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 14-1.1:  Repealed by Session Laws 1993, c. 538,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 14-2:  Repealed by Session Laws 1993, c. 538, s.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 14-2.1:  Repealed by Session Laws 1993, c. 538,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.)