reglab/housing_qa huggingface dataset:
NC Gen Stat § 15A-1340.16C (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.16C - Enhanced sentence if defendant is convicted of a felony and the defendant was wearing or had in his or her immediate possession a bullet-proof vest during the commission of the felony.

 15A-1340.16C. Enhanced sentence if defendant is convicted of a felony and the defendant was wearing or had in his or her immediate possession a bullet-proof vest during the commission of the felony.(a) If a person is convicted of a felony and it is found as provided in this section that the person wore or had in his or her immediate possession a bullet-proof vest at the time of the felony, then the person is guilty of a felony that is one class higher than the underlying felony for which the person was convicted.(b) Repealed by Session Laws 2003-378, s. 4, effective August 1, 2003.(b1) This section does not apply to law enforcement officers, unless the State proves beyond a reasonable doubt, pursuant to subsection (d) of this section, both of the following:(1) That the law enforcement officer was not performing or attempting to perform a law enforcement function.(2) That the law enforcement officer knowingly wore or had in his or her immediate possession a bulletproof vest at the time of the commission of the felony for the purpose of aiding the law enforcement officer in the commission of the felony.(c) An indictment or information for the felony shall allege in that indictment or information or in a separate indictment or information the facts set out in subsection (a) of this section. The pleading is sufficient if it alleges that the defendant committed the felony while wearing or having in the defendant's immediate possession a bulletproof vest. One pleading is sufficient for all felonies that are tried at a single trial.(d) The State shall prove the issue set out in subsection (a) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the felony unless the defendant pleads guilty or no contest to that issue. If the defendant pleads guilty or no contest to the felony but pleads not guilty to the issue set out in subsection (a) of this section, then a jury shall be impaneled to determine that issue.(e) Subsection (a) of this section does not apply if the evidence that the person wore or had in the person's immediate possession a bulletproof vest is needed to prove an element of the felony. (1999-263, s. 1; 2003-378, s. 4.)
NC Gen Stat § 15A-1340.16E (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.16E - Enhanced sentence for offenses committed by criminal gang members as a part of criminal gang activity.

 15A-1340.16E. Enhanced sentence for offenses committed by criminal gang members as a part of criminal gang activity.(a) Except as otherwise provided in subsection (b) of this section, if a person is convicted of any felony other than a Class A, B1, or B2 felony, and it is found that the offense was committed as part of criminal gang activity as defined in G.S. 14-50.16A(2), then the person shall be sentenced at a felony class level one class higher than the principal felony for which the person was convicted.(b) If subsection (a) of this section applies and the person is found to be a criminal gang leader or organizer as defined in G.S. 14-50.16A(3), the person shall be sentenced at a felony class level two classes higher than the principal felony for which the person was convicted.(c) No defendant sentenced pursuant to this section shall be sentenced at a level higher than a Class C felony. Any sentence imposed under this section shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced under this section.(d) An indictment or information for the felony shall allege in that indictment or information the facts that qualify the offense for an enhancement under this section. One pleading is sufficient for all felonies that are tried at a single trial.(e) The State shall prove the issues set out under subsection (a) or (b) of this section beyond a reasonable doubt. The issues shall be proven and found in the same manner as provided for aggravating factors in G.S. 15A-1340.16(a1), (a2), or (a3) as applicable.(f) This section shall not apply to any gang offense included under Article 13A of Chapter 14 of the General Statutes.  (2017-194, s. 5.)
NC Gen Stat § 15A-1340.19A (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.19A - Applicability.

 15A-1340.19A. Applicability.Notwithstanding the provisions of G.S. 14-17, a defendant who is convicted of first degree murder, and who was under the age of 18 at the time of the offense, shall be sentenced in accordance with this Part. For the purposes of this Part, "life imprisonment with parole" shall mean that the defendant shall serve a minimum of 25 years imprisonment prior to becoming eligible for parole.  (2012-148, s. 1.)
NC Gen Stat § 15A-1340.19B (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.19B - Penalty determination.

 15A-1340.19B. Penalty determination.(a) In determining a sentence under this Part, the court shall do one of the following:(1) If the sole basis for conviction of a count or each count of first degree murder was the felony murder rule, then the court shall sentence the defendant to life imprisonment with parole.(2) If the court does not sentence the defendant pursuant to subdivision (1) of this subsection, then the court shall conduct a hearing to determine whether the defendant should be sentenced to life imprisonment without parole, as set forth in G.S. 14-17, or a lesser sentence of life imprisonment with parole.(b) The hearing under subdivision (2) of subsection (a) of this section shall be conducted by the trial judge as soon as practicable after the guilty verdict is returned. The State and the defendant shall not be required to resubmit evidence presented during the guilt determination phase of the case. Evidence, including evidence in rebuttal, may be presented as to any matter that the court deems relevant to sentencing, and any evidence which the court deems to have probative value may be received.(c) The defendant or the defendant's counsel may submit mitigating circumstances to the court, including, but not limited to, the following factors:(1) Age at the time of the offense.(2) Immaturity.(3) Ability to appreciate the risks and consequences of the conduct.(4) Intellectual capacity.(5) Prior record.(6) Mental health.(7) Familial or peer pressure exerted upon the defendant.(8) Likelihood that the defendant would benefit from rehabilitation in confinement.(9) Any other mitigating factor or circumstance.(d) The State and the defendant or the defendant's counsel shall be permitted to present argument for or against the sentence of life imprisonment with parole. The defendant or the defendant's counsel shall have the right to the last argument.(e) The provisions of Article 58 of Chapter 15A of the General Statutes apply to proceedings under this Part.  (2012-148, s. 1.)
NC Gen Stat § 15A-1340.19C (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.19C - Sentencing; assignment for resentencing.

 15A-1340.19C. Sentencing; assignment for resentencing.(a) The court shall consider any mitigating factors in determining whether, based upon all the circumstances of the offense and the particular circumstances of the defendant, the defendant should be sentenced to life imprisonment with parole instead of life imprisonment without parole. The order adjudging the sentence shall include findings on the absence or presence of any mitigating factors and such other findings as the court deems appropriate to include in the order.(b) All motions for appropriate relief filed in superior court seeking resentencing under the provisions of this Part may be heard and determined in the trial division by any judge (i) who is empowered to act in criminal matters in the superior court district or set of districts as defined in G.S. 7A-41.1, in which the judgment was entered and (ii) who is assigned pursuant to this section to review the motion for appropriate relief and take the appropriate administrative action to dispense with the motion.(c) The judge who presided at the trial of the defendant is empowered to act upon the motion for appropriate relief even though the judge is in another district or even though the judge's commission has expired; however, if the judge who presided at the trial is still unavailable to act, the senior resident superior court judge shall assign a judge who is empowered to act under subsection (b) of this section.(d) All motions for appropriate relief filed in superior court seeking resentencing under the provisions of this Part shall, when filed, be referred to the senior resident superior court judge, who shall assign the motion as provided by this section for review and administrative action, including, as may be appropriate, dismissal, calendaring for hearing, entry of a scheduling order for subsequent events in the case, or other appropriate actions.  (2012-148, s. 1.)
NC Gen Stat § 15A-1340.19D (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.19D - Incidents of parole.

 15A-1340.19D. Incidents of parole.(a) Except as otherwise provided in this section, a defendant sentenced to life imprisonment with parole shall be subject to the conditions and procedures set forth in Article 85 of Chapter 15A of the General Statutes, including the notification requirement in G.S. 15A-1371(b)(3).(b) The term of parole for a person released from imprisonment from a sentence of life imprisonment with parole shall be five years and may not be terminated earlier by the Post-Release Supervision and Parole Commission.(c) A defendant sentenced to life imprisonment with parole who is paroled, and then violates a condition of parole and is returned to prison to serve the life sentence, shall not be eligible for parole for five years from the date of the return to confinement.(d) Life imprisonment with parole under this Part means that unless the defendant receives parole, the defendant shall remain imprisoned for the defendant's natural life.  (2012-148, s. 1.)
NC Gen Stat § 15A-1340.20 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.20 - Procedure and incidents of sentence of imprisonment for misdemeanors.

 15A-1340.20. Procedure and incidents of sentence of imprisonment for misdemeanors.(a) Application to Misdemeanors Only. - This Part applies to sentences imposed for misdemeanor convictions.(b) Procedure Generally; Term of Imprisonment. - A sentence imposed for a misdemeanor shall contain a sentence disposition specified for the class of offense and prior conviction level, and any sentence of imprisonment shall be within the range specified for the class of offense and prior conviction level, unless applicable statutes require otherwise. The kinds of sentence dispositions are active punishment, intermediate punishment, and community punishment. Except for the work and earned time credits authorized by G.S. 162-60, or earned time credits authorized by G.S. 15A-1355(c), if applicable, an offender whose sentence of imprisonment is activated shall serve each day of the term imposed.(c) Suspension of Sentence. - Unless otherwise provided, the court shall suspend a sentence of imprisonment if the class of offense and prior conviction level requires community or intermediate punishment as a sentence disposition.(c1) Active Punishment Exception. - The court may impose an active punishment for a class of offense and prior conviction level that does not otherwise authorize the imposition of an active punishment if the term of imprisonment is equal to or less than the total amount of time the offender has already spent committed to or in confinement in any State or local correctional, mental, or other institution as a result of the charge that culminated in the sentence.(d) Earned Time Authorization. - An offender sentenced to a term of imprisonment that is activated is eligible to receive earned time credit for misdemeanant offenders awarded by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or the custodian of a local confinement facility, pursuant to rules adopted in accordance with law and pursuant to G.S. 162-60. These rules and statute combined shall not award misdemeanant offenders more than four days of earned time credit per month of incarceration.  (1993, c. 538, s. 1; 1994, Ex. Sess., c. 24, s. 14(b); 1993 (Reg. Sess., 1994), c. 767, s. 1; 1997-79, s. 1; 2011-145, s. 19.1(h); 2017-186, s. 2(jjj).)
NC Gen Stat § 15A-1340.21 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.21 - Prior conviction level for misdemeanor sentencing.

 15A-1340.21. Prior conviction level for misdemeanor sentencing.(a) Generally. - The prior conviction level of a misdemeanor offender is determined by calculating the number of the offender's prior convictions that the court finds to have been proven in accordance with this section.(b) Prior Conviction Levels for Misdemeanor Sentencing. - The prior conviction levels for misdemeanor sentencing are:(1) Level I - 0 prior convictions.(2) Level II - At least 1, but not more than 4 prior convictions.(3) Level III - At least 5 prior convictions.In determining the prior conviction level, a prior offense may be included if it is either a felony or a misdemeanor at the time the offense for which the offender is being sentenced is committed.  (c) Proof of Prior Convictions. - A prior conviction shall be proved by any of the following methods:(1) Stipulation of the parties.(2) An original or copy of the court record of the prior conviction.(3) A copy of records maintained by the Department of Public Safety, the Division of Motor Vehicles, or of the Administrative Office of the Courts.(4) Any other method found by the court to be reliable.The State bears the burden of proving, by a preponderance of the evidence, that a prior conviction exists and that the offender before the court is the same person as the offender named in the prior conviction. The original or a copy of the court records or a copy of the records maintained by the Department of Public Safety, the Division of Motor Vehicles, or of the Administrative Office of the Courts, bearing the same name as that by which the offender is charged, is prima facie evidence that the offender named is the same person as the offender before the court, and that the facts set out in the record are true. For purposes of this subsection, "copy" includes a paper writing containing a reproduction of a record maintained electronically on a computer or other data processing equipment, and a document produced by a facsimile machine. Evidence presented by either party at trial may be utilized to prove prior convictions. Suppression of prior convictions is pursuant to G.S. 15A-980. If a motion is made pursuant to that section during the sentencing stage of the criminal action, the court may grant a continuance of the sentencing hearing.(d) Multiple Prior Convictions Obtained in One Court Week. - For purposes of this section, if an offender is convicted of more than one offense in a single session of district court, or in a single week of superior court or of a court in another jurisdiction, only one of the convictions may be used to determine the prior conviction level.  (1993, c. 538, s. 1; 1994, Ex. Sess., c. 24, s. 14(b); 1993 (Reg. Sess., 1994), c. 767, s. 13.1; 1997-80, s. 8; 2014-100, s. 17.1(q).)
NC Gen Stat § 15A-1340.22 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.22 - Multiple convictions.

 15A-1340.22. Multiple convictions.(a) Limits on Consecutive Sentences. - If the court elects to impose consecutive sentences for two or more misdemeanors and the most serious misdemeanor is classified in Class A1, Class 1, or Class 2, the cumulative length of the sentences of imprisonment shall not exceed twice the maximum sentence authorized for the class and prior conviction level of the most serious offense. Consecutive sentences shall not be imposed if all convictions are for Class 3 misdemeanors.(b) Consolidation of Sentences. - If an offender is convicted of more than one offense at the same session of court, the court may consolidate the offenses for judgment and impose a single judgment for the consolidated offenses. Any sentence imposed shall be consistent with the appropriate prior conviction level of the most serious offense. (1993, c. 538, s. 1; 1994, Ex. Sess., c. 24, s. 14(b); 1995 (Reg. Sess., 1996), c. 742, s. 16.)
NC Gen Stat § 15A-1340.23 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81B - Structured Sentencing of Persons Convicted of Crimes.|§ 15A-1340.23 - Punishment limits for each class of offense and prior conviction level.

 15A-1340.23. Punishment limits for each class of offense and prior conviction level.(a) Offense Classification; Default Classifications. - The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a misdemeanor for which there is no classification, it is as classified in G.S. 14-3.(b) Fines. - Any judgment that includes a sentence of imprisonment may also include a fine. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. If a community punishment is authorized, the judgment may consist of a fine only. Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor. The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is in the discretion of the court.(c) Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. - Unless otherwise provided for a specific offense, the authorized punishment for each class of offense and prior conviction level is as specified in the chart below. Prior conviction levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offenses are indicated by the Arabic numbers placed vertically on the left side of the chart. Each grid on the chart contains the following components:(1) A sentence disposition or dispositions: "C" indicates that a community punishment is authorized; "I" indicates that an intermediate punishment is authorized; and "A" indicates that an active punishment is authorized; and(2) A range of durations for the sentence of imprisonment: any sentence within the duration specified is permitted.   PRIOR CONVICTION LEVELS  MISDEMEANOR   OFFENSE  LEVEL I  LEVEL II  LEVEL III   CLASS  No Prior  One to Four Prior  Five or More   Convictions  Convictions  Prior Convictions      A1  1-60 days C/I/A  1-75 days C/I/A  1-150 days C/I/A   1  1-45 days C  1-45 days C/I/A  1-120 days C/I/A   2  1-30 days C  1-45 days C/I  1-60 days C/I/A   3  1-10 days C  1-20 days C/I/A.   1-15 days C   if one to three prior convictions   1-15 days C/I if four prior convictions  (d) Fine Only for Certain Class 3 Misdemeanors. - Unless otherwise provided for a specific offense, the judgment for a person convicted of a Class 3 misdemeanor who has no more than three prior convictions shall consist only of a fine. (1993, c. 538, s. 1; 1994, Ex. Sess., c. 24, s. 14(b); 1995, c. 507, s. 19.5(g); 2013-360, s. 18B.13(a).)
NC Gen Stat § 15A-1340.34 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81C - Restitution.|§ 15A-1340.34 - Restitution generally.

 15A-1340.34. Restitution generally.(a) When sentencing a defendant convicted of a criminal offense, the court shall determine whether the defendant shall be ordered to make restitution to any victim of the offense in question. For purposes of this Article, the term "victim" means a person directly and proximately harmed as a result of the defendant's commission of the criminal offense.(b) If the defendant is being sentenced for an offense for which the victim is entitled to restitution under Article 46 of this Chapter, the court shall, in addition to any penalty authorized by law, require that the defendant make restitution to the victim or the victim's estate for any injuries or damages arising directly and proximately out of the offense committed by the defendant. If the defendant is placed on probation or post-release supervision, any restitution ordered under this subsection shall be a condition of probation as provided in G.S. 15A-1343(d) or a condition of post-release supervision as provided in G.S. 148-57.1.(c) When subsection (b) of this section does not apply, the court may, in addition to any other penalty authorized by law, require that the defendant make restitution to the victim or the victim's estate for any injuries or damages arising directly and proximately out of the offense committed by the defendant. (1998-212, s. 19.4(d).)
NC Gen Stat § 15A-1340.35 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 81C - Restitution.|§ 15A-1340.35 - Basis for restitution.

 15A-1340.35. Basis for restitution.(a) In determining the amount of restitution, the court shall consider the following:(1) In the case of an offense resulting in bodily injury to a victim:a. The cost of necessary medical and related professional services and devices or equipment relating to physical, psychiatric, and psychological care required by the victim;b. The cost of necessary physical and occupational therapy and rehabilitation required by the victim; andc. Income lost by the victim as a result of the offense.(2) In the case of an offense resulting in the damage, loss, or destruction of property of a victim of the offense:a. Return of the property to the owner of the property or someone designated by the owner; orb. If return of the property under sub-subdivision (2)a. of this subsection is impossible, impracticable, or inadequate:1. The value of the property on the date of the damage, loss, or destruction; or2. The value of the property on the date of sentencing, less the value of any part of the property that is returned.(3) Any measure of restitution specifically provided by law for the offense committed by the defendant.(4) In the case of an offense resulting in bodily injury that results in the death of the victim, the cost of the victim's necessary funeral and related services, in addition to the items set out in subdivisions (1), (2), and (3) of this subsection.(b) The court may require that the victim or the victim's estate provide admissible evidence that documents the costs claimed by the victim or the victim's estate under this section. Any such documentation shall be shared with the defendant before the sentencing hearing. (1998-212, s. 19.4(d).)