North Carolina Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
North Carolina criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for North Carolina
- How much theft is a felony
- Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony; where the value is not more than one thousand dollars ($1,000), it is a Class 1 misdemeanor. N.C. Gen. Stat. § 14-72(a)-(b)
- Stand your ground / duty to retreat
- North Carolina has a stand-your-ground statute. A person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily… N.C. Gen. Stat. § 14-51.3
- Criminal statutes of limitations
- Misdemeanors: the crimes of deceit and malicious mischief, petit larceny where the value does not exceed five dollars, and all misdemeanors except malicious misdemeanors shall be charged within two years after the commission of the same (§ 15-1(a)). N.C. Gen. Stat. § 15-1
- Marijuana possession
- Adult-use marijuana is not legal; possession is a crime. Possession of a Schedule VI controlled substance (marijuana) is a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended. N.C. Gen. Stat. § 90-95(d)(4); § 15A-1340.23(b)
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Felonies are graded Class A, B1, B2, C, D, E, F, G, H and I and sentenced under structured sentencing using a felony punishment chart: rows are offense classes and columns are prior record levels I through VI, and each cell gives aggravated, presumptive and mitigated ranges for the minimum term (§ 15A-1340.17(c)). Class A — 'Life Imprisonment With Parole or Without Parole, or Death, as Established by Statute.' For Class B1, the chart prescribes life imprisonment without parole in the highest prior-record cells. The maximum term is set from the minimum using statutory tables: for Classes F through I by the table in subsection (d); for Classes B1 through E by the table in subsection (e) (minimums up to 339 months), or, for minimums of 340 months or more, the minimum plus 20% of the minimum, rounded to the next highest month, plus 12 months (subsection (e1)); reportable sex offenses in Classes B1-E add 60 months instead (subsection (f)). Fines: any judgment that includes imprisonment 'may also include a fine'; unless otherwise provided, 'the amount of the fine is in the discretion of the court' (§ 15A-1340.17(b)). Cell-by-cell month ranges are in the chart at § 15A-1340.17(c); they were not transcribed here. Source: N.C. Gen. Stat. § 15A-1340.17 |
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| Misdemeanor classes and maximum penalties | Misdemeanors are Class A1, 1, 2 and 3, sentenced by class and prior conviction level (Level I no priors; Level II one to four; Level III five or more) (§ 15A-1340.23(c)). Class A1 — 1-60 days (Level I), 1-75 days (Level II), 1-150 days (Level III). Class 1 — 1-45 days, 1-45 days, 1-120 days. Class 2 — 1-30 days, 1-45 days, 1-60 days. Class 3 — 1-10 days (Level I), 1-15 days (Level II), 1-20 days (Level III). Fines: unless otherwise provided, the maximum fine is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor; the fine for a Class 1 or Class A1 misdemeanor is in the discretion of the court (§ 15A-1340.23(b)). A person convicted of a Class 3 misdemeanor who has no more than three prior convictions receives a fine only (§ 15A-1340.23(d)). The Class 3 Level II entry is split on the page: 1-15 days (community punishment) with one to three prior convictions, and 1-15 days (community/intermediate) with four prior convictions. Source: N.C. Gen. Stat. § 15A-1340.23 |
| How much theft is a felony | Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony; where the value is not more than one thousand dollars ($1,000), it is a Class 1 misdemeanor. Larceny is a felony regardless of value if it is from the person; committed pursuant to a violation of G.S. 14-51, 14-53, 14-54, 14-54.1 or 14-57; of an explosive or incendiary device or substance; of any firearm; of a record or paper in the custody of the North Carolina State Archives; or committed after at least four prior larceny-type convictions. Source: N.C. Gen. Stat. § 14-72(a)-(b) |
Self-defense
| Stand your ground / duty to retreat | North Carolina has a stand-your-ground statute. A person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another, or under the circumstances permitted by G.S. 14-51.2 (home, motor vehicle, workplace). A person who uses force as permitted is justified and is immune from civil or criminal liability for the use of such force, except against a law enforcement officer or bail bondsman lawfully acting in the performance of official duties who identified himself or herself as required, or whose status the person knew or reasonably should have known. Source: N.C. Gen. Stat. § 14-51.3 |
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| Castle doctrine (defending your home) | A lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm when using defensive force intended or likely to cause death or serious bodily harm, if the person against whom force was used was in the process of unlawfully and forcefully entering (or had entered) and the occupant knew or had reason to believe that was occurring (§ 14-51.2(b)). The presumption is rebuttable and does not apply in listed cases, including where the person against whom force is used has a right to be there (such as an owner or lessee with no protective order against them), is a child or grandchild or in the lawful custody of the defender, where the defender is engaged in a violent crime, against a lawfully acting officer or bail bondsman who identified themselves, or after the intruder has discontinued all efforts to unlawfully and forcefully enter and has exited (§ 14-51.2(c)). A person who unlawfully and by force enters or attempts to enter a home, motor vehicle or workplace is presumed to be doing so with the intent to commit an unlawful act involving force or violence (§ 14-51.2(d)). The occupant does not have a duty to retreat from an intruder (§ 14-51.2(f)) and is immune from civil or criminal liability for force used as permitted (§ 14-51.2(e)). Source: N.C. Gen. Stat. § 14-51.2 |
Charges, bail and your lawyer
| Criminal statutes of limitations | Misdemeanors: the crimes of deceit and malicious mischief, petit larceny where the value does not exceed five dollars, and all misdemeanors except malicious misdemeanors shall be charged within two years after the commission of the same (§ 15-1(a)). Misdemeanors under G.S. 7B-301(b), 14-27.33, 14-202.2, 14-318.2 and 14-318.6 shall be charged within 10 years of the commission of the crime (§ 15-1(b)). Felonies: the North Carolina Department of Justice states that 'there is no statute of limitations on felony crimes,' so felony charges may be brought at any time. Felony statement: N.C. Attorney General column (December 2019), https://ncdoj.gov/attorney-general-steins-column-protecting-north-carolinas-children-wherever-they-are/ Source: N.C. Gen. Stat. § 15-1 |
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| Bail and pretrial release | A judicial official (judge, clerk or magistrate) sets conditions of pretrial release, imposing at least one of: an unsecured appearance bond; custody of a designated person or organization agreeing to supervise the defendant; a secured appearance bond; or house arrest with electronic monitoring (which requires a secured bond). Release on a written promise to appear was repealed by Session Laws 2025-93. For defendants not charged with a violent offense, the official must impose an unsecured bond or custody release unless that will not reasonably assure appearance, will pose a danger of injury to any person, or is likely to result in destruction of evidence, subornation of perjury or intimidation of witnesses — in which case a secured bond or house arrest is imposed and the reasons recorded in writing. A defendant with three or more qualifying convictions in the previous 10 years must receive a secured bond or house arrest. For violent offenses there is a rebuttable presumption that no condition will reasonably assure appearance and safety. The official must review the criminal history and consider the nature and circumstances of the offense, the weight of the evidence, and the defendant's family ties, employment, financial resources, character, housing situation and mental condition, among other factors. Written reasons follow policies issued by the senior resident superior court judge (G.S. 15A-535(a)). Most recent amendment listed on the page: Session Laws 2025-97, s. 5.3(a). Source: N.C. Gen. Stat. § 15A-534 |
| Right to a public defender | An indigent person is entitled to appointed counsel in any case in which imprisonment, or a fine of five hundred dollars ($500.00), or more, is likely to be adjudged (§ 7A-451(a)(1)). The court — including the clerk of superior court — determines indigency, and counsel is appointed in accordance with rules adopted by the Office of Indigent Defense Services (§ 7A-452). In each trial-level criminal case where counsel is appointed, the judge orders an appointment fee of seventy-five dollars ($75.00), but no fee is due unless the person is convicted; the fee may not be remitted or revoked by the court, and inability, failure, or refusal to pay it shall not be grounds for denying appointment of counsel, withdrawal of counsel, or contempt (§ 7A-455.1). Eligibility statutes: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7A/GS_7A-451.html ; https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7A/GS_7A-452.html |
Other common questions
| Age of consent | Statutory rape of a person who is 15 years of age or younger: a Class B1 felony if the defendant engages in vaginal intercourse with another person who is 15 years of age or younger and the defendant is at least 12 years old and at least six years older than the person; a Class C felony if the defendant is at least 12 years old and more than four but less than six years older than the person — in each case 'except when the defendant is lawfully married to the person.' Source: N.C. Gen. Stat. § 14-27.25 |
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| Marijuana possession | Adult-use marijuana is not legal; possession is a crime. Possession of a Schedule VI controlled substance (marijuana) is a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended. If the quantity exceeds one-half of an ounce of marijuana or one-twentieth of an ounce of hashish, it is punishable as a Class 1 misdemeanor. If the quantity exceeds one and one-half ounces of marijuana or three-twentieths of an ounce of hashish, or consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from resin, it is punishable as a Class I felony (§ 90-95(d)(4)). Unless otherwise provided, the maximum fine for a Class 3 misdemeanor is $200.00 (§ 15A-1340.23(b)). |
Assault, battery and domestic violence
| Assault | Simple assault (including simple assault and battery, or taking part in a simple affray) is a Class 2 misdemeanor, punishable by up to 60 days in jail depending on prior convictions and a fine up to $1,000. Assault becomes a Class A1 misdemeanor (up to 150 days) when the attacker inflicts serious injury or uses a deadly weapon, or when the victim is a female assaulted by a male at least 18, a pregnant woman, a child under 12, a government officer or employee, a school employee or volunteer, a transit operator, or certain other listed workers on duty. Assault becomes a felony when it involves serious bodily injury (Class F), a deadly weapon plus serious injury (Class E), a deadly weapon with intent to kill (Class E), or a deadly weapon with intent to kill that inflicts serious injury (Class C). Felony sentences are set by the class and the person's prior record under the state's structured sentencing chart. Felony assaults: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-32.html and https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-32.4.html . Misdemeanor jail ranges by prior conviction level (G.S. 15A-1340.23(c)): Class A1 up to 60/75/150 days; Class 1 up to 45/45/120 days; Class 2 up to 30/45/60 days; Class 3 up to 10/15/20 days. Fines: Class 3 up to $200, Class 2 up to $1,000, Class 1 and A1 in the court's discretion (G.S. 15A-1340.23(b)). Felony sentences depend on the class and prior record level under the chart in G.S. 15A-1340.17. |
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| Battery | North Carolina has no separate battery statute; assault and battery are charged together under the same assault law. Simple assault and battery is a Class 2 misdemeanor, and the same aggravating factors (serious injury, deadly weapon, protected victims) raise assault and battery to a Class A1 misdemeanor or a felony. Assault and battery on a sports official during or right after a sports event is a Class 1 misdemeanor. Misdemeanor jail ranges by prior conviction level (G.S. 15A-1340.23(c)): Class A1 up to 60/75/150 days; Class 1 up to 45/45/120 days; Class 2 up to 30/45/60 days; Class 3 up to 10/15/20 days. Fines: Class 3 up to $200, Class 2 up to $1,000, Class 1 and A1 in the court's discretion (G.S. 15A-1340.23(b)). Felony sentences depend on the class and prior record level under the chart in G.S. 15A-1340.17. Source: N.C. Gen. Stat. § 14-33(a)-(c) |
| Domestic violence | North Carolina charges domestic violence under its general assault laws, with several domestic-specific rules. Assaulting someone with whom the defendant has a personal relationship, in the presence of a minor, while inflicting serious injury or using a deadly weapon, is a Class A1 misdemeanor, and a second or later violation requires at least 30 days of active punishment; assault on a female by a male at least 18 is also a Class A1 misdemeanor. Assault that inflicts physical injury by strangulation is a Class H felony. Habitual misdemeanor assault, a Class H felony, applies to certain assaults causing physical injury when the person has two or more prior assault-related convictions, the earliest within 15 years. Knowingly violating a domestic violence protective order is a Class A1 misdemeanor, and a Class H felony after two prior convictions under the protective order law. Strangulation: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-32.4.html ; habitual misdemeanor assault: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-33.2.html ; protective order: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_50B/GS_50B-4.1.html . A felony committed knowingly in violation of a protective order is punished one class higher (§ 50B-4.1(d)). |
| Harassment and stalking | Stalking is willfully harassing someone on more than one occasion, or engaging in a course of conduct directed at a specific person, without legal purpose, when the person knows or should know it would make a reasonable person fear for their safety or suffer substantial emotional distress; harassment includes calls, texts, email and other electronic communications. Stalking is a Class A1 misdemeanor; it becomes a Class H felony when a court order prohibiting the conduct is in effect, and a Class F felony after a prior stalking conviction. Cyberstalking (threatening or repeatedly harassing electronic messages, knowingly false messages, or secretly placing an electronic tracking device) and harassing or threatening telephone calls are each Class 2 misdemeanors. Cyberstalking: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-196.3.html ; telephone harassment: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-196.html |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Shoplifting can be charged as larceny or as concealment of merchandise. Larceny of property worth $1,000 or less is a Class 1 misdemeanor (up to 120 days depending on prior convictions). Willfully concealing unpaid store goods while still on the premises, or switching or altering price tags, is concealment of merchandise: a Class 3 misdemeanor for a first conviction (any suspended sentence requires at least 24 hours of community service), a Class 2 misdemeanor for a second offense within three years, and a Class 1 misdemeanor for a third or later offense within five years. Repeat shoplifting becomes a felony when larceny is committed after the person has been convicted of larceny at least four times, which is a Class H felony. A merchant can also sue for the value of the goods plus consequential damages of not less than $150 and not more than $3,000, plus punitive damages and attorney's fees; parents may be liable for a minor's shoplifting in some cases. Larceny: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-72.html ; civil liability: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-538.2.html . Using a lead-lined bag or similar device to defeat anti-theft tags is a Class H felony (§ 14-72.1(d1)). |
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| Burglary and robbery | Burglary is breaking and entering another person's dwelling house or room used as a sleeping apartment with intent to commit a felony or larceny inside. It is first-degree burglary, a Class D felony, when someone is actually occupying the home at the time, and second-degree burglary, a Class G felony, when it is not occupied; possessing a firearm during the burglary raises the sentence one felony class. Breaking or entering any building with intent to commit a felony or larceny, or to terrorize or injure an occupant, is a Class H felony; wrongfully breaking or entering a building without that intent is a Class 1 misdemeanor. Robbery (taking property from a person by force or threat, defined by common law) is a Class G felony; robbery with a firearm or other dangerous weapon that endangers or threatens a person's life (armed robbery) is a Class D felony. Punishment: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-52.html ; breaking or entering: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-54.html ; armed robbery: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-87.html ; common-law robbery: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-87.1.html . Section 14-51 was amended by S.L. 2025-71, s. 10(a). |
| Vandalism (property damage) | Vandalism is called willful and wanton injury to property in North Carolina. Damaging someone else's personal property is a Class 2 misdemeanor, or a Class 1 misdemeanor if the damage is more than $200. Damaging real property is a Class 1 misdemeanor, and becomes a Class I felony when residential real property of another is damaged by $1,000 or more. Graffiti vandalism (writing, marking, painting or defacing property, including tombstones and public monuments) is a Class 1 misdemeanor with a minimum $500 fine, and becomes a Class H felony on a third conviction after two prior graffiti convictions. Real property: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-127.html ; graffiti: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-127.1.html |
| Trespassing | Second-degree trespass is entering or staying on someone's property after being told not to or when it is posted with no-trespassing notices; it is a Class 3 misdemeanor (up to 20 days depending on prior convictions, fine up to $200). Entering or staying on the curtilage of someone's dwelling between midnight and 6:00 A.M. is a Class 2 misdemeanor. First-degree trespass, a Class 2 misdemeanor, is entering or staying without authorization in someone else's building or on premises enclosed or secured to keep out intruders. First-degree trespass becomes a Class I felony at listed critical facilities (such as water, energy or agricultural facilities) when the person enters a building or climbs a fence, a Class G felony if done to disrupt the facility or in a way that risks serious injury, and a Class I felony with a fine of at least $1,000 when a person reenters property after being removed under a court order or writ of possession. Second degree: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-159.13.html . Misdemeanor jail ranges by prior conviction level (G.S. 15A-1340.23(c)): Class A1 up to 60/75/150 days; Class 1 up to 45/45/120 days; Class 2 up to 30/45/60 days; Class 3 up to 10/15/20 days. Fines: Class 3 up to $200, Class 2 up to $1,000, Class 1 and A1 in the court's discretion (G.S. 15A-1340.23(b)). Felony sentences depend on the class and prior record level under the chart in G.S. 15A-1340.17. |
Drugs and driving crimes
| Drug possession | Simple possession of a Schedule I controlled substance is a Class I felony. Possession of a Schedule II, III or IV substance is generally a Class 1 misdemeanor, but it is a Class I felony for cocaine, methamphetamine, amphetamine or phencyclidine, or for more than 100 dosage units (or more than four of hydromorphone), and a Class H felony for fentanyl or carfentanil. Possessing or using drug paraphernalia is a Class 1 misdemeanor. A first offender with no prior felony or drug convictions who is found guilty of misdemeanor possession or paraphernalia (or certain felony possession) may receive a conditional discharge: the court defers judgment and places the person on probation, and dismisses the case once the conditions are met; this is available only once. Paraphernalia: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-113.22.html ; conditional discharge: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-96.html . Schedule V possession is a Class 2 misdemeanor (§ 90-95(d)(3)). |
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| Hit and run | A driver who knows or reasonably should know of a crash must stop and stay at the scene. Willfully leaving the scene of a crash that resulted in serious bodily injury or death is a Class F felony, and willfully leaving a crash that resulted in any injury is a Class H felony. Failing to render reasonable assistance or give required information after an injury crash is a Class 1 misdemeanor, and willfully leaving a crash involving only property damage is a Class 1 misdemeanor. A conviction for leaving a serious-injury or fatal crash brings a four-year license revocation (permanent if someone died, with reapplication possible after seven years); the injury and failure-to-assist offenses bring a one-year revocation. Misdemeanor jail ranges by prior conviction level (G.S. 15A-1340.23(c)): Class A1 up to 60/75/150 days; Class 1 up to 45/45/120 days; Class 2 up to 30/45/60 days; Class 3 up to 10/15/20 days. Fines: Class 3 up to $200, Class 2 up to $1,000, Class 1 and A1 in the court's discretion (G.S. 15A-1340.23(b)). Felony sentences depend on the class and prior record level under the chart in G.S. 15A-1340.17. |
| Reckless driving | Reckless driving is driving on a highway or public vehicular area carelessly and heedlessly in willful or wanton disregard of others' rights or safety, or without due caution and at a speed or in a manner that endangers or is likely to endanger people or property. It is a Class 2 misdemeanor, punishable by up to 60 days in jail depending on prior convictions and a fine up to $1,000. |
Arrests, court dates and probation
| Resisting arrest | Willfully and unlawfully resisting, delaying or obstructing a public officer doing an official duty is a Class 2 misdemeanor; it becomes a Class I felony if it is the proximate cause of the officer's serious injury, and a Class F felony if it causes serious bodily injury. Fleeing or attempting to elude a law enforcement officer in a vehicle is a Class 1 misdemeanor, and becomes a Class H felony when two or more aggravating factors are present, such as speeding more than 15 mph over the limit, gross impairment, reckless driving, driving with a revoked license, or having a child under 12 in the vehicle. If the eluding causes a death, it is a Class H felony (misdemeanor eluding) or a Class E felony (felony eluding). Eluding: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.5.html |
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| Missing a court date | A person released before trial who willfully fails to appear before a court or judicial official as required can be charged with failure to appear, in addition to forfeiting any bond. It is a Class I felony if the person was released in connection with a felony charge (or released under G.S. 15A-536 after conviction), and a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000) if the person was released on a misdemeanor charge. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17). |
| Probation violation | A judge decides probation violations and may reduce, terminate, continue, extend, modify or revoke probation. The court may revoke probation only if the person committed a new criminal offense or absconded (willfully avoided supervision); for other violations by a person on felony probation the court may order a 90-day period of confinement, and may revoke only after the person has already received two such periods. Before revoking or extending probation the court must hold a hearing (unless waived) with at least 24 hours' written notice of the alleged violations; the person may speak, present information, confront and cross-examine adverse witnesses unless the court finds good cause, and is entitled to a lawyer (appointed if indigent). Formal rules of evidence do not apply, and the court must make findings to support its decision. An arrested probationer generally gets a preliminary probable-cause hearing within seven working days. Hearings: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1345.html |
| Obstruction of justice | Obstruction-type offenses in North Carolina's statutes include resisting, delaying or obstructing a public officer in an official duty, a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000) (Class I felony if it causes an officer serious injury, Class F felony if it causes serious bodily injury). Intimidating or attempting to intimidate a witness, or preventing or deterring a witness from attending court, is a Class G felony. Altering, destroying or stealing evidence held for a criminal case or court proceeding is a Class I felony. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17). Resisting: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-223.html ; evidence: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-221.1.html |
| Perjury (lying under oath) | Perjury — knowingly and intentionally making a false statement under oath or affirmation in a court case, deposition, affidavit, or other matter where a person is lawfully required to be sworn (including certain unsworn declarations allowed by G.S. 7A-98) — is punished as a Class F felony. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17). Source: N.C. Gen. Stat. § 14-209 |
Public conduct crimes
| Public intoxication | Simply being drunk in public is not a crime: 'No person may be prosecuted solely for being intoxicated in a public place,' and an intoxicated person who is not disruptive may be assisted to a shelter or care facility. Being intoxicated and disruptive in public — blocking traffic or a sidewalk or building entrance, fighting or challenging others to fight, cursing or shouting at others, or begging — is a Class 3 misdemeanor (1-10 days with no priors, up to 1-20 days, and a fine up to $200; a person with no more than three prior convictions receives a fine only). Alcoholism is a defense to that charge, and the judge must consider it even if the defendant does not raise it. Disruptive offense: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-444.html ; defense: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-445.html |
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| Disorderly conduct | Disorderly conduct is a public disturbance intentionally caused by, among other things, fighting or violent conduct (or conduct threatening imminent violence), using words, gestures or displays intended and plainly likely to provoke violent retaliation, or seizing or refusing to leave school or college buildings when ordered. Willfully engaging in disorderly conduct is a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000). Intentionally disrupting a funeral, memorial service or funeral processional (subdivision (8)) is a Class 1 misdemeanor for a first offense, a Class I felony for a second, and a Class H felony for a third or later offense. Source: N.C. Gen. Stat. § 14-288.4 |
| Indecent exposure | Willfully exposing one's private parts in a public place in the presence of others is indecent exposure, a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000); exposure for sexual gratification on another's private premises, or from a private place intending to be seen by the public, is also a Class 2 misdemeanor. It is a Class H felony when a person 18 or older willfully exposes their private parts in a public place in the presence of a minor for the purpose of arousing or gratifying sexual desire. That felony ('felonious indecent exposure,' G.S. 14-190.9(a1)) is on the list of reportable offenses for sex-offender registration. Breastfeeding is expressly allowed. Registration list: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-208.6.html |
| Prostitution and solicitation | Prostitution is illegal throughout North Carolina. Willfully engaging in prostitution is a Class 1 misdemeanor (1-45 days with no priors, up to 1-120 days with five or more priors); a first offender may receive a 12-month conditional discharge with counseling and testing conditions. Soliciting another for prostitution (the buyer side) is a Class I felony for a first offense and a Class H felony for a second or later offense (Class G felony if an adult solicits a minor). Patronizing a prostitute is a Class A1 misdemeanor for a first violation and a Class G felony for a second or later violation, and a Class F felony if the defendant is 18 or older and the prostitute is a minor. Solicitation: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-205.1.html ; patronizing: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-205.2.html |
| Gambling | Operating, playing or betting on a game of chance for money or anything of value is a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000), except as allowed by Chapter 18C (the state lottery and sports wagering) or the charitable bingo and raffle provisions; playing a lawfully conducted lottery in any state is not covered. Sports wagering authorized by Chapter 18C 'shall not be considered unlawful' and may be placed through an interactive (online) account or at a place of public accommodation while the bettor is physically in the state (not on Indian lands). Federally recognized tribes may lawfully offer Class III gaming — gaming machines, live table games, raffles, video games, and sports and horse race wagering — on their trust lands under an approved Tribal-State compact. Sports wagering: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_18C/GS_18C-902.html ; tribal gaming: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-292.2.html |
Fraud, embezzlement and blackmail
| Embezzlement | Embezzlement is a separate crime: a public official, fiduciary (trustee, executor, guardian, settlement agent, etc.), corporate officer, agent, clerk or employee (16 or older) who embezzles or fraudulently or knowingly and willfully misapplies or converts to their own use money or property that came into their care commits a felony. It is a Class H felony if the value is less than $100,000 and a Class C felony if the value is $100,000 or more. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17). Source: N.C. Gen. Stat. § 14-90 |
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| Fraud and identity theft | Identity theft — knowingly obtaining, possessing or using another person's identifying information (Social Security, license, account, card or PIN numbers, passwords, biometric data and the like) with intent to fraudulently pose as that person to make financial or credit transactions, obtain anything of value, or avoid legal consequences — is a Class G felony. It is a Class F felony if the victim is arrested, detained or convicted as a result, or the offender possesses identifying information of three or more people. Restitution may be ordered and court records corrected for the victim. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17). Punishment: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-113.22.html |
| Forgery | Forging or counterfeiting an instrument such as a check, note, currency or security, or possessing a counterfeit instrument, with intent to injure or defraud, is a Class I felony; transporting or possessing five or more counterfeit instruments is a Class G felony. Uttering (passing) a forged instrument, or forging an endorsement, is a Class I felony. Writing a worthless check is a Class I felony if the check is more than $2,000; at $2,000 or less it is a Class 3 misdemeanor (1-10 days with no priors, up to 1-20 days, and a fine up to $200; a person with no more than three prior convictions receives a fine only) (a Class 1 misdemeanor on a fourth or later conviction, or if drawn on a nonexistent or closed account). Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17). Uttering: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-120.html ; worthless checks: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-107.html |
| Blackmail (extortion) | Extortion — threatening another person with the intent to wrongfully obtain anything of value or any acquittance, advantage or immunity — is punished as a Class F felony. North Carolina also keeps an older 'blackmailing' offense — sending a letter or writing demanding money or property with menaces, or threatening to accuse someone of a serious crime to extort money or property — which is a Class 1 misdemeanor (1-45 days with no priors, up to 1-120 days with five or more priors). Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17). Blackmailing: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-118.html |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | First-degree murder is a killing by poison, lying in wait, imprisonment, starving or torture, any other willful, deliberate and premeditated killing, or a killing during a listed felony such as robbery, kidnapping, burglary or rape (or another felony committed with a deadly weapon). It is punished by death or life imprisonment without parole, as decided under the capital sentencing procedure; a person under 18 at the time is sentenced under a separate part. A murder against a current or former spouse, partner or co-parent may be presumed first-degree when the defendant has a prior qualifying conviction involving the same victim. All other murder is second-degree murder, a Class B1 felony, or a Class B2 felony when the malice comes only from an inherently dangerous act done with wanton disregard for human life. Felony and misdemeanor classes are sentenced under structured sentencing (G.S. 15A-1340.17, 15A-1340.23); actual ranges depend on prior record. Source: N.C. Gen. Stat. § 14-17 |
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| Manslaughter (voluntary, involuntary, vehicular) | Voluntary manslaughter is a Class D felony and involuntary manslaughter is a Class F felony. Felony death by vehicle (unintentionally causing a death while driving impaired) is a Class D felony; aggravated felony death by vehicle (with a prior impaired-driving conviction within seven years) is a Class D felony sentenced in the aggravated range; and repeat felony death by vehicle is a Class B2 felony. Misdemeanor death by vehicle (a death caused by another traffic violation) is a Class A1 misdemeanor. Death by vehicle: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.4.html . Felony and misdemeanor classes are sentenced under structured sentencing (G.S. 15A-1340.17, 15A-1340.23); actual ranges depend on prior record. |
| Child endangerment | A parent or caretaker of a child under 16 who inflicts, allows, or creates a substantial risk of physical injury other than by accident commits misdemeanor child abuse, a Class A1 misdemeanor. It becomes felony child abuse when the child suffers serious physical injury (Class D; Class G if from a willful or grossly negligent act showing reckless disregard for human life) or serious bodily injury (Class B2; Class E if from such a grossly negligent act), when a sexual act or child prostitution is involved (Class D), or for routine infliction of injury with deprivation of necessities (Class B2). An adult who knowingly causes or encourages a juvenile to become delinquent, undisciplined, abused or neglected commits contributing to delinquency, a Class 1 misdemeanor. Misdemeanor child abuse: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-318.2.html ; contributing: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-316.1.html . Felony and misdemeanor classes are sentenced under structured sentencing (G.S. 15A-1340.17, 15A-1340.23); actual ranges depend on prior record. |
| Arson | Arson of a dwelling is first-degree arson, a Class D felony, if the dwelling was occupied at the time, and second-degree arson, a Class E felony, if it was unoccupied; burning another's occupied mobile home is first-degree arson. Other burnings are graded by the property: an occupied commercial structure (Class D) or unoccupied one (Class E); a church or other place of worship (Class E); a government building, schoolhouse, bridge, or uninhabited house (Class F); and buildings under construction, boats, or other buildings and structures (Class H). Burning one's own dwelling for a fraudulent purpose is Class H, causing $10,000 or more in fire damage during a felony is Class D, and arson that seriously injures a firefighter or officer is Class E or F. Article 15 (arson and other burnings): https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_15.html . Felony and misdemeanor classes are sentenced under structured sentencing (G.S. 15A-1340.17, 15A-1340.23); actual ranges depend on prior record. |
| Human trafficking | Human trafficking (knowingly or recklessly recruiting, enticing, harboring, transporting, providing, patronizing, soliciting or obtaining a person for forced labor or sexual servitude, or causing a minor to be held in such service) is a Class C felony when the victim is an adult and a Class B2 felony when the victim is a minor. A minor's consent or a mistake about age is no defense, and each violation is a separate offense that does not merge with others. Felony and misdemeanor classes are sentenced under structured sentencing (G.S. 15A-1340.17, 15A-1340.23); actual ranges depend on prior record. Source: N.C. Gen. Stat. § 14-43.11 |
| Money laundering | Money laundering (knowingly and willfully acquiring, concealing, transferring or transacting in criminal proceeds, or using them to promote crime, with knowledge of the criminal activity) is a Class H felony when the amount is under $100,000 and a Class C felony at $100,000 or more. Related proceeds from one scheme may be added together to set the class. In effect since December 1, 2024. Felony and misdemeanor classes are sentenced under structured sentencing (G.S. 15A-1340.17, 15A-1340.23); actual ranges depend on prior record. Source: N.C. Gen. Stat. § 14-118.8 |
Online crimes and teens
| Revenge porn (sharing intimate images) | Yes. Knowingly disclosing an identifiable image of another person with intimate parts exposed or engaged in sexual conduct, without that person's affirmative consent, with intent to coerce, harass, intimidate, demean, humiliate or cause financial loss, when the image was obtained or altered without consent or was expected to stay private, is a Class H felony for a person 18 or older. For a person under 18 it is a Class 1 misdemeanor for a first offense and a Class H felony after that. Realistic AI-altered images are covered. The victim may sue for actual damages of at least $1,000 per day of violation or $10,000 (whichever is higher), punitive damages and attorney's fees, within one year of discovery and no more than seven years after the last disclosure. Source: N.C. Gen. Stat. § 14-190.5A |
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| Cyberbullying | Cyber-bullying is a crime: using a computer or computer network to intimidate or torment a minor (or in some cases the minor's parent), for example by building a fake profile, posting private or sexual information or real or doctored images, sending repeated messages, or signing the minor up for pornographic sites. It is a Class 1 misdemeanor for an offender 18 or older and a Class 2 misdemeanor for an offender under 18. A first-time minor offender may receive a conditional discharge, with the case dismissed after probation and the record eligible for expunction. Source: N.C. Gen. Stat. § 14-458.1 |
| Underage drinking and fake IDs | People under 21 may not buy, try to buy, possess or drink alcohol; for a 19- or 20-year-old buying or possessing is a Class 3 misdemeanor. Using a fake, altered or someone else's ID to buy alcohol or enter a venue is unlawful, as is letting an underage person use your ID. Aiding or abetting an underage purchase is a Class 2 misdemeanor if done by someone underage and a Class 1 misdemeanor if done by someone of age. A conviction for fake-ID use, lending an ID, aiding and abetting, or buying or trying to buy leads to a one-year driver's license revocation, with a limited driving privilege available in some cases. License revocation: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.3.html |
| Animal cruelty | Intentionally overdriving, overloading, wounding, injuring, tormenting, killing or depriving an animal of necessary food and water is a Class 1 misdemeanor. Maliciously torturing, mutilating, maiming, cruelly beating, disfiguring, poisoning or killing an animal, or maliciously killing it by intentional deprivation of sustenance, is a Class H felony. Lawful hunting and fishing, research, livestock and poultry production, veterinary care and lawful destruction to protect people or property are excluded. Felony and misdemeanor classes are sentenced under structured sentencing (G.S. 15A-1340.17, 15A-1340.23); actual ranges depend on prior record. Source: N.C. Gen. Stat. § 14-360 |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Driving while one's license is revoked is a Class 3 misdemeanor. If the revocation was for impaired driving, it is a Class 1 misdemeanor and the license is revoked for an additional one year (first offense), two years (second) or permanently (third or later); the same applies to driving after a revocation for failure to appear. In some situations, such as when the person had become eligible for reinstatement, the person may instead be punished as for driving without a license. Source: N.C. Gen. Stat. § 20-28 |
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| Driving without a license | A person must be licensed to drive a motor vehicle on a highway and must carry the license while driving. Driving without ever obtaining a license is a Class 3 misdemeanor. Failing to carry a valid license is an infraction, and the person cannot be found responsible if they show the court a license that was valid when charged; a recently expired license renewed within 30 days is also a defense. License requirement: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-7.html |
| Open container in a car | No person may possess an alcoholic beverage other than in the unopened original container, or drink alcohol, in the passenger area of a motor vehicle on a highway or its right-of-way; only the person who possesses or drinks it is charged. Passengers are exempt in vehicles used mainly to carry people for pay, in the living quarters of a motor home, and in a house trailer. A violation is an infraction and is not a moving violation for license points. |
| Jaywalking | Pedestrians facing a 'Don't Walk' signal may not start to cross, and those already crossing on 'Walk' must continue to a sidewalk or safety island. A pedestrian crossing anywhere other than a marked crosswalk or unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with operating traffic signals pedestrians may cross only in a marked crosswalk. Violations of these traffic rules are infractions with a penalty of up to $100 unless a specific penalty applies. Signals: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-172.html ; penalty: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-176.html |
| Knife laws | Carrying a concealed bowie knife, dirk, dagger, razor, shuriken or other deadly weapon of like kind off one's own premises is a Class 2 misdemeanor, but the law does not apply to an ordinary pocket knife carried closed (a small knife whose blade folds fully into the handle and does not open by throwing, explosive or spring action). Possessing a bowie knife, dirk, dagger, switchblade knife, razor or any sharp-pointed or edged instrument on school property, openly or concealed, is a Class 1 misdemeanor, except instructional supplies, unaltered nail files and clips, and tools used solely for food preparation, instruction and maintenance. The statutes set no blade-length limit. School property: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.2.html |
| Fireworks | Making, buying, selling, possessing or using pyrotechnics is generally unlawful except for licensed exhibitions. The ban does not apply to toy caps, snakes and glow worms, smoke devices, trick noisemakers such as party poppers and snappers, wire sparklers, and other hand-held or ground-based sparkling devices that do not explode, spin or fly (within set powder limits). Most of these allowed items may not be sold to anyone under 16. A violation is a Class 2 misdemeanor (Class 1 if an exhibition is held indoors). Ban and age limit: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-410.html ; penalty: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.html |
Kidnapping, threats and sex crimes
| Kidnapping | Kidnapping (unlawfully confining, restraining or moving a person without consent, or without a parent's consent for a child under 16, for ransom, as a hostage or shield, to commit a felony or escape, to seriously injure or terrorize, or for trafficking, forced labor or sexual servitude) is first-degree kidnapping, a Class C felony, if the victim was not released in a safe place or was seriously injured or sexually assaulted; otherwise it is second-degree kidnapping, a Class E felony. Felonious restraint (unlawfully restraining someone and moving them by car or other conveyance) is a Class F felony and is a lesser included offense of kidnapping. Felonious restraint: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-43.3.html . Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). Source: N.C. Gen. Stat. 14-39, 14-43.3 |
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| Criminal threats (terroristic threats) | Communicating threats (willfully threatening to physically injure a person or their child, sibling, spouse or dependent, or to damage their property, in a way a reasonable person would believe is likely to be carried out, when the person does believe it) is a Class 1 misdemeanor. Threatening by any means to commit an act of mass violence on educational property or at a school-sponsored activity is a Class H felony. Mass violence threats: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-277.6.html . Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
| Sexual assault and rape | North Carolina calls rape 'forcible rape' (vaginal intercourse) and other penetration 'forcible sexual offense'. First-degree forcible rape (by force and against the victim's will, with a dangerous weapon, causing serious personal injury, or with help from others) is a Class B1 felony, the second-highest class, which can carry up to life without parole. Second-degree forcible rape (by force, or with a person the actor knows or should know is mentally disabled, mentally incapacitated or physically helpless) is a Class C felony. Sexual battery (forced sexual contact, or contact with such a person, for sexual purposes) is a Class A1 misdemeanor. A person convicted of forcible rape loses custody and inheritance rights over a child conceived in the rape. For sex with minors under the age of consent, see the age-of-consent page. Second degree: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-27.22.html ; sexual battery: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-27.33.html . Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
| Child molestation (child sexual abuse) | Statutory rape of a child by an adult (vaginal intercourse by a person 18 or older with a child under 13) is a Class B1 felony with a mandatory minimum of 300 months (25 years) of active prison time, up to life without parole if extraordinary aggravating factors are found, followed by satellite-based monitoring. Taking indecent liberties with a child (a lewd act, or attempting to take indecent liberties for sexual gratification, by someone at least 16 and at least five years older than a child under 16) is a Class F felony. Indecent liberties: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-202.1.html . Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
| Child pornography (child sexual abuse material) | North Carolina calls these crimes sexual exploitation of a minor; they cover material altered or created to make an identifiable minor appear to be in sexual activity, and child sex dolls. First degree (using, inducing or transporting a minor for sexual activity to be recorded or performed, or producing such material) is a Class C felony (Class D for creating sexualized material of an identifiable minor or a child sex doll for sale). Second degree (distributing, selling, exchanging, receiving, buying or soliciting the material) is a Class E felony. Third degree (possessing it) is a Class H felony. Mistake of age is not a defense. First degree: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-190.16.html ; second degree: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-190.17.html . Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
| Online solicitation of a minor | Yes. Solicitation of a child by computer (a person 16 or older knowingly using a computer or other electronic device to entice or command a child under 16 who is at least five years younger, or someone believed to be such a child or that child's parent or caretaker, to meet for an unlawful sex act) is a Class G felony for a first offense and a Class E felony for a repeat offense. It is a Class D felony if the defendant, or someone the defendant arranged the meeting for, actually shows up at the meeting place. The child's consent is not a defense. Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
| Sex offender registration | People with a 'reportable conviction' for listed sex offenses who live in North Carolina must register with the county sheriff in person, generally within three business days of release or arriving (immediately if no prison term); nonresidents who work or study here must also register. Registration lasts at least 30 years, but a registrant may petition the superior court to end it after 10 years if there is no later reportable conviction or arrest and the court finds the person is not a threat. Recidivists, people convicted of an aggravated offense, and sexually violent predators must register for life. Willfully failing to register, report an address or online-identifier change, return a verification notice or report in person is a Class F felony. Penalty: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-208.11.html ; petition: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-208.12A.html ; lifetime: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-208.23.html . Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
Car theft, stolen property and drugs
| Car theft and joyriding | Stealing a vehicle is larceny: a Class H felony if the property is worth more than $1,000 (and a felony regardless of value in listed cases such as larceny from the person or after four prior larceny convictions); otherwise a Class 1 misdemeanor. Unauthorized use of a motor-propelled conveyance ('joyriding': taking or operating someone's motor vehicle, motorboat or other conveyance without consent) is a Class 1 misdemeanor, or a Class H felony for an aircraft. Receiving, transferring or possessing a vehicle known or believed to be stolen, with intent to procure or pass title, is a Class H felony. Unauthorized use: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-72.2.html ; stolen vehicles: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-71.2.html (recodified from G.S. 20-106 effective Dec. 1, 2019). Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
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| Receiving stolen property | Receiving or possessing stolen goods, knowing or having reasonable grounds to believe they were stolen, is a Class H felony if the goods are worth more than $1,000 and a Class 1 misdemeanor if worth $1,000 or less, unless a felony-regardless-of-value circumstance applies (for example, goods taken in a burglary or from the person, a firearm, or explosives). Possessing property knowing it was feloniously stolen is punished as a Class H felony. Stolen mail is sentenced one class higher. Possession of feloniously stolen goods: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-71.1.html . Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
| Organized retail theft | Yes. Organized retail theft covers conspiring with another person to steal retail property for resale or gain, receiving or possessing such property, leading or financing a scheme to sell stolen merchandise, and certain gift-card fraud schemes. Values are added together over a 90-day period, and thefts in more than one county may be charged as one offense: over $1,500 is a Class H felony, over $20,000 a Class G felony, over $50,000 a Class F felony, and over $100,000 a Class C felony. Property acquired through the offense is subject to forfeiture. Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). Source: N.C. Gen. Stat. 14-86.6 |
| Drug trafficking and intent to distribute | Making, selling, delivering or possessing with intent to sell a Schedule I or II drug is a Class H felony (Class G for a sale), Class F for fentanyl or carfentanil, and Class C for making methamphetamine; for Schedule III-VI drugs it is a Class I felony (Class H for a sale). Trafficking carries set mandatory prison terms and fines by weight. Cocaine: 28-200 g Class G (35-51 months, at least $50,000 fine); 200-400 g Class F (70-93 months); 400 g or more Class D (175-222 months, at least $250,000). Heroin and other opioids: 4-14 g Class F (70-93 months); 14-28 g Class E (90-120 months); 28 g or more Class C (225-282 months). Fentanyl/carfentanil: 4-14 g Class E (90-120 months, $500,000); 14-28 g Class D (175-222 months, $750,000); 28 g or more Class C (225-282 months, $1,000,000). Methamphetamine: 28-200 g Class F (70-93 months); 200-400 g Class E (90-120 months); 400 g or more Class C (225-282 months). Marijuana and other drugs have separate trafficking tiers in 90-95(h). |
| Prescription drug fraud | Obtaining a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is prohibited, as is getting prescriptions by intentionally withholding information from one or more practitioners ('doctor shopping') or by knowing misrepresentation to a practitioner. A violation is a Class 1 misdemeanor, or a Class I felony if charged and found to be intentional. Employees or caregivers who divert drugs commit a Class G felony (Class E if done by dilution or substitution). Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
Driving and boating
| Vehicular assault | Felony serious injury by vehicle (unintentionally causing serious injury to another person while driving impaired, where the impaired driving is the proximate cause) is a Class F felony. Aggravated felony serious injury by vehicle (the same offense with a prior impaired-driving conviction within seven years) is a Class E felony. Racing that causes serious injury is a separate Class H felony, and Class G if it causes serious bodily injury or death. Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
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| Street racing | Prearranged speed competition on a street or highway is a Class 1 misdemeanor (as is letting your vehicle be used for one or betting on it), and willful racing without prearrangement is a Class 2 misdemeanor; racing that causes serious injury is a Class H felony, and Class G if it causes serious bodily injury or death. A prearranged-racing conviction brings a 3-year license revocation (4 years with serious injury; permanent with serious bodily injury or death), and the car must be seized and is sold at auction after conviction. Operating a vehicle in a street takeover (blocking traffic to perform stunts such as burnouts, doughnuts or drifting) is a Class A1 misdemeanor with at least a $1,000 fine, a Class H felony for a second violation within 24 months, and the vehicle may be seized; participating in or coordinating a takeover is a Class A1 misdemeanor. Street takeover: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.10.html . Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
| Boating under the influence (BUI) | Operating a moving vessel on North Carolina waters while under the influence of an impairing substance, or with an alcohol concentration of 0.08 or more, is a Class 2 misdemeanor (up to 60 days) with a mandatory fine of at least $250. Being legally entitled to use the alcohol or drug is not a defense. Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
Fraud, bribery and tax crimes
| Insurance fraud | Insurance fraud (knowingly presenting, or helping prepare, a written or oral statement with false or misleading material information in support of or against an insurance claim, intending to injure, defraud or deceive an insurer or claimant) is a Class H felony when the claim is under $100,000 and a Class C felony when it is $100,000 or more. Each claim is a separate count. Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). Source: N.C. Gen. Stat. 58-2-161(b)-(c) |
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| Welfare and unemployment fraud | Public assistance fraud (willfully and knowingly making a false statement or hiding a material fact to obtain or keep public assistance) is a Class 1 misdemeanor if $400 or less and a Class I felony if more than $400; food and nutrition (SNAP) benefit fraud and Medicaid recipient fraud use the same $400 line. Unemployment fraud is likewise a Class 1 misdemeanor at $400 or less and a Class I felony above $400; a claimant found to have knowingly made a false statement is disqualified for 52 weeks, must repay the overpayment (which may be taken from up to 100% of future weekly benefits), and owes a 15% penalty. SNAP: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_108A/GS_108A-53.html ; Medicaid: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_108A/GS_108A-64.html ; unemployment: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_96/GS_96-18.html . Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
| Bribery | A public official or candidate who accepts or agrees to accept anything of value (including a campaign contribution) in exchange for an official act or omission is punished as a Class F felon, and anyone who offers a bribe, whether or not it is accepted, is also guilty of a Class F felony. Commercial bribery (offering or giving an employee or agent something of value to influence how they handle their employer's business, or an agent accepting it or a purchasing agent taking a kickback) is a Class 2 misdemeanor. Offering a bribe: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-218.html ; commercial bribery: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-353.html . Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
| State tax evasion | Willfully attempting to evade or defeat a state tax or its payment is a Class H felony. Willfully failing to pay a tax, file a return, keep records or supply information is a Class 1 misdemeanor. Willfully helping prepare a return known to be fraudulent is a Class H felony, or for a paid income tax return preparer a Class F felony (Class C if the taxes evaded in one year total $100,000 or more). Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23). |
| Computer hacking and cybercrime | Willfully accessing a computer or network to carry out a scheme to defraud or to get property or services by false pretenses is a Class G felony if the fraud or the property obtained exceeds $1,000, and a Class 1 misdemeanor otherwise; other willful, unauthorized access is a Class 1 misdemeanor. Computer trespass (using a computer without authority to delete or disable data, cause malfunctions, alter data, damage property or copy data) is a Class 3 misdemeanor, a Class 1 misdemeanor if it causes damage under $2,500, and a Class I felony if damage is $2,500 or more. A victim may also sue for damages. Computer trespass: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-458.html . Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | Anyone convicted of a felony (in North Carolina, another state or federal court) may not buy, own, possess or control a firearm, a silencer, or a weapon of mass death and destruction; antique firearms are excluded. Violating the ban is a Class G felony, Class F if done during another felony, Class D if the gun is brandished during a felony, and Class C if fired during a felony. The ban does not apply to a person who was pardoned or had firearm rights restored by the convicting jurisdiction where North Carolina law would also restore them, or to convictions for antitrust or unfair trade practice violations. The restoration petition (14-415.4) was not read. Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
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| Recording conversations (one-party consent) | One-party consent. Willfully intercepting a wire, oral or electronic communication without the consent of at least one party to it, or disclosing or using one knowing it was unlawfully intercepted, is a Class H felony. So a participant in a phone call or in-person conversation, or someone with one participant's consent, may record it. Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
| Filing a false police report | Willfully making or causing a false, deliberately misleading or unfounded report to a law enforcement agency or officer, intending to hinder its work or obstruct an officer, is a Class 2 misdemeanor (up to 60 days). It is a Class H felony if the report concerns an investigation into a missing child or a child under 16 who is the victim of a Class A, B1, B2 or C felony. Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
| Hate crimes | Yes, in limited form. If a misdemeanor is committed because of the victim's race, color, religion, nationality or country of origin, a Class 2 or 3 misdemeanor becomes a Class 1 misdemeanor and a Class A1 or Class 1 misdemeanor becomes a Class H felony. Ethnic intimidation (assaulting someone, damaging their property, or threatening to, because of the same characteristics), and teaching others to do so, is a separate Class 1 misdemeanor. The sections read do not list sexual orientation, gender identity, sex or disability. Ethnic intimidation: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-401.14.html . Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
| Parole violation | Most felony sentences in North Carolina end with post-release supervision rather than discretionary parole, and the Post-Release Supervision and Parole Commission handles violations. For a violation it may continue supervision (with or without new conditions) or revoke it, following a hearing process in a separate section. People on supervision for sex offenses, those who violate a required controlling condition and those who abscond can be returned for the rest of the maximum term; for others, revocation means three months in prison, up to three months on each of two later revocations, and after that Class B1-E felons may be returned for the remaining term. Source: N.C. Gen. Stat. 15A-1368.3 |
| Violating a restraining order | Knowingly violating a valid domestic violence protective order (including emergency, ex parte and out-of-state orders) is a Class A1 misdemeanor (up to 150 days). A third violation after two prior convictions is a Class H felony, as is violating a stay-away order while carrying a deadly weapon or entering a domestic violence shelter where the protected person lives. Committing a felony while knowingly violating an order raises it one class (except Class A and B1 felonies). Officers must arrest when there is probable cause of a violation. Felony prison terms depend on the offense class and the person's prior record level under the structured sentencing chart (N.C. Gen. Stat. 15A-1340.17, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html); misdemeanors: Class A1 up to 150 days, Class 1 up to 120 days, Class 2 up to 60 days, Class 3 up to 20 days, depending on prior convictions (15A-1340.23). Ranges are not restated here. |
| Juveniles tried as adults | North Carolina's juvenile court handles crimes by 16- and 17-year-olds except Class A, B1, B2, C, D and E felonies (and related offenses from the same act or scheme, and motor vehicle offenses): those are excluded from the definition of a delinquent juvenile, so a 16- or 17-year-old charged with a Class A-E felony is prosecuted as an adult rather than in juvenile court. For a juvenile 16 or 17 charged with a Class F or G felony, the juvenile court must transfer the case to superior court after an indictment or a probable cause finding, unless the prosecutor declines to prosecute in superior court; transfer is discretionary for Class H and I felonies. For juveniles 13 to 15, transfer is mandatory for a Class A felony (such as first-degree murder) after a probable cause finding or indictment, and discretionary for other felonies after a hearing. In a transferred case, the prosecutor and the juvenile's attorney may jointly ask the superior court to send the case back to juvenile court, and the superior court record is then expunged. 16-17 transfer: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7B/GS_7B-2200.5.html ; 13-15 transfer: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7B/GS_7B-2200.html . |
Death penalty, three strikes and rights after a felony
| Death penalty | North Carolina has the death penalty. First-degree murder (a Class A felony) is punished by death or life imprisonment without parole, as decided at a separate sentencing hearing under G.S. 15A-2000; a person who was under 18 at the time of the murder cannot be sentenced to death and is sentenced under separate juvenile provisions. The statute sets the method as intravenous injection of a substance or substances in a lethal quantity sufficient to cause death; if that method is held unconstitutional by a North Carolina court or is otherwise unavailable, the Secretary must choose a method another state has adopted. Method: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15/GS_15-188.html ; https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15/GS_15-187.html . No official source on any current pause in executions was reviewed. |
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| Three strikes and habitual offender laws | Yes, two laws. A habitual felon is someone with three prior felony convictions (each committed after the conviction for the one before; felonies committed before age 18 count as no more than one, and pardoned felonies do not count). A habitual felon convicted of a new felony is sentenced four classes higher than the new felony, but never higher than Class C. A violent habitual felon is someone with two prior violent felony convictions; on conviction of another violent felony, the sentence must be life imprisonment without parole (unless death is imposed). Sentencing: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-7.6.html ; violent habitual felon: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-7.7.html , https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-7.12.html . |
| Voting with a felony conviction | People convicted of a felony cannot vote until they have completed their sentence, including prison, probation, post-release supervision and parole. Once the sentence and supervision end, the right to vote returns automatically, but the person must register again. Unpaid fines, fees or restitution do not by themselves block voting once supervision has ended. A misdemeanor conviction does not take away the right to vote, even while in jail. Statute: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_163/GS_163-55.html . NC State Board of Elections pages: https://www.ncsbe.gov/registering/who-can-register . Source: G.S. 163-55(a)(2); G.S. 13-1 |
| Restoring rights after a felony | Citizenship rights (on which voting and jury eligibility depend) are restored automatically when a person is unconditionally discharged from prison, probation or parole by the agency in charge (or by the court for a suspended sentence), or receives an unconditional pardon, or satisfies all conditions of a conditional pardon; the same applies to federal and out-of-state convictions. Firearm rights are separate: a North Carolina resident convicted of a single nonviolent felony whose citizenship rights have been restored for at least 20 years may petition the district court where they live to restore the right to possess a firearm (Class A, B1 and B2 felonies, and felonies involving assault, a firearm or deadly weapon, or sex offender registration, do not qualify; the filing fee is $200). Jury: G.S. 9-3 excludes people convicted of a felony unless their citizenship has been restored, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_9/GS_9-3.html ; firearms: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.4.html . |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Hemp-derived THC products are not controlled substances in North Carolina if they meet the hemp limit. State law defines hemp by a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, excludes hemp and hemp products from the definition of marijuana, and excludes from Schedule VI tetrahydrocannabinols found in a product with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. The statutes read set no separate age limit, license or testing rule for hemp-derived THC products. Bills to set a 21 age limit and regulate hemp-derived consumables (House Bill 328, Senate Bill 59 and House Bill 468 of the 2025-2026 session) had not been ratified as of their bill pages in October 2026. Schedule VI: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-94.html ; bill status: https://www.ncleg.gov/BillLookup/2025/H328 (Senate adopted conference report 7/2/2026; re-referred to House Rules 7/30/2026), https://www3.ncleg.gov/BillLookUp/2025/S59/True , https://www.ncleg.gov/BillLookup/2025/H468 . |
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| Magic mushrooms (psilocybin) | Psilocybin and psilocin are Schedule I hallucinogenic substances. Possessing any Schedule I controlled substance is a Class I felony (the exception for small amounts in the same subsection applies only to MDPV). Selling, manufacturing or possessing with intent to sell is charged separately. North Carolina law has no legal psilocybin program in the sections read. Schedule I: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-89.html . |
| CBD | Hemp CBD products are legal as hemp products: hemp is cannabis with not more than 0.3 percent delta-9 THC on a dry weight basis, 'hemp products' means all products made from hemp, and marijuana does not include hemp or hemp products. The statutes read set no age limit, license or labeling rule specific to CBD products. |
| Smoking and vaping age | North Carolina's own law sets the minimum age at 18: it is a Class 2 misdemeanor to sell or give tobacco products, vapor products (e-cigarettes), alternative nicotine products or cigarette wrapping papers to anyone under 18, or to fail to check ID of a buyer who may be under 18. A person under 18 who buys or accepts these products, tries to, or uses a false ID to do so also commits a Class 2 misdemeanor; a first-time minor may qualify for deferred prosecution or a conditional discharge. (Federal law separately sets a minimum sales age of 21.) Source: G.S. 14-313 |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | A caretaker who knowingly and willfully, with malice, abuses a disabled adult or an 'elder adult' (60 or older and unable to arrange the services needed to protect themselves) in a home setting commits a Class F felony if the person suffers serious injury, or a Class H felony for injury; neglect (wanton, reckless or grossly careless failure to provide care) is a Class G felony for serious injury or Class I for injury. Financial exploitation of an 'older adult' (65 or older) or a disabled adult by deception or intimidation is a separate crime: by a person in a position of trust or a business relationship it is a Class F felony for $100,000 or more, Class G for $20,000 to under $100,000, and Class H for under $20,000; by anyone else it is one class lower (Class G, H or I). For losses over $5,000 the district attorney may ask the court to freeze the defendant's assets. Exploitation: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-112.2.html . |
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| Voyeurism (peeping tom) | North Carolina calls this secretly peeping. Secretly peeping into a room occupied by another person, or under or through someone's clothing, is a Class 1 misdemeanor; peeping while having a camera with intent to take images is a Class A1 misdemeanor. Photographing someone while secretly peeping for sexual gratification, secretly photographing a person's private area without consent where they expect privacy, secretly installing a recording device in a room, or knowingly possessing such images is a Class I felony, and sharing them without consent is a Class H felony. Repeat offenses move up one level (a repeat felony is one class higher). For the felony offenses, or a repeat misdemeanor, the court must decide whether the person is a danger to the community and should register as a sex offender, and orders registration if so. Source: G.S. 14-202(a)-(l) |
| Assaulting a police officer | Simple assault is a Class 2 misdemeanor. Assaulting a state or local government officer or employee while they perform official duties is a Class A1 misdemeanor. Assaulting a law enforcement, probation or parole officer on duty and causing physical injury (including cuts, scrapes and bruises) is a Class H felony; causing serious bodily injury is a Class E felony. The same felony rules cover detention facility employees and National Guard members on duty. Misdemeanor assault: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-33.html . |
Criminal Law FAQ
What are the felony classes and maximum sentences in North Carolina?
Felonies are graded Class A, B1, B2, C, D, E, F, G, H and I and sentenced under structured sentencing using a felony punishment chart: rows are offense classes and columns are prior record levels I through VI, and each cell gives aggravated, presumptive and mitigated ranges for the minimum term (§ 15A-1340.17(c)). Class A — 'Life Imprisonment With Parole or Without Parole, or Death, as Established by Statute.' For Class B1, the chart prescribes life imprisonment without parole in the highest prior-record cells. The maximum term is set from the minimum using statutory tables: for Classes F through I by the table in subsection (d); for Classes B1 through E by the table in subsection (e) (minimums up to 339 months), or, for minimums of 340 months or more, the minimum plus 20% of the minimum, rounded to the next highest month, plus 12 months (subsection (e1)); reportable sex offenses in Classes B1-E add 60 months instead (subsection (f)). Fines: any judgment that includes imprisonment 'may also include a fine'; unless otherwise provided, 'the amount of the fine is in the discretion of the court' (§ 15A-1340.17(b)).
What are the misdemeanor classes and penalties in North Carolina?
Misdemeanors are Class A1, 1, 2 and 3, sentenced by class and prior conviction level (Level I no priors; Level II one to four; Level III five or more) (§ 15A-1340.23(c)). Class A1 — 1-60 days (Level I), 1-75 days (Level II), 1-150 days (Level III). Class 1 — 1-45 days, 1-45 days, 1-120 days. Class 2 — 1-30 days, 1-45 days, 1-60 days. Class 3 — 1-10 days (Level I), 1-15 days (Level II), 1-20 days (Level III). Fines: unless otherwise provided, the maximum fine is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor; the fine for a Class 1 or Class A1 misdemeanor is in the discretion of the court (§ 15A-1340.23(b)). A person convicted of a Class 3 misdemeanor who has no more than three prior convictions receives a fine only (§ 15A-1340.23(d)).
How much do you have to steal for it to be a felony in North Carolina?
Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony; where the value is not more than one thousand dollars ($1,000), it is a Class 1 misdemeanor. Larceny is a felony regardless of value if it is from the person; committed pursuant to a violation of G.S. 14-51, 14-53, 14-54, 14-54.1 or 14-57; of an explosive or incendiary device or substance; of any firearm; of a record or paper in the custody of the North Carolina State Archives; or committed after at least four prior larceny-type convictions.
Is North Carolina a stand your ground state?
North Carolina has a stand-your-ground statute. A person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another, or under the circumstances permitted by G.S. 14-51.2 (home, motor vehicle, workplace). A person who uses force as permitted is justified and is immune from civil or criminal liability for the use of such force, except against a law enforcement officer or bail bondsman lawfully acting in the performance of official duties who identified himself or herself as required, or whose status the person knew or reasonably should have known.
Does North Carolina have a castle doctrine?
A lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm when using defensive force intended or likely to cause death or serious bodily harm, if the person against whom force was used was in the process of unlawfully and forcefully entering (or had entered) and the occupant knew or had reason to believe that was occurring (§ 14-51.2(b)). The presumption is rebuttable and does not apply in listed cases, including where the person against whom force is used has a right to be there (such as an owner or lessee with no protective order against them), is a child or grandchild or in the lawful custody of the defender, where the defender is engaged in a violent crime, against a lawfully acting officer or bail bondsman who identified themselves, or after the intruder has discontinued all efforts to unlawfully and forcefully enter and has exited (§ 14-51.2(c)). A person who unlawfully and by force enters or attempts to enter a home, motor vehicle or workplace is presumed to be doing so with the intent to commit an unlawful act involving force or violence (§ 14-51.2(d)). The occupant does not have a duty to retreat from an intruder (§ 14-51.2(f)) and is immune from civil or criminal liability for force used as permitted (§ 14-51.2(e)).
What is the statute of limitations for crimes in North Carolina?
Misdemeanors: the crimes of deceit and malicious mischief, petit larceny where the value does not exceed five dollars, and all misdemeanors except malicious misdemeanors shall be charged within two years after the commission of the same (§ 15-1(a)). Misdemeanors under G.S. 7B-301(b), 14-27.33, 14-202.2, 14-318.2 and 14-318.6 shall be charged within 10 years of the commission of the crime (§ 15-1(b)). Felonies: the North Carolina Department of Justice states that 'there is no statute of limitations on felony crimes,' so felony charges may be brought at any time.
How does bail work in North Carolina?
A judicial official (judge, clerk or magistrate) sets conditions of pretrial release, imposing at least one of: an unsecured appearance bond; custody of a designated person or organization agreeing to supervise the defendant; a secured appearance bond; or house arrest with electronic monitoring (which requires a secured bond). Release on a written promise to appear was repealed by Session Laws 2025-93. For defendants not charged with a violent offense, the official must impose an unsecured bond or custody release unless that will not reasonably assure appearance, will pose a danger of injury to any person, or is likely to result in destruction of evidence, subornation of perjury or intimidation of witnesses — in which case a secured bond or house arrest is imposed and the reasons recorded in writing. A defendant with three or more qualifying convictions in the previous 10 years must receive a secured bond or house arrest. For violent offenses there is a rebuttable presumption that no condition will reasonably assure appearance and safety. The official must review the criminal history and consider the nature and circumstances of the offense, the weight of the evidence, and the defendant's family ties, employment, financial resources, character, housing situation and mental condition, among other factors. Written reasons follow policies issued by the senior resident superior court judge (G.S. 15A-535(a)).
How do you get a public defender in North Carolina?
An indigent person is entitled to appointed counsel in any case in which imprisonment, or a fine of five hundred dollars ($500.00), or more, is likely to be adjudged (§ 7A-451(a)(1)). The court — including the clerk of superior court — determines indigency, and counsel is appointed in accordance with rules adopted by the Office of Indigent Defense Services (§ 7A-452). In each trial-level criminal case where counsel is appointed, the judge orders an appointment fee of seventy-five dollars ($75.00), but no fee is due unless the person is convicted; the fee may not be remitted or revoked by the court, and inability, failure, or refusal to pay it shall not be grounds for denying appointment of counsel, withdrawal of counsel, or contempt (§ 7A-455.1).
What is the age of consent in North Carolina?
Statutory rape of a person who is 15 years of age or younger: a Class B1 felony if the defendant engages in vaginal intercourse with another person who is 15 years of age or younger and the defendant is at least 12 years old and at least six years older than the person; a Class C felony if the defendant is at least 12 years old and more than four but less than six years older than the person — in each case 'except when the defendant is lawfully married to the person.'
Is marijuana legal in North Carolina?
Adult-use marijuana is not legal; possession is a crime. Possession of a Schedule VI controlled substance (marijuana) is a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended. If the quantity exceeds one-half of an ounce of marijuana or one-twentieth of an ounce of hashish, it is punishable as a Class 1 misdemeanor. If the quantity exceeds one and one-half ounces of marijuana or three-twentieths of an ounce of hashish, or consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from resin, it is punishable as a Class I felony (§ 90-95(d)(4)). Unless otherwise provided, the maximum fine for a Class 3 misdemeanor is $200.00 (§ 15A-1340.23(b)).
Is assault a felony in North Carolina?
Simple assault (including simple assault and battery, or taking part in a simple affray) is a Class 2 misdemeanor, punishable by up to 60 days in jail depending on prior convictions and a fine up to $1,000. Assault becomes a Class A1 misdemeanor (up to 150 days) when the attacker inflicts serious injury or uses a deadly weapon, or when the victim is a female assaulted by a male at least 18, a pregnant woman, a child under 12, a government officer or employee, a school employee or volunteer, a transit operator, or certain other listed workers on duty. Assault becomes a felony when it involves serious bodily injury (Class F), a deadly weapon plus serious injury (Class E), a deadly weapon with intent to kill (Class E), or a deadly weapon with intent to kill that inflicts serious injury (Class C). Felony sentences are set by the class and the person's prior record under the state's structured sentencing chart.
Is battery a felony in North Carolina?
North Carolina has no separate battery statute; assault and battery are charged together under the same assault law. Simple assault and battery is a Class 2 misdemeanor, and the same aggravating factors (serious injury, deadly weapon, protected victims) raise assault and battery to a Class A1 misdemeanor or a felony. Assault and battery on a sports official during or right after a sports event is a Class 1 misdemeanor.
Is domestic violence a felony in North Carolina?
North Carolina charges domestic violence under its general assault laws, with several domestic-specific rules. Assaulting someone with whom the defendant has a personal relationship, in the presence of a minor, while inflicting serious injury or using a deadly weapon, is a Class A1 misdemeanor, and a second or later violation requires at least 30 days of active punishment; assault on a female by a male at least 18 is also a Class A1 misdemeanor. Assault that inflicts physical injury by strangulation is a Class H felony. Habitual misdemeanor assault, a Class H felony, applies to certain assaults causing physical injury when the person has two or more prior assault-related convictions, the earliest within 15 years. Knowingly violating a domestic violence protective order is a Class A1 misdemeanor, and a Class H felony after two prior convictions under the protective order law.
What is the penalty for shoplifting in North Carolina?
Shoplifting can be charged as larceny or as concealment of merchandise. Larceny of property worth $1,000 or less is a Class 1 misdemeanor (up to 120 days depending on prior convictions). Willfully concealing unpaid store goods while still on the premises, or switching or altering price tags, is concealment of merchandise: a Class 3 misdemeanor for a first conviction (any suspended sentence requires at least 24 hours of community service), a Class 2 misdemeanor for a second offense within three years, and a Class 1 misdemeanor for a third or later offense within five years. Repeat shoplifting becomes a felony when larceny is committed after the person has been convicted of larceny at least four times, which is a Class H felony. A merchant can also sue for the value of the goods plus consequential damages of not less than $150 and not more than $3,000, plus punitive damages and attorney's fees; parents may be liable for a minor's shoplifting in some cases.
What is the difference between burglary and robbery in North Carolina?
Burglary is breaking and entering another person's dwelling house or room used as a sleeping apartment with intent to commit a felony or larceny inside. It is first-degree burglary, a Class D felony, when someone is actually occupying the home at the time, and second-degree burglary, a Class G felony, when it is not occupied; possessing a firearm during the burglary raises the sentence one felony class. Breaking or entering any building with intent to commit a felony or larceny, or to terrorize or injure an occupant, is a Class H felony; wrongfully breaking or entering a building without that intent is a Class 1 misdemeanor. Robbery (taking property from a person by force or threat, defined by common law) is a Class G felony; robbery with a firearm or other dangerous weapon that endangers or threatens a person's life (armed robbery) is a Class D felony.
Is vandalism a felony in North Carolina?
Vandalism is called willful and wanton injury to property in North Carolina. Damaging someone else's personal property is a Class 2 misdemeanor, or a Class 1 misdemeanor if the damage is more than $200. Damaging real property is a Class 1 misdemeanor, and becomes a Class I felony when residential real property of another is damaged by $1,000 or more. Graffiti vandalism (writing, marking, painting or defacing property, including tombstones and public monuments) is a Class 1 misdemeanor with a minimum $500 fine, and becomes a Class H felony on a third conviction after two prior graffiti convictions.
Is trespassing a crime in North Carolina?
Second-degree trespass is entering or staying on someone's property after being told not to or when it is posted with no-trespassing notices; it is a Class 3 misdemeanor (up to 20 days depending on prior convictions, fine up to $200). Entering or staying on the curtilage of someone's dwelling between midnight and 6:00 A.M. is a Class 2 misdemeanor. First-degree trespass, a Class 2 misdemeanor, is entering or staying without authorization in someone else's building or on premises enclosed or secured to keep out intruders. First-degree trespass becomes a Class I felony at listed critical facilities (such as water, energy or agricultural facilities) when the person enters a building or climbs a fence, a Class G felony if done to disrupt the facility or in a way that risks serious injury, and a Class I felony with a fine of at least $1,000 when a person reenters property after being removed under a court order or writ of possession.
What are the penalties for drug possession in North Carolina?
Simple possession of a Schedule I controlled substance is a Class I felony. Possession of a Schedule II, III or IV substance is generally a Class 1 misdemeanor, but it is a Class I felony for cocaine, methamphetamine, amphetamine or phencyclidine, or for more than 100 dosage units (or more than four of hydromorphone), and a Class H felony for fentanyl or carfentanil. Possessing or using drug paraphernalia is a Class 1 misdemeanor. A first offender with no prior felony or drug convictions who is found guilty of misdemeanor possession or paraphernalia (or certain felony possession) may receive a conditional discharge: the court defers judgment and places the person on probation, and dismisses the case once the conditions are met; this is available only once.
Is a hit and run a felony in North Carolina?
A driver who knows or reasonably should know of a crash must stop and stay at the scene. Willfully leaving the scene of a crash that resulted in serious bodily injury or death is a Class F felony, and willfully leaving a crash that resulted in any injury is a Class H felony. Failing to render reasonable assistance or give required information after an injury crash is a Class 1 misdemeanor, and willfully leaving a crash involving only property damage is a Class 1 misdemeanor. A conviction for leaving a serious-injury or fatal crash brings a four-year license revocation (permanent if someone died, with reapplication possible after seven years); the injury and failure-to-assist offenses bring a one-year revocation.
Is reckless driving a crime in North Carolina?
Reckless driving is driving on a highway or public vehicular area carelessly and heedlessly in willful or wanton disregard of others' rights or safety, or without due caution and at a speed or in a manner that endangers or is likely to endanger people or property. It is a Class 2 misdemeanor, punishable by up to 60 days in jail depending on prior convictions and a fine up to $1,000.
Is harassment a crime in North Carolina?
Stalking is willfully harassing someone on more than one occasion, or engaging in a course of conduct directed at a specific person, without legal purpose, when the person knows or should know it would make a reasonable person fear for their safety or suffer substantial emotional distress; harassment includes calls, texts, email and other electronic communications. Stalking is a Class A1 misdemeanor; it becomes a Class H felony when a court order prohibiting the conduct is in effect, and a Class F felony after a prior stalking conviction. Cyberstalking (threatening or repeatedly harassing electronic messages, knowingly false messages, or secretly placing an electronic tracking device) and harassing or threatening telephone calls are each Class 2 misdemeanors.
Is resisting arrest a felony in North Carolina?
Willfully and unlawfully resisting, delaying or obstructing a public officer doing an official duty is a Class 2 misdemeanor; it becomes a Class I felony if it is the proximate cause of the officer's serious injury, and a Class F felony if it causes serious bodily injury. Fleeing or attempting to elude a law enforcement officer in a vehicle is a Class 1 misdemeanor, and becomes a Class H felony when two or more aggravating factors are present, such as speeding more than 15 mph over the limit, gross impairment, reckless driving, driving with a revoked license, or having a child under 12 in the vehicle. If the eluding causes a death, it is a Class H felony (misdemeanor eluding) or a Class E felony (felony eluding).
What happens if you miss a court date in North Carolina?
A person released before trial who willfully fails to appear before a court or judicial official as required can be charged with failure to appear, in addition to forfeiting any bond. It is a Class I felony if the person was released in connection with a felony charge (or released under G.S. 15A-536 after conviction), and a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000) if the person was released on a misdemeanor charge. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17).
What happens if you violate probation in North Carolina?
A judge decides probation violations and may reduce, terminate, continue, extend, modify or revoke probation. The court may revoke probation only if the person committed a new criminal offense or absconded (willfully avoided supervision); for other violations by a person on felony probation the court may order a 90-day period of confinement, and may revoke only after the person has already received two such periods. Before revoking or extending probation the court must hold a hearing (unless waived) with at least 24 hours' written notice of the alleged violations; the person may speak, present information, confront and cross-examine adverse witnesses unless the court finds good cause, and is entitled to a lawyer (appointed if indigent). Formal rules of evidence do not apply, and the court must make findings to support its decision. An arrested probationer generally gets a preliminary probable-cause hearing within seven working days.
Is obstruction of justice a felony in North Carolina?
Obstruction-type offenses in North Carolina's statutes include resisting, delaying or obstructing a public officer in an official duty, a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000) (Class I felony if it causes an officer serious injury, Class F felony if it causes serious bodily injury). Intimidating or attempting to intimidate a witness, or preventing or deterring a witness from attending court, is a Class G felony. Altering, destroying or stealing evidence held for a criminal case or court proceeding is a Class I felony. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17).
Is perjury a felony in North Carolina?
Perjury — knowingly and intentionally making a false statement under oath or affirmation in a court case, deposition, affidavit, or other matter where a person is lawfully required to be sworn (including certain unsworn declarations allowed by G.S. 7A-98) — is punished as a Class F felony. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17).
Is public intoxication a crime in North Carolina?
Simply being drunk in public is not a crime: 'No person may be prosecuted solely for being intoxicated in a public place,' and an intoxicated person who is not disruptive may be assisted to a shelter or care facility. Being intoxicated and disruptive in public — blocking traffic or a sidewalk or building entrance, fighting or challenging others to fight, cursing or shouting at others, or begging — is a Class 3 misdemeanor (1-10 days with no priors, up to 1-20 days, and a fine up to $200; a person with no more than three prior convictions receives a fine only). Alcoholism is a defense to that charge, and the judge must consider it even if the defendant does not raise it.
What is a disorderly conduct charge in North Carolina?
Disorderly conduct is a public disturbance intentionally caused by, among other things, fighting or violent conduct (or conduct threatening imminent violence), using words, gestures or displays intended and plainly likely to provoke violent retaliation, or seizing or refusing to leave school or college buildings when ordered. Willfully engaging in disorderly conduct is a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000). Intentionally disrupting a funeral, memorial service or funeral processional (subdivision (8)) is a Class 1 misdemeanor for a first offense, a Class I felony for a second, and a Class H felony for a third or later offense.
What is the penalty for indecent exposure in North Carolina?
Willfully exposing one's private parts in a public place in the presence of others is indecent exposure, a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000); exposure for sexual gratification on another's private premises, or from a private place intending to be seen by the public, is also a Class 2 misdemeanor. It is a Class H felony when a person 18 or older willfully exposes their private parts in a public place in the presence of a minor for the purpose of arousing or gratifying sexual desire. That felony ('felonious indecent exposure,' G.S. 14-190.9(a1)) is on the list of reportable offenses for sex-offender registration. Breastfeeding is expressly allowed.
Is prostitution illegal in North Carolina?
Prostitution is illegal throughout North Carolina. Willfully engaging in prostitution is a Class 1 misdemeanor (1-45 days with no priors, up to 1-120 days with five or more priors); a first offender may receive a 12-month conditional discharge with counseling and testing conditions. Soliciting another for prostitution (the buyer side) is a Class I felony for a first offense and a Class H felony for a second or later offense (Class G felony if an adult solicits a minor). Patronizing a prostitute is a Class A1 misdemeanor for a first violation and a Class G felony for a second or later violation, and a Class F felony if the defendant is 18 or older and the prostitute is a minor.
Is gambling legal in North Carolina?
Operating, playing or betting on a game of chance for money or anything of value is a Class 2 misdemeanor (1-30 days for a person with no prior convictions, up to 1-60 days with five or more priors, and a fine up to $1,000), except as allowed by Chapter 18C (the state lottery and sports wagering) or the charitable bingo and raffle provisions; playing a lawfully conducted lottery in any state is not covered. Sports wagering authorized by Chapter 18C 'shall not be considered unlawful' and may be placed through an interactive (online) account or at a place of public accommodation while the bettor is physically in the state (not on Indian lands). Federally recognized tribes may lawfully offer Class III gaming — gaming machines, live table games, raffles, video games, and sports and horse race wagering — on their trust lands under an approved Tribal-State compact.
Is embezzlement a felony in North Carolina?
Embezzlement is a separate crime: a public official, fiduciary (trustee, executor, guardian, settlement agent, etc.), corporate officer, agent, clerk or employee (16 or older) who embezzles or fraudulently or knowingly and willfully misapplies or converts to their own use money or property that came into their care commits a felony. It is a Class H felony if the value is less than $100,000 and a Class C felony if the value is $100,000 or more. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17).
Is identity theft a felony in North Carolina?
Identity theft — knowingly obtaining, possessing or using another person's identifying information (Social Security, license, account, card or PIN numbers, passwords, biometric data and the like) with intent to fraudulently pose as that person to make financial or credit transactions, obtain anything of value, or avoid legal consequences — is a Class G felony. It is a Class F felony if the victim is arrested, detained or convicted as a result, or the offender possesses identifying information of three or more people. Restitution may be ordered and court records corrected for the victim. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17).
Is forgery a felony in North Carolina?
Forging or counterfeiting an instrument such as a check, note, currency or security, or possessing a counterfeit instrument, with intent to injure or defraud, is a Class I felony; transporting or possessing five or more counterfeit instruments is a Class G felony. Uttering (passing) a forged instrument, or forging an endorsement, is a Class I felony. Writing a worthless check is a Class I felony if the check is more than $2,000; at $2,000 or less it is a Class 3 misdemeanor (1-10 days with no priors, up to 1-20 days, and a fine up to $200; a person with no more than three prior convictions receives a fine only) (a Class 1 misdemeanor on a fourth or later conviction, or if drawn on a nonexistent or closed account). Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17).
Is blackmail illegal in North Carolina?
Extortion — threatening another person with the intent to wrongfully obtain anything of value or any acquittance, advantage or immunity — is punished as a Class F felony. North Carolina also keeps an older 'blackmailing' offense — sending a letter or writing demanding money or property with menaces, or threatening to accuse someone of a serious crime to extort money or property — which is a Class 1 misdemeanor (1-45 days with no priors, up to 1-120 days with five or more priors). Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17).
What is the difference between first and second degree murder in North Carolina?
First-degree murder is a killing by poison, lying in wait, imprisonment, starving or torture, any other willful, deliberate and premeditated killing, or a killing during a listed felony such as robbery, kidnapping, burglary or rape (or another felony committed with a deadly weapon). It is punished by death or life imprisonment without parole, as decided under the capital sentencing procedure; a person under 18 at the time is sentenced under a separate part. A murder against a current or former spouse, partner or co-parent may be presumed first-degree when the defendant has a prior qualifying conviction involving the same victim. All other murder is second-degree murder, a Class B1 felony, or a Class B2 felony when the malice comes only from an inherently dangerous act done with wanton disregard for human life.
What is the sentence for manslaughter in North Carolina?
Voluntary manslaughter is a Class D felony and involuntary manslaughter is a Class F felony. Felony death by vehicle (unintentionally causing a death while driving impaired) is a Class D felony; aggravated felony death by vehicle (with a prior impaired-driving conviction within seven years) is a Class D felony sentenced in the aggravated range; and repeat felony death by vehicle is a Class B2 felony. Misdemeanor death by vehicle (a death caused by another traffic violation) is a Class A1 misdemeanor.
Is child endangerment a felony in North Carolina?
A parent or caretaker of a child under 16 who inflicts, allows, or creates a substantial risk of physical injury other than by accident commits misdemeanor child abuse, a Class A1 misdemeanor. It becomes felony child abuse when the child suffers serious physical injury (Class D; Class G if from a willful or grossly negligent act showing reckless disregard for human life) or serious bodily injury (Class B2; Class E if from such a grossly negligent act), when a sexual act or child prostitution is involved (Class D), or for routine infliction of injury with deprivation of necessities (Class B2). An adult who knowingly causes or encourages a juvenile to become delinquent, undisciplined, abused or neglected commits contributing to delinquency, a Class 1 misdemeanor.
Is arson a felony in North Carolina?
Arson of a dwelling is first-degree arson, a Class D felony, if the dwelling was occupied at the time, and second-degree arson, a Class E felony, if it was unoccupied; burning another's occupied mobile home is first-degree arson. Other burnings are graded by the property: an occupied commercial structure (Class D) or unoccupied one (Class E); a church or other place of worship (Class E); a government building, schoolhouse, bridge, or uninhabited house (Class F); and buildings under construction, boats, or other buildings and structures (Class H). Burning one's own dwelling for a fraudulent purpose is Class H, causing $10,000 or more in fire damage during a felony is Class D, and arson that seriously injures a firefighter or officer is Class E or F.
Is animal cruelty a felony in North Carolina?
Intentionally overdriving, overloading, wounding, injuring, tormenting, killing or depriving an animal of necessary food and water is a Class 1 misdemeanor. Maliciously torturing, mutilating, maiming, cruelly beating, disfiguring, poisoning or killing an animal, or maliciously killing it by intentional deprivation of sustenance, is a Class H felony. Lawful hunting and fishing, research, livestock and poultry production, veterinary care and lawful destruction to protect people or property are excluded.
Is revenge porn illegal in North Carolina?
Yes. Knowingly disclosing an identifiable image of another person with intimate parts exposed or engaged in sexual conduct, without that person's affirmative consent, with intent to coerce, harass, intimidate, demean, humiliate or cause financial loss, when the image was obtained or altered without consent or was expected to stay private, is a Class H felony for a person 18 or older. For a person under 18 it is a Class 1 misdemeanor for a first offense and a Class H felony after that. Realistic AI-altered images are covered. The victim may sue for actual damages of at least $1,000 per day of violation or $10,000 (whichever is higher), punitive damages and attorney's fees, within one year of discovery and no more than seven years after the last disclosure.
Is cyberbullying a crime in North Carolina?
Cyber-bullying is a crime: using a computer or computer network to intimidate or torment a minor (or in some cases the minor's parent), for example by building a fake profile, posting private or sexual information or real or doctored images, sending repeated messages, or signing the minor up for pornographic sites. It is a Class 1 misdemeanor for an offender 18 or older and a Class 2 misdemeanor for an offender under 18. A first-time minor offender may receive a conditional discharge, with the case dismissed after probation and the record eligible for expunction.
Is money laundering a felony in North Carolina?
Money laundering (knowingly and willfully acquiring, concealing, transferring or transacting in criminal proceeds, or using them to promote crime, with knowledge of the criminal activity) is a Class H felony when the amount is under $100,000 and a Class C felony at $100,000 or more. Related proceeds from one scheme may be added together to set the class.
What are the human trafficking laws in North Carolina?
Human trafficking (knowingly or recklessly recruiting, enticing, harboring, transporting, providing, patronizing, soliciting or obtaining a person for forced labor or sexual servitude, or causing a minor to be held in such service) is a Class C felony when the victim is an adult and a Class B2 felony when the victim is a minor. A minor's consent or a mistake about age is no defense, and each violation is a separate offense that does not merge with others.
Is jaywalking illegal in North Carolina?
Pedestrians facing a 'Don't Walk' signal may not start to cross, and those already crossing on 'Walk' must continue to a sidewalk or safety island. A pedestrian crossing anywhere other than a marked crosswalk or unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with operating traffic signals pedestrians may cross only in a marked crosswalk. Violations of these traffic rules are infractions with a penalty of up to $100 unless a specific penalty applies.
What is the open container law in North Carolina?
No person may possess an alcoholic beverage other than in the unopened original container, or drink alcohol, in the passenger area of a motor vehicle on a highway or its right-of-way; only the person who possesses or drinks it is charged. Passengers are exempt in vehicles used mainly to carry people for pay, in the living quarters of a motor home, and in a house trailer. A violation is an infraction and is not a moving violation for license points.
What happens if you are caught drinking under 21 in North Carolina?
People under 21 may not buy, try to buy, possess or drink alcohol; for a 19- or 20-year-old buying or possessing is a Class 3 misdemeanor. Using a fake, altered or someone else's ID to buy alcohol or enter a venue is unlawful, as is letting an underage person use your ID. Aiding or abetting an underage purchase is a Class 2 misdemeanor if done by someone underage and a Class 1 misdemeanor if done by someone of age. A conviction for fake-ID use, lending an ID, aiding and abetting, or buying or trying to buy leads to a one-year driver's license revocation, with a limited driving privilege available in some cases.
What happens if you drive on a suspended license in North Carolina?
Driving while one's license is revoked is a Class 3 misdemeanor. If the revocation was for impaired driving, it is a Class 1 misdemeanor and the license is revoked for an additional one year (first offense), two years (second) or permanently (third or later); the same applies to driving after a revocation for failure to appear. In some situations, such as when the person had become eligible for reinstatement, the person may instead be punished as for driving without a license.
What is the penalty for driving without a license in North Carolina?
A person must be licensed to drive a motor vehicle on a highway and must carry the license while driving. Driving without ever obtaining a license is a Class 3 misdemeanor. Failing to carry a valid license is an infraction, and the person cannot be found responsible if they show the court a license that was valid when charged; a recently expired license renewed within 30 days is also a defense.
What knives are legal to carry in North Carolina?
Carrying a concealed bowie knife, dirk, dagger, razor, shuriken or other deadly weapon of like kind off one's own premises is a Class 2 misdemeanor, but the law does not apply to an ordinary pocket knife carried closed (a small knife whose blade folds fully into the handle and does not open by throwing, explosive or spring action). Possessing a bowie knife, dirk, dagger, switchblade knife, razor or any sharp-pointed or edged instrument on school property, openly or concealed, is a Class 1 misdemeanor, except instructional supplies, unaltered nail files and clips, and tools used solely for food preparation, instruction and maintenance. The statutes set no blade-length limit.
Are fireworks legal in North Carolina?
Making, buying, selling, possessing or using pyrotechnics is generally unlawful except for licensed exhibitions. The ban does not apply to toy caps, snakes and glow worms, smoke devices, trick noisemakers such as party poppers and snappers, wire sparklers, and other hand-held or ground-based sparkling devices that do not explode, spin or fly (within set powder limits). Most of these allowed items may not be sold to anyone under 16. A violation is a Class 2 misdemeanor (Class 1 if an exhibition is held indoors).
Is kidnapping a felony in North Carolina?
Kidnapping (unlawfully confining, restraining or moving a person without consent, or without a parent's consent for a child under 16, for ransom, as a hostage or shield, to commit a felony or escape, to seriously injure or terrorize, or for trafficking, forced labor or sexual servitude) is first-degree kidnapping, a Class C felony, if the victim was not released in a safe place or was seriously injured or sexually assaulted; otherwise it is second-degree kidnapping, a Class E felony. Felonious restraint (unlawfully restraining someone and moving them by car or other conveyance) is a Class F felony and is a lesser included offense of kidnapping.
Is making a threat a crime in North Carolina?
Communicating threats (willfully threatening to physically injure a person or their child, sibling, spouse or dependent, or to damage their property, in a way a reasonable person would believe is likely to be carried out, when the person does believe it) is a Class 1 misdemeanor. Threatening by any means to commit an act of mass violence on educational property or at a school-sponsored activity is a Class H felony.
Is stealing a car a felony in North Carolina?
Stealing a vehicle is larceny: a Class H felony if the property is worth more than $1,000 (and a felony regardless of value in listed cases such as larceny from the person or after four prior larceny convictions); otherwise a Class 1 misdemeanor. Unauthorized use of a motor-propelled conveyance ('joyriding': taking or operating someone's motor vehicle, motorboat or other conveyance without consent) is a Class 1 misdemeanor, or a Class H felony for an aircraft. Receiving, transferring or possessing a vehicle known or believed to be stolen, with intent to procure or pass title, is a Class H felony.
Is receiving stolen property a felony in North Carolina?
Receiving or possessing stolen goods, knowing or having reasonable grounds to believe they were stolen, is a Class H felony if the goods are worth more than $1,000 and a Class 1 misdemeanor if worth $1,000 or less, unless a felony-regardless-of-value circumstance applies (for example, goods taken in a burglary or from the person, a firearm, or explosives). Possessing property knowing it was feloniously stolen is punished as a Class H felony. Stolen mail is sentenced one class higher.
What is organized retail theft in North Carolina?
Yes. Organized retail theft covers conspiring with another person to steal retail property for resale or gain, receiving or possessing such property, leading or financing a scheme to sell stolen merchandise, and certain gift-card fraud schemes. Values are added together over a 90-day period, and thefts in more than one county may be charged as one offense: over $1,500 is a Class H felony, over $20,000 a Class G felony, over $50,000 a Class F felony, and over $100,000 a Class C felony. Property acquired through the offense is subject to forfeiture.
What counts as drug trafficking in North Carolina?
Making, selling, delivering or possessing with intent to sell a Schedule I or II drug is a Class H felony (Class G for a sale), Class F for fentanyl or carfentanil, and Class C for making methamphetamine; for Schedule III-VI drugs it is a Class I felony (Class H for a sale). Trafficking carries set mandatory prison terms and fines by weight. Cocaine: 28-200 g Class G (35-51 months, at least $50,000 fine); 200-400 g Class F (70-93 months); 400 g or more Class D (175-222 months, at least $250,000). Heroin and other opioids: 4-14 g Class F (70-93 months); 14-28 g Class E (90-120 months); 28 g or more Class C (225-282 months). Fentanyl/carfentanil: 4-14 g Class E (90-120 months, $500,000); 14-28 g Class D (175-222 months, $750,000); 28 g or more Class C (225-282 months, $1,000,000). Methamphetamine: 28-200 g Class F (70-93 months); 200-400 g Class E (90-120 months); 400 g or more Class C (225-282 months).
Is prescription fraud a felony in North Carolina?
Obtaining a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is prohibited, as is getting prescriptions by intentionally withholding information from one or more practitioners ('doctor shopping') or by knowing misrepresentation to a practitioner. A violation is a Class 1 misdemeanor, or a Class I felony if charged and found to be intentional. Employees or caregivers who divert drugs commit a Class G felony (Class E if done by dilution or substitution).
What is vehicular assault in North Carolina?
Felony serious injury by vehicle (unintentionally causing serious injury to another person while driving impaired, where the impaired driving is the proximate cause) is a Class F felony. Aggravated felony serious injury by vehicle (the same offense with a prior impaired-driving conviction within seven years) is a Class E felony. Racing that causes serious injury is a separate Class H felony, and Class G if it causes serious bodily injury or death.
Is street racing a crime in North Carolina?
Prearranged speed competition on a street or highway is a Class 1 misdemeanor (as is letting your vehicle be used for one or betting on it), and willful racing without prearrangement is a Class 2 misdemeanor; racing that causes serious injury is a Class H felony, and Class G if it causes serious bodily injury or death. A prearranged-racing conviction brings a 3-year license revocation (4 years with serious injury; permanent with serious bodily injury or death), and the car must be seized and is sold at auction after conviction. Operating a vehicle in a street takeover (blocking traffic to perform stunts such as burnouts, doughnuts or drifting) is a Class A1 misdemeanor with at least a $1,000 fine, a Class H felony for a second violation within 24 months, and the vehicle may be seized; participating in or coordinating a takeover is a Class A1 misdemeanor.
What is the penalty for boating under the influence in North Carolina?
Operating a moving vessel on North Carolina waters while under the influence of an impairing substance, or with an alcohol concentration of 0.08 or more, is a Class 2 misdemeanor (up to 60 days) with a mandatory fine of at least $250. Being legally entitled to use the alcohol or drug is not a defense.
Is insurance fraud a felony in North Carolina?
Insurance fraud (knowingly presenting, or helping prepare, a written or oral statement with false or misleading material information in support of or against an insurance claim, intending to injure, defraud or deceive an insurer or claimant) is a Class H felony when the claim is under $100,000 and a Class C felony when it is $100,000 or more. Each claim is a separate count.
What happens if you commit welfare or unemployment fraud in North Carolina?
Public assistance fraud (willfully and knowingly making a false statement or hiding a material fact to obtain or keep public assistance) is a Class 1 misdemeanor if $400 or less and a Class I felony if more than $400; food and nutrition (SNAP) benefit fraud and Medicaid recipient fraud use the same $400 line. Unemployment fraud is likewise a Class 1 misdemeanor at $400 or less and a Class I felony above $400; a claimant found to have knowingly made a false statement is disqualified for 52 weeks, must repay the overpayment (which may be taken from up to 100% of future weekly benefits), and owes a 15% penalty.
Is bribery a felony in North Carolina?
A public official or candidate who accepts or agrees to accept anything of value (including a campaign contribution) in exchange for an official act or omission is punished as a Class F felon, and anyone who offers a bribe, whether or not it is accepted, is also guilty of a Class F felony. Commercial bribery (offering or giving an employee or agent something of value to influence how they handle their employer's business, or an agent accepting it or a purchasing agent taking a kickback) is a Class 2 misdemeanor.
What are the penalties for tax evasion in North Carolina?
Willfully attempting to evade or defeat a state tax or its payment is a Class H felony. Willfully failing to pay a tax, file a return, keep records or supply information is a Class 1 misdemeanor. Willfully helping prepare a return known to be fraudulent is a Class H felony, or for a paid income tax return preparer a Class F felony (Class C if the taxes evaded in one year total $100,000 or more).
What are the penalties for sexual assault in North Carolina?
North Carolina calls rape 'forcible rape' (vaginal intercourse) and other penetration 'forcible sexual offense'. First-degree forcible rape (by force and against the victim's will, with a dangerous weapon, causing serious personal injury, or with help from others) is a Class B1 felony, the second-highest class, which can carry up to life without parole. Second-degree forcible rape (by force, or with a person the actor knows or should know is mentally disabled, mentally incapacitated or physically helpless) is a Class C felony. Sexual battery (forced sexual contact, or contact with such a person, for sexual purposes) is a Class A1 misdemeanor. A person convicted of forcible rape loses custody and inheritance rights over a child conceived in the rape. For sex with minors under the age of consent, see the age-of-consent page.
What are the penalties for child molestation in North Carolina?
Statutory rape of a child by an adult (vaginal intercourse by a person 18 or older with a child under 13) is a Class B1 felony with a mandatory minimum of 300 months (25 years) of active prison time, up to life without parole if extraordinary aggravating factors are found, followed by satellite-based monitoring. Taking indecent liberties with a child (a lewd act, or attempting to take indecent liberties for sexual gratification, by someone at least 16 and at least five years older than a child under 16) is a Class F felony.
What are the child pornography laws in North Carolina?
North Carolina calls these crimes sexual exploitation of a minor; they cover material altered or created to make an identifiable minor appear to be in sexual activity, and child sex dolls. First degree (using, inducing or transporting a minor for sexual activity to be recorded or performed, or producing such material) is a Class C felony (Class D for creating sexualized material of an identifiable minor or a child sex doll for sale). Second degree (distributing, selling, exchanging, receiving, buying or soliciting the material) is a Class E felony. Third degree (possessing it) is a Class H felony. Mistake of age is not a defense.
Is online solicitation of a minor a felony in North Carolina?
Yes. Solicitation of a child by computer (a person 16 or older knowingly using a computer or other electronic device to entice or command a child under 16 who is at least five years younger, or someone believed to be such a child or that child's parent or caretaker, to meet for an unlawful sex act) is a Class G felony for a first offense and a Class E felony for a repeat offense. It is a Class D felony if the defendant, or someone the defendant arranged the meeting for, actually shows up at the meeting place. The child's consent is not a defense.
What happens if you fail to register as a sex offender in North Carolina?
People with a 'reportable conviction' for listed sex offenses who live in North Carolina must register with the county sheriff in person, generally within three business days of release or arriving (immediately if no prison term); nonresidents who work or study here must also register. Registration lasts at least 30 years, but a registrant may petition the superior court to end it after 10 years if there is no later reportable conviction or arrest and the court finds the person is not a threat. Recidivists, people convicted of an aggravated offense, and sexually violent predators must register for life. Willfully failing to register, report an address or online-identifier change, return a verification notice or report in person is a Class F felony.
Can a felon own a gun in North Carolina?
Anyone convicted of a felony (in North Carolina, another state or federal court) may not buy, own, possess or control a firearm, a silencer, or a weapon of mass death and destruction; antique firearms are excluded. Violating the ban is a Class G felony, Class F if done during another felony, Class D if the gun is brandished during a felony, and Class C if fired during a felony. The ban does not apply to a person who was pardoned or had firearm rights restored by the convicting jurisdiction where North Carolina law would also restore them, or to convictions for antitrust or unfair trade practice violations.
Is hacking a crime in North Carolina?
Willfully accessing a computer or network to carry out a scheme to defraud or to get property or services by false pretenses is a Class G felony if the fraud or the property obtained exceeds $1,000, and a Class 1 misdemeanor otherwise; other willful, unauthorized access is a Class 1 misdemeanor. Computer trespass (using a computer without authority to delete or disable data, cause malfunctions, alter data, damage property or copy data) is a Class 3 misdemeanor, a Class 1 misdemeanor if it causes damage under $2,500, and a Class I felony if damage is $2,500 or more. A victim may also sue for damages.
Is North Carolina a one-party consent state?
One-party consent. Willfully intercepting a wire, oral or electronic communication without the consent of at least one party to it, or disclosing or using one knowing it was unlawfully intercepted, is a Class H felony. So a participant in a phone call or in-person conversation, or someone with one participant's consent, may record it.
Is filing a false police report a crime in North Carolina?
Willfully making or causing a false, deliberately misleading or unfounded report to a law enforcement agency or officer, intending to hinder its work or obstruct an officer, is a Class 2 misdemeanor (up to 60 days). It is a Class H felony if the report concerns an investigation into a missing child or a child under 16 who is the victim of a Class A, B1, B2 or C felony.
Does North Carolina have a hate crime law?
Yes, in limited form. If a misdemeanor is committed because of the victim's race, color, religion, nationality or country of origin, a Class 2 or 3 misdemeanor becomes a Class 1 misdemeanor and a Class A1 or Class 1 misdemeanor becomes a Class H felony. Ethnic intimidation (assaulting someone, damaging their property, or threatening to, because of the same characteristics), and teaching others to do so, is a separate Class 1 misdemeanor. The sections read do not list sexual orientation, gender identity, sex or disability.
What happens if you violate parole in North Carolina?
Most felony sentences in North Carolina end with post-release supervision rather than discretionary parole, and the Post-Release Supervision and Parole Commission handles violations. For a violation it may continue supervision (with or without new conditions) or revoke it, following a hearing process in a separate section. People on supervision for sex offenses, those who violate a required controlling condition and those who abscond can be returned for the rest of the maximum term; for others, revocation means three months in prison, up to three months on each of two later revocations, and after that Class B1-E felons may be returned for the remaining term.
What happens if you violate a restraining order in North Carolina?
Knowingly violating a valid domestic violence protective order (including emergency, ex parte and out-of-state orders) is a Class A1 misdemeanor (up to 150 days). A third violation after two prior convictions is a Class H felony, as is violating a stay-away order while carrying a deadly weapon or entering a domestic violence shelter where the protected person lives. Committing a felony while knowingly violating an order raises it one class (except Class A and B1 felonies). Officers must arrest when there is probable cause of a violation.
When can a juvenile be tried as an adult in North Carolina?
North Carolina's juvenile court handles crimes by 16- and 17-year-olds except Class A, B1, B2, C, D and E felonies (and related offenses from the same act or scheme, and motor vehicle offenses): those are excluded from the definition of a delinquent juvenile, so a 16- or 17-year-old charged with a Class A-E felony is prosecuted as an adult rather than in juvenile court. For a juvenile 16 or 17 charged with a Class F or G felony, the juvenile court must transfer the case to superior court after an indictment or a probable cause finding, unless the prosecutor declines to prosecute in superior court; transfer is discretionary for Class H and I felonies. For juveniles 13 to 15, transfer is mandatory for a Class A felony (such as first-degree murder) after a probable cause finding or indictment, and discretionary for other felonies after a hearing. In a transferred case, the prosecutor and the juvenile's attorney may jointly ask the superior court to send the case back to juvenile court, and the superior court record is then expunged.
Does North Carolina have the death penalty?
North Carolina has the death penalty. First-degree murder (a Class A felony) is punished by death or life imprisonment without parole, as decided at a separate sentencing hearing under G.S. 15A-2000; a person who was under 18 at the time of the murder cannot be sentenced to death and is sentenced under separate juvenile provisions. The statute sets the method as intravenous injection of a substance or substances in a lethal quantity sufficient to cause death; if that method is held unconstitutional by a North Carolina court or is otherwise unavailable, the Secretary must choose a method another state has adopted.
Can felons vote in North Carolina?
People convicted of a felony cannot vote until they have completed their sentence, including prison, probation, post-release supervision and parole. Once the sentence and supervision end, the right to vote returns automatically, but the person must register again. Unpaid fines, fees or restitution do not by themselves block voting once supervision has ended. A misdemeanor conviction does not take away the right to vote, even while in jail.
How do you restore your rights after a felony in North Carolina?
Citizenship rights (on which voting and jury eligibility depend) are restored automatically when a person is unconditionally discharged from prison, probation or parole by the agency in charge (or by the court for a suspended sentence), or receives an unconditional pardon, or satisfies all conditions of a conditional pardon; the same applies to federal and out-of-state convictions. Firearm rights are separate: a North Carolina resident convicted of a single nonviolent felony whose citizenship rights have been restored for at least 20 years may petition the district court where they live to restore the right to possess a firearm (Class A, B1 and B2 felonies, and felonies involving assault, a firearm or deadly weapon, or sex offender registration, do not qualify; the filing fee is $200).
Does North Carolina have a three strikes law?
Yes, two laws. A habitual felon is someone with three prior felony convictions (each committed after the conviction for the one before; felonies committed before age 18 count as no more than one, and pardoned felonies do not count). A habitual felon convicted of a new felony is sentenced four classes higher than the new felony, but never higher than Class C. A violent habitual felon is someone with two prior violent felony convictions; on conviction of another violent felony, the sentence must be life imprisonment without parole (unless death is imposed).
Is delta-8 legal in North Carolina?
Hemp-derived THC products are not controlled substances in North Carolina if they meet the hemp limit. State law defines hemp by a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, excludes hemp and hemp products from the definition of marijuana, and excludes from Schedule VI tetrahydrocannabinols found in a product with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. The statutes read set no separate age limit, license or testing rule for hemp-derived THC products. Bills to set a 21 age limit and regulate hemp-derived consumables (House Bill 328, Senate Bill 59 and House Bill 468 of the 2025-2026 session) had not been ratified as of their bill pages in October 2026.
Are magic mushrooms legal in North Carolina?
Psilocybin and psilocin are Schedule I hallucinogenic substances. Possessing any Schedule I controlled substance is a Class I felony (the exception for small amounts in the same subsection applies only to MDPV). Selling, manufacturing or possessing with intent to sell is charged separately. North Carolina law has no legal psilocybin program in the sections read.
Is CBD legal in North Carolina?
Hemp CBD products are legal as hemp products: hemp is cannabis with not more than 0.3 percent delta-9 THC on a dry weight basis, 'hemp products' means all products made from hemp, and marijuana does not include hemp or hemp products. The statutes read set no age limit, license or labeling rule specific to CBD products.
What is the smoking and vaping age in North Carolina?
North Carolina's own law sets the minimum age at 18: it is a Class 2 misdemeanor to sell or give tobacco products, vapor products (e-cigarettes), alternative nicotine products or cigarette wrapping papers to anyone under 18, or to fail to check ID of a buyer who may be under 18. A person under 18 who buys or accepts these products, tries to, or uses a false ID to do so also commits a Class 2 misdemeanor; a first-time minor may qualify for deferred prosecution or a conditional discharge. (Federal law separately sets a minimum sales age of 21.)
Is elder abuse a felony in North Carolina?
A caretaker who knowingly and willfully, with malice, abuses a disabled adult or an 'elder adult' (60 or older and unable to arrange the services needed to protect themselves) in a home setting commits a Class F felony if the person suffers serious injury, or a Class H felony for injury; neglect (wanton, reckless or grossly careless failure to provide care) is a Class G felony for serious injury or Class I for injury. Financial exploitation of an 'older adult' (65 or older) or a disabled adult by deception or intimidation is a separate crime: by a person in a position of trust or a business relationship it is a Class F felony for $100,000 or more, Class G for $20,000 to under $100,000, and Class H for under $20,000; by anyone else it is one class lower (Class G, H or I). For losses over $5,000 the district attorney may ask the court to freeze the defendant's assets.
Is voyeurism a felony in North Carolina?
North Carolina calls this secretly peeping. Secretly peeping into a room occupied by another person, or under or through someone's clothing, is a Class 1 misdemeanor; peeping while having a camera with intent to take images is a Class A1 misdemeanor. Photographing someone while secretly peeping for sexual gratification, secretly photographing a person's private area without consent where they expect privacy, secretly installing a recording device in a room, or knowingly possessing such images is a Class I felony, and sharing them without consent is a Class H felony. Repeat offenses move up one level (a repeat felony is one class higher). For the felony offenses, or a repeat misdemeanor, the court must decide whether the person is a danger to the community and should register as a sex offender, and orders registration if so.
Is assaulting a police officer a felony in North Carolina?
Simple assault is a Class 2 misdemeanor. Assaulting a state or local government officer or employee while they perform official duties is a Class A1 misdemeanor. Assaulting a law enforcement, probation or parole officer on duty and causing physical injury (including cuts, scrapes and bruises) is a Class H felony; causing serious bodily injury is a Class E felony. The same felony rules cover detention facility employees and National Guard members on duty.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.