition that the firearm can be discharged and (ii) in a
manner that the person knew or should have known that an
unsupervised minor would be able to gain access to the firearm,
is guilty of a Class 1 misdemeanor if a minor gains access to the
firearm without the lawful permission of the minor's parents or a
person having charge of the minor and the minor:
(1) Possesses it in violation of G.S. 14-269.2(b);
(2) Exhibits it in a public place in a careless,
angry, or threatening manner;
(3) Causes personal injury or death with it not in
self defense; or
(4) Uses it in the commission of a crime.
(b) Nothing in this section shall prohibit a person from
carrying a firearm on his or her body, or placed in such close
proximity that it can be used as easily and quickly as if carried
on the body.
(c) This section shall not apply if the minor obtained the
firearm as a result of an unlawful entry by any person.
(d) "Minor" as used in this section means a person under 18
years of age who is not emancipated. (1993, c. 558, s. 2; 1994,
Ex. Sess., c. 14, s. 11.)
§ 14-315.2. Warning upon sale or transfer of firearm to
protect minor.
(a) Upon the retail commercial sale or transfer of any
firearm, the seller or transferor shall deliver a written copy of
G.S. 14-315.1 to the purchaser or transferee.
(b) Any retail or wholesale store, shop, or sales outlet
that sells firearms shall conspicuously post at each purchase
counter the following warning in block letters not less than one
inch in height the phrase: "IT IS UNLAWFUL TO STORE OR LEAVE A
FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE
PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR."
(c) A violation of subsection (a) or (b) of this section is
a Class 1 misdemeanor. (1993, c. 558, s. 2; 1994, Ex. Sess., c.
14, s. 12.)
§ 14-316. Permitting young children to use
dangerous firearms.
(a) It shall be unlawful for any parent, guardian, or
person standing in loco parentis, to knowingly permit his
child under the age of 12 years to have the possession, custody
or use in any manner whatever, any gun, pistol or other dangerous
firearm, whether such weapon be loaded or unloaded, except when
such child is under the supervision of the parent, guardian or
person standing in loco parentis. It shall be unlawful
for any other person to knowingly furnish such child any weapon
enumerated herein. Any person violating the provisions of this
section shall be guilty of a Class 2 misdemeanor.
(b) Air rifles, air pistols, and BB guns shall not be
deemed "dangerous firearms" within the meaning of subsection (a)
of this section except in the following counties: Anson,
Caldwell, Caswell, Chowan, Cleveland, Cumberland, Durham,
Forsyth, Gaston, Harnett, Haywood, Mecklenburg, Stanly, Stokes,
Surry, Union, Vance. (1913, c. 32; C.S., s. 4441; 1965, c. 813;
1971, c. 309; 1993, c. 539, s. 218; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-316.1. Contributing to delinquency and
neglect by parents and others.
Any person who is at least 16 years old who knowingly or
willfully causes, encourages, or aids any juvenile within the
jurisdiction of the court to be in a place or condition, or to
commit an act whereby the juvenile could be adjudicated
delinquent, undisciplined, abused, or neglected as defined by
G.S. 7B-101 and G.S. 7B-1501 shall be guilty of a Class 1
misdemeanor.
It is not necessary for the district court exercising
juvenile jurisdiction to make an adjudication that any juvenile
is delinquent, undisciplined, abused, or neglected in order to
prosecute a parent or any person, including an employee of the
Office of Juvenile Justice under this section. An adjudication
that a juvenile is delinquent, undisciplined, abused, or
neglected shall not preclude a subsequent prosecution of a parent
or any other person including an employee of the Office of
Juvenile Justice, who contributes to the delinquent,
undisciplined, abused, or neglected condition of any juvenile.
(1919, c. 97, s. 19; C.S., s. 5057; 1959, c. 1284; 1969, c. 911,
s. 4; 1971, c. 1180, s. 5; 1979, c. 692; 1983, c. 175, ss. 8, 10;
c. 720, s. 4; 1993, c. 539, s. 219; 1994, Ex. Sess., c. 24, s.
14(c); 1997-443, s. 11A.118(a); 1998-202, s. 4(b).)
§ 14-317. Permitting minors to enter barrooms
or billiard rooms.
If the manager or owner of any barroom, wherein beer, wine,
or any alcoholic beverages are sold or consumed, or billiard room
shall knowingly allow any minor under 18 years of age to enter or
remain in such barroom or billiard room, where before such minor
under 18 years of age enters or remains in such barroom or
billiard room, the manager or owner thereof has been notified in
writing by the parents or guardian of such minor under 18 years
of age not to allow him to enter or remain in such barroom or
billiard room, he shall be guilty of a Class 3 misdemeanor.
(1897, c. 278; Rev., s. 3729; C.S., s. 4442; 1967, c. 1089; 1993,
c. 539, s. 220; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-318. Exposing children to fire.
If any person shall leave any child under the age of eight
years locked or otherwise confined in any dwelling, building or
enclosure, and go away from such dwelling, building or enclosure
without leaving some person of the age of discretion in charge of
the same, so as to expose the child to danger by fire, the person
so offending shall be guilty of a Class 1 misdemeanor. (1893, c.
12; Rev., s. 3795; C.S., s. 4443; 1983, c. 175, s. 9, 10, c. 720,
s. 4; 1993, c. 539, s. 221; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-318.1. Discarding or abandoning iceboxes,
etc.; precautions required.
It shall be unlawful for any person, firm or corporation to
discard, abandon, leave or allow to remain in any place any
icebox, refrigerator or other container, device or equipment of
any kind with an interior storage area of more than one and
one-half cubic feet of clear space which is airtight, without
first removing the door or doors or hinges from such icebox,
refrigerator, container, device or equipment. This section shall
not apply to any icebox, refrigerator, container, device or
equipment which is being used for the purpose for which it was
originally designed, or is being used for display purposes by any
retail or wholesale merchant, or is crated, strapped or locked to
such an extent that it is impossible for a child to obtain access
to any airtight compartment thereof. Any person violating the
provisions of this section shall be guilty of a Class 1
misdemeanor. (1955, c. 305; 1993, c. 539, s. 222; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-318.2. Child abuse a Class 1
misdemeanor.
(a) Any parent of a child less than 16 years of age, or any
other person providing care to or supervision of such child, who
inflicts physical injury, or who allows physical injury to be
inflicted, or who creates or allows to be created a substantial
risk of physical injury, upon or to such child by other than
accidental means is guilty of the Class 1 misdemeanor of child
abuse.
(b) The Class 1 misdemeanor of child abuse is an offense
additional to other civil and criminal provisions and is not
intended to repeal or preclude any other sanctions or remedies.
(1965, c. 472, s. 1; 1971, c. 710, s. 6; 1993, c. 539, s. 223;
1994, Ex. Sess., c. 14, s. 13, c. 24, s. 14(c).)
§14-318.3. Repealed by Session Laws 1971, c. 710, s. 7.
§ 14-318.4. Child abuse a felony.
(a) A parent or any other person providing care to or
supervision of a child less than 16 years of age who
intentionally inflicts any serious physical injury upon or to the
child or who intentionally commits an assault upon the child
which results in any serious physical injury to the child is
guilty of a Class E felony, except as otherwise provided in
subsection (a3) of this section.
(a1) Any parent of a child less than 16 years of age, or
any other person providing care to or supervision of the child,
who commits, permits, or encourages any act of prostitution with
or by the juvenile is guilty of child abuse and shall be punished
as a Class E felon.
(a2) Any parent or legal guardian of a child less than 16
years of age who commits or allows the commission of any sexual
act upon a juvenile is guilty of a Class E felony.
(a3) A parent or any other person providing care to or
supervision of a child less than 16 years of age who
intentionally inflicts any serious bodily injury to the child or
who intentionally commits an assault upon the child which results
in any serious bodily injury to the child, or which results in
permanent or protracted loss or impairment of any mental or
emotional function of the child, is guilty of a Class C felony.
"Serious bodily injury" is defined as bodily injury that creates
a substantial risk of death, or that causes serious permanent
disfigurement, coma, a permanent or protracted condition that
causes extreme pain, or permanent or protracted loss or
impairment of the function of any bodily member or organ, or that
results in prolonged hospitalization.
(b) The felony of child abuse is an offense additional to
other civil and criminal provisions and is not intended to repeal
or preclude any other sanctions or remedies. (1979, c. 897, s. 1;
1979, 2nd Sess., c. 1316, s. 18; 1981, c. 63, s. 1; c. 179, s.
14; 1983, c. 653, s. 1; c. 916, §1; 1985, c. 509, s. 5; c. 668;
1993, c. 539, s. 1233; 1994, Ex. Sess., c. 24, s. 14(c); 1999-
451, s. 1.)
§14-319. Repealed by Session Laws 1975, c. 402.
§ 14-320. Repealed by Session Laws 1987, c. 716, s.
2.
§ 14-320.1. Transporting child outside the
State with intent to violate custody order.
When any federal court or state court in the United States
shall have awarded custody of a child under the age of 16 years,
it shall be a felony for any person with the intent to violate
the court order to take or transport, or cause to be taken or
transported, any such child from any point within this State to
any point outside the limits of this State or to keep any such
child outside the limits of this State. Such crime shall be
punishable as a Class I felony. Provided that keeping a child
outside the limits of the State in violation of a court order for
a period in excess of 72 hours shall be prima facie
evidence that the person charged intended to violate the order at
the time of taking. (1969, c. 81; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1983, c.
563, s. 1; 1993, c. 539, s. 1234; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-321. Failing to pay minors for doing
certain work.
Whenever any person, having a contract with any corporation,
company or person for the manufacture or change of any raw
material by the piece or pound, shall employ any minor to assist
in the work upon the faith of and by color of such contract, with
intent to cheat and defraud such minor, and, having secured the
contract price, shall willfully fail to pay the minor when he
shall have performed his part of the contract work, whether done
by the day or by the job, the person so offending shall be guilty
of a Class 3 misdemeanor. (1893, c. 309; Rev., s. 3428a; C.S., s.
4446; 1993, c. 539, s. 224; 1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 40.
Protection of the Family.
§ 14-322. Abandonment and failure to support
spouse and children.
(a) For purposes of this Article:
(1) "Supporting spouse" means a spouse, whether
husband or wife, upon whom the other spouse is actually
substantially dependent or from whom such other spouse is
substantially in need of maintenance and support.
(2) "Dependent spouse" means a spouse, whether
husband or wife, who is actually substantially dependent upon the
other spouse for his or her maintenance and support or is
substantially in need of maintenance and support from the other
spouse.
(b) Any supporting spouse who shall willfully abandon a
dependent spouse without providing that spouse with adequate
support shall be guilty of a Class 1 or 2 misdemeanor and upon
conviction shall be punished according to subsection (f).
(c) Any supporting spouse who, while living with a
dependent spouse, shall willfully neglect to provide adequate
support for that dependent spouse shall be guilty of a
misdemeanor and upon conviction shall be punished according to
subsection (f).
(d) Any parent who shall willfully neglect or refuse to
provide adequate support for that parent's child, whether natural
or adopted, and whether or not the parent abandons the child,
shall be guilty of a misdemeanor and upon conviction shall be
punished according to subsection (f). Willful neglect or refusal
to provide adequate support of a child shall constitute a
continuing offense and shall not be barred by any statute of
limitations until the youngest living child of the parent shall
reach the age of 18 years.
(e) Upon conviction for an offense under this section, the
court may make such order as will best provide for the support,
as far as may be necessary, of the abandoned spouse or child, or
both, from the property or labor of the defendant. If the court
requires the payment of child support, the amount of the payments
shall be determined as provided in G.S. 50-13.4(c). For child
support orders initially entered on or after January 1, 1994, the
immediate income withholding provisions of G.S. 110-136.5(c1)
shall apply.
(f) A first offense under this section is a Class 2
misdemeanor. A second or subsequent offense is a Class 1
misdemeanor. (1868-9, c. 209, s. 1; 1873-4, c. 176, s. 10; 1879,
c. 92; Code, s. 970; Rev., s. 3355; C.S., s. 4447; 1925, c. 290;
1949, c. 810; 1957, c. 369; 1969, c. 1045, s. 1; 1981, c. 683, s.
1; 1989, c. 529, s. 4; 1993, c. 517, s. 3, c. 539, ss. 225, 226;
1994, Ex. Sess., c. 24, s. 14(c).)
§14-322.1. Abandonment of child or children for six
months.
Any man or woman who, without just cause or provocation,
willfully abandons his or her child or children for six months
and who willfully fails or refuses to provide adequate means of
support for his or her child or children during the six months'
period, and who attempts to conceal his or her whereabouts from
his or her child or children with the intent of escaping his
lawful obligation for the support of said child or children,
shall be punished as a Class I felon. (1963, c. 1227; 1979, c.
760, s. 5; 1983, c. 653, s. 2.)
§14-322.2. Repealed by Session Laws 1979, c. 838, s. 28.
§§14-323 to 14-325. Repealed by Session Laws 1981, c. 683,
s. 3, effective July 1, 1981.
§14-325.1. When offense of failure to support child deemed
committed in State.
The offense of willful neglect or refusal of a parent to
support and maintain a child, and the offense of willful neglect
or refusal to support and maintain one's illegitimate child,
shall be deemed to have been committed in the State of North
Carolina whenever the child is living in North Carolina at the
time of such willful neglect or refusal to support and maintain
such child. (1953, c. 677; 1981, c. 683, s. 2.)
§14-326. Repealed by Session Laws 1981, c. 683, s. 3,
effective July 1, 1981.
§ 14-326.1. Parents; failure to support.
If any person being of full age, and having sufficient
income after reasonably providing for his or her own immediate
family shall, without reasonable cause, neglect to maintain and
support his or her parent or parents, if such parent or parents
be sick or not able to work and have not sufficient means or
ability to maintain or support themselves, such person shall be
deemed guilty of a Class 2 misdemeanor; upon conviction of a
second or subsequent offense such person shall be guilty of a
Class 1 misdemeanor.
If there be more than one person bound under the provisions
of the next preceding paragraph to support the same parent or
parents, they shall share equitably in the discharge of such
duty. (1955, c. 1099; 1969, c. 1045, s. 3; 1993, c. 539, s. 227;
1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 41.
Alcoholic Beverages.
§§ 14-327, 14-328: Repealed by Session Laws 1971,
c. 872, s. 3.
§ 14-329. Manufacturing, trafficking in,
transporting, or possessing poisonous alcoholic beverages.
(a) Any person who, either individually or as an agent for
any person, firm or corporation, shall manufacture for use as a
beverage, any spirituous liquor which is found to contain any
foreign properties or ingredients poisonous to the human system,
shall be punished as a Class H felon.
(b) Any person who, either individually or as agent for any
person, firm or corporation, shall, knowing or having reasonable
grounds to know of the poisonous qualities thereof, transport for
other than personal use, sell or possess for purpose of sale, for
use as a beverage, any spirituous liquor which is found to
contain any foreign properties or ingredients poisonous to the
human system, shall be punished as a Class F felon.
(c) Any person who, either individually or as agent for any
person, firm or corporation, shall transport for other than
personal use, sell or possess for purpose of sale, any spirituous
liquor to be used as a beverage which is found to contain any
foreign properties or ingredients poisonous to the human system,
shall be guilty of a Class 2 misdemeanor. In prosecutions under
this subsection and under subsection (b) above, proof of
transportation of more than one gallon of spirituous liquor will
be prima facie evidence of transportation for other than
personal use, and proof of possession of more than one gallon of
spirituous liquor will be prima facie evidence of
possession for purpose of sale.
(d) Any person who, either individually or as agent for any
person, firm or corporation, shall transport or possess, for use
as a beverage, any illicit spirituous liquor which is found to
contain any foreign properties or ingredients poisonous to the
human system, shall be guilty of a Class 1 misdemeanor:
Provided, anyone charged under this subsection may show as a
complete defense that the spirituous liquor in question was
legally obtained and possessed and that he had no knowledge of
the poisonous nature of the beverage. (1873-4, c. 180, ss. 1, 2;
Code, s. 983; Rev., s. 3522; C.S., s. 4453; 1961, c. 897; 1979,
c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1,
c. 179, s. 14; 1993, c. 539, ss. 228, 229, 1235; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§§14-330 to 14-332. Repealed by Session Laws 1971, c. 872,
s. 3.
ARTICLE 42.
Public Drunkenness.
§14-333. Repealed by Session Laws 1971, c. 872, s. 3.
§§14-334 to 14-335.1. Repealed by Session Laws 1977, 2nd
Session, c. 1134, s. 6.
ARTICLE 43.
Vagrants and Tramps.
§14-336. Repealed by Session Laws 1983, c. 17, s. 1,
effective February 17, 1983.
§14-337. Repealed by Session Laws 1973, c. 108, s. 13.
§§14-338, 14-339. Repealed by Session Laws 1983, c. 17,
ss. 2, 3, effective February 17, 1983.
§14-340. Repealed by Session Laws 1971, c. 700.
§14-341. Repealed by Session Laws 1971, c. 699.
ARTICLE 44.
Regulation of Sales.
§ 14-342. Selling or offering to sell meat of
diseased animals.
If any person shall knowingly and willfully slaughter any
diseased animal and sell or offer for sale any of the meat of
such diseased animal for human consumption, or if any person
knows that the meat offered for sale or sold for human
consumption by him is that of a diseased animal, he shall be
guilty of a Class 1 misdemeanor. (1905, c. 303; Rev., s. 3442;
C.S., s. 4465; 1993, c. 539, s. 230; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-343. Unauthorized dealing in railroad
tickets.
If any person shall sell or deal in tickets issued by any
railroad company, unless he is a duly authorized agent of the
railroad company, or shall refuse upon demand to exhibit his
authority to sell or deal in such tickets, he shall be guilty of
a Class 2 misdemeanor. (1895, c. 83, s. 1; Rev., s. 3764; C.S.,
s. 4466; 1969, c. 1224, s. 1; 1993, c. 539, s. 231; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-344. Sale of admission tickets in excess
of printed price.
Any person, firm, or corporation shall be allowed to add a
reasonable service fee to the face value of the tickets sold, and
the person, firm, or corporation which sells or resells such
tickets shall not be permitted to recoup funds greater than the
combined face value of the ticket, tax, and the authorized
service fee. This service fee may not exceed three dollars
($3.00) for each ticket except that a promoter or operator of the
property where the event is to be held and a ticket sales agency
may agree in writing on a reasonable service fee greater than
three dollars ($3.00) for the first sale of tickets by the ticket
sales agent. This service fee may be a pre-established amount
per ticket or a percentage of each ticket. The existence of the
service fee shall be made known to the public by printing or
writing the amount of the fee on the tickets which are printed
for the event. Any person, firm or corporation which sells or
offers to sell a ticket for a price greater than the price
permitted by this section shall be guilty of a Class 2
misdemeanor. (1941, c. 180; 1969, c. 1224, s. 8; 1977, c. 9;
1979, c. 909; 1981, c. 36; 1985, c. 434; 1991, c. 165; 1993, c.
539, s. 232; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-345: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(16).
§ 14-346. Sale of convict-made goods
prohibited.
(a) It shall be unlawful to sell or to offer for sale
anywhere within the State of North Carolina any articles or
commodities manufactured or produced, wholly or in part, in this
State or elsewhere by convicts or prisoners, except
(1) Articles or commodities manufactured or
produced by convicts on probation or parole or prisoners released
part time for regular employment in the free community, and
(2) Products of agricultural or forestry
enterprises or quarrying or mining operations in which inmates of
any penal or correctional institution of this State are employed,
and
(3) Articles and commodities manufactured or
produced in any penal or correctional institution of this State
for sale to departments, institutions, and agencies supported in
whole or in part by the State, or to any political subdivision of
this State, for the use of these departments, institutions,
agencies, and political subdivisions of the State and not for
resale, and
(4) Articles of handicraft made by the inmates of
any penal or correctional institution of this State during their
leisure hours and with their own materials.
(b) Any person, firm or corporation selling, undertaking to
sell, or offering for sale any prison-made or convict-made goods,
wares or merchandise, anywhere within the State, in violation of
the provisions of this section, shall be guilty of a Class 2
misdemeanor. Each sale or offer to sell, in violation of the
provisions of this section, shall constitute a separate offense.
(1933, c. 146, ss. 1-4; 1959, c. 170, s. 1; 1969, c. 1224, s. 4;
1993, c. 539, s. 233; 1994, Ex. Sess., c. 24, s. 14(c).)
§§ 14-346.1, 14-346.2: Repealed by Session Laws
1994, Ex. Sess., c. 14, s. 72(17), (18).
ARTICLE 45.
Regulation of Employer and Employee.
§ 14-347: Repealed by Session Laws 1971, c. 350.
§14-348. Repealed by Session Laws 1971, c. 701.
§14-349. Repealed by Session Laws 1971, c. 351.
§14-350. Repealed by Session Laws 1971, c. 352.
§14-351. Repealed by Session Laws 1971, c. 353.
§14-352. Repealed by Session Laws 1971, c. 354.
§ 14-353. Influencing agents and servants in
violating duties owed employers.
Any person who gives, offers or promises to an agent,
employee or servant any gift or gratuity whatever with intent to
influence his action in relation to his principal's, employer's
or master's business; any agent, employee or servant who requests
or accepts a gift or gratuity or a promise to make a gift or to
do an act beneficial to himself, under an agreement or with an
understanding that he shall act in any particular manner in
relation to his principal's, employer's or master's business; any
agent, employee or servant who, being authorized to procure
materials, supplies or other articles either by purchase or
contract for his principal, employer or master, or to employ
service or labor for his principal, employer or master, receives,
directly or indirectly, for himself or for another, a commission,
discount or bonus from the person who makes such sale or
contract, or furnishes such materials, supplies or other
articles, or from a person who renders such service or labor; and
any person who gives or offers such an agent, employee or servant
such commission, discount or bonus, shall be guilty of a Class 2
misdemeanor. (1913, c. 190, s. 1; C.S., s. 4475; 1969, c. 1224,
s. 6; 1993, c. 539, s. 234; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-354. Witness required to give self-incriminating evidence;
no suit or prosecution to be founded thereon.
No person shall be excused from attending, testifying or
producing books, papers, contracts, agreements and other
documents before any court, or in obedience to the subpoena of
any court, having jurisdiction of the crime denounced in G.S.
14-353, on the ground or for the reason that the testimony or
evidence, documentary or otherwise, required of him may tend to
incriminate him or to subject him to a penalty or to a
forfeiture; but no person shall be liable to any suit or
prosecution, civil or criminal, for or on account of any
transaction, matter or thing concerning which he may testify or
produce evidence, documentary or otherwise, before such court or
in obedience to its subpoena or in any such case or proceeding:
Provided, that no person so testifying or producing any such
books, papers, contracts, agreements or other documents shall be
exempted from prosecution and punishment for perjury committed in
so testifying. (1913, c. 190, s. 2; C.S., s. 4476.)
§ 14-355. Blacklisting employees.
If any person, agent, company or corporation, after having
discharged any employee from his or its service, shall prevent or
attempt to prevent, by word or writing of any kind, such
discharged employee from obtaining employment with any other
person, company or corporation, such person, agent or corporation
shall be guilty of a Class 3 misdemeanor and shall be punished by
a fine not exceeding five hundred dollars ($500.00); and such
person, agent, company or corporation shall be liable in penal
damages to such discharged person, to be recovered by civil
action. This section shall not be construed as prohibiting any
person or agent of any company or corporation from furnishing in
writing, upon request, any other person, company or corporation
to whom such discharged person or employee has applied for
employment, a truthful statement of the reason for such
discharge. (1909, c. 858, s. 1; C.S., s. 4477; 1993, c. 539, s.
235; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-356: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 767, s. 30(16).
§ 14-357: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(19).
§14-357.1. Requiring payment for medical examination, etc., as
condition of employment.
(a) It shall be unlawful for any employer, as defined in
subsection (b) of this section, to require any applicant for
employment, as defined in subsection (c), to pay the cost of a
medical examination or the cost of furnishing any records
required by the employer as a condition of the initial act of
hiring.
(b) The term "employer" as used in this section shall mean
and include an individual, a partnership, an association, a
corporation, a legal representative, trustee, receiver, trustee
in bankruptcy, and any common carrier by rail, motor, water, air,
or express company, doing business in or operating within the
State.
Provided that this section shall not apply to any employer
as defined in this subsection who employs less than 25 employees.
(c) The term "applicant for employment" shall mean and
include any person who seeks to be permitted, required or
directed by any employer, as defined in subsection (b) hereof, in
consideration of direct or indirect gain or profit, to engage in
employment.
(d) Any employer who violates the provisions of this section
shall be liable to a fine of not more than one hundred dollars
($100.00) for each and every violation. It shall be the duty of
the Commissioner of Labor to enforce this section. (1951, c.
1094.)
ARTICLE 46.
Regulation of Landlord and Tenant.
§ 14-358. Local: Violation of certain contracts
between landlord and tenant.
If any tenant or cropper shall procure advances from his
landlord to enable him to make a crop on the land rented by him,
and then willfully abandon the same without good cause and before
paying for such advances with intent to defraud the landlord; or
if any landlord shall contract with a tenant or cropper to
furnish him advances to enable him to make a crop, and shall
willfully fail or refuse, without good cause, to furnish such
advances according to his agreement with intent to defraud the
tenant, he shall be guilty of a Class 3 misdemeanor. Any person
employing a tenant or cropper who has violated the provisions of
this section, with knowledge of such violation, shall be liable
to the landlord furnishing such advances for the amount thereof,
and shall also be guilty of a Class 3 misdemeanor. This section
shall apply to the following counties only: Alamance, Alexander,
Beaufort, Bertie, Bladen, Cabarrus, Camden, Caswell, Chowan,
Cleveland, Columbus, Craven, Cumberland, Currituck, Duplin,
Edgecombe, Gaston, Gates, Greene, Halifax, Harnett, Hertford,
Johnston, Jones, Lee, Lenoir, Lincoln, Martin, Mecklenburg,
Montgomery, Nash, Northampton, Onslow, Pamlico, Pender,
Perquimans, Person, Pitt, Randolph, Robeson, Rockingham, Rowan,
Rutherford, Sampson, Stokes, Surry, Tyrrell, Vance, Wake, Warren,
Washington, Wayne, Wilson and Yadkin. (1905, cc. 297, 383, 445,
820; Rev., s. 3366; 1907, c. 8; c. 84, s. 1; c. 595, s. 1; cc.
639, 719, 869; Pub. Loc. 1915, c. 18; C.S., s. 4480; Ex. Sess.
1920, c. 26; 1925, c. 285, s. 2; Pub. Loc. 1925, c. 211; Pub.
Loc. 1927, c. 614; 1931, c. 136, s. 1; 1945, c. 635; 1953, c.
474; 1983, c. 623; 1993, c. 539, s. 237; 1994, Ex. Sess., c. 24,
s. 14(c).)
§ 14-359. Local: Tenant neglecting crop;
landlord failing to make advances; harboring or employing
delinquent tenant.
If any tenant or cropper shall procure advances from his
landlord to enable him to make a crop on the land rented by him,
and then willfully refuse to cultivate such crops or negligently
or willfully abandon the same without good cause and before
paying for such advances with intent to defraud the landlord; or
if any landlord who induces another to become tenant or cropper
by agreeing to furnish him advances to enable him to make a crop,
shall willfully fail or refuse without good cause to furnish such
advances according to his agreement with intent to defraud the
tenant, or if any person shall entice, persuade or procure any
tenant, lessee or cropper, who has made a contract agreeing to
cultivate the land of another, to abandon or to refuse or fail to
cultivate such land with intent to defraud the landlord, or after
notice shall harbor or detain on his own premises, or on the
premises of another, any such tenant, lessee or cropper, he shall
be guilty of a Class 3 misdemeanor. Any person who employs a
tenant or cropper who has violated the provisions of this
section, with knowledge of such violation, shall be liable to the
landlord furnishing such advances, for the amount thereof. This
section shall apply only to the following counties: Alamance,
Anson, Cabarrus, Caswell, Davidson, Franklin, Granville, Halifax,
Harnett, Hertford, Hoke, Hyde, Lee, Lincoln, Moore, Person,
Randolph, Richmond, Rockingham, Rowan, Rutherford, Sampson,
Stanly, Stokes, Union, Vance, Wake and Washington. (1905, c. 299,
ss. 1-7; Rev., s. 3367; 1907, c. 84, s. 2; c. 238, s. 1; c. 543;
c. 595, s. 2; c. 810; C.S., s. 4481; Ex. Sess. 1920, cc. 20, 26;
1923, c. 32; 1925, c. 285, s. 3; Pub. Loc. 1927, c. 614; 1929, c.
5, s. 1; 1931, c. 44; c. 136, s. 2; 1939, c. 95; 1945, c. 635;
1949, c. 83; 1951, c. 615; 1993, c. 539, s. 238; 1994, Ex. Sess.,
c. 24, s. 14(c).)
ARTICLE 47.
Cruelty to Animals.
§ 14-360. Cruelty to animals; construction of
section.
(a) If any person shall intentionally overdrive, overload,
wound, injure, torment, kill, or deprive of necessary sustenance,
or cause or procure to be overdriven, overloaded, wounded,
injured, tormented, killed, or deprived of necessary sustenance,
any animal, every such offender shall for every such offense be
guilty of a Class 1 misdemeanor.
(b) If any person shall maliciously torture, mutilate,
maim, cruelly beat, disfigure, poison, or kill, or cause or
procure to be tortured, mutilated, maimed, cruelly beaten,
disfigured, poisoned, or killed, any animal, every such offender
shall for every such offense be guilty of a Class I felony.
However, nothing in this section shall be construed to increase
the penalty for cockfighting provided for in G.S. 14-362.
(c) As used in this section, the words "torture",
"torment", and "cruelly" include or refer to any act, omission,
or neglect causing or permitting unjustifiable pain, suffering,
or death. As used in this section, the word "intentionally"
refers to an act committed knowingly and without justifiable
excuse, while the word "maliciously" means an act committed
intentionally and with malice or bad motive. As used in this
section, the term "animal" includes every living vertebrate in
the classes Amphibia, Reptilia, Aves, and Mammalia except human
beings. However, this section shall not apply to the following
activities:
(1) The lawful taking of animals under the
jurisdiction and regulation of the Wildlife Resources Commission,
except that this section shall apply to those birds exempted by
the Wildlife Resources Commission from its definition of "wild
birds" pursuant to G.S. 113-129(15a).
(2) Lawful activities conducted for purposes of
biomedical research or training or for purposes of production of
livestock, poultry, or aquatic species.
(2a) Lawful activities conducted for the primary
purpose of providing food for human or animal consumption.
(3) Activities conducted for lawful veterinary
purposes.
(4) The lawful destruction of any animal for the
purposes of protecting the public, other animals, property, or
the public health. (1881, c. 34, s. 1; c. 368, ss. 1, 15; Code,
ss. 2482, 2490; 1891, c. 65; Rev., s. 3299; 1907, c. 42; C.S., s.
4483; 1969, c. 1224, s. 2; 1979, c. 641; 1985 (Reg. Sess., 1986),
c. 967, s. 1; 1989, c. 670, s. 1; 1993, c. 539, s. 239; 1994, Ex.
Sess., c. 24, s. 14(c); 1998-212, s. 17.16(c); 1999-209, s. 8.)
§ 14-361. Instigating or promoting cruelty to
animals.
If any person shall willfully set on foot, or instigate, or
move to, carry on, or promote, or engage in, or do any act
towards the furtherance of any act of cruelty to any animal, he
shall be guilty of a Class 1 misdemeanor. (1881, c. 368, s. 6;
Code, s. 2487; 1891, c. 65; Rev., s. 3300; C.S., s. 4484; 1953,
c. 857, s. 1; 1969, c. 1224, s. 3; 1985 (Reg. Sess., 1986), c.
967, s. 1; 1989, c. 670, s. 2; 1993, c. 539, s. 240; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-361.1. Abandonment of animals.
Any person being the owner or possessor, or having charge or
custody of an animal, who willfully and without justifiable
excuse abandons the animal is guilty of a Class 2 misdemeanor.
(1979, c. 687; 1985 (Reg. Sess., 1986), c. 967, s. 2; 1989, c.
670, s. 3; 1993, c. 539, s. 241; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-362. Cock fighting.
A person who instigates, promotes, conducts, is employed at,
allows property under his ownership or control to be used for,
participates as a spectator at, or profits from an exhibition
featuring the fighting of a cock is guilty of a Class 2
misdemeanor. A lease of property that is used or is intended to
be used for an exhibition featuring the fighting of a cock is
void, and a lessor who knows this use is made or is intended to
be made of his property is under a duty to evict the lessee
immediately. (1881, c. 368, s. 2; Code, s. 2483; 1891, c. 65;
Rev., s. 3301; C.S., s. 4485; 1953, c. 857, s. 2; 1969, c. 1224,
s. 3; 1985 (Reg. Sess., 1986), c. 967, s. 3; 1993, c. 539, s.
242; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-362.1. Animal fights and baiting, other
than cock fights, dog fights and dog baiting.
(a) A person who instigates, promotes, conducts, is
employed at, provides an animal for, allows property under his
ownership or control to be used for, or profits from an
exhibition featuring the fighting or baiting of an animal, other
than a cock or a dog, is guilty of a Class 2 misdemeanor. A lease
of property that is used or is intended to be used for an
exhibition featuring the fighting or baiting of an animal, other
than a cock or a dog, is void, and a lessor who knows this use is
made or is intended to be made of his property is under a duty to
evict the lessee immediately.
(b) A person who owns, possesses, or trains an animal,
other than a cock or a dog, with the intent that the animal be
used in an exhibition featuring the fighting or baiting of that
animal or any other animal is guilty of a Class 2 misdemeanor.
(c) A person who participates as a spectator at an
exhibition featuring the fighting or baiting of an animal, other
than a cock or a dog, is guilty of a Class 2 misdemeanor.
(d) A person who commits an offense under subsection (a)
within three years after being convicted of an offense under this
section is guilty of a Class I felony.
(e) This section does not prohibit the lawful taking or
training of animals under the jurisdiction and regulation of the
Wildlife Resources Commission. (1985 (Reg. Sess., 1986), c. 967,
s. 5; 1993, c. 539, ss. 243, 1236; 1994, Ex. Sess., c. 24, s.
14(c); 1997-78, s. 2.)
§ 14-362.2. Dog fighting and baiting.
(a) A person who instigates, promotes, conducts, is
employed at, provides a dog for, allows property under his
ownership or control to be used for, gambles on, or profits from
an exhibition featuring the fighting or baiting of a dog is
guilty of a Class H felony. A lease of property that is used or
is intended to be used for an exhibition featuring the fighting
or baiting of a dog is void, and a lessor who knows this use is
made or is intended to be made of his property is under a duty to
evict the lessee immediately.
(b) A person who owns, possesses, or trains a dog with the
intent that the dog be used in an exhibition featuring the
fighting or baiting of that dog is guilty of a Class H felony.
(c) A person who participates as a spectator at an
exhibition featuring the fighting or baiting of a dog is guilty
of a Class H felony. (1997-78, s. 1.)
§ 14-363. Conveying animals in a cruel
manner.
If any person shall carry or cause to be carried in or upon
any vehicle or other conveyance, any animal in a cruel or inhuman
manner, he shall be guilty of a Class 1 misdemeanor. Whenever an
offender shall be taken into custody therefor by any officer, the
officer may take charge of such vehicle or other conveyance and
its contents, and deposit the same in some safe place of custody.
The necessary expenses which may be incurred for taking charge of
and keeping and sustaining the vehicle or other conveyance shall
be a lien thereon, to be paid before the same can be lawfully
reclaimed; or the said expenses, or any part thereof remaining
unpaid, may be recovered by the person incurring the same of the
owner of such animal in an action therefor. (1881, c. 368, s. 5;
Code, s. 2486; 1891, c. 65; Rev., s. 3302; C.S., s. 4486; 1953,
c. 857, s. 3; 1969, c. 1224, s. 4; 1985 (Reg. Sess., 1986), c.
967, s. 1; 1989, c. 670, s. 4; 1993, c. 539, s. 244; 1994, Ex.
Sess., c. 24, s. 14(c).)
§ 14-363.1. Living baby chicks or other fowl,
or rabbits under eight weeks of age; disposing of as pets or
novelties forbidden.
If any person, firm or corporation shall sell, or offer for
sale, barter or give away as premiums living baby chicks,
ducklings, or other fowl or rabbits under eight weeks of age as
pets or novelties, such person, firm or corporation shall be
guilty of a Class 3 misdemeanor. Provided, that nothing
contained in this section shall be construed to prohibit the sale
of nondomesticated species of chicks, ducklings, or other fowl,
or of other fowl from proper brooder facilities by hatcheries or
stores engaged in the business of selling them for purposes other
than for pets or novelties. (1973, c. 466, s. 1; 1985 (Reg.
Sess., 1986), c. 967, s. 4; 1993, c. 539, s. 245; 1994, Ex.
Sess., c. 24, s. 14(c).)
§14-363.2. Confiscation of cruelly treated animals.
Conviction of any offense contained in this Article may
result in confiscation of cruelly treated animals belonging to
the accused and it shall be proper for the court in its
discretion to order a final determination of the custody of the
confiscated animals. (1979, c. 640.)
ARTICLE 48.
Animal Diseases.
§14-364. Repealed by Session Laws 1945, c. 635.
ARTICLE 49.
Protection of Livestock Running at Large.
§14-365. Repealed by Session Laws 1971, c. 110.
§ 14-366. Molesting or injuring livestock.
If any person shall unlawfully and on purpose drive any
livestock, lawfully running at large in the range, from said
range, or shall kill, maim or injure any livestock, lawfully
running at large in the range or in the field or pasture of the
owner, whether done with actual intent to injure the owner, or to
drive the stock from the range, or with any other unlawful
intent, every such person, his counselors, aiders, and abettors,
shall be guilty of a Class 2 misdemeanor: provided, that nothing
herein contained shall prohibit any person from driving out of
the range any stock unlawfully brought from other states or
places. In any indictment under this section it shall not be
necessary to name in the bill or prove on the trial the owner of
the stock molested, maimed, killed or injured. Any person
violating any provision of this section shall be guilty of a
Class 2 misdemeanor. (1850, c. 94, ss. 1, 2; R.C., c. 34, s. 104;
Code, s. 1002; 1885, c. 383; 1887, c. 368; 1895, c. 190; Rev., s.
3314; C.S., s. 4494; 1969, c. 1224, s. 9; 1993, c. 539, s. 246;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-367. Altering the brands of and
misbranding another's livestock.
If any person shall knowingly alter or deface the mark or
brand of any other person's horse, mule, ass, neat cattle, sheep,
goat, or hog, or shall knowingly mismark or brand any such beast
that may be unbranded or unmarked, not properly his own, with
intent to defraud any other person, the person so offending shall
be guilty of a Class H felony. (1797, c. 485, s. 2, P.R.; R.C.,
c. 34, s. 57; Code, s. 1001; Rev., s. 3317; C.S., s. 4495; 1993,
c. 539, s. 1237; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-368. Placing poisonous shrubs and
vegetables in public places.
If any person shall throw into or leave exposed in any
public square, street, lane, alley or open lot in any city, town
or village, or in any public road, any mock orange or other
poisonous shrub, plant, tree or vegetable, he shall be liable in
damages to any person injured thereby and shall also be guilty of
a Class 2 misdemeanor. (1887, c. 338; Rev., s. 3318; C.S., s.
4496; 1969, c. 1224, s. 3; 1993, c. 539, s. 247; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 14-369: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(20).
ARTICLE 50.
Protection of Letters, Telegrams, and Telephone Messages.
§ 14-370. Wrongfully obtaining or divulging
knowledge of telephonic messages.
If any person wrongfully obtains, or attempts to obtain, any
knowledge of a telephonic message by connivance with a clerk,
operator, messenger or other employee of a telephone company, or,
being such clerk, operator, messenger or employee, willfully
divulges to any but the person for whom it was intended, the
contents of a telephonic message or dispatch intrusted to him for
transmission or delivery, or the nature thereof, he shall be
guilty of a Class 2 misdemeanor. (1903, c. 599; Rev., s. 3848;
C.S., s. 4497; 1993, c. 539, s. 248; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-371. Violating privacy of telegraphic
messages; failure to transmit and deliver same promptly.
If any person wrongfully obtains, or attempts to obtain, any
knowledge of a telegraphic message by connivance with a clerk,
operator, messenger, or other employee of a telegraph company,
or, being such clerk, operator, messenger, or other employee,
willfully divulges to any but the person for whom it was
intended, the contents of a telegraphic message or dispatch
intrusted to him for transmission or delivery, or the nature
thereof, or willfully refuse or neglect duly to transmit or
deliver the same, he shall be guilty of a Class 2 misdemeanor.
(1889, c. 41, s. 1; Rev., s. 3846; C.S., s. 4498; 1993, c. 539,
s. 249; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-372. Unauthorized opening, reading or
publishing of sealed letters and telegrams.
If any person shall willfully, and without authority, open
or read, or cause to be opened or read, a sealed letter or
telegram, or shall publish the whole or any portion of such
letter or telegram, knowing it to have been opened or read
without authority, he shall be guilty of a Class 2 misdemeanor.
(1889, c. 41, s. 2; Rev., s. 3728; C.S., s. 4499; 1993, c. 539,
s. 250; 1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 51.
Protection of Athletic Contests.
§ 14-373. Bribery of players, managers,
coaches, referees, umpires or officials.
If any person shall bribe or offer to bribe or shall aid,
advise, or abet in any way another in such bribe or offer to
bribe, any player or participant in any athletic contest with
intent to influence his play, action, or conduct and for the
purpose of inducing the player or participant to lose or try to
lose or cause to be lost any athletic contest or to limit or try
to limit the margin of victory or defeat in such contest; or if
any person shall bribe or offer to bribe or shall aid, advise, or
abet in any way another in such bribe or offer to bribe, any
referee, umpire, manager, coach, or any other official or an
athletic club or team, league, association, institution or
conference, by whatever name called connected with said athletic
contest with intent to influence his decision or bias his opinion
or judgment for the purpose of losing or trying to lose or
causing to be lost said athletic contest or of limiting or trying
to limit the margin of victory or defeat in such contest, such
person shall be punished as a Class I felon. (1921, c. 23, s. 1;
C.S., s. 4499(a); 1951, c. 364, s. 1; 1961, c. 1054, s. 1; 1979,
c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1,
c. 179, s. 14; 1993, c. 539, s. 1238; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-374. Acceptance of bribes by players,
managers, coaches, referees, umpires or officials.
If any player or participant in any athletic contest shall
accept, or agree to accept, a bribe given for the purpose of
inducing the player or participant to lose or try to lose or
cause to be lost or limit or try to limit the margin of victory
or defeat in such contest; or if any referee, umpire, manager,
coach, or any other official of an athletic club, team, league,
association, institution, or conference connected with an
athletic contest shall accept or agree to accept a bribe given
with the intent to influence his decision or bias his opinion or
judgment and for the purpose of losing or trying to lose or
causing to be lost said athletic contest or of limiting or trying
to limit the margin of victory or defeat in such contest, such
person shall be punished as a Class I felon. (1921, c. 23, s. 2;
C.S., s. 4499(b); 1951, c. 364, s. 2; 1961, c. 1054, s. 2; 1979,
c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1,
c. 179, s. 14; 1993, c. 539, s. 1239; 1994, Ex. Sess., c. 24, s.
14(c).)
§14-375. Completion of offenses set out in §§ 14-373 and
14-374.
To complete the offenses mentioned in G.S. 14-373 and 14-
374, it shall not be necessary that the player, manager, coach,
referee, umpire, or official shall, at the time, have been
actually employed, selected, or appointed to perform his
respective duties; it shall be sufficient if the bribe be
offered, accepted, or agreed to with the view of probable
employment, selection, or appointment of the person to whom the
bribe is offered or by whom it is accepted. It shall not be
necessary that such player, referee, umpire, manager, coach, or
other official actually play or participate in any athletic
contest, concerning which said bribe is offered or accepted; it
shall be sufficient if the bribe be given, offered, or accepted
in view of his or their possibly participating therein. (1921, c.
23, s. 3; C.S., s. 4499(c); 1951, c. 364, s. 3; 1961, c. 1054, s.
3.)
§14-376. Bribe defined.
By a "bribe," as used in this article, is meant any gift,
emolument, money or thing of value, testimonial, privilege,
appointment or personal advantage, or in the promise of either,
bestowed or promised for the purpose of influencing, directly or
indirectly, any player, referee, manager, coach, umpire, club or
league official, to see which game an admission fee may be
charged, or in which athletic contest any player, manager, coach,
umpire, referee, or other official is paid any compensation for
his services. Said bribe as defined in this article need not be
direct; it may be such as is hidden under the semblance of a
sale, bet, wager, payment of a debt, or in any other manner
defined to cover the true intention of the parties. (1921, c. 23,
s. 4; C.S., s. 4499(d); 1951, c. 364, s. 4; 1961, c. 1054, s. 4.)
§ 14-377. Intentional losing of athletic
contest or limiting margin of victory or defeat.
If any player or participant shall commit any willful act of
omission or commission, in playing of an athletic contest, with
intent to lose or try to lose or to cause to be lost or to limit
or try to limit the margin of victory or defeat in such contest
for the purpose of material gain to himself, or if any referees,
umpire, manager, coach, or other official of an athletic club,
team, league, association, institution or conference connected
with an athletic contest shall commit any willful act of omission
or commission connected with his official duties with intent to
try to lose or to cause to be lost or to limit or try to limit
the margin of victory or defeat in such contest for the purpose
of material gain to himself, such person shall be punished as a
Class I felon. (1921, c. 23, s. 5; C.S., s. 4499(e); 1951, c.
364, s. 5; 1961, c. 1054, s. 5; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.
539, s. 1240; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-378. Venue.
In all prosecutions under this Article, the venue may be
laid in any county where the bribe herein referred to was given,
offered, or accepted, or in which the athletic contest was
carried on in relation to which the bribe was offered, given, or
accepted, or the acts referred to in G.S. 14-377 were committed.
(1921, c. 23, s. 6; C.S., s. 4606(c); 1951, c. 364, s. 6.)
§14-379. Bonus or extra compensation not forbidden.
Nothing in this Article shall be construed to prohibit the
giving or offering of any bonus or extra compensation to any
manager, coach, or professional player, or to any league,
association, or conference for the purpose of encouraging such
manager, coach, or player to a higher degree of skill, ability,
or diligence in the performance of his duties. (1921, c. 23, s.
7; C.S., s. 4499(f); 1951, c. 364, s. 7; 1961, c. 1054, s. 6.)
§14-380. Repealed by Session Laws 1951, c. 364, s. 8.
ARTICLE 51A.
Protection of Horse Shows.
§ 14-380.1. Bribery of horse show judges or
officials.
Any person who bribes, or offers to bribe, any judge or
other official in any horse show, with intent to influence his
decision or judgment concerning said horse show, shall be guilty
of a Class 2 misdemeanor. (1963, c. 1100, s. 1; 1969, c. 1224, s.
1; 1993, c. 539, s. 251; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-380.2. Bribery attempts to be
reported.
Any judge or other official of any horse show shall report
to the resident superior court district attorney any attempt to
bribe him with respect to his decisions in any horse show, and a
failure to so report shall constitute a Class 2 misdemeanor.
(1963, c. 1100, s. 2; 1969, c. 1224, s. 1; 1973, c. 47, s. 2;
1993, c. 539, s. 252; 1994, Ex. Sess., c. 24, s. 14(c.)
§14-380.3. Bribe defined.
The word "bribe," as used in this Article, shall have the
same meaning as set forth in G.S. 14-376, in relation to athletic
contests. (1963, c. 1100, s. 3.)
§14-380.4. Printing Article in horse show schedules.
The provisions of this Article shall be printed on all
schedules for any horse show held prior to January 1, 1965.
(1963, c. 1100, s. 4.)
ARTICLE 52.
Miscellaneous Police Regulations.
§ 14-381. Desecration of State and United
States flag.
It shall be unlawful for any person willfully and knowingly
to cast contempt upon any flag of the United States or upon any
flag of North Carolina by public acts of physical contact
including, but not limited to, mutilation, defiling, defacing or
trampling. Any person violating this section shall be deemed
guilty of a Class 2 misdemeanor.
The flag of the United States, as used in this section,
shall be the same as defined in 4 U.S.C.A. 1 and 4 U.S.C.A. 2.
The flag of North Carolina, as used in this section, shall be the
same as defined in G.S. 144-1. (1917, c. 271; C.S., s. 4500;
1971, c. 295; 1993, c. 539, s. 253; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-382. Pollution of water on lands used for
dairy purposes.
It shall be unlawful for any person, firm, or corporation
owning lands adjoining the lands of any person, firm, or
corporation which are or may be used for dairy purposes or for
grazing milk cows, to dispose of or permit disposal of any
animal, mineral, chemical, or vegetable refuse, sewage or other
deleterious matter in such way as to pollute the water on the
lands so used or which may be used for dairy purposes or for
grazing milk cows, or to render unfit or unsafe for use the milk
produced from cows feeding upon the grasses and herbage growing
on such lands. This section shall not apply to incorporated
towns maintaining a sewer system. Anyone violating the
provisions of this section shall be guilty of a Class 3
misdemeanor, and each day that such pollution is committed or
exists shall constitute a separate offense. (1919, c. 222; C.S.,
s. 4501; 1993, c. 539, s. 254; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-383. Cutting timber on town watershed
without disposing of boughs and debris; misdemeanor.
Any person, firm or corporation owning lands or the standing
timber on lands within 400 feet of any watershed held or owned by
any city or town, for the purpose of furnishing a city or town
water supply, upon cutting or removing the timber or permitting
the same cut or removed from lands so within 400 feet of said
watershed, or any part thereof, shall, within three months after
cutting, or earlier upon written notice by said city or town,
remove or cause to be burned under proper supervision all
treetops, boughs, laps and other portions of timber not desired
to be taken for commercial or other purposes, within 400 feet of
the boundary line of such part of such watershed as is held or
owned by such town or city, so as to leave such space of 400 feet
immediately adjoining the boundary line of such watershed, so
held or owned, free and clear of all such treetops, laps, boughs
and other inflammable material caused by or left from cutting
such standing timber, so as to prevent the spread of fire from
such cutover area and the consequent damage to such watershed.
Any such person, firm or corporation violating the provisions of
this section shall be guilty of a Class 2 misdemeanor. (1913, c.
56; C.S., s. 4502; 1969, c. 1224, s. 1; 1993, c. 539, s. 255;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-384. Injuring notices and
advertisements.
If any person shall wantonly or maliciously mutilate,
deface, pull or tear down, destroy or otherwise damage any
notice, sign or advertisement, unless immoral or obscene, whether
put up by an officer of the law in performance of the duties of
his office or by some other person for a lawful purpose, before
the object for which such notice, sign or advertisement was
posted shall have been accomplished, he shall be guilty of a
Class 3 misdemeanor. Nothing herein contained shall apply to any
person mutilating, defacing, pulling or tearing down, destroying
or otherwise damaging notices, signs or advertisements put upon
his own land or lands of which he may have charge or control,
unless consent of such person to put up such notice, sign or
advertisement shall have first been obtained, except those put up
by an officer of the law in the performance of the duties of his
office. (1885, c. 302; Rev., s. 3709; C.S., s. 4503; 1993, c.
539, s. 256; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-385. Defacing or destroying public notices
and advertisements.
If any person shall willfully and unlawfully deface, tear
down, remove or destroy any legal notice or advertisement
authorized by law to be posted by any officer or other person,
the same being actually posted at the time of such defacement,
tearing down, removal or destruction, during the time for which
such legal notice or advertisement shall be authorized by law to
be posted, he shall be guilty of a Class 3 misdemeanor. (1876-7,
c. 215; Code, s. 981; Rev., s. 3710; C.S., s. 4504; 1993, c. 539,
s. 257; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-386: Repealed by Session Laws 1994, Ex.
Sess., c. 14, s. 72(21).
§14-387. Repealed by Session Laws 1945, c. 635.
§14-388. Repealed by Session Laws 1943, c. 543.
§ 14-389: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 767, s. 30(17).
§§14-390, 14-390.1. Repealed by Session Laws 1969, c. 970,
s. 11.
§ 14-391. Usurious loans on household and
kitchen furniture or assignment of wages.
Any person, firm or corporation who shall lend money in any
manner whatsoever by note, chattel mortgage, conditional sale, or
purported conditional sale or otherwise, upon any article of
household or kitchen furniture, or any assignment of wages,
earned or to be earned, and shall willfully:
(1) Take, receive, reserve or charge a greater rate
of interest than permitted by law, either before or after the
interest may accrue; or
(2) Refuse to give receipts for payments on
interest or principal of such loan; or
(3) Fail or refuse to surrender the note and
security when the same is paid off or a new note and mortgage is
given in renewal, unless such new mortgage shall state the amount
still due by the old note or mortgage and that the new one is
given as additional security;
shall be guilty of a Class 1 misdemeanor and in addition thereto
shall be subject to the provisions of G.S. 24-2. (1907, c. 110;
C.S., s. 4509; 1927, c. 72; 1959, c. 195; 1977, c. 807; 1993, c.
539, s. 259; 1994, Ex. Sess., c. 24, s. 14(c).)
§§ 14-392 to 14-393: Repealed by Session
Laws 1989, c. 508, s. 4.
§ 14-394. Anonymous or threatening letters,
mailing or transmitting.
It shall be unlawful for any person, firm, or corporation,
or any association of persons in this State, under whatever name
styled, to write and transmit any letter, note, or writing,
whether written, printed, or drawn, without signing his, her,
their, or its true name thereto, threatening any person or
persons, firm or corporation, or officers thereof with any
personal injury or violence or destruction of property of such
individuals, firms, or corporations, or using therein any
language or threats of any kind or nature calculated to
intimidate or place in fear any such persons, firms or
corporations, or officers thereof, as to their personal safety or
the safety of their property, or using vulgar or obscene
language, or using such language which if published would bring
such persons into public contempt and disgrace, and any person,
firm, or corporation violating the provisions of this section
shall be guilty of a Class 1 misdemeanor. (1921, c. 112; C.S., s.
4511(a); 1993, c. 539, s. 260; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-395. Commercialization of American Legion
emblem; wearing by nonmembers.
It shall be unlawful for anyone not a member of the American
Legion, an organization consisting of ex-members of the army,
navy and marine corps, who served as members of such
organizations in the recent world war, to wear upon his or her
person the recognized emblem of the American Legion, or to use
the said emblem for advertising purposes, or to commercialize the
same in any way whatsoever; or to use the said emblem in display
upon his or her property or place of business, or at any place
whatsoever. Anyone violating the provisions of this section
shall be guilty of a Class 3 misdemeanor. (1923, c. 89; C.S., s.
4511(b); 1993, c. 539, s. 261; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-395.1. Sexual harassment.
(a) Offense. -- Any lessor of residential real property or
the agent of any lessor of residential real property who shall
harass on the basis of sex any lessee or prospective lessee of
the property shall be guilty of a Class 2 misdemeanor.
(b) Definitions. -- For purposes of this section:
(1) "Harass on the basis of sex" means unsolicited
overt requests or demands for sexual acts when (i) submission to
such conduct is made a term of the execution or continuation of
the lease agreement, or (ii) submission to or rejection of such
conduct by an individual is used to determine whether rights
under the lease are accorded;
(2) "Lessee" means a person who enters into a
residential rental agreement with the lessor and all other
persons residing in the lessee's rental unit; and
(3) "Prospective lessee" means a person seeking to
enter into a residential rental agreement with a lessor. (1989,
c. 712; 1993, c. 539, s. 262; 1994, Ex. Sess., c. 24, s. 14(c).)
§§ 14-396, 14-397: Repealed by Session Laws 1993
(Reg. Sess., 1994), c. 767, s. 30(18), (19).
§ 14-398. Theft or destruction of property of
public libraries, museums, etc.
Any person who shall steal or unlawfully take or detain, or
willfully or maliciously or wantonly write upon, cut, tear,
deface, disfigure, soil, obliterate, break or destroy, or who
shall sell or buy or receive, knowing the same to have been
stolen, any book, document, newspaper, periodical, map, chart,
picture, portrait, engraving, statue, coin, medal, apparatus,
specimen, or other work of literature or object of art or
curiosity deposited in a public library, gallery, museum,
collection, fair or exhibition, or in any department or office of
State or local government, or in a library, gallery, museum,
collection, or exhibition, belonging to any incorporated college
or university, or any incorporated institution devoted to
educational, scientific, literary, artistic, historical or
charitable purposes, shall, if the value of the property stolen,
detained, sold, bought or received knowing same to have been
stolen, or if the damage done by writing upon, cutting, tearing,
defacing, disfiguring, soiling, obliterating, breaking or
destroying any such property, shall not exceed fifty dollars
($50.00), be guilty of a Class 1 misdemeanor. If the value of
the property stolen, detained, sold or received knowing same to
have been stolen, or the amount of damage done in any of the ways
or manners hereinabove set out, shall exceed the sum of fifty
dollars ($50.00), the person committing same shall be punished as
a Class H felon. (1935, c. 300; 1943, c. 543; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s.
14; 1993, c. 539, s. 265; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-399. Littering.
(a) No person, including but not limited to, any firm,
organization, private corporation, or governing body, agents or
employees of any municipal corporation shall intentionally or
recklessly throw, scatter, spill or place or intentionally or
recklessly cause to be blown, scattered, spilled, thrown or
placed or otherwise dispose of any litter upon any public
property or private property not owned by him within this State
or in the waters of this State including, but not limited to, any
public highway, public park, lake, river, ocean, beach,
campground, forest land, recreational area, trailer park,
highway, road, street or alley except:
(1) When such property is designated by the State
or political subdivision thereof for the disposal of garbage and
refuse, and such person is authorized to use such property for
such purpose; or
(2) Into a litter receptacle in such a manner that
the litter will be prevented from being carried away or deposited
by the elements upon any part of such private or public property
or waters.
(b) When litter is blown, scattered, spilled, thrown or
placed from a vehicle or watercraft, the operator thereof shall
be presumed to have committed such offense. This presumption,
however, does not apply to a vehicle transporting agricultural
products or supplies when the litter from that vehicle is a
nontoxic, biodegradable agricultural product or supply.
(c) Any person who violates this section in an amount not
exceeding 15 pounds and not for commercial purposes is guilty of
a Class 3 misdemeanor punishable by a fine of not less than two
hundred fifty dollars ($250.00) nor more than one thousand
dollars ($1,000) for the first offense. In addition, the court
may require the violator to perform community service of not less
than eight hours nor more than 24 hours. The community service
required shall be to pick up litter if feasible, and if not
feasible, to perform other labor commensurate with the offense
committed. Any second or subsequent offense within three years
after the date of a prior offense is punishable by a fine of not
less than five hundred dollars ($500.00) nor more than two
thousand dollars ($2,000). In addition, the court may require the
violator to perform community service of not less than 16 hours
nor more than 50 hours. The community service required shall be
to pick up litter if feasible, and if not feasible, to perform
other labor commensurate with the offense committed.
(d) Any person who violates this section in an amount
exceeding 15 pounds but not exceeding 500 pounds and not for
commercial purposes is guilty of a Class 3 misdemeanor punishable
by a fine of not less than five hundred dollars ($500.00) nor
more than two thousand dollars ($2,000). In addition, the court
shall require the violator to perform community service of not
less than 24 hours nor more than 100 hours. The community service
required shall be to pick up litter if feasible, and if not
feasible, to perform other community service commensurate with
the offense committed.
(e) Any person who violates this section in an amount
exceeding 500 pounds or in any quantity for commercial purposes,
or who discards litter that is a hazardous waste as defined in
G.S. 130A-290 is guilty of a Class I felony. In addition, the
court shall order the violator to:
(1) Remove, or render harmless, the litter that he
discarded in violation of this section;
(2) Repair or restore property damaged by, or pay
damages for any damage arising out of, his discarding litter in
violation of this section; or
(3) Perform community public service relating to
the removal of litter discarded in violation of this section or
to the restoration of an area polluted by litter discarded in
violation of this section.
(f) A court may enjoin a violation of this section.
(f1) If a violation of this section involves the operation
of a motor vehicle, upon a finding of guilt, the court shall
forward a record of the finding to the Department of
Transportation, Division of Motor Vehicles, which shall record a
penalty of one point on the violator's drivers license pursuant
to the point system established by G.S. 20-16. There shall be no
insurance premium surcharge or assessment of points under the
classification plan adopted under G.S. 58-36-65 for a finding of
guilt under this section.
(g) A motor vehicle, vessel, aircraft, container, crane,
winch, or machine involved in the disposal of more than 500
pounds of litter in violation of this section is declared
contraband and is subject to seizure and summary forfeiture to
the State.
(h) If a person sustains damages arising out of a violation
of this section that is punishable as a felony, a court, in a
civil action for such damages, shall order the person to pay the
injured party threefold the actual damages or two hundred dollars
($200.00), whichever amount is greater. In addition, the court
shall order the person to pay the injured party's court costs and
attorney's fees.
(i) For the purpose of the section, unless the context
requires otherwise:
(1) "Aircraft" means a motor vehicle or other
vehicle that is used or designed to fly, but does not include a
parachute or any other device used primarily as safety equipment.
(2) Repealed by Session Laws 1999-454, s. 1.
(2a) "Commercial purposes" means litter discarded
by a business, corporation, association, partnership, sole
proprietorship, or any other entity conducting business for
economic gain, or by an employee or agent of such entity.
(3) "Law enforcement officer" means any officer of
the North Carolina Highway Patrol, the State Bureau of
Investigation, the Division of Motor Vehicles of the Department
of Transportation, a county sheriff's department, a municipal law
enforcement department, a law enforcement department of any other
political subdivision, the Department, or the North Carolina
Wildlife Resources Commission. In addition, and solely for the
purposes of this section, "law enforcement officer" means any
employee of a county or municipality designated by the county or
municipality as a litter enforcement officer; or wildlife
protectors as defined in G.S. 113-128(9);
(4) "Litter" means any garbage, rubbish, trash,
refuse, can, bottle, box, container, wrapper, paper, paper
product, tire, appliance, mechanical equipment or part, building
or construction material, tool, machinery, wood, motor vehicle or
motor vehicle part, vessel, aircraft, farm machinery or
equipment, sludge from a waste treatment facility, water supply
treatment plant, or air pollution control facility, dead animal,
or discarded material in any form resulting from domestic,
industrial, commercial, mining, agricultural, or governmental
operations. "Litter" does not include political pamphlets,
handbills, religious tracts, newspapers, and other such printed
materials the unsolicited distribution of which is protected by
the Constitution of the United States or the Constitution of
North Carolina.
(5) "Vehicle" has the same meaning as in G.S. 20-
4.01(49); and
(6) "Watercraft" means any boat or vessel used for
transportation across the water.
(j) It shall be the duty of all law enforcement officers to
enforce the provisions of this section.
(k) This section does not limit the authority of any State
or local agency to enforce other laws, rules or ordinances
relating to litter or solid waste management. (1935, c. 457;
1937, c. 446; 1943, c. 543; 1951, c. 975, s. 1; 1953, cc. 387,
1011; 1955, c. 437; 1957, cc. 73, 175; 1959, c. 1173; 1971, c.
165; 1973, c. 877; 1977, c. 887, s. 1; 1979, c. 1065, s. 1; 1983,
c. 890; 1987, cc. 208, 757; 1989, c. 784, ss. 7.1, 8; 1991, c.
609, s. 1; c. 720, s. 49; c. 725, s. 1; 1993, c. 539, ss. 266,
267, 1241; 1994, Ex. Sess., c. 24, s. 14(c); 1997-518, s. 1; 1998-
217, s. 2; 1999-294, s. 4; 1999-454, s. 1.)
§ 14-399.1. Repealed by Session Laws 1989, c. 784,
s. 7.
§ 14-399.2. Certain plastic yoke and ring type holding
devices prohibited.
(a) As used in this section:
(1) "Degradable" means that within one year after
being discarded, the yoke or ring type holding device is capable
of becoming embrittled or decomposing by photodegradation,
biodegradation, or chemo-degradation under average seasonal
conditions into components other than heavy metals or other toxic
substances.
(2) "Recyclable" means that the yoke or ring type
holding device is capable of being collected and processed for
reuse as a product or raw material.
(b) No person may sell or distribute for sale in this State
any container connected to another by a yoke or ring type holding
device constructed of plastic that is neither degradable nor
recyclable. No person may sell or distribute for sale in this
State any container connected to another by a yoke or ring type
holding device constructed of plastic that is recyclable but that
is not degradable unless such device does not have an orifice
larger than one and three-fourths inches. The manufacturer of a
degradable yoke or ring type holding device shall emboss or mark
the device with a nationally recognized symbol indicating that
the device is degradable. The manufacturer of a recyclable yoke
or ring type holding device shall emboss or mark the device with
a symbol of the type specified in G.S. 130A-309.10(e) indicating
the plastic resin used to produce the device and that the device
is recyclable. The manufacturer shall register the symbol with
the Secretary of State with a sample of the device.
(c) Any person who sells or distributes for sale a yoke or
ring type holding device in violation of this section shall be
guilty of a Class 3 misdemeanor punishable by a fine of not less
than fifty dollars ($50.00) nor more than two hundred dollars
($200.00). In lieu of a fine or any portion thereof or in
addition to a fine, any violation of this section may also be
punished by a term of community service.
(d) Other than a manufacturer required to use and register
a symbol under subsection (b), a person may not be prosecuted
under this section if, at the time of sale or distribution for
sale, the yoke or holding device bears a symbol meeting the
requirements of this section which has been registered with the
Secretary of State. (1989, c. 371; 1991, c. 236, c. 621, s. 14;
1993, c. 539, s. 268; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-400. Tattooing; body piercing
prohibited.
(a) It shall be unlawful for any person or persons to
tattoo the arm, limb, or any part of the body of any other person
under 18 years of age. Anyone violating the provisions of this
section shall be guilty of a Class 2 misdemeanor.
(b) It shall be unlawful for any person to pierce any part
of the body other than ears of another person under the age of 18
for the purpose of allowing the insertion of earrings, jewelry,
or similar objects into the body, unless the prior consent of a
custodial parent or guardian is obtained. Anyone violating the
provisions of this section is guilty of a Class 2 misdemeanor.
(1937, c. 112, ss. 1, 2; 1969, c. 1224, s. 8; 1971, c. 1231, s.
1; 1993, c. 539, s. 269; 1994, Ex. Sess., c. 24, s. 14(c); 1998-
230, s. 9.)
§ 14-401. Putting poisonous foodstuffs,
antifreeze, etc., in certain public places,
prohibited.
It shall be unlawful for any person, firm or corporation to
put or place (i) any strychnine, other poisonous compounds or
ground glass on any beef or other foodstuffs of any kind, or (ii)
any antifreeze that contains ethylene glycol and is not in a
closed container, in any public square, street, lane, alley or on
any lot in any village, town or city or on any public road, open
field, woods or yard in the country. Any person, firm or
corporation who violates the provisions of this section shall be
liable in damages to the person injured thereby and also shall be
guilty of a Class 1 misdemeanor. This section shall not apply to
the poisoning of insects or worms for the purpose of protecting
crops or gardens by spraying plants, crops, or trees, to poisons
used in rat extermination, or to the accidental release of
antifreeze containing ethylene glycol. (1941, c. 181; 1953, c.
1239; 1993, c. 143, c. 539, s. 270; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-401.1. Misdemeanor to tamper with
examination questions.
Any person who, without authority of the entity who prepares
or administers the examination, purloins, steals, buys, receives,
or sells, gives or offers to buy, give, or sell any examination
questions or copies thereof of any examination provided and
prepared by law shall be guilty of a Class 2 misdemeanor. (1917,
c. 146, s. 10; C.S., s. 5658; 1969, c. 1224, s. 3; 1991, c. 360,
s. 2; 1993, c. 539, s. 271; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.2. Misdemeanor for detective to
collect claims, accounts, etc.
It shall be unlawful for any person, firm, or corporation,
who or which is engaged in business as a detective, detective
agency, or what is ordinarily known as "secret service work," or
conducts such business, to engage in the business of collecting
claims, accounts, bills, notes, or other money obligations for
others, or to engage in the business known as a collection
agency. Violation of the provisions hereof shall be a Class 2
misdemeanor. (1943, c. 383; 1969, c. 1224, s. 5; 1993, c. 539, s.
272; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.3. Inscription on gravestone or
monument charging commission of crime.
It shall be illegal for any person to erect or cause to be
erected any gravestone or monument bearing any inscription
charging any person with the commission of a crime, and it shall
be illegal for any person owning, controlling or operating any
cemetery to permit such gravestone to be erected and maintained
therein. If such gravestone has been erected in any graveyard,
cemetery or burial plot, it shall be the duty of the person
having charge thereof to remove and obliterate such inscription.
Any person violating the provisions of this section shall be
guilty of a Class 2 misdemeanor. (1949, c. 1075; 1969, c. 1224,
s. 8; 1993, c. 539, s. 273; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.4. Identifying marks on machines and
apparatus; application to Division of Motor Vehicles for
numbers.
(a) No person, firm or corporation shall willfully remove,
deface, destroy, alter or cover over the manufacturer's serial or
engine number or any other manufacturer's number or other
distinguishing number or identification mark upon any machine or
other apparatus, including but not limited to farm equipment,
machinery and apparatus, but excluding electric storage
batteries, nor shall any person, firm or corporation place or
stamp any serial, engine, or other number or mark upon such
machinery, apparatus or equipment except as provided for in this
section, nor shall any person, firm or corporation purchase or
take into possession or sell, trade, transfer, devise, give away
or in any manner dispose of such machinery, apparatus, or
equipment except by intestate succession or as junk or scrap
after the manufacturer's serial or engine number or mark has been
willfully removed, defaced, destroyed, altered or covered up
unless a new number or mark has been added as provided in this
section: Provided, however, that this section shall not prohibit
or prevent the owner or holder of a mortgage, conditional sales
contract, title retaining contract, or a trustee under a deed of
trust from taking possession for the purpose of foreclosure under
a power of sale or by court order, of such machinery, apparatus,
or equipment, or from selling the same by foreclosure sale under
a power contained in a mortgage, conditional sales contract,
title retaining contract, deed of trust, or court order; or from
taking possession thereof in satisfaction of the indebtedness
secured by the mortgage, deed of trust, conditional sales
contract, or title retaining contract pursuant to an agreement
with the owner.
(b) Each seller of farm machinery, farm equipment or farm
apparatus covered by this section shall give the purchaser a bill
of sale for such machinery, equipment or apparatus and shall
include in the bill of sale the manufacturer's serial number or
distinguishing number or identification mark, which the seller
warrants to be true and correct according to his invoice or bill
of sale as received from his manufacturer, supplier, or
distributor or dealer.
(c) Each user of farm machinery, farm equipment or farm
apparatus whose manufacturer's serial number, distinguishing
number or identification mark has been obliterated or is now
unrecognizable, may obtain a valid identification number for any
such machinery, equipment or apparatus upon application for such
number to the Division of Motor Vehicles accompanied by
satisfactory proof of ownership and a subsequent certification to
the Division by a member of the North Carolina Highway Patrol
that said applicant has placed the number on the proper
machinery, equipment or apparatus. The Division of Motor
Vehicles is hereby authorized and empowered to issue appropriate
identification marks or distinguishing numbers for machinery,
equipment or apparatus upon application as provided in this
section and the Division is further authorized and empowered to
designate the place or places on the machinery, equipment or
apparatus at which the identification marks or distinguishing
numbers shall be placed. The Division is also authorized to
designate the method to be used in placing the identification
marks or distinguishing numbers on the machinery, equipment or
apparatus: Provided, however, that the owner or holder of the
mortgage conditional sales contract, title retaining contract, or
trustee under a deed of trust in possession of such encumbered
machinery, equipment, or apparatus from which the manufacturer's
serial or engine number or other manufacturer's number or
distinguishing mark has been obliterated or has become
unrecognizable or the purchaser at the foreclosure sale thereof,
may at any time obtain a valid identification number for any such
machinery, equipment or apparatus upon application therefor to
the Division of Motor Vehicles.
(d) Any person, firm or corporation who shall violate any
part of this section shall be guilty of a Class 1 misdemeanor.
(1949, c. 928; 1951, c. 1110 s. 1; 1953, c. 257; 1975, c. 716, s.
5; 1993, c. 539, s. 274; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.5. Practice of phrenology, palmistry,
fortune-telling or clairvoyance prohibited.
It shall be unlawful for any person to practice the arts of
phrenology, palmistry, clairvoyance, fortune-telling and other
crafts of a similar kind in the counties named herein. Any person
violating any provision of this section shall be guilty of a
Class 2 misdemeanor.
This section shall not prohibit the amateur practice of
phrenology, palmistry, fortune-telling or clairvoyance in
connection with school or church socials, provided such socials
are held in school or church buildings.
Provided that the provisions of this section shall apply
only to the Counties of Alexander, Ashe, Avery, Bladen,
Brunswick, Buncombe, Burke, Caldwell, Camden, Carteret, Caswell,
Chatham, Chowan, Clay, Columbus, Craven, Cumberland, Currituck,
Dare, Davidson, Davie, Duplin, Durham, Franklin, Graham,
Granville, Greene, Guilford, Halifax, Harnett, Haywood,
Henderson, Hoke, Iredell, Johnston, Lee, Lenoir, Madison, Martin,
McDowell, Mecklenburg, Moore, Nash, New Hanover, Onslow,
Pasquotank, Pender, Perquimans, Person, Polk, Richmond, Robeson,
Rockingham, Rutherford, Sampson, Scotland, Surry, Transylvania,
Union, Wake and Wayne. (1951, c. 314; 1953, cc. 138, 227, 328;
1955, cc. 55, 454; 1957, cc. 151, 166, 309, 355, 915; 1959, cc.
428, 1018; 1961, c. 271; 1969, c. 1224, s. 20; 1973, cc. 12, 195;
1975, cc. 331, 351; 1977, c. 335; 1993, c. 539, s. 275; 1994, Ex.
Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 596, s. 1.)
§ 14-401.6. Unlawful to possess, etc., tear gas
except for certain purposes.
(a) It is unlawful for any person, firm, corporation or
association to possess, use, store, sell, or transport within the
State of North Carolina, any form of that type of gas generally
known as "tear gas," or any container or device for holding or
releasing that gas; except this section does not apply to the
possession, use, storage, sale or transportation of that gas or
any container or device for holding or releasing that gas:
(1) By officers and enlisted personnel of the armed
forces of the United States or this State while in the discharge
of their official duties and acting under orders requiring them
to carry arms or weapons;
(2) By or for any governmental agency for official
use of the agency;
(3) By or for county, municipal or State law-
enforcement officers in the discharge of their official duties;
(4) By or for security guards registered under
Chapter 74C of the General Statutes or company police officers
commissioned under Chapter 74E of the General Statutes, provided
they are on duty and have received training according to
standards prescribed by the State Bureau of Investigation;
(5) For bona fide scientific, educational, or
industrial purposes;
(6) In safes, vaults, and depositories, as a means
or protection against robbery;
(7) For use in the home for protection and
elsewhere by individuals, who have not been convicted of a
felony, for self-defense purposes only, as long as the capacity
of any:
a. Tear gas device or container does not
exceed 150 cubic centimeters,
b. Tear gas cartridge or shell does not exceed
50 cubic centimeters, and
c. Tear gas device or container does not have
the capability of discharging any cartridge, shell, or container
larger than 50 cubic centimeters.
(b) Violation of this section is a Class 2 misdemeanor.
(c) Tear gas for the purpose of this section shall mean any
solid, liquid or gaseous substance or combinations thereof which
will, upon dispersion in the atmosphere, cause tears in the eyes,
burning of the skin, coughing, difficulty in breathing or any one
or more of these reactions and which will not cause permanent
damage to the human body, and the substance and container or
device is designed, manufactured, and intended to be used as tear
gas. (1951, c. 592; 1969, c. 1224, s. 8; 1977, c. 126; 1979, c.
661; 1983, c. 794, s. 9; 1991 (Reg. Sess., 1992), c. 1043, s. 2;
1993, c. 151, c. 539, s. 276; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.7. Persons, firms, banks and
corporations dealing in securities on commission taxed as a
private banker.
No person, bank, or corporation, without a license
authorized by law, shall act as a stockbroker or private banker.
Any person, bank, or corporation that deals in foreign or
domestic exchange certificates of debt, shares in any corporation
or charter companies, bank or other notes, for the purpose of
selling the same or any other thing for commission or other
compensation, or who negotiates loans upon real estate
securities, shall be deemed a security broker. Any person, bank,
or corporation engaged in the business of negotiating loans on
any class of security or in discounting, buying or selling
negotiable or other papers or credits, whether in an office for
the purpose or elsewhere shall be deemed to be a private banker.
Any person, firm, or corporation violating this section shall be
guilty of a Class 3 misdemeanor and pay a fine of not less than
one hundred ($100.00) nor more than five hundred dollars
($500.00) for each offense. (1939, c. 310, s. 1004; 1953, c. 970,
s. 9; 1993, c. 539, s. 277; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.8. Refusing to relinquish party
telephone line in emergency; false statement of emergency.
Any person who shall willfully refuse to immediately
relinquish a party telephone line when informed that such line is
needed for an emergency call to a fire department or police
department, or for medical aid or ambulance service, or any
person who shall secure the use of a party telephone line by
falsely stating that such line is needed for an emergency call,
shall be guilty of a Class 1 misdemeanor.
The term "party line" as used in this section is defined as
a subscriber's line telephone circuit, consisting of two or more
main telephone stations connected therewith, each station with a
distinctive ring or telephone number. The term "emergency" as
used in this section is defined as a situation in which property
or human life are in jeopardy and the prompt summoning of aid is
essential. (1955, c. 958; 1993, c. 539, s. 278; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 14-401.9. Parking vehicle in private parking
space without permission.
It shall be unlawful for any person other than the owner or
lessee of a privately owned or leased parking space to park a
motor or other vehicle in such private parking space without the
express permission of the owner or lessee of such space;
provided, that such private parking lot be clearly designated as
such by a sign no smaller than 24 inches by 24 inches prominently
displayed at the entrance thereto, and provided further, that the
parking spaces within the lot be clearly marked by signs setting
forth the name of each individual lessee or owner.
Any person violating any of the provisions of this section
shall be guilty of a Class 3 misdemeanor and upon conviction
shall be fined not more than ten dollars ($10.00) in the
discretion of the court. (1955, c. 1019; 1977, c. 398, s. 2;
1993, c. 539, s. 279; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.10. Soliciting advertisements for
official publications of law-enforcement officers'
associations.
Every person, firm or corporation who solicits any
advertisement to be published in any law-enforcement officers'
association's official magazine, yearbook, or other official
publication, shall disclose to the person so solicited, whether
so requested or not, the name of the law-enforcement association
for which such advertisement is solicited, together with written
authority from the president or secretary of such association to
solicit such advertising on its behalf.
Any person, firm or corporation violating the provisions of
this section shall be guilty of a Class 2 misdemeanor. (1961, c.
518; 1969, c. 1224, s. 8; 1993, c. 539, s. 280; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 14-401.11. Distribution of certain food at
Halloween and all other times 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, any food or eatable substance
which that person knows to contain:
(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, or
(2) Any controlled substance included in any
schedule of the Controlled Substances Act, or
(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 the food or 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 the food or 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. (1971, c.
564; 1973, c. 540, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c.
1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s.
1242; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.12. Soliciting charitable
contributions by telephone.
(a) Any professional solicitor who solicits by telephone
contributions for charitable purposes or in any way compensates
another person to solicit by telephone contributions for
charitable purposes shall be guilty of a Class 1 misdemeanor.
Any person compensated by a professional solicitor to solicit by
telephone contributions for charitable purposes shall be guilty
of a Class 1 misdemeanor.
(b) Definitions. -- Unless a different meaning is required
by the context, the following terms as used in this section have
the meanings hereinafter respectively ascribed to them:
(1) "Charitable purpose" shall mean any charitable,
benevolent, religious, philanthropic, environmental, public or
social advocacy or eleemosynary purpose for religion, health,
education, social welfare, art and humanities, civic and public
interest.
(2) "Contribution" shall mean any promise, gift,
bequest, devise or other grant for consideration or otherwise, of
any money or property of any kind or value, including the promise
to pay, which contribution is wholly or partly induced by a
solicitation. The term "contribution" shall not include payments
by members of an organization for membership fees, dues, fines or
assessments, or for services rendered to individual members, if
membership in such organization confers a bona fide right,
privilege, professional standing, honor or other direct benefit,
other than the right to vote, elect officers, or hold offices;
nor any money, credit, financial assistance or property received
from any governmental authority; nor any donation of blood or any
gift made pursuant to the Uniform Anatomical Gift Act. Reference
to dollar amounts of "contributions" or "solicitations" in this
section means, in the case of payments or promises to pay for
merchandise or rights of any description, the value of the total
amount paid or promised to be paid for such merchandise or
rights, and not merely that portion of the purchase price to be
applied to a charitable purpose.
(3) "Professional fund-raising counsel" shall mean
any person who for a flat fixed fee under a written agreement
plans, conducts, manages, carries on, or acts as a consultant,
whether directly or indirectly, in connection with soliciting
contributions for, or on behalf of any charitable organization
but who actually solicits no contributions as a part of such
services.
(4) "Professional solicitor" shall mean any person
who, for a financial or other consideration, solicits
contributions for or on behalf of a charitable organization,
whether such solicitation is performed personally or through its
agents, servants or employees specially employed by or for a
charitable organization, who are engaged in the solicitation of
contributions under the direction of such person; or a person who
plans, conducts, manages, carries on, advises or acts as a
consultant, whether directly or indirectly, to a charitable
organization in connection with the solicitation of contributions
but does not qualify as "professional fund-raising counsel" as
defined in this section. A bona fide salaried officer or
employee of a charitable organization maintaining a permanent
establishment within the State or the bona fide salaried officer
or employee of a parent organization certified as tax exempt
shall not be deemed to be a professional solicitor.
(5) The words "solicit" and "solicitation" shall
mean the request or appeal, directly or indirectly, for any
contribution on the plea or representation that such contribution
will be used for a charitable purpose. Solicitation as defined
herein shall be deemed to occur when the request is made, at the
place the request is received, whether or not the person making
the same actually receives any contribution.
(c) A solicitation by telephone is presumed to be for a
charitable purpose if the person making the solicitation states
or implies that some other named person or organization, other
than the professional solicitor or his employees, is a sponsor or
endorser of the solicitation who will share in the proceeds that
result from the telephone solicitation. (1981, c. 805, s. 1;
1993, c. 539, s. 281; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.13. Failure to give right to cancel in
off-premises sales.
(a) It shall be a Class 3 misdemeanor for any sellers, as
defined hereinafter, in connection with an off-premises sale, as
defined hereinafter, willfully to:
(1) Fail to furnish the buyer with a fully
completed receipt or copy of any contract pertaining to such sale
at the time of its execution, which is in the same language,
e.g., Spanish, as that principally used in the oral sales
presentation and which shows the date of the transaction and
contains the name and address of the seller, and in immediate
proximity to the space reserved in the contract for the signature
of the buyer or on the front page of the receipt if a contract is
not used and in boldface type of a minimum size of 10 points, a
statement in substantially the following form: "You, the buyer,
may cancel this transaction at any time prior to midnight of the
third business day after the date of this transaction. See the
attached notice of cancellation form for an explanation of this
right."
(2) Fail to furnish each buyer, at the time he
signs the off-premises sales contract or otherwise agrees to buy
consumer goods or services from the seller, a completed form in
duplicate, captioned "NOTICE OF CANCELLATION", which shall be
attached to the contract or receipt and easily detachable, and
which shall contain in boldface type in a minimum size of 10
points, the following information and statements in the same
language, e.g., Spanish, as that used in the contract:
"NOTICE OF CANCELLATION
(enter date of transaction)
..............................................
(date)
You may cancel this transaction, without
any penalty or obligation, within three business days from the
above date.
If you cancel, any property traded in,
any pa yments made by you under the contract or sale, and any
negotiable instrument executed by you will be returned within 10
business days following receipt by the seller of your
cancellation notice and any security interest arising out of the
transaction will be canceled.
If you cancel, you must make available
to the seller at your residence, in substantially as good
condition as when received, any goods delivered to you under this
contract or sale; or you may, if you wish, comply with the
instructions of the seller regarding the return shipment of the
goods at the seller's expense and risk. In the event you
purchased antiques at an antique show and cancel, and your
residence is out-of-state, you must deliver the purchased goods
to the seller.
If you do make the goods available to
the sel ler and the seller does not pick them up within 20 days
of the date of your notice of cancellation, you may retain or
dispose of the goods without any further obligation. If you fail
to make the goods available to the seller, or if you agree to
return the goods to the seller and fail to do so, then you remain
liable for performance of all obligations under the contract.
To cancel this transaction, mail or
deliver a signed and dated copy of this cancellation notice, or
any other written notice, or send a telegram, to
.....................................
(name of seller)
at
.................................................................
....
(address of seller's place of business)
not later than midnight of
.......................................
(date)
I hereby cancel this transaction.
...........................
(date)
............................................."
(buyer's
signature)
(3) Fail, before furnishing copies of the "Notice
of Cancellation" to the buyer, to complete both copies by
entering the name of the seller, the address of the seller's
place of business, the date of the transaction, and the date, not
earlier than the third business day following the date of the
transaction, by which the buyer may give notice of cancellation.
(4) Fail to inform each buyer orally, at the time
he signs the contract or purchases the goods or services, of his
right to cancel.
(5) Misrepresent in any manner the buyer's right to
cancel.
(b) Regardless of the seller's compliance or noncompliance
with the requirements of the preceding subsection, it shall be a
Class 3 misdemeanor for any seller, as defined hereinafter, to
willfully fail or refuse to honor any valid notice of
cancellation by a buyer and within 10 business days after the
receipt of such notice, to (i) refund all payments made under the
contract or sale; (ii) return any goods or property traded in, in
substantially as good condition as when received by the seller;
(iii) cancel and return any negotiable instrument executed by the
buyer in connection with the contract or sale and take any action
necessary or appropriate to terminate promptly any security
interest created in the transaction. If the seller failed to
provide a form Notice of Cancellation to the buyer, then oral
notice of cancellation by the buyer is sufficient for purposes of
this subsection.
(c) For the purposes of this section, the following
definitions shall apply:
(1) Off-Premises Sale. -- A sale, lease, or rental
of consumer goods or services with a purchase price of
twenty-five dollars ($25.00) or more, whether under single or
multiple contracts, in which the seller or his representative
personally solicits the sale, including those in response to or
following an invitation by the buyer, and the buyer's agreement
or offer to purchase is made at a place other than the place of
business of the seller. The term "off-premises sale" does not
include a transaction:
a. Made pursuant to prior negotiations in the
course of a visit by the buyer to a retail business establishment
having a fixed permanent location where the goods are exhibited
or the services are offered for sale on a continuing basis; or
b. In which the consumer is accorded the right
of rescission by the provisions of the Consumer Credit Protection
Act (15 U.S.C. 1635) or regulations issued pursuant thereto; or
c. In which the buyer has initiated the
contact and the goods or services are needed to meet a bona fide
immediate personal emergency of the buyer, and the buyer
furnishes the seller with a separate dated and signed personal
statement in the buyer's handwriting describing the situation
requiring immediate remedy and expressly acknowledging and
waiving the right to cancel the sale within three business days;
or
d. Conducted and consummated entirely by mail
or telephone; and without any other contact between the buyer and
the seller or its representative prior to delivery of the goods
or performance of the services; or
e. In which the buyer has initiated the
contact and specifically requested the seller to visit his home
for the purpose of repairing or performing maintenance upon the
buyer's property. If in the course of such a visit, the seller
sells the buyer the right to receive additional services or goods
other than replacement parts necessarily used in performing the
maintenance or in making the repairs, the sale of those
additional goods or services would not fall within this
exclusion; or
f. Pertaining to the sale or rental of real
property, to the sale of insurance or to the sale of securities
or commodities by a broker-dealer registered with the Securities
and Exchange Commission; or
g. Executed at an auction; or
h. Sales of motor vehicles defined in G.S. 20-
286(10) by motor vehicle sales representatives licensed pursuant
to G.S. 20-287 et seq.
(2) Consumer Goods or Services. -- Goods or
services purchased, leased, or rented primarily for personal,
family, or household purposes, including courses of instruction
or training regardless of the purpose for which they are taken.
(3) Seller. -- Any person, partnership,
corporation, or association engaged in the off-premises sale of
consumer goods or services. However, a nonprofit corporation or
association, or member or employee thereof acting on behalf of
such an association or corporation, shall not be a seller within
the meaning of this section.
(4) Place of Business. -- The main or permanent
branch office or local address of a seller.
(5) Purchase Price. -- The total price paid or to
be paid for the consumer goods or services, including all
interest and service charges.
(6) Business Day. -- Any calendar day except
Sunday, or the following business holidays: New Year's Day,
Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and
Good Friday. (1985, c. 652, s. 1; 1987, c. 551, ss. 1, 2; 1993,
c. 141, c. 539, s. 282; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-401.14. Ethnic intimidation; teaching any
technique to be used for ethnic intimidation.
(a) If a person shall, because of race, color, religion,
nationality, or country of origin, assault another person, or
damage or deface the property of another person, or threaten to
do any such act, he shall be guilty of a Class 1 misdemeanor.
(b) A person who assembles with one or more persons to
teach any technique or means to be used to commit any act in
violation of subsection (a) of this section is guilty of a Class
1 misdemeanor. (1991, c. 493, s. 1; 1993, c. 332, s. 1; c. 539,
s. 283; 1994, Ex. Sess., c. 14, s. 14(b); c. 24, s. 14(c); 1995,
c. 509, s. 10.)
§ 14-401.15. Telephone sales recovery
services.
(a) Except as provided in subsection (c) of this section,
it shall be unlawful for any person or firm to solicit or require
payment of money or other consideration in exchange for
recovering or attempting to recover:
(1) Money or other valuable consideration
previously tendered to a telephonic seller, as defined in G.S. 66-
260; or
(2) Prizes, awards, or other things of value that
the telephonic seller represented would be delivered.
(b) A violation of this section shall be punishable as a
Class 1 misdemeanor. Any violation involving actual collection of
money or other consideration from a customer shall be punishable
as a Class H felony.
(c) This section does not apply to attorneys licensed to
practice law in this State, to persons licensed by the North
Carolina Private Protective Services Board, or to any collection
agent properly holding a permit issued by the Department of
Insurance to do business in this State. (1997-482, s. 2.)
§ 14-401.16. Contaminate food or drink to
render one mentally incapacitated or physically helpless.
(a) It is unlawful knowingly to contaminate any food,
drink, or other edible or potable substance with a controlled
substance as defined in G.S. 90-87(5) that would render a person
mentally incapacitated or physically helpless with the intent of
causing another person to be mentally incapacitated or physically
helpless.
(b) It is unlawful knowingly to manufacture, sell, deliver,
or possess with the intent to manufacture, sell, deliver, or
possess a controlled substance as defined in G.S. 90-87(5) for
the purpose of violating this section.
(c) A violation of this section is a Class H felony.
However, if a person violates this section with the intent of
committing an offense under G.S. 14-27.3 or G.S. 14-27.5, the
violation is a Class G felony.
(d) This act does not apply if the controlled substance
added to the food, drink, or other edible or potable substance is
done at the direction of a licensed physician as part of a
medical procedure or treatment with the patient's consent. (1997-
501, s. 2.)
§ 14-401.17. Unlawful removal or destruction of
electronic dog collars.
(a) It is unlawful to intentionally remove or destroy an
electronic collar or other electronic device placed on a dog by
its owner to maintain control of the dog.
(b) A first conviction for a violation of this section is a
Class 3 misdemeanor. A second or subsequent conviction for a
violation of this section is a Class 2 misdemeanor.
(c) This act is enforceable by officers of the Wildlife
Resources Commission, by sheriffs and deputy sheriffs, and peace
officers with general subject matter jurisdiction.
(d) This act applies only to Alamance, Avery, Beaufort,
Brunswick, Buncombe, Burke, Caldwell, Caswell, Cherokee, Clay,
Columbus, Craven, Cumberland, Davidson, Graham, Haywood,
Henderson, Hyde, Jackson, Macon, Madison, McDowell, Mecklenburg,
Mitchell, New Hanover, Orange, Pasquotank, Pitt, Robeson,
Rockingham, Swain, Transylvania, Union, Wilkes, and Yancey
Counties. (1993 (Reg. Sess., 1994), c. 699, s. 1-4; 1995 (Reg.
Sess., 1996), c. 682; 1997-150; 1998-6, s. 1; 1999-51, s. 1.)
§ 14-401.18. Sale of certain packages of cigarettes
prohibited.
(a) Definitions. -- The following definitions apply in this
section:
(1) Cigarette. -- Defined in G.S. 105-113.4.
(2) Package. -- Defined in G.S. 105-113.4.
(b) Offenses. -- A person who sells or holds for sale
(other than for export to a foreign country) a package of
cigarettes that meets one or more of the following descriptions
commits a Class A1 misdemeanor and engages in an unfair trade
practice prohibited by G.S. 75-1.1:
(1) The package differs in any respect with the
requirements of the Federal Cigarette Labeling and Advertising
Act, 15 U.S.C. § 1331, for the placement of labels, warnings, or
any other information upon a package of cigarettes that is to be
sold within the United States.
(2) The package is labeled "For Export Only," "U.S.
Tax Exempt," "For Use Outside U.S.," or has similar wording
indicating that the manufacturer did not intend that the product
be sold in the United States.
(3) The package was altered by adding or deleting
the wording, labels, or warnings described in subdivision (1) or
(2) of this subsection.
(4) The package was imported into the United States
after January 1, 2000, in violation of 26 U.S.C. § 5754.
(5) The package violates federal trademark or
copyright laws.
(c) Contraband. -- A package of cigarettes described in
subsection (b) of this section is contraband and may be seized by
a law enforcement officer. The procedure for seizure and
disposition of this contraband is the same as the procedure under
G.S. 105-113.31 and G.S. 105-113.32 for non-tax-paid cigarettes.
(1999-333, s. 5.)
ARTICLE 52A.
Sale of Weapons in Certain Counties.
§ 14-402. Sale of certain weapons without
permit forbidden.
(a) It shall be unlawful for any person, firm, or
corporation in this State to sell, give away, or transfer, or to
purchase or receive, at any place within this State from any
other place within or without the State any pistol or crossbow
unless a license or permit therefor has first been obtained by
the purchaser or receiver from the sheriff of the county in which
that purchaser or receiver resides.
It shall be unlawful for any person or persons to receive
from any postmaster, postal clerk, employee in the parcel post
department, rural mail carrier, express agent or employee,
railroad agent or employee within the State of North Carolina any
pistol or crossbow without having in his or their possession and
without exhibiting at the time of the delivery of the same and to
the person delivering the same the permit from the sheriff as
provided in G.S. 14-403. Any person violating the provisions of
this section shall be guilty of a Class 2 misdemeanor.
(b) This section does not apply to an antique firearm or an
historic edged weapon.
(c) The following definitions apply in this section:
(1) Antique firearm. -- Defined in G.S. 14-409.11.
(2) Bolt. -- A projectile made to be discharged
from a crossbow. The bolt differs from an arrow in that the bolt
is heavier and shorter than an arrow.
(3) Crossbow. -- A mechanical device consisting of,
but not limited to, strings, cables, and prods transversely
mounted on either a shoulder or hand-held stock. This devise
[device] is mechanically held at full or partial draw and
released by a trigger or similar mechanism which is incorporated
into a stock or handle. When operated, the crossbow discharges a
projectile known as a bolt.
(4) Historic edged weapon. -- Defined in G.S. 14-
409.12. (1919, c. 197, s. 1; C.S., s. 5106; 1923, c. 106; 1947,
c. 781; 1959, c. 1073, s. 2; 1971, c. 133, s. 2; 1979, c. 895,
ss. 1, 2; 1993, c. 287, s. 1, c. 539, s. 284; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 14-403. Permit issued by sheriff; form of permit;
expiration of permit.
The sheriffs of any and all counties of this State shall
issue to any person, firm, or corporation in any county a license
or permit to purchase or receive any weapon mentioned in this
Article from any person, firm, or corporation offering to sell or
dispose of the weapon. The license or permit shall expire five
years from the date of issuance. The license or permit shall be
in the following form:
North Carolina,
______________ County.
I, ______________, Sheriff of said County, do hereby certify
that I have conducted a criminal background check of the
applicant, ______________ whose place of residence is
______________ in ______________ (or) in ______________ Township,
______________ County, North Carolina, and have received no
information to indicate that it would be a violation of State or
federal law for the applicant to purchase, transfer, receive, or
possess a handgun. The applicant has further satisfied me as to
his, her (or) their good moral character. Therefore, a license or
permit is issued to ______________ to purchase one pistol from
any person, firm or corporation authorized to dispose of the
same.
This license or permit expires five years from its date of
issuance.
This ____ day of ____________, ________.
________________________
Sheriff.
(1919, c. 197, s. 2; C.S., s. 5107; 1959, c. 1073, s. 2; 1981
(Reg. Sess., 1982), c. 1395, s. 3; 1995, c. 487, s. 1; 1999-456,
s. 59.)
§ 14-404. Issuance or refusal of permit; appeal
from refusal; grounds for refusal; sheriff's fee.
(a) Upon application, the sheriff shall issue the license
or permit to a resident of that county unless the purpose of the
permit is for collecting, in which case a sheriff can issue a
permit to a nonresident when the sheriff has done all of the
following:
(1) Verified by a criminal history background
investigation that it is not a violation of State or federal law
for the applicant to purchase, transfer, receive, or possess a
handgun. The sheriff shall determine the criminal history of any
applicant by accessing computerized criminal history records as
maintained by the State Bureau of Investigation and the Federal
Bureau of Investigation, by conducting a national criminal
history records check, and by conducting a criminal history check
through the Administrative Office of the Courts.
(2) Fully satisfied himself or herself by
affidavits, oral evidence, or otherwise, as to the good moral
character of the applicant.
(3) Fully satisfied himself or herself that the
applicant desires the possession of the weapon mentioned for (i)
the protection of the home, business, person, family or property,
(ii) target shooting, (iii) collecting, or (iv) hunting.
(b) If the sheriff is not fully satisfied, the sheriff may,
for good cause shown, decline to issue the license or permit and
shall provide to the applicant within seven days of the refusal a
written statement of the reason(s) for the refusal. An appeal
from the refusal shall lie by way of petition to the chief judge
of the district court for the district in which the application
was filed. The determination by the court, on appeal, shall be
upon the facts, the law, and the reasonableness of the sheriff's
refusal, and shall be final.
(c) A permit may not be issued to the following persons:
(1) One who is under an indictment or information
for or has been convicted in any state, or in any court of the
United States, of a felony (other than an offense pertaining to
antitrust violations, unfair trade practices, or restraints of
trade). However, a person who has been convicted of a felony in a
court of any state or in a court of the United States and who is
later pardoned may obtain a permit, if the purchase or receipt of
a pistol or crossbow permitted in this Article does not violate a
condition of the pardon.
(2) One who is a fugitive from justice.
(3) One who is an unlawful user of or addicted to
marijuana or any depressant, stimulant, or narcotic drug (as
defined in 21 U.S.C. section 802).
(4) One who has been adjudicated mentally
incompetent or has been committed to any mental institution.
(5) One who is an alien illegally or unlawfully in
the United States.
(6) One who has been discharged from the armed
forces under dishonorable conditions.
(7) One who, having been a citizen of the United
States, has renounced his or her citizenship.
(8) One who is subject to a court order that:
a. Was issued after a hearing of which the
person received actual notice, and at which the person had an
opportunity to participate;
b. Restrains the person from harassing,
stalking, or threatening an intimate partner of the person or
child of the intimate partner of the person, or engaging in other
conduct that would place an intimate partner in reasonable fear
of bodily injury to the partner or child; and
c. Includes a finding that the person
represents a credible threat to the physical safety of the
intimate partner or child; or by its terms explicitly prohibits
the use, attempted use, or threatened use of physical force
against the intimate partner or child that would reasonably be
expected to cause bodily injury.
(d) Nothing in this Article shall apply to officers
authorized by law to carry firearms if the officers identify
themselves to the vendor or donor as being officers authorized by
law to carry firearms and state that the purpose for the purchase
of the firearms is directly related to the law officers' official
duties.
(e) The sheriff shall charge for the sheriff's services
upon issuing the license or permit a fee of five dollars ($5.00).
(f) Each applicant for a license or permit shall be
informed by the sheriff within 30 days of the date of the
application whether the license or permit will be granted or
denied and, if granted, the license or permit shall be
immediately issued to the applicant. (1919, c. 197, s. 3; C.S.,
s. 5108; 1959, c. 1073, s. 2; 1969, c. 73; 1981 (Reg. Sess.,
1982), c. 1395, s. 1; 1987, c. 518, s. 1; 1995, c. 487, s. 2.)
§14-405. Record of permits kept by sheriff.
The sheriff shall keep a book, to be provided by the board
of commissioners of each county, in which he shall keep a record
of all licenses or permits issued under this article, including
the name, date, place of residence, age, former place of
residence, etc., of each such person, firm, or corporation to
whom or which a license or permit is issued. (1919, c. 197, s. 4;
C.S., s. 5109; 1959, c. 1073, s. 2.)
§ 14-406. Dealer to keep record of sales.
Every dealer in pistols and other weapons mentioned in this
Article shall keep an accurate record of all sales thereof,
including the name, place of residence, date of sale, etc., of
each person, firm, or corporation to whom or which such sales are
made, which record shall be open to the inspection of any duly
constituted State, county or police officer, within this State.
(1919, c. 197, s. 5; C.S., s. 5110; 1987, c. 115, s. 1.)
§ 14-407: Repealed by Session Laws 1997-6.
§ 14-407.1. Sale of blank cartridge pistols.
The provisions of G.S. 14-402 and 14-405 to 14-407 shall
apply to the sale of pistols suitable for firing blank
cartridges. The clerks of the superior courts of all the counties
of this State are authorized and may in their discretion issue to
any person, firm or corporation, in any such county, a license or
permit to purchase or receive any pistol suitable for firing
blank cartridges from any person, firm or corporation offering to
sell or dispose of the same, which said permit shall be in
substantially the following form:
North Carolina
______________ County
I, ______________, Clerk of the Superior Court of said
county, do hereby certify that ______________, whose place of
residence is ______________ Street in ______________ (or) in
______________ Township in ______________ County, North Carolina,
having this day satisfied me that the possession of a pistol
suitable for firing blank cartridges will be used only for lawful
purposes, a permit is therefore given said ______________ to
purchase said pistol from any person, firm or corporation
authorized to dispose of the same, this ________ day of
____________, ________.
________________________
Clerk of Superior Court
The clerk shall charge for his services, upon issuing such
permit, a fee of fifty cents (50¢). (1959, c. 1068; 1999-456, s.
59.)
§ 14-408. Violation of § 14-406 a
misdemeanor.
Any person, firm, or corporation violating any of the
provisions of G.S. 14-406 shall be guilty of a Class 2
misdemeanor. (1919, c. 197, s. 7; C.S., s. 5112; 1969, c. 1224,
s. 6; 1993, c. 539, s. 285; 1994, Ex. Sess., c. 24, s. 14(c);
1998-217, s. 3(a).)
§ 14-409. Machine guns and other like weapons.
(a) As used in this section, "machine gun" or "submachine
gun" means any weapon which shoots, is designed to shoot, or can
be readily restored to shoot, automatically more than one shot,
without manual reloading, by a single function of the trigger.
The term shall also include the frame or receiver of any such
weapon, any combination of parts designed and intended for use in
converting a weapon into a machine gun, and any combination of
parts from which a machine gun can be assembled if such parts are
in the possession or under the control of a person.
(b) It shall be unlawful for any person, firm or
corporation to manufacture, sell, give away, dispose of, use or
possess machine guns, submachine guns, or other like weapons as
defined by subsection (a) of this section: Provided, however,
that this subsection shall not apply to the following:
Banks, merchants, and recognized business establishments for
use in their respective places of business, who shall first apply
to and receive from the sheriff of the county in which said
business is located, a permit to possess the said weapons for the
purpose of defending the said business; officers and soldiers of
the United States Army, when in discharge of their official
duties, officers and soldiers of the militia when called into
actual service, officers of the State, or of any county, city or
town, charged with the execution of the laws of the State, when
acting in the discharge of their official duties; the
manufacture, use or possession of such weapons for scientific or
experimental purposes when such manufacture, use or possession is
lawful under federal laws and the weapon is registered with a
federal agency, and when a permit to manufacture, use or possess
the weapon is issued by the sheriff of the county in which the
weapon is located. Provided, further, that any bona fide resident
of this State who now owns a machine gun used in former wars, as
a relic or souvenir, may retain and keep same as his or her
property without violating the provisions of this section upon
his reporting said ownership to the sheriff of the county in
which said person lives.
(c) Any person violating any of the provisions of this
section shall be guilty of a Class I felony. (1933, c. 261, s. 1;
1959, c. 1073, s. 2; 1965, c. 1200; 1989, c. 680, s. 1; 1993, c.
539, s. 1243; 1994, Ex. Sess., c. 24, s. 14(c); 1999-456, s.
33(b).)
§§ 14-409.1 through 14-409.9: Repealed by Session
Laws 1995, c. 487, s. 4.
ARTICLE 53A.
Other Firearms.
§ 14-409.10. Purchase of rifles and shotguns
out of State.
It shall be lawful for citizens of this State to purchase
rifles and shotguns and ammunition therefor in states contiguous
to this State. (1969, c. 101, s. 1.)
§14-409.11. "Antique firearm" defined.
The term "antique firearm" means any firearm manufactured in
or before 1898 (including any matchlock, flintlock, percussion
cap, or similar early type of ignition system) or replica
thereof, whether actually manufactured before or after the year
1898; and also any firearm using fixed ammunition manufactured in
or before 1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the ordinary
channels of commercial trade. (1969, c. 101, s. 2.)
§ 14-409.12. "Historic edged weapons"
defined.
The term "historic edged weapon" means any bayonet, trench
knife, sword or dagger manufactured during or prior to World War
II but in no event later than January 1, 1946. (1971, c. 133, s.
1.)
ARTICLE 53B
Firearm Regulation.
§ 14-409.39. Definitions.
The following definitions apply in this Article:
(1) Dealer. -- Any person licensed as a dealer
pursuant to 18 U.S.C. § 921, et seq., or G.S. 105-80.
(2) Firearm. -- A handgun, shotgun, or rifle which
expels a projectile by action of an explosion.
(3) Handgun. -- A pistol, revolver, or other gun
that has a short stock and is designed to be held and fired by
the use of a single hand. (1995 (Reg. Sess., 1996), c. 727, s.
1.)
§ 14-409.40. Statewide uniformity of local
regulation.
(a) It is declared by the General Assembly that the
regulation of firearms is properly an issue of general, statewide
concern, and that the entire field of regulation of firearms is
preempted from regulation by local governments except as provided
by this section.
(b) Unless otherwise permitted by statute, no county or
municipality, by ordinance, resolution, or other enactment, shall
regulate in any manner the possession, ownership, storage,
transfer, sale, purchase, licensing, or registration of firearms,
firearms ammunition, components of firearms, dealers in firearms,
or dealers in handgun components or parts.
(c) Notwithstanding subsection (b) of this section, a
county or municipality, by zoning or other ordinance, may
regulate or prohibit the sale of firearms at a location only if
there is a lawful, general, similar regulation or prohibition of
commercial activities at that location. Nothing in this
subsection shall restrict the right of a county or municipality
to adopt a general zoning plan that prohibits any commercial
activity within a fixed distance of a school or other educational
institution except with a special use permit issued for a
commercial activity found not to pose a danger to the health,
safety, or general welfare of persons attending the school or
educational institution within the fixed distance.
(d) No county or municipality, by zoning or other
ordinance, shall regulate in any manner firearms shows with
regulations more stringent than those applying to shows of other
types of items.
(e) A county or municipality may regulate the transport,
carrying, or possession of firearms by employees of the local
unit of government in the course of their employment with that
local unit of government.
(f) Nothing contained in this section prohibits
municipalities or counties from application of their authority
under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-
269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the
possession of firearms in public-owned buildings, on the grounds
or parking areas of those buildings, or in public parks or
recreation areas, except nothing in this subsection shall
prohibit a person from storing a firearm within a motor vehicle
while the vehicle is on these grounds or areas. Nothing contained
in this section prohibits municipalities or counties from
exercising powers provided by law in declared states of emergency
under Article 36A of this Chapter. (1995 (Reg. Sess., 1996), c.
727, s. 1.)
ARTICLE 53C.
Sport Shooting Range Protection Act of 1997.
§ 14-409.45. Definitions.
The following definitions apply in this Article:
(1) Person. -- An individual, proprietorship,
partnership, corporation, club, or other legal entity.
(2) Sport shooting range or range. -- An area
designed and operated for the use of rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder, or any other similar
sport shooting.
(3) Substantial change in use. -- The current
primary use of the range no longer represents the activity
previously engaged in at the range. (1997-465, s. 1.)
§ 14-409.46. Sport shooting range
protection.
(a) Notwithstanding any other provision of law, a person
who owns, operates, or uses a sport shooting range in this State
shall not be subject to civil liability or criminal prosecution
in any matter relating to noise or noise pollution resulting from
the operation or use of the range if the range was in existence
at least three years prior to the effective date of this Article
and the range was in compliance with any noise control laws or
ordinances that applied to the range and its operation at the
time the range began operation.
(b) A person who owns, operates, or uses a sport shooting
range is not subject to an action for nuisance on the basis of
noise or noise pollution, and a State court shall not enjoin the
use or operation of a range on the basis of noise or noise
pollution, if the range was in existence at least three years
prior to the effective date of this Article and the range was in
compliance with any noise control laws or ordinances that applied
to the range and its operation at the time the range began
operation.
(c) Rules adopted by any State department or agency for
limiting levels of noise in terms of decibel level that may occur
in the outdoor atmosphere shall not apply to a sport shooting
range exempted from liability under this Article.
(d) A person who acquires title to real property adversely
affected by the use of property with a permanently located and
improved sport shooting range constructed and initially operated
prior to the time the person acquires title shall not maintain a
nuisance action on the basis of noise or noise pollution against
the person who owns the range to restrain, enjoin, or impede the
use of the range. If there is a substantial change in use of the
range after the person acquires title, the person may maintain a
nuisance action if the action is brought within one year of the
date of a substantial change in use. This section does not
prohibit actions for negligence or recklessness in the operation
of the range or by a person using the range.
(e) A sport shooting range that is operated and is not in
violation of existing law at the time of the enactment of an
ordinance and was in existence at least three years prior to the
effective date of this Article, shall be permitted to continue in
operation even if the operation of the sport shooting range at a
later date does not conform to the new ordinance or an amendment
to an existing ordinance, provided there has been no substantial
change in use. (1997-465, s. 1.)
§ 14-409.47. Application of Article.
Except as otherwise provided in this Article, this Article
does not prohibit a local government from regulating the location
and construction of a sport shooting range after the effective
date of this Article. (1997-465, s. 1.)
ARTICLE 54.
Sale, etc., of Pyrotechnics.
§ 14-410. Manufacture, sale and use of
pyrotechnics prohibited; exceptions; sale to persons under the
age of 16 prohibited.
(a) It shall be unlawful for any individual, firm,
partnership or corporation to manufacture, purchase, sell, deal
in, transport, possess, receive, advertise, use or cause to be
discharged any pyrotechnics of any description whatsoever within
the State of North Carolina: provided, however, that it shall be
permissible for pyrotechnics to be exhibited, used or discharged
at public exhibitions, such as fairs, carnivals, shows of all
descriptions and public celebrations: provided, further, that the
use of said pyrotechnics in connection with public exhibitions,
such as fairs, carnivals, shows of all descriptions and public
celebrations, shall be under supervision of experts who have
previously secured written authority from the board of county
commissioners of the county in which said pyrotechnics are to be
exhibited, used or discharged; provided, further, that such
written authority from the board of commissioners is not required
for a public exhibition authorized by The University of North
Carolina or the University of North Carolina at Chapel Hill and
conducted on lands or buildings in Orange County owned by The
University of North Carolina or the University of North Carolina
at Chapel Hill; provided, further, that it shall not be unlawful
for a common carrier to receive, transport, and deliver
pyrotechnics in the regular course of its business.
(b) Notwithstanding the provisions of G.S. 14-414, it shall
be unlawful for any individual, firm, partnership, or corporation
to sell pyrotechnics as defined in G.S. 14-414 (2), (3), (4)c.,
(5), or (6) to persons under the age of 16. (1947, c. 210, s. 1;
1993 (Reg. Sess., 1994), c. 660, s. 3; 1995, c. 475, s. 1.)
§14-411. Sale deemed made at site of delivery.
In case of sale or purchase of pyrotechnics, where the
delivery thereof was made by a common or other carrier, the sale
shall be deemed to be made in the county wherein the delivery was
made by such carrier to the consignee. (1947, c. 210, s. 2.)
§14-412. Possession prima facie evidence of violation.
Possession of pyrotechnics by any person, for any purpose
other than those permitted under this article, shall be prima
facie evidence that such pyrotechnics are kept for the purpose of
being manufactured, sold, bartered, exchanged, given away,
received, furnished, otherwise disposed of, or used in violation
of the provisions of this article. (1947, c. 210, s. 3.)
§ 14-413. Permits for use at public
exhibitions.
For the purpose of enforcing the provisions of this Article,
the board of county commissioners of any county is hereby
empowered and authorized to issue permits for use in connection
with the conduct of public exhibitions, such as fairs, carnivals,
shows of all descriptions and public exhibitions, but only after
satisfactory evidence is produced to the effect that said
pyrotechnics will be used for the aforementioned purposes and
none other. Provided that no such permit shall be required for a
public exhibition authorized by The University of North Carolina
or the University of North Carolina at Chapel Hill and conducted
on lands or buildings in Orange County owned by The University of
North Carolina or the University of North Carolina at Chapel
Hill. (1947, c. 210, s. 4; 1993 (Reg. Sess., 1994), c. 660, s.
3.1; 1995, c. 509, s. 11.)
§ 14-414. Pyrotechnics defined; exceptions.
For the proper construction of the provisions of this
Article, "pyrotechnics," as is herein used, shall be deemed to be
and include any and all kinds of fireworks and explosives, which
are used for exhibitions or amusement purposes: provided,
however, that nothing herein contained shall prevent the
manufacture, purchase, sale, transportation, and use of
explosives or signaling flares used in the course of ordinary
business or industry, or shells or cartridges used as ammunition
in firearms. This Article shall not apply to the sale, use, or
possession of the following:
(1) Explosive caps designed to be fired in toy
pistols, provided that the explosive mixture of the explosive
caps shall not exceed twenty-five hundredths (.25) of a gram for
each cap.
(2) Snake and glow worms composed of pressed
pellets of a pyrotechnic mixture that produce a large, snake-like
ash when burning.
(3) Smoke devices consisting of a tube or sphere
containing a pyrotechnic mixture that produces white or colored
smoke.
(4) Trick noisemakers which produce a small report
designed to surprise the user and which include:
a. A party popper, which is a small plastic or
paper item containing not in excess of 16 milligrams of explosive
mixture. A string protruding from the device is pulled to ignite
the device, expelling paper streamers and producing a small
report.
b. A string popper, which is a small tube
containing not in excess of 16 milligrams of explosive mixture
with string protruding from both ends. The strings are pulled to
ignite the friction-sensitive mixture, producing a small report.
c. A snapper or drop pop, which is a small,
paper-wrapped item containing no more than 16 milligrams of
explosive mixture coated on small bits of sand. When dropped,
the device produces a small report.
(5) Wire sparklers consisting of wire or stick
coated with nonexplosive pyrotechnic mixture that produces a
shower of sparks upon ignition. These items must not exceed 100
grams of mixture per item.
(6) Other sparkling devices which emit showers of
sparks and sometimes a whistling or crackling effect when
burning, do not detonate or explode, do not spin, are hand-held
or ground-based, cannot propel themselves through the air, and
contain not more than 75 grams of chemical compound per tube, or
not more than a total of 200 grams if multiple tubes are used.
(1947, c. 210, s. 5; 1955, c. 674, s. 1; 1993, c. 437.)
§ 14-415. Violation made misdemeanor.
Any person violating any of the provisions of this Article,
except as otherwise specified in said Article, shall be guilty of
a Class 2 misdemeanor. (1947, c. 210, s. 6; 1969, c. 1224, s. 3;
1993, c. 539, s. 288; 1994, Ex. Sess., c. 24, s. 14(c).)
ARTICLE 54A.
The Felony Firearms Act.
§ 14-415.1. Possession of firearms, etc., by
felon prohibited.
(a) It shall be unlawful for any person who has been
convicted of a felony to purchase, own, possess, or have in his
custody, care, or control any handgun or other firearm with a
barrel length of less than 18 inches or an overall length of less
than 26 inches, or any weapon of mass death and destruction as
defined in G.S. 14-288.8(c).
Every person violating the provisions of this section shall
be punished as a Class G felon.
Nothing in this subsection would prohibit the right of any
person to have possession of a firearm within his own home or on
his lawful place of business.
(b) Prior convictions which cause disentitlement under this
section shall only include:
(1) Felony convictions in North Carolina that occur
before, on, or after December 1, 1995.
(2) Repealed by Session Laws 1995, c. 487, s. 3.
(3) Violations of criminal laws of other states or
of the United States that occur before, on, or after December 1,
1995, and that are substantially similar to the crimes covered in
subdivision (1) which are punishable where committed by
imprisonment for a term exceeding one year.
When a person is charged under this section, records of prior
convictions of any offense, whether in the courts of this State,
or in the courts of any other state or of the United States,
shall be admissible in evidence for the purpose of proving a
violation of this section. The term "conviction" is defined as a
final judgment in any case in which felony punishment, or
imprisonment for a term exceeding one year, as the case may be,
is permissible, without regard to the plea entered or to the
sentence imposed. A judgment of a conviction of the defendant or
a plea of guilty by the defendant to such an offense certified to
a superior court of this State from the custodian of records of
any state or federal court shall be prima facie evidence of the
facts so certified.
(c) The indictment charging the defendant under the terms
of this section shall be separate from any indictment charging
him with other offenses related to or giving rise to a charge
under this section. An indictment which charges the person with
violation of this section must set forth the date that the prior
offense was committed, the type of offense and the penalty
therefor, and the date that the defendant was convicted or plead
guilty to such offense, the identity of the court in which the
conviction or plea of guilty took place and the verdict and
judgment rendered therein. (1971, c. 954, s. 1; 1973, c. 1196;
1975, c. 870, ss. 1, 2; 1977, c. 1105, ss. 1, 2; 1979, c. 760, s.
5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s.
14; 1989, c. 770, s. 3; 1993, c. 539, s. 1245; 1994, Ex. Sess.,
c. 24, s. 14(c); 1995, c. 487, s. 3; c. 507, s. 19.5(k).)
§ 14-415.2: Repealed by Session Laws 1975, c. 870,
s. 3.
§ 14-415.3. Possession of a firearm or weapon of mass
destruction by persons acquitted of certain crimes by reason of
insanity or persons determined to be incapable to proceed
prohibited.
(a) It is unlawful for the following persons to purchase,
own, possess, or have in the person's custody, care, or control,
any firearm or any weapon of mass death and destruction as
defined by G.S. 14-288.8(c):
(1) A person who has been acquitted by reason of
insanity of any crime set out in G.S. 14-415.1(b) or any
violation of G.S. 14-33(b)(1), 14-33(b)(8), or 14-34.
(2) A person who has been determined to lack
capacity to proceed as provided in G.S. 15A-1002 for any crime
set out in G.S. 14-415.1(b) or any violation of G.S. 14-33(b)(1),
14-33(b)(8), or 14-34.
(b) A violation of this section is a Class H felony. Any
firearm or weapon of mass death and destruction lawfully seized
for a violation of this section shall be forfeited to the State
and disposed of as provided in G.S. 15-11.1. (1994, Ex. Sess., c.
13.)
ARTICLE 54B.
Concealed Handgun Permit.
§ 14-415.10. Definitions.
The following definitions apply to this Article:
(1) Carry a concealed handgun. -- The term includes
possession of a concealed handgun.
(2) Handgun. -- A firearm that has a short stock
and is designed to be held and fired by the use of a single hand.
(3) Permit. -- A concealed handgun permit issued in
accordance with the provisions of this Article.
(4) Qualified former sworn law enforcement officer.
-- An individual who retired from service as a law enforcement
officer with a local, State, or company police agency in North
Carolina, other than for reasons of mental disability, who has
been retired as a sworn law enforcement officer two years or less
from the date of the permit application, and who satisfies all of
the following:
a. Immediately before retirement, the
individual was a qualified law enforcement officer with a local,
State, or company police agency in North Carolina.
b. The individual has a nonforfeitable right
to benefits under the retirement plan of the local, State, or
company police agency as a law enforcement officer or has 20 or
more aggregate years of law enforcement service and has retired
from a company police agency that does not have a retirement
plan.
c. The individual is not prohibited by State
or federal law from receiving a firearm.
(5) Qualified sworn law enforcement officer. -- A
law enforcement officer employed by a local, State, or company
police agency in North Carolina who satisfies all of the
following:
a. The individual is authorized by the agency
to carry a handgun in the course of duty.
b. The individual is not the subject of a
disciplinary action by the agency that prevents the carrying of a
handgun.
c. The individual meets the requirements
established by the agency regarding handguns. (1995, c. 398, s.
1; 1997-274, s. 2; 1997-441, ss. 2, 3.)
§ 14-415.11. Permit to carry concealed handgun;
scope of permit.
(a) Any person who has a concealed handgun permit may carry
a concealed handgun unless otherwise specifically prohibited by
law. The person shall carry the permit together with valid
identification whenever the person is carrying a concealed
handgun, shall disclose to any law enforcement officer that the
person holds a valid permit and is carrying a concealed handgun
when approached or addressed by the officer, and shall display
both the permit and the proper identification upon the request of
a law enforcement officer.
(b) The sheriff shall issue a permit to carry a concealed
handgun to a person who qualifies for a permit under G.S. 14-
415.12. The permit shall be valid throughout the State for a
period of four years from the date of issuance.
(c) A permit does not authorize a person to carry a
concealed handgun in the areas prohibited by G.S. 14-269.2, 14-
269.3, 14-269.4, and 14-277.2, in an area prohibited by rule
adopted under G.S. 120-32.1, in any area prohibited by 18 U.S.C.
§ 922 or any other federal law, in a law enforcement or
correctional facility, in a building housing only State or
federal offices, in an office of the State or federal government
that is not located in a building exclusively occupied by the
State or federal government, a financial institution, or on any
other premises, except state-owned rest areas or state-owned rest
stops along the highways, where notice that carrying a concealed
handgun is prohibited by the posting of a conspicuous notice or
statement by the person in legal possession or control of the
premises. It shall be unlawful for a person, with or without a
permit, to carry a concealed handgun while consuming alcohol or
at any time while the person has remaining in his body any
alcohol or in his blood a controlled substance previously
consumed, but a person does not violate this condition if a
controlled substance in his blood was lawfully obtained and taken
in therapeutically appropriate amounts.
(d) A person who is issued a permit shall notify the
sheriff who issued the permit of any change in the person's
permanent address within 30 days after the change of address. If
a permit is lost or destroyed, the person to whom the permit was
issued shall notify the sheriff who issued the permit of the loss
or destruction of the permit. A person may obtain a duplicate
permit by submitting to the sheriff a notarized statement that
the permit was lost or destroyed and paying the required
duplicate permit fee. (1995, c. 398, s. 1; c. 507, s. 22.1(c); c.
509, s. 135.3(e); 1997, c. 238, s. 6.)
§ 14-415.12. Criteria to qualify for the
issuance of a permit.
(a) The sheriff shall issue a permit to an applicant if the
applicant qualifies under the following criteria:
(1) The applicant is a citizen of the United States
and has been a resident of the State 30 days or longer
immediately preceding the filing of the application.
(2) The applicant is 21 years of age or older.
(3) The applicant does not suffer from a physical
or mental infirmity that prevents the safe handling of a handgun.
(4) The applicant has successfully completed an
approved firearms safety and training course which involves the
actual firing of handguns and instruction in the laws of this
State governing the carrying of a concealed handgun and the use
of deadly force. The North Carolina Criminal Justice Education
and Training Standards Commission shall prepare and publish
general guidelines for courses and qualifications of instructors
which would satisfy the requirements of this subdivision. An
approved course shall be any course which satisfies the
requirements of this subdivision and is certified or sponsored
by:
a. The North Carolina Criminal Justice
Education and Training Standards Commission,
b. The National Rifle Association, or
c. A law enforcement agency, college, private
or public institution or organization, or firearms training
school, taught by instructors certified by the North Carolina
Criminal Justice Education and Training Standards Commission or
the National Rifle Association.
Every instructor of an approved course shall file
a copy of the firearms course description, outline, and proof of
certification annually, or upon modification of the course if
more frequently, with the North Carolina Criminal Justice
Education and Training Standards Commission.
(5) The applicant is not disqualified under
subsection (b) of this section.
(b) The sheriff shall deny a permit to an applicant who:
(1) Is ineligible to own, possess, or receive a
firearm under the provisions of State or federal law.
(2) Is under indictment or against whom a finding
of probable cause exists for a felony.
(3) Has been adjudicated guilty in any court of a
felony.
(4) Is a fugitive from justice.
(5) Is an unlawful user of, or addicted to
marijuana, alcohol, or any depressant, stimulant, or narcotic
drug, or any other controlled substance as defined in 21 U.S.C. §
802.
(6) Is currently, or has been previously
adjudicated by a court or administratively determined by a
governmental agency whose decisions are subject to judicial
review to be, lacking mental capacity or mentally ill. Receipt of
previous consultative services or outpatient treatment alone
shall not disqualify an applicant under this subdivision.
(7) Is or has been discharged from the armed forces
under conditions other than honorable.
(8) Is or has been adjudicated guilty of or
received a prayer for judgment continued or suspended sentence
for one or more crimes of violence constituting a misdemeanor,
including but not limited to, a violation of a misdemeanor under
Article 8 of Chapter 14 of the General Statutes, or a violation
of a misdemeanor under G.S. 14-225.2, 14-226.1, 14-258.1, 14-
269.2, 14-269.3, 14-269.4, 14-269.6, 14-276.1, 14-277, 14-277.1,
14-277.2, 14-277.3, 14-281.1, 14-283, 14-288.2, 14-288.4(a)(1) or
(2), 14-288.6, 14-288.9, 14-288.12, 14-288.13, 14-288.14, 14-
318.2, or 14-415.21(b).
(9) Has had entry of a prayer for judgment
continued for a criminal offense which would disqualify the
person from obtaining a concealed handgun permit.
(10) Is free on bond or personal recognizance
pending trial, appeal, or sentencing for a crime which would
disqualify him from obtaining a concealed handgun permit.
(11) Has been convicted of an impaired driving
offense under G.S. 20-138.1, 20-138.2, or 20-138.3 within three
years prior to the date on which the application is submitted.
(1995, c. 398, s. 1; c. 509, s. 135.3(d); 1997-441, s. 4.)
§ 14-415.12A. Firearms safety and training
course exemption for qualified sworn law enforcement
officers.
A person who is a qualified sworn law enforcement officer or
a qualified former sworn law enforcement officer is deemed to
have satisfied the requirement under G.S. 14-415.12(a)(4) that an
applicant successfully complete an approved firearms safety and
training course. (1997-274, s. 1.)
§ 14-415.13. Application for a permit;
fingerprints.
(a) A person shall apply to the sheriff of the county in
which the person resides to obtain a concealed handgun permit.
The applicant shall submit to the sheriff all of the following:
(1) An application, completed under oath, on a form
provided by the sheriff.
(2) A nonrefundable permit fee.
(3) A full set of fingerprints of the applicant
administered by the sheriff.
(4) An original certificate of completion of an
approved course, adopted and distributed by the North Carolina
Criminal Justice Education and Training Standards Commission,
signed by the certified instructor of the course attesting to the
successful completion of the course by the applicant which shall
verify that the applicant is competent with a handgun and
knowledgeable about the laws governing the carrying of a
concealed handgun and the use of deadly force.
(5) A release, in a form to be prescribed by the
Administrative Office of the Courts, that authorizes and requires
disclosure to the sheriff of any records concerning the mental
health or capacity of the applicant.
(b) The sheriff shall submit the fingerprints to the State
Bureau of Investigation for a records check of State and national
databases. The State Bureau of Investigation shall submit the
fingerprints to the Federal Bureau of Investigation as necessary.
The cost of processing the set of fingerprints shall be charged
to an applicant as provided by G.S. 14-415.19. (1995, c. 398, s.
1; c. 507, ss. 22.2(a), 22.1(b).)
§ 14-415.14. Application form to be provided by
sheriff; information to be included in application form.
(a) The sheriff shall make permit applications readily
available at the office of the sheriff or at other public offices
in the sheriff's jurisdiction. The permit application shall be in
triplicate, in a form to be prescribed by the Administrative
Office of the Courts, and shall include the following information
with regard to the applicant: name, address, physical
description, signature, date of birth, social security number,
military status, law enforcement status, and the drivers license
number or State identification card number of the applicant if
used for identification in applying for the permit.
(b) The permit application shall also contain a warning
substantially as follows:
"CAUTION: Federal law and State law on the possession of
handguns and firearms differ. If you are prohibited by federal
law from possessing a handgun or a firearm, you may be prosecuted
in federal court. A State permit is not a defense to a federal
prosecution." (1995, c. 398, s. 1; 1997-274, s. 3.)
§ 14-415.15. Issuance or denial of permit.
(a) Except as permitted under subsection (b) of this
section, within 90 days after receipt of the items listed in G.S.
14-415.13 from an applicant, the sheriff shall either issue or
deny the permit. The sheriff may conduct any investigation
necessary to determine the qualification or competency of the
person applying for the permit, including record checks.
(b) Upon presentment to the sheriff of the items required
under G.S. 14-415.13(a)(1), (2), and (3), the sheriff may issue a
temporary permit for a period not to exceed 90 days to a person
who the sheriff reasonably believes is in an emergency situation
that may constitute a risk of safety to the person, the person's
family or property. The temporary permit may not be renewed and
may be revoked by the sheriff without a hearing.
(c) A person's application for a permit shall be denied
only if the applicant fails to qualify under the criteria listed
in this Article. If the sheriff denies the application for a
permit, the sheriff shall, within 90 days, notify the applicant
in writing, stating the grounds for denial. An applicant may
appeal the denial, revocation, or nonrenewal of a permit by
petitioning a district court judge of the district in which the
application was filed. The determination by the court, on appeal,
shall be upon the facts, the law, and the reasonableness of the
sheriff's refusal. The determination by the court shall be final.
(1995, c. 398, s. 1.)
§ 14-415.16. Renewal of permit.
The holder of a permit shall apply to renew the permit at
least 30 days prior to its expiration date by filing with the
sheriff of the county in which the person resides a renewal form
provided by the sheriff's office, a notarized affidavit stating
that the permittee remains qualified under the criteria provided
in this Article, a newly administered full set of the permittee's
fingerprints, and a renewal fee. Upon receipt of the completed
renewal application, including the permittee's fingerprints, and
the appropriate payment of fees, the sheriff shall determine if
the permittee remains qualified to hold a permit in accordance
with the provisions of G.S. 14-415.12. The permittee's criminal
history shall be updated, and the sheriff may waive the
requirement of taking another firearms safety and training
course. If the permittee applies for a renewal of the permit
within 30 days of its expiration date and if the permittee
remains qualified to have a permit under G.S. 14-415.12, the
sheriff shall renew the permit. (1995, c. 398, s. 1; c. 507, s.
22.2(b).)
§ 14-415.17. Permit; sheriff to retain and make
available to law enforcement agencies a list of permittees.
The permit shall be in a certificate form, as prescribed by
the Administrative Office of the Courts, that is approximately
the size of a North Carolina drivers license. It shall bear the
signature, name, address, date of birth, and social security
number of the permittee, and the drivers license identification
number used in applying for the permit. The sheriff shall
maintain a listing of those persons who are issued a permit and
any pertinent information regarding the issued permit. The permit
information shall be available upon request to all State and
local law enforcement agencies.
Within five days of the date a permit is issued, the sheriff
shall send a copy of the permit to the State Bureau of
Investigation. The State Bureau of Investigation shall make this
information available to law enforcement officers and clerks of
court on a statewide system. (1995, c. 398, s. 1.)
§ 14-415.18. Revocation or suspension of
permit.
(a) The sheriff of the county where the permit was issued
or the sheriff of the county where the person resides may revoke
a permit subsequent to a hearing for any of the following
reasons:
(1) Fraud or intentional or material
misrepresentation in the obtaining of a permit.
(2) Misuse of a permit, including lending or giving
a permit to another person, duplicating a permit, or using a
permit with the intent to unlawfully cause harm to a person or
property.
(3) The doing of an act or existence of a condition
which would have been grounds for the denial of the permit by the
sheriff.
(4) The violation of any of the terms of this
Article.
(5) The applicant is adjudicated guilty of or
receives a prayer for judgment continued for a crime which would
have disqualified the applicant from initially receiving a
permit.
A permittee may appeal the revocation, or nonrenewal of a
permit by petitioning a district court judge of the district in
which the applicant resides. The determination by the court, on
appeal, shall be upon the facts, the law, and the reasonableness
of the sheriff's refusal.
(b) The court may suspend a permit as part of and for the
duration of any orders permitted under Chapter 50B of the General
Statutes. (1995, c. 398, s. 1.)
§ 14-415.19. Fees.
(a) The permit fees assessed under this Article are payable
to the sheriff. The sheriff shall transmit the proceeds of these
fees to the county finance officer to be remitted or credited by
the county finance officer in accordance with the provisions of
this subsection. The permit fees are as follows:
Application fee $80.00
Renewal fee $80.00
Duplicate permit fee $15.00
The county finance officer shall remit forty-five dollars
($45.00) of each application or renewal fee to the North Carolina
Department of Justice for the costs of State and federal criminal
record checks performed in connection with processing
applications and for the implementation of the provisions of this
Article. The remaining thirty-five dollars ($35.00) of each
application or renewal fee shall be used by the sheriff to pay
the costs of administering this Article and for other law
enforcement purposes. The county shall expend the restricted
funds for these purposes only.
(b) An additional fee, not to exceed ten dollars ($10.00),
shall be collected by the sheriff from an applicant for a permit
to pay for the costs of processing the applicant's fingerprints.
This fee shall be retained by the sheriff. (1995, c. 398, s. 1;
c. 507, s. 22.1(a); 1997-470, s. 1.)
§ 14-415.20. No liability of sheriff.
A sheriff who issues or refuses to issue a permit to carry a
concealed handgun under this Article shall not incur any civil or
criminal liability as the result of the performance of the
sheriff's duties under this Article. (1995, c. 398, s. 1.)
§ 14-415.21. Violations of this Article
punishable as an infraction and a Class 2 misdemeanor.
(a) A person who has been issued a valid permit who is
found to be carrying a concealed handgun without the permit in
the person's possession or who fails to disclose to any law
enforcement officer that the person holds a valid permit and is
carrying a concealed handgun, as required by G.S. 14-415.11,
shall be guilty of an infraction for the first offense and shall
be punished in accordance with G.S. 14-3.1. In lieu of paying a
fine for the first offense, the person may surrender the permit.
Subsequent offenses for failing to carry a valid permit or for
failing to make the necessary disclosures to a law enforcement
officer as required by G.S. 14-415.11 shall be punished in
accordance with subsection (b) of this section.
(b) A person who violates the provisions of this Article
other than as set forth in subsection (a) of this section is
guilty of a Class 2 misdemeanor. (1995, c. 398, s. 1.)
§ 14-415.22. Construction of Article.
This Article shall not be construed to require a person who
may carry a concealed handgun under the provisions of G.S. 14-
269(b) to obtain a concealed handgun permit. The provisions of
this Article shall not apply to a person who may lawfully carry a
concealed weapon or handgun pursuant to G.S. 14-269(b). A person
who may lawfully carry a concealed weapon or handgun pursuant to
G.S. 14-269(b) shall not be prohibited from carrying the
concealed weapon or handgun on property on which a notice is
posted prohibiting the carrying of a concealed handgun, unless
otherwise prohibited by statute. (1995, c. 398, s. 1; 1997-238,
s. 5.)
§ 14-415.23. Statewide uniformity.
It is the intent of the General Assembly to prescribe a
uniform system for the regulation of legally carrying a concealed
handgun. To insure uniformity, no political subdivisions, boards,
or agencies of the State nor any county, city, municipality,
municipal corporation, town, township, village, nor any
department or agency thereof, may enact ordinances, rules, or
regulations concerning legally carrying a concealed handgun. A
unit of local government may adopt an ordinance to permit the
posting of a prohibition against carrying a concealed handgun, in
accordance with G.S. 14-415.11(c), on local government buildings,
their appurtenant premises, and parks. (1995, c. 398, s. 1.)
ARTICLE 55.
Handling of Poisonous Reptiles.
§ 14-416. Handling of poisonous reptiles
declared public nuisance and criminal offense.
The intentional exposure of human beings to contact with
reptiles of a venomous nature being essentially dangerous and
injurious and detrimental to public health, safety and welfare,
the indulgence in and inducement to such exposure is hereby
declared to be a public nuisance and a criminal offense, to be
abated and punished as provided in this Article. (1949, c. 1084,
s. 1.)
§14-417. Regulation of ownership or use of poisonous
reptiles.
It shall be unlawful for any person to own, possess, use, or
traffic in any reptile of a poisonous nature whose venom is not
removed, unless such reptile is at all times kept securely in a
box, cage, or other safe container in which there are no openings
of sufficient size to permit the escape of such reptile, or
through which such reptile can bite or inject its venom into any
human being. (1949, c. 1084, s. 2.)
§14-418. Prohibited handling of reptiles or suggesting or
inducing others to handle.
It shall be unlawful for any person to intentionally handle
any reptile of a poisonous nature whose venom is not removed, by
taking or holding such reptile in bare hands or by placing or
holding such reptile against any exposed part of the human
anatomy, or by placing their own or another's hand or any other
part of the human anatomy in or near any box, cage, or other
container wherein such reptile is known or suspected to be. It
shall also be unlawful for any person to intentionally suggest,
entice, invite, challenge, intimidate, exhort or otherwise induce
or aid any person to handle or expose himself to any such
poisonous reptile in any manner defined in this Article. (1949,
c. 1084, s. 3.)
§ 14-419. Investigation of suspected violations;
seizure and examination of reptiles; disposition of reptiles.
In any case in which any law-enforcement officer or animal
control officer has reasonable grounds to believe that any of the
provisions of this Article have been or are about to be violated,
it shall be the duty of such officer and he is hereby authorized,
empowered, and directed to immediately investigate such violation
or impending violation and to forthwith seize the reptile or
reptiles involved, and all such officers are hereby authorized
and directed to deliver such reptiles to the North Carolina State
Museum of Natural Sciences or to its designated representative
for examination and test for the purpose of ascertaining whether
said reptiles contain venom and are poisonous. If the North
Carolina State Museum of Natural Sciences or its designated
representative finds that said reptiles are dangerously
poisonous, the North Carolina State Museum of Natural Sciences or
its designated representative shall be empowered to dispose of
said reptiles in a manner consistent with the safety of the
public; but if the Museum or its designated representative find
that the reptiles are not dangerously poisonous, and are not and
cannot be harmful to human life, safety, health or welfare, then
it shall be the duty of such officers to return the said reptiles
to the person from whom they were seized within five days. (1949,
c. 1084, s. 4; 1981, c. 203, s. 1; 1993, c. 561, s. 116(g).)
§ 14-420. Arrest of persons violating
provisions of Article.
If the examination and tests made by the North Carolina
State Museum of Natural Sciences or its designated representative
as provided herein show that such reptiles are dangerously
poisonous, it shall be the duty of the officers making the
seizure, in addition to destroying such reptiles, also to arrest
all persons violating any of the provisions of this Article.
(1949, c. 1084, s. 5; 1981, c. 203, s. 2; 1993, c. 561, s.
116(h).)
§14-421. Exemptions from provisions of Article.
This Article shall not apply to the possession, exhibition,
or handling of reptiles by employees or agents of duly
constituted museums, laboratories, educational or scientific
institutions in the course of their educational or scientific
work. (1949, c. 1084, s. 6.)
§ 14-422. Violation made misdemeanor.
Any person violating any of the provisions of this Article
shall be guilty of a Class 2 misdemeanor. (1949, c. 1084, s. 7;
1969, c. 1224, s. 3; 1993, c. 539, s. 289; 1994, Ex. Sess., c.
24, s. 14(c).)
ARTICLE 56.
Debt Adjusting.
§ 14-423. Definitions.
As used in this Article certain terms or words are hereby
defined as follows:
(1) The term "debt adjuster" means a person who
engages in, attempts to engage in, or offers to engage in the
practice or business of debt adjusting as said term is defined in
this Article.
(2) The term "debt adjusting" shall mean the
entering into or making of a contract, express or implied, with a
particular debtor whereby the debtor agrees to pay a certain
amount of money periodically to the person engaged in the debt
adjusting business and who shall for a consideration, agree to
distribute, or distribute the same among certain specified
creditors in accordance with a plan agreed upon. The term "debt
adjusting" is further defined and shall also mean the business or
practice of any person who holds himself out as acting or
offering or attempting to act for a consideration as an
intermediary between a debtor and his creditors for the purpose
of settling, compounding, or in anywise altering the terms of
payment of any debt of a debtor, and to that end receives money
or other property from the debtor, or on behalf of the debtor,
for the payment to, or distribution among, the creditors of the
debtor.
(3) The term or word "debtor" means an individual,
and includes two or more individuals who are jointly and
severally or jointly or severally indebted to a creditor or
creditors.
(4) The word "person" means an individual, firm,
partnership, limited partnership, corporation or association.
(1963, c. 394, s. 1.)
§ 14-424. Engaging, etc., in business of debt
adjusting a misdemeanor.
If any person shall engage in, or offer to or attempt to,
engage in the business or practice of debt adjusting, or if any
person shall hereafter act, offer to act, or attempt to act as a
debt adjuster, he shall be guilty of a Class 2 misdemeanor.
(1963, c. 394, s. 2; 1969, c. 1224, s. 6; 1993, c. 539, s. 290;
1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-425. Enjoining practice of debt adjusting;
appointment of receiver for money and property employed.
The superior court shall have jurisdiction, in an action
brought in the name of the State by the district attorney of the
prosecutorial district as defined in G.S. 7A-60, to enjoin any
person from acting, offering to act, or attempting to act, as a
debt adjuster, or engaging in the business of debt adjusting;
and, in such action, may appoint a receiver for the property and
money employed in the transaction of business by such person as a
debt adjuster, to insure, so far as may be possible, the return
to debtors of so much of their money and property as has been
received by the debt adjuster, and has not been paid to the
creditors of the debtors. (1963, c. 394, s. 3; 1973, c. 47, s. 2;
1987 (Reg. Sess., 1988), c. 1037, s. 49.)
§14-426. Certain persons and transactions not deemed debt
adjusters or debt adjustment.
The following individuals or transactions shall not be
deemed debt adjusters or as being engaged in the business or
practice of debt adjusting:
(1) Any person or individual who is a regular full-time
employee of a debtor, and who acts as an adjuster of his
employer's debts;
(2) Any person or individual acting pursuant to any order or
judgment of a court, or pursuant to authority conferred by any
law of this State or of the United States;
(3) Any person who is a creditor of the debtor, or an agent
of one or more creditors of the debtor, and whose services in
adjusting the debtor's debts are rendered without cost to the
debtor;
(4) Any person who at the request of a debtor, arranges for
or makes a loan to the debtor, and who, at the authorization of
the debtor, acts as an adjuster of the debtor's debts in the
disbursement of the proceeds of the loan, without compensation
for the services rendered in adjusting such debts;
(5) An intermittent or casual adjustment of a debtor's
debts, for compensation, by an individual or person who is not a
debt adjuster or who is not engaged in the business or practice
of debt adjusting, and who does not hold himself out as being
regularly engaged in debt adjusting. (1963, c. 394, s. 4.)
ARTICLE 57.
Use, Sale, etc., of Glues Releasing Toxic Vapors.
§§14-427 to 14-431. Repealed by Session Laws 1969, c. 970,
s. 11.
ARTICLE 58.
Records, Tapes and Other Recorded Devices.
§ 14-432. Definitions.
As used in this Article "owner" means the person who owns
the sounds fixed in any master phonograph record, master disc,
master tape, master film or other device used for reproducing
recorded sounds on phonograph records, discs, tapes, films or
other articles on which sound is or can be recorded and from
which the transferred sounds are directly or indirectly derived,
or the person who owns the rights to record or authorize the
recording of a live performance; "article" means the tangible
medium upon which sounds or images are recorded or any original
phonograph record, disc, tape, audio or video cassette, wire,
film or other medium now known or later developed on which sounds
or images are or can be recorded or otherwise stored, or any copy
or reproduction which duplicates, in whole or in part, the
original. (1973, c. 1279, s. 1; 1989, c. 589.)
§ 14-433. Recording of live concerts or recorded sounds and
distribution, etc., of such recordings unlawful in certain
circumstances.
(a) It shall be unlawful for any person to:
(1) Knowingly transfer or cause to be transferred,
directly or indirectly by any means, any sounds recorded on a
phonograph record, disc, wire, tape, film or other article on
which sounds are recorded, with the intent to sell or cause to be
sold, or to use or cause to be used for profit through public
performance, such article on which sounds are so transferred,
without consent of the owner,
(2) Manufacture, distribute, wholesale or transport
any article for profit, or possess for such purposes with the
knowledge that the sounds are so transferred, without consent of
the owner,
(3) Knowingly transfer or cause to be transferred,
directly or indirectly by any means, any sounds at a live
concert, with the intent to sell or cause to be sold, or to use
or cause to be used for profit through public performance, such
article on which sounds are so transferred, without consent of
the owner, or
(4) Manufacture, distribute, transport or wholesale
any such article for profit, or possess for such purposes with
the knowledge that the sounds are so transferred, without consent
of the owner.
(b) Subdivisions (a)(1) and (a)(2) of this section shall
apply only to sound recordings that were initially fixed prior to
February 15, 1972. Federal copyright law, 17 U.S.C. § 101
et seq., preempts State prosecution of the acts
described in subdivisions (a)(1) and (a)(2) with respect to sound
recordings initially fixed on or after February 15, 1972.
(c) This section shall not apply to any person engaged in
radio or television broadcasting who transfers, or causes to be
transferred, any such sounds other than from the sound track of a
motion picture intended for, or in connection with broadcast or
telecast transmission or related uses, or for archival purposes.
(1989, c. 589.)
§ 14-434. Retailing, etc., of certain recorded devices
unlawful.
It shall be unlawful for any person to knowingly retail,
advertise or offer for sale or resale, sell or resell or cause
the sale or resale, rent or cause to rent, or possess for any of
these purposes any article that has been produced, manufactured,
distributed, or acquired at wholesale in violation of any
provision of this Chapter. (1973, c. 1279, s. 1; 1989, c. 589.)
§ 14-435. Recorded devices to show true name and address
of manufacturer.
Ninety days after January 1, 1975, every article knowingly
sold or transferred or possessed for the purpose of sale,
advertising or offering for sale or resale, renting or
transporting or causing to be rented or transported by any
manufacturer, distributor, or wholesale or retail merchant shall
contain on its packaging the true name and address of the
manufacturer. The term "manufacturer" shall not include the
manufacturer of the cartridge or casing itself. (1973, c. 1279,
s. 1; 1989, c. 589.)
§ 14-436. Recorded devices; civil action for damages.
Any owner of an article as defined in this Chapter whose
work is allegedly the subject of a violation of G.S. 14-433 or 14-
434, shall have a cause of action in the courts of this State for
all damages resulting therefrom, including actual, compensatory
and incidental damages. (1973, c. 1279, s. 1; 1989, c. 589.)
§ 14-437. Violation of Article; penalties.
(a) Every individual act in contravention of the
provisions of this Article shall constitute:
(1) A Class I felony, which may include a fine of
not more than one hundred fifty thousand dollars ($150,000), if
the offense involves at least 1,000 unauthorized sound recordings
or at least 100 unauthorized audio visual recordings during any
180-day period or is a second or subsequent conviction under
either subdivision (1) or (2) of this section;
(2) A Class 1 misdemeanor, if the offense involves
more than 100 but less than 1,000 unauthorized sound recordings
or more than 10 but less than 100 unauthorized audio visual
recordings during any 180-day period; or
(3) A Class 2 misdemeanor, for any other violation
of these sections.
(b) If a person is convicted of any violation under this
Article, the court, in its judgment of conviction, shall order
the forfeiture and destruction or other disposition of:
(1) All infringing articles; and
(2) All implements, devices and equipment used or
intended to be used in the manufacture of the infringing
articles. (1973, c. 1279, s. 1; 1989, c. 589; 1993, c. 539, ss.
291, 1246; 1994, Ex. Sess., c. 24, s. 14(c).)
§§14-438 to 14-442. Reserved for future codification
purposes.
ARTICLE 59.
Public Intoxication.
§14-443. Definitions.
As used in this Article:
(1) "Alcoholism" is the state of a person who habitually
lacks self- control as to the use of alcoholic beverages, or uses
alcoholic beverages to the extent that his health is
substantially impaired or endangered or his social or economic
function is substantially disrupted; and
(2) "Intoxicated" is the condition of a person whose mental
or physical functioning is presently substantially impaired as a
result of the use of alcohol; and
(3) A "public place" is a place which is open to the public,
whether it is publicly or privately owned. (1977, 2nd Sess., c.
1134, s. 1; 1981, c. 412, s. 4; c. 747, s. 66.)
§ 14-444. Intoxicated and disruptive in
public.
(a) It shall be unlawful for any person in a public place
to be intoxicated and disruptive in any of the following ways:
(1) Blocking or otherwise interfering with traffic
on a highway or public vehicular area, or
(2) Blocking or lying across or otherwise
preventing or interfering with access to or passage across a
sidewalk or entrance to a building, or
(3) Grabbing, shoving, pushing or fighting others
or challenging others to fight, or
(4) Cursing or shouting at or otherwise rudely
insulting others, or
(5) Begging for money or other property.
(b) Any person who violates this section shall be guilty of
a Class 3 misdemeanor. Notwithstanding the provisions of G.S.
7A-273(1), a magistrate is not empowered to accept a guilty plea
and enter judgment for this offense. (1977, 2nd Sess., c. 1134,
s. 1; 1993, c. 539, s. 292; 1994, Ex. Sess., c. 24, s. 14(c).)
§14-445. Defense of alcoholism.
(a) It is a defense to a charge of being intoxicated and
disruptive in a public place that the defendant suffers from
alcoholism.
(b) The presiding judge at the trial of a defendant charged
with being intoxicated and disruptive in public shall consider
the defense of alcoholism even though the defendant does not
raise the defense, and may request additional information on
whether the defendant is suffering from alcoholism.
(c) Whenever any person charged with committing a
misdemeanor under G.S. 14-444 enters a plea to the charge, the
court may, without entering a judgment, defer further proceedings
for up to 15 days to determine whether the person is suffering
from alcoholism.
(d) If he believes it will be of value in making his
determination, the district court judge may direct an alcoholism
court counselor, if available, to conduct a prehearing review of
the alleged alcoholic's drinking history in order to gather
additional information as to whether the defendant is suffering
from alcoholism. (1977, 2nd Sess., c. 1134, s. 1; 1981, c. 519,
s. 1.)
§14-446. Disposition of defendant acquitted because of
alcoholism.
If a defendant is found not guilty of being intoxicated and
disruptive in a public place because he suffers from alcoholism,
the court in which he was tried may retain jurisdiction over him
for up to 15 days to determine whether he is a substance abuser
and dangerous to himself or others as provided in G.S. 122C-281.
The trial judge may make that determination at the time the
defendant is found not guilty or he may require the defendant to
return to court for the determination at some later time within
the 15-day period. (1977, 2nd Sess., c. 1134, s. 1; 1985, c. 589,
s. 6.)
§14-447. No prosecution for public intoxication.
(a) No person may be prosecuted solely for being intoxicated
in a public place. A person who is intoxicated in a public place
and is not disruptive may be assisted as provided in G.S. 122C-
301.
(b) If, after arresting a person for being intoxicated and
disruptive in a public place, the law-enforcement officer making
the arrest determines that the person would benefit from the care
of a shelter or health-care facility as provided by G.S.
122C-301, and that he would not likely be disruptive in such a
facility, the officer may transport and release the person to the
appropriate facility and issue him a citation for the offense of
being intoxicated and disruptive in a public place. This
authority to arrest and then issue a citation is granted as an
exception to the requirements of G.S. 15A-501(2). (1977, 2nd
Sess., c. 1134, s. 1; 1981, c. 519, s. 2; 1985, c. 589, s. 7.)
ARTICLE 60.
Computer-Related Crime.
§ 14-453. Definitions.
As used in this Article, unless the context clearly requires
otherwise, the following terms have the meanings specified:
(1) "Access" means to instruct, communicate with,
cause input, cause output, cause data processing, or otherwise
make use of any resources of a computer, computer system, or
computer network.
(1a) "Authorization" means having the consent or
permission of the owner, or of the person licensed or authorized
by the owner to grant consent or permission to access a computer,
computer system, or computer network in a manner not exceeding
the consent or permission.
(1b) "Commercial electronic mail" means messages
sent and received electronically consisting of commercial
advertising material, the principal purpose of which is to
promote the for-profit sale or lease of goods or services to the
recipient.
(2) "Computer" means an internally programmed,
automatic device that performs data processing or telephone
switching.
(3) "Computer network" means the interconnection of
communication systems with a computer through remote terminals,
or a complex consisting of two or more interconnected computers
or telephone switching equipment.
(4) "Computer program" means an ordered set of data
that are coded instructions or statements that when executed by a
computer cause the computer to process data.
(4a) "Computer services" means computer time or
services, including data processing services, Internet services,
electronic mail services, electronic message services, or
information or data stored in connection with any of these
services.
(5) "Computer software" means a set of computer
programs, procedures and associated documentation concerned with
the operation of a computer, computer system, or computer
network.
(6) "Computer system" means at least one computer
together with a set of related, connected, or unconnected
peripheral devices.
(6a) "Data" means a representation of information,
facts, knowledge, concepts, or instructions prepared in a
formalized or other manner and intended for use in a computer,
computer system, or computer network. Data may be embodied in any
form including, but not limited to, computer printouts, magnetic
storage media, and punch cards, or may be stored internally in
the memory of a computer.
(6b) "Electronic mail service provider" means any
person who (i) is an intermediary in sending or receiving
electronic mail and (ii) provides to end users of electronic mail
services the ability to send or receive electronic mail.
(7) "Financial instrument" includes any check,
draft, money order, certificate of deposit, letter of credit,
bill of exchange, credit card or marketable security, or any
electronic data processing representation thereof.
(8) "Property" includes financial instruments,
information, including electronically processed or produced data,
and computer software and computer programs in either machine or
human readable form, and any other tangible or intangible item of
value.
(8a) "Resource" includes peripheral devices,
computer software, computer programs, and data, and means to be a
part of a computer, computer system, or computer network.
(9) "Services" includes computer time, data
processing and storage functions.
(10) "Unsolicited" means not addressed to a
recipient with whom the initiator has an existing business or
personal relationship and not sent at the request of, or with the
express consent of, the recipient. (1979, c. 831, s. 1; 1993
(Reg. Sess., 1994), c. 764, s. 1; 1999-212, s. 2.)
§ 14-454. (See note) Accessing computers.
(a) It is unlawful to willfully, directly or indirectly,
access or cause to be accessed any computer, computer system,
computer network, or any part thereof, for the purpose of:
(1) Devising or executing any scheme or artifice to
defraud, unless the object of the scheme or artifice is to obtain
educational testing material, a false educational testing score,
or a false academic or vocational grade, or
(2) Obtaining property or services other than
educational testing material, a false educational testing score,
or a false academic or vocational grade for a person, by means of
false or fraudulent pretenses, representations or promises.
A violation of this subsection is a Class G felony if the
fraudulent scheme or artifice results in damage of more than one
thousand dollars ($1,000), or if the property or services
obtained are worth more than one thousand dollars ($1,000). Any
other violation of this subsection is a Class 1 misdemeanor.
(b) Any person who willfully and without authorization,
directly or indirectly, accesses or causes to be accessed any
computer, computer system, or computer network for any purpose
other than those set forth in subsection (a) above, is guilty of
a Class 1 misdemeanor.
(c) For the purpose of this section, the term "accessing or
causing to be accessed" includes introducing, directly or
indirectly, a computer program (including a self-replicating or a
self-propagating computer program) into a computer, computer
system, or computer network. (1979, c. 831, s. 1; 1979, 2nd
Sess., c. 1316, s. 19; 1981, cc. 63, 179; 1993, c. 539, s. 293;
1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c.
764, s. 1.)
§ 14-455. Damaging computers, computer systems,
computer networks, and resources.
(a) It is unlawful to willfully and without authorization
alter, damage, or destroy a computer, computer system, computer
network, or any part thereof. A violation of this subsection is a
Class G felony if the damage caused by the alteration, damage, or
destruction is more than one thousand dollars ($1,000). Any other
violation of this subsection is a Class 1 misdemeanor.
(b) This section applies to alteration, damage, or
destruction effectuated by introducing, directly or indirectly, a
computer program (including a self-replicating or a self-
propagating computer program) into a computer, computer system,
or computer network. (1979, c. 831, s. 1; 1979, 2nd Sess., c.
1316, s. 20; 1981, cc. 63, 179; 1993, c. 539, s. 294; 1994, Ex.
Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 764, s. 1;
1995, c. 509, s. 12.)
§ 14-456. Denial of computer services to an
authorized user.
(a) Any person who willfully and without authorization
denies or causes the denial of computer, computer system, or
computer network services to an authorized user of the computer,
computer system, or computer network services is guilty of a
Class 1 misdemeanor.
(b) This section also applies to denial of services
effectuated by introducing, directly or indirectly, a computer
program (including a self-replicating or a self-propagating
computer program) into a computer, computer system, or computer
network. (1979, c. 831, s. 1; 1993, c. 539, s. 295; 1994, Ex.
Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 764, s. 1.)
§14-457. Extortion.
Any person who verbally or by a written or printed
communication, maliciously threatens to commit an act described
in G.S. 14-455 with the intent to extort money or any pecuniary
advantage, or with the intent to compel any person to do or
refrain from doing any act against his will, is guilty of a Class
H felony. (1979, c. 831, s. 1; 1979, 2nd Sess., c. 1316, s. 21.)
§ 14-458. Computer trespass; penalty.
(a) It shall be unlawful for any person to use a computer
or computer network without authority and with the intent to do
any of the following:
(1) Temporarily or permanently remove, halt, or
otherwise disable any computer data, computer programs, or
computer software from a computer or computer network.
(2) Cause a computer to malfunction, regardless of
how long the malfunction persists.
(3) Alter or erase any computer data, computer
programs, or computer software.
(4) Cause physical injury to the property of
another.
(5) Make or cause to be made an unauthorized copy,
in any form, including, but not limited to, any printed or
electronic form of computer data, computer programs, or computer
software residing in, communicated by, or produced by a computer
or computer network.
(6) Falsely identify with the intent to deceive or
defraud the recipient or forge commercial electronic mail
transmission information or other routing information in any
manner in connection with the transmission of unsolicited bulk
commercial electronic mail through or into the computer network
of an electronic mail service provider or its subscribers.
For purposes of this subsection, a person is "without
authority" when (i) the person has no right or permission of the
owner to use a computer, or the person uses a computer in a
manner exceeding the right or permission, or (ii) the person uses
a computer or computer network, or the computer services of an
electronic mail service provider to transmit unsolicited bulk
commercial electronic mail in contravention of the authority
granted by or in violation of the policies set by the electronic
mail service provider.
(b) Any person who violates this section shall be guilty of
computer trespass, which offense shall be punishable as a Class 3
misdemeanor. If there is damage to the property of another and
the damage is valued at less than two thousand five hundred
dollars ($2,500) caused by the person's act in violation of this
section, the offense shall be punished as a Class 1 misdemeanor.
If there is damage to the property of another valued at two
thousand five hundred dollars ($2,500) or more caused by the
person's act in violation of this section, the offense shall be
punished as a Class I felony.
(c) Any person whose property or person is injured by
reason of a violation of this section may sue for and recover any
damages sustained and the costs of the suit pursuant to G.S. 1-
539.2A. (1999-212, s. 3.)
ARTICLE 61.
Trains and Railroads.
§ 14-460. Riding on train unlawfully.
If any person, with the intention of being transported free
in violation of law, rides or attempts to ride on top of any car,
coach, engine, or tender, on any railroad in this State, or on
the drawheads between cars, or under cars, on truss rods, or
trucks, or in any freight car, or on a platform of any baggage
car, express car, or mail car on any train, he shall be guilty of
a Class 3 misdemeanor. (1998-128, s. 12.)
§ 14-461. Unauthorized manufacture or sale of
switch-lock keys a misdemeanor.
It shall be unlawful for any person to make, manufacture,
sell, or give away to any other person any duplicate key to any
lock used by any railroad company in this State on its switches
or switch tracks, except upon the written order of that officer
of such railroad company whose duty it is to distribute and issue
switch-lock keys to the employees of such railroad company. Any
person violating the provisions of this section shall be guilty
of a Class 1 misdemeanor. (1998-128, s. 12.)