reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 8 - Assaults. › § 14-34.7 - Certain assaults on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or on a person employed at a State or local detention facility; penalty.

§ 14-34.7. Certain assaults on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or on a person employed at a State or local detention facility; penalty.
(a) Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class E 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.
(a1) Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class E felony if the person assaults a member of the North Carolina National Guard while he or she is discharging or attempting to discharge his or her official duties and inflicts serious bodily injury on the member.
(b) Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class E felony if the person 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.
(c) Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class H felony if the person does any of the following:
(1) 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 physical injury on the officer.
(2) 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 physical injury on the employee.
(3) Assaults a member of the North Carolina National Guard while he or she is discharging or attempting to discharge his or her official duties and inflicts physical injury on the member.
For the purposes of this subsection, "physical injury" includes cuts, scrapes, bruises, or other physical injury which does not constitute serious injury. (1996, 2nd Ex. Sess., c. 18, s. 20.14B(a); 1997-443, s. 19.25(hh); 2001-487, s. 41; 2011-356, s. 1; 2015-74, s. 1; 2023-76, s. 6.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 8 - Assaults. › § 14-34.8 - Criminal use of laser device.

§ 14-34.8. Criminal use of laser device.
(a) The following definitions apply in this section:
(1) Laser. – Light amplification by stimulated emission of radiation.
(2) Law enforcement agency animal. – As defined in G.S. 14-163.1.
(3) Search and rescue animal. – As defined in G.S. 14-163.1.
(b) It is unlawful to intentionally point a laser device while the device is emitting a laser beam at:
(1) Any of the following while the person is in the performance of his or her duties:
a. A law enforcement officer.
b. A probation or parole officer.
c. A person whose employment duties include the custody, transportation, or management of persons who are detained or confined to a detention facility, youth development center, or correctional institution operated under the jurisdiction of the State or a local government.
d. A firefighter.
e. An emergency medical technician or other emergency health care provider.
f. A member of the North Carolina National Guard.
g. A member of any branch of the Armed Forces of the United States.
h. Court counselors whose employment duties include intake, probation, post-release supervision, and court supervision services of juveniles.
(2) The head or face of any person not covered under subdivision (1) of this subsection.
(3) A law enforcement agency animal or a search and rescue animal while the animal is in the performance of its duty.
(c) A violation of subdivision (1) of subsection (b) of this section is a Class I felony. A violation of subdivision (3) of subsection (b) of this section is a Class A1 misdemeanor if the law enforcement agency animal or the search and rescue animal is caused "harm" as that term is defined by G.S. 14-163.1. Any other violation of subsection (b) 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; 2023-76, s. 3.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 8 - Assaults. › § 14-34.9 - Discharging a firearm from within an enclosure.

§ 14-34.9. Discharging a firearm from within an enclosure.
Unless covered under some other provision of law providing greater punishment, any person who willfully or wantonly discharges or attempts to discharge a firearm, as a part of criminal gang activity, from within any building, structure, motor vehicle, or other conveyance, erection, or enclosure toward a person or persons not within that enclosure shall be punished as a Class E felon. (2008-214, s. 2; 2017-194, s. 6.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 8 - Assaults. › § 14-34.10 - Discharge firearm within enclosure to incite fear.

§ 14-34.10. Discharge firearm within enclosure to incite fear.
Unless covered under some other provision of law providing greater punishment, any person who willfully or wantonly discharges or attempts to discharge a firearm within any occupied building, structure, motor vehicle, or other conveyance, erection, or enclosure with the intent to incite fear in another shall be punished as a Class F felon. (2013-144, s. 1.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 9 - Hazing. › § 14-35 - Hazing; definition and punishment.

§ 14-35. Hazing; definition and punishment.
It is unlawful for any student in attendance at any university, college, or school in this State to engage in 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 subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group." 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); 2003-299, s. 1.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 9 - Hazing. › § 14-38 - Witnesses in hazing trials; no indictment to be founded on self-criminating testimony.

§ 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.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10 - Kidnapping and Abduction. › § 14-39 - Kidnapping.

§ 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. 14-43.12.
(5) Trafficking another person with the intent that the other person be held in involuntary servitude or sexual servitude in violation of G.S. 14-43.11.
(6) Subjecting or maintaining such other person for sexual servitude in violation of G.S. 14-43.13.
(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; 2006-247, s. 20(c).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10 - Kidnapping and Abduction. › § 14-40 - Enticing minors out of the State for the purpose of employment.

§ 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).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10 - Kidnapping and Abduction. › § 14-41 - Abduction of children.

§ 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.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10 - Kidnapping and Abduction. › § 14-43.1 - Unlawful arrest by officers from other states.

§ 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).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10 - Kidnapping and Abduction. › § 14-43.3 - Felonious restraint.

§ 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).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10A - Human Trafficking. › § 14-43.10 - Definitions.

§ 14-43.10. Definitions.
(a) Definitions. – The following definitions apply in this Article:
(1) Coercion. – The term includes all of the following:
a. Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person.
b. Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule.
c. Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person.
d. Providing a controlled substance, as defined by G.S. 90-87, to a person.
(2) Deception. – The term includes all of the following:
a. Creating or confirming another's impression of an existing fact or past event that is false and which the accused knows or believes to be false.
b. Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of such debt.
c. Promising benefits or the performance of services that the accused does not intend to deliver or perform or knows will not be delivered or performed.
(3) Involuntary servitude. – The term includes the following:
a. The performance of labor, whether or not for compensation, or whether or not for the satisfaction of a debt; and
b. By deception, coercion, or intimidation using violence or the threat of violence or by any other means of coercion or intimidation.
(4) Minor. – A person who is less than 18 years of age.
(5) Sexual servitude. – The term includes the following:
a. Any sexual activity as defined in G.S. 14-190.13 for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or
b. Any sexual activity as defined in G.S. 14-190.13 that is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years.
(6) Victim. – Unless the context requires otherwise, a person subjected to the practices set forth in G.S. 14-43.11, 14-43.12, or 14-43.13.
(b) Reserved. (2006-247, s. 20(b); 2018-75, s. 1; 2018-145, s. 11(e).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10A - Human Trafficking. › § 14-43.11 - Human trafficking.

§ 14-43.11. Human trafficking.
(a) A person commits the offense of human trafficking when that person (i) knowingly or in reckless disregard of the consequences of the action recruits, entices, harbors, transports, provides, patronizes, solicits, or obtains by any means another person with the intent that the other person be held in involuntary servitude or sexual servitude or (ii) willfully or in reckless disregard of the consequences of the action causes a minor to be held in involuntary servitude or sexual servitude.
(b) A person who violates this section is guilty of a Class C felony if the victim of the offense is an adult. A person who violates this section is guilty of a Class B2 felony if the victim of the offense is a minor.
(c) Each violation of this section constitutes a separate offense and shall not merge with any other offense. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this section.
(c1) Mistake of age is not a defense to prosecution under this section. Consent of a minor is not a defense to prosecution under this section.
(d) A person who is not a legal resident of North Carolina, and would consequently be ineligible for State public benefits or services, shall be eligible for the public benefits and services of any State agency if the person is otherwise eligible for the public benefit and is a victim of an offense charged under this section. Eligibility for public benefits and services shall terminate at such time as the victim's eligibility to remain in the United States is terminated under federal law. (2006-247, s. 20(b); 2007-547, s. 1; 2013-368, s. 1; 2017-151, s. 1; 2023-71, s. 3(a).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10A - Human Trafficking. › § 14-43.12 - Involuntary servitude.

§ 14-43.12. Involuntary servitude.
(a) A person commits the offense of involuntary servitude when that person knowingly and willfully or in reckless disregard of the consequences of the action holds another in involuntary servitude.
(b) A person who violates this section is guilty of a Class F felony if the victim of the offense is an adult. A person who violates this section is guilty of a Class C felony if the victim of the offense is a minor.
(c) Each violation of this section constitutes a separate offense and shall not merge with any other offense. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this section.
(c1) Mistake of age is not a defense to prosecution under this section. Consent of a minor is not a defense to prosecution under this section.
(d) Nothing in this section shall be construed to affect the laws governing the relationship between an unemancipated minor and his or her parents or legal guardian.
(e) If any person reports a violation 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, ch. 746, s. 1; 1993, c. 539, ss. 23, 1146; 1994, Ex. Sess., c. 24, s. 14(c); 2006-247, s. 20(b); 2013-368, s. 2.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10A - Human Trafficking. › § 14-43.13 - Sexual servitude.

§ 14-43.13. Sexual servitude.
(a) A person commits the offense of sexual servitude when that person knowingly or in reckless disregard of the consequences of the action subjects, maintains, patronizes, solicits, or obtains another for the purposes of sexual servitude.
(b) A person who violates this section is guilty of a Class D felony if the victim of the offense is an adult. A person who violates this section is guilty of a Class C felony if the victim of the offense is a minor.
(b1) Mistake of age is not a defense to prosecution under this section. Consent of a minor is not a defense to prosecution under this section.
(c) Each violation of this section constitutes a separate offense and shall not merge with any other offense. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this section. (2006-247, s. 20(b); 2013-368, s. 3; 2019-158, s. 1(a); 2023-71, s. 3(b).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10A - Human Trafficking. › § 14-43.14 - Unlawful sale, surrender, or purchase of a minor.

§ 14-43.14. Unlawful sale, surrender, or purchase of a minor.
(a) A person commits the offense of unlawful sale, surrender, or purchase of a minor when that person, acting with willful or reckless disregard for the life or safety of a minor, participates in any of the following: the acceptance, solicitation, offer, payment, or transfer of any compensation, in money, property, or other thing of value, at any time, by any person in connection with the unlawful acquisition or transfer of the physical custody of a minor, except as ordered by the court. This section does not apply to actions that are ordered by a court, authorized by statute, or otherwise lawful.
(b) A person who violates this section is guilty of a Class F felony and shall pay a minimum fine of five thousand dollars ($5,000). For each subsequent violation, a person is guilty of a Class F felony and shall pay a minimum fine of ten thousand dollars ($10,000).
(c) A minor whose parent, guardian, or custodian has sold or attempted to sell a minor in violation of this Article is an abused juvenile as defined by G.S. 7B-101(1). The court may place the minor in the custody of the Department of Social Services or with such other person as is in the best interest of the minor.
(d) A violation of this section is a lesser included offense of G.S. 14-43.11.
(e) When a person is convicted of a violation of this section, the sentencing court shall consider whether the person is a danger to the community and whether requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that the person is a danger to the community and that the person shall register, then an order shall be entered requiring the person to register. (2012-153, s. 1.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10A - Human Trafficking. › § 14-43.15 - Minor victims.

§ 14-43.15. Minor victims.
Any minor victim of a violation of G.S. 14-43.11, 14-43.12, or 14-43.13 shall be alleged to be abused and neglected and the provisions of Subchapter I of Chapter 7B of the General Statutes shall apply. (2018-68, s. 8.1(c); 2019-177, s. 3.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10A - Human Trafficking. › § 14-43.16 - Affirmative defense.

§ 14-43.16. Affirmative defense.
(a) Affirmative Defense. – It is an affirmative defense to a prosecution under this Article that the person charged with the offense was a victim at the time of the offense and was coerced or deceived into committing the offense as a direct result of the person's status as a victim.
(b) Construction. – Nothing in this section shall be construed to limit or abrogate any other affirmative defense to a prosecution under this Article available to a person by statute or common law. (2018-75, s. 2(a); 2018-145, s. 11(a).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10A - Human Trafficking. › § 14-43.17 - Victim confidentiality; penalty for unlawful disclosure.

§ 14-43.17. Victim confidentiality; penalty for unlawful disclosure.
(a) Confidentiality Requirement. – Except as otherwise provided in subsections (b) and (d) of this section, the name, address, or other information that reasonably could be expected to lead directly to the identity of any of the following, is confidential and shall not be considered a public record as that term is defined in G.S. 132-1:
(1) A victim.
(2) An alleged victim.
(3) An immediate family member of a victim or alleged victim. For purposes of this subdivision, the term "immediate family member" means a spouse, child, sibling, parent, grandparent, grandchild, or the spouse of an immediate family member. This term includes stepparents, stepchildren, stepsiblings, and adoptive relationships.
(b) Exceptions. – Information subject to the confidentiality requirement set forth in subsection (a) of this section may be disclosed only for the following purposes:
(1) For use in a law enforcement investigation or criminal prosecution.
(2) To ensure the provision of medical care, housing, or family services or benefits to any of the persons listed in subdivisions (1) through (3) of subsection (a) of this section.
(3) Upon written request by any of the persons listed in subdivisions (1) through (3) of subsection (a) of this section.
(4) As required by federal law or court order.
(c) Penalty. – A person who knowingly violates subsection (a) of this section is guilty of a Class 3 misdemeanor.
(d) Court Records. – This section does not apply to records that have been made part of a court file in the custody of the General Court of Justice. (2018-75, s. 3(a); 2018-145, ss. 11(b), 23.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 10A - Human Trafficking. › § 14-43.18 - Civil cause of action; damages and attorneys' fees; limitation.

§ 14-43.18. Civil cause of action; damages and attorneys' fees; limitation.
(a) Cause of Action. – An individual who is a victim may bring a civil action against a person who violates this Article or a person who knowingly benefits financially or by receiving anything of value from participation in a venture which that person knew or should have known violates this Article.
(b) Relief and Damages. – The victim may seek and the court may award any or all of the following types of relief:
(1) An injunction to enjoin continued violation of this Article.
(2) Compensatory damages, which includes the following:
a. The greater of (i) the gross income or value to the defendant of the victim's labor; or (ii) value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA).
b. Any costs reasonably incurred by the victim for medical care, psychological treatment, temporary housing, transportation, and any other services designed to assist a victim in recovering from any injuries or loss resulting from a violation of this Article.
(3) General damages for noneconomic losses.
(c) Attorneys' Fees. – The court may award to the plaintiff and assess against the defendant the reasonable costs and expenses, including attorneys' fees, of the plaintiff in bringing an action pursuant to this section. If the court determines that the plaintiff's action is frivolous, it may award to the defendant and assess against the plaintiff the reasonable costs and expenses, including attorneys' fees, of the defendant in defending the action brought pursuant to this section.
(d) Stay Pending Criminal Action. – Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the plaintiff is the victim. The term "criminal action" includes investigation and prosecution and is pending until final adjudication in the trial court.
(e) Statute of Limitations. – No action may be maintained under subsection (a) of this section unless it is commenced no later than either of the following:
(1) Ten years after the cause of action arose.
(2) Ten years after the victim reaches 18 years of age if the victim was a minor at the time of the alleged offense.
(f) Jury Trial. – Parties to a civil action brought pursuant to this section shall have the right to a jury trial as provided under G.S. 1A-1, Rules of Civil Procedure. (2019-158, s. 3(a).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 11 - Abortion and Kindred Offenses. › § 14-44 - Using drugs or instruments to destroy unborn child.

§ 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; 1979, 2
nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c 179, s. 14.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 11 - Abortion and Kindred Offenses. › § 14-44.1 - Providing or advertising abortion-inducing drugs to pregnant woman.

§ 14-44.1. Providing or advertising abortion-inducing drugs to pregnant woman.
(a) Offense. – All of the following are unlawful:
(1) For any individual within the State, including a physician, an employee or contractor of a physician's office or clinic, or other abortion provider, or organization within the State, including a physician's office or clinic or other abortion provider, to mail, provide, or supply an abortion-inducing drug directly to a pregnant woman in violation of G.S. 90-21.83A(b)(2)a. Lack of knowledge or intent that the abortion-inducing drug will be administered outside the physical presence of a physician shall not be a defense to a violation of this subdivision.
(2) For any manufacturer or supplier of an abortion-inducing drug to ship or cause to be shipped any abortion-inducing drug directly to a pregnant woman in violation of G.S. 90-21.83A(b)(2)a. Lack of knowledge or intent that the abortion-inducing drug will be administered outside the physical presence of a physician shall not be a defense to a violation of this subdivision.
(3) For any individual or organization to purchase or otherwise procure an advertisement, host or maintain an internet website, or provide an internet service purposefully directed to a pregnant woman who is a resident of this State when the individual or organization knows that the purpose of the advertisement, website, or internet service is solely to promote the sale of an abortion-inducing drug to be administered to a woman in violation of G.S. 90-21.83A(b)(2)a.
(b) Punishment. – An individual or organization who violates this section commits an infraction as defined in G.S. 14-3.1 and is subject to a fine of five thousand dollars ($5,000) per violation.
(c) Definitions. – The following definitions apply in this section:
(1) Abortion-inducing drug. – As defined in G.S. 90-21.81(1a).
(2) Organization. – As defined in G.S. 15A-773(c). (2023-14, s. 1.3.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 11 - Abortion and Kindred Offenses. › § 14-45 - Using drugs or instruments to produce miscarriage or injure pregnant woman.

§ 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; 1979, 2
nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 11 - Abortion and Kindred Offenses. › § 14-46 - Concealing birth of child.

§ 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 James 1, 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).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 11 - Abortion and Kindred Offenses. › § 14-46.1 - Prohibit sale of the remains of an unborn child resulting from an abortion or miscarriage.

§ 14-46.1. Prohibit sale of the remains of an unborn child resulting from an abortion or miscarriage.
(a) No person shall sell the remains of an unborn child resulting from an abortion or a miscarriage or any aborted or miscarried material.
(b) For purposes of this section, the term "sell" shall mean the transfer from one person to another in exchange for any consideration whatsoever. The term shall not include payment for incineration, burial, cremation, or any services performed pursuant to G.S. 130A-131.10(f).
(c) A person convicted of a violation of this section is guilty of a Class I felony. (2015-265, s. 2.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 12 - Libel and Slander. › § 14-47 - Communicating libelous matter to newspapers.

§ 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).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13 - Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material. › § 14-49 - Malicious use of explosive or incendiary; punishment.

§ 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.
(b2) Any person who willfully and maliciously damages, aids, counsels, or procures the damaging 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 entity 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, effective October 1, 1994. (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; 2003-392, s. 3(c).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13 - Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material. › § 14-49.1 - Malicious damage of occupied property by use of explosive or incendiary; punishment.

§ 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).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13 - Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material. › § 14-50.1 - Explosive or incendiary device or material defined.

§ 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.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.15 - Short title.

§ 14-50.15. Short title.
This Article shall be known and may be cited as the "North Carolina Criminal Gang Suppression Act." (2008-214, s. 3; 2017-194, s. 3.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.16A - Criminal gang activity.

§ 14-50.16A. Criminal gang activity.
Definitions. – The following definitions apply in this Article:
(1) Criminal gang. – Any ongoing organization, association, or group of three or more persons, whether formal or informal, that (i) has as one of its primary activities the commission of criminal or delinquent acts and (ii) shares a common name, identification, signs, symbols, tattoos, graffiti, attire, or other distinguishing characteristics, including common activities, customs, or behaviors. The term shall not include three or more persons associated in fact, whether formal or informal, who are not engaged in criminal gang activity.
(2) Criminal gang activity. – The commission of, attempted commission of, or solicitation, coercion, or intimidation of another person to commit (i) any offense under Article 5 of Chapter 90 of the General Statutes or (ii) any offense under Chapter 14 of the General Statutes except Article 9, 22A, 40, 46, or 59 thereof, and further excepting G.S. 14-82, 14-145, 14-183, 14-184, 14-186, 14-190.9, 14-247, 14-248, or 14-313 thereof, and either of the following conditions is met:
a. The offense is committed with the intent to benefit, promote, or further the interests of a criminal gang or for the purposes of increasing a person's own standing or position within a criminal gang.
b. The participants in the offense are identified as criminal gang members acting individually or collectively to further any criminal purpose of a criminal gang.
(3) Criminal gang leader or organizer. – Any criminal gang member who acts in any position of management with regard to the criminal gang and who meets two or more of the following criteria:
a. Exercises decision-making authority over matters regarding a criminal gang.
b. Participates in the direction, planning, organizing, or commission of criminal gang activity.
c. Recruits other gang members.
d. Receives a larger portion of the proceeds of criminal gang activity.
e. Exercises control and authority over other criminal gang members.
(4) Criminal gang member. – Any person who meets three or more of the following criteria:
a. The person admits to being a member of a criminal gang.
b. The person is identified as a criminal gang member by a reliable source, including a parent or a guardian.
c. The person has been previously involved in criminal gang activity.
d. The person has adopted symbols, hand signs, or graffiti associated with a criminal gang.
e. The person has adopted the display of colors or the style of dress associated with a criminal gang.
f. The person is in possession of or linked to a criminal gang by physical evidence, including photographs, ledgers, rosters, written or electronic communications, or membership documents.
g. The person has tattoos or markings associated with a criminal gang.
h. The person has adopted language or terminology associated with a criminal gang.
i. The person appears in any form of social media to promote a criminal gang. (2017-194, s. 4.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.17 - Soliciting; encouraging participation.

§ 14-50.17. Soliciting; encouraging participation.
(a) It is unlawful for any person to cause, encourage, solicit, or coerce a person 16 years of age or older to participate in criminal gang activity.
(b) A violation of this section is a Class H felony. (2008-214, s. 3; 2017-194, s. 7.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.18 - Soliciting; encouraging participation; minor.

§ 14-50.18. Soliciting; encouraging participation; minor.
(a) It is unlawful for any person to cause, encourage, solicit, or coerce a person under 16 years of age to participate in criminal gang activity.
(b) A violation of this section is a Class F felony.
(c) Nothing in this section shall preclude a person who commits a violation of this section from criminal culpability for the underlying offense committed by the minor under any other provision of law. (2008-214, s. 3; 2017-194, s. 8.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.19 - Intimidation to deter from gang withdrawal.

§ 14-50.19. Intimidation to deter from gang withdrawal.
(a) It is unlawful for any person to communicate a threat of injury to a person, or to damage the property of another, with the intent to deter a person from assisting another to withdraw from membership in a criminal gang.
(a1) It is unlawful for any person to injure a person with the intent to deter a person from assisting another to withdraw from membership in a criminal gang.
(b) A violation of subsection (a) of this section is a Class G felony. A violation of subsection (a1) of this section is a Class F felony. (2008-214, s. 3; 2017-194, s. 9.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.20 - Punishment or retaliation for gang withdrawal.

§ 14-50.20. Punishment or retaliation for gang withdrawal.
(a) It is unlawful for any person to communicate a threat of injury to a person, or to damage the property of another, as punishment or retaliation against a person for having withdrawn from a criminal gang.
(a1) It is unlawful for any person to injure a person as punishment or retaliation against a person for having withdrawn from a criminal gang.
(b) A violation of subsection (a) of this section is a Class G felony. A violation of subsection (a1) of this section is a Class F felony. (2008-214, s. 3; 2017-194, s. 10.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.21 - Separate offense.

§ 14-50.21. Separate offense.
Any offense committed in violation of G.S. 14-50.17 through G.S. 14-50.20 shall be considered a separate offense. (2008-214, s. 3; 2019-177, s. 4(a).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.22 - Enhanced offense for misdemeanor criminal gang activity.

§ 14-50.22. Enhanced offense for misdemeanor criminal gang activity.
A person age 15 or older who is convicted of a misdemeanor offense that is committed for the benefit of, at the direction of, or in association with, any criminal gang is guilty of an offense that is one class higher than the offense committed. A Class A1 misdemeanor shall be enhanced to a Class I felony under this section. (2008-214, s. 3; 2017-194, s. 11.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.23 - Contraband, seizure, and forfeiture.

§ 14-50.23. Contraband, seizure, and forfeiture.
(a) All property of every kind used or intended for use in the course of, derived from, or realized through criminal gang activity is subject to the seizure and forfeiture provisions of G.S. 14-2.3.
(b) In any action under this section, the court may enter a restraining order in connection with any interest that is subject to forfeiture.
(c) Innocent Activities. – The provisions of this section shall not apply to property used for criminal gang activity where the owner or person who has legal possession of the property does not have actual knowledge that the property is being used for criminal gang activity. (2008-214, s. 3; 2017-194, s. 12.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.25 - Reports of disposition; criminal gang activity.

§ 14-50.25. Reports of disposition; criminal gang activity.
When a defendant is found guilty of a criminal offense, other than an offense under G.S. 14-50.17 through G.S. 14-50.20, the presiding judge shall determine whether the offense involved criminal gang activity. If the judge so determines, then the judge shall indicate on the form reflecting the judgment that the offense involved criminal gang activity. The clerk of court shall ensure that the official record of the defendant's conviction includes a notation of the court's determination. (2008-214, s. 3; 2017-194, s. 13; 2019-177, s. 4(b).)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.26 - Matters proved in criminal trial court.

§ 14-50.26. Matters proved in criminal trial court.
A conviction of an offense defined as criminal gang activity shall preclude the defendant from contesting any factual matters determined in the criminal proceeding in any subsequent civil action or proceeding based on the same conduct. (2008-214, s. 3.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.27 - Local ordinances not preempted by State law.

§ 14-50.27. Local ordinances not preempted by State law.
Nothing in this Article shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence that are consistent with this Article. Where local laws duplicate or supplement the provisions of this Article, this Article shall be construed as providing alternative remedies and not as preempting the field. (2008-214, s. 3.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 13A - North Carolina Criminal Gang Suppression Act. › § 14-50.27A - Dissemination of criminal intelligence information.

§ 14-50.27A. Dissemination of criminal intelligence information.
A law enforcement agency may disseminate an assessment of criminal intelligence information to the principal of a school when necessary to avoid imminent danger to the life of a student or employee of the school or to the public school property pursuant to 28 C.F.R. § 23.20. The notification may be made in person or by telephone. As used in this subsection, the term "school" means any public or private school in the State under Chapter 115C of the General Statutes. (2009-93, s. 1.)