All Laws Decoded

Hate Crime Laws in North Carolina

How North Carolina law treats hate crimes: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: 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. N.C. Gen. Stat. 14-3(c), 14-401.14

Hate crimesYes, 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.

More North Carolina criminal law

FAQ

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.
Can I get a court-appointed lawyer for hate crimes in North Carolina?
North Carolina's rule on court-appointed lawyers: 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). N.C. Gen. Stat. §§ 7A-451, 7A-452, 7A-455.1
How much does a lawyer for hate crimes cost in North Carolina?
Lawyers set their own fees, and North Carolina has rules on how they may charge. See hiring a criminal defense lawyer in North Carolina for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for hate crimes in North Carolina?
How release before trial works 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)). N.C. Gen. Stat. § 15A-534 What happens after an arrest.
Can a conviction for hate crimes be removed from my record in North Carolina?
Each state sets its own rules for sealing or expunging records. See North Carolina expungement and record sealing rules.

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.