Nc penal code

Nc penal code DEFAULT

Driving While Impaired

Information Concerning Alcohol and Driving While Impaired

There are five levels of misdemeanor Driving While Intoxicated. Level I is the most serious and Level V the least.

Level V

Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail, perform 24 hours of community service or not operate a vehicle for 30 days.

Level IV

Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence but upon completion that the driver spend 48 hours in jail, perform 48 hours of community service or not operate a vehicle for 60 days.

Level III

Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence only upon completion that the driver spend at least 72 hours in jail, perform 72 hours of community service or not operate a vehicle for 90 days.

Level II

Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence.

Level I

Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence.

Level I and II drivers are repeat offenders, persons whose license are revoked, impaired drivers, impaired drivers who are transporting young children and impaired drivers who hurt someone in a crash. Impaired drivers must complete a substance abuse assessment and comply with any recommended treatment as a condition for having their drivers license restored at the end of the revocation period.

Felony DWI

For Habitual DWI offenders, drivers who have had three prior DWI convictions within the past seven years, DWI becomes a more severe felony. But more importantly, the Habitual DWI statute now mandates a minimum active jail term of one year -- a sentence that CANNOT be suspended. Offenders must also go through a substance abuse program while in jail or as a condition of parole.

Seizure and Forfeiture of Vehicles

The Governor's DWI Initiative takes away from repeat DWI offenders the means to drive while impaired; namely, their cars. Under the new provision, a law enforcement officer can seize a driver's car if the officer charges that person with DWI and that person was driving while his or her license was revoked due to a previous impaired driving offense. The seizure happens at the time of the arrest and NOT after the case has come to trial.

If a court convicts the driver of DWI and of committing the offense while driving with a revoked license due to a previous impaired driving offense, the judge will order the vehicle forfeited. The school board can then sell the vehicle and keep the proceeds, sharing the money with any other school systems in the county, or keep the car for its own use. The law does allow vehicle owners to get their cars back if they were not the driver convicted of DWI but only if they satisfy the court that they are an innocent party.

Zero Tolerance for Commercial Motor Vehicle Drivers

It's unlawful for the operator of a commercial motor vehicle to drink and drive. The first offense results in a 10 day disqualification to operate a commercial motor vehicle. The second or subsequent offense revokes the drivers license to operate any vehicle.

Zero tolerance for school bus and school activity bus drivers and child care vehicle drivers drivers.

It is unlawful for school bus and school activity bus drivers and child care vehicle operators (day care van etc.) to drink and drive.

Offenders Under Age 21

Prior to the enactment of the new statutes, North Carolina had already taken a zero-tolerance stance against drivers who were under the legal drinking age who nevertheless drank or used drugs illegally and then got behind the wheel. People under age 21 simply cannot drive with any alcohol or illegally-used drugs in their systems -- period. Any amount of alcohol will result in an immediate 30 day pretrial revocation. If an underage drinking driver refuses to take such a test, he or she now need only have the smell of alcohol on the breath to be convicted of driving after drinking. Offenders will have their licenses revoked for one year but can get limited driving privileges instated by a judge if the driver was at least 18 years old at the time of the offense and did not have a prior conviction.

Drug Testing

The Initiative also recognized North Carolina's inability to prosecute and convict someone for driving while impaired by something other than alcohol. Under the new provision, law officers can now order chemical tests for drugs. It also amends the old law to allow for the revocation of a driver's license if he or she refuses to take such a test.

Drivers License Revocation

All persons charged with DWI who refuse to take an Intoxilyzer test or has results of 0.08 or more, 0.04 if commercial motor vehicle, or under age 21 and the results are above 0.04, will have their license revoked immediately for 30 days. There is a limited driving privilege available after 10 days. Upon conviction of DWI for first offense, the license is revoked for one year. A limited driving privilege may be granted by the judge, but only if the driver did not hurt anyone, did not have a child under sixteen years of age in the car at the time of the drunk driving, and the driver obtains a substance abuse assessment. In order to have a license restored at the end of one year, the driver must go to treatment or school as recommended by the assessment. Upon conviction of a second offense within three years, the revocation is four years.

Refusing a Test

A driver who is stopped by a Trooper or other officer for certain alcohol-related offenses will be requested to submit to a breath test or blood test or both to determine alcohol concentration or the presence of drugs in the blood. The results of the test will be used in court.

If the driver refuses the test, an immediate 30-day revocation is imposed and an additional one-year revocation is imposed after an opportunity for a hearing.

Even if the driver is found not guilty of DWI in court, the one-year revocation is imposed for refusing the test.

A limited driving privilege may be granted but only after a six-month revocation period.

History

Before 1999, North Carolina already had some of the strictest drinking and driving statutes ever adopted in the United States. The Governor's DWI Initiative has made those regulations even tougher.

In December, 1998, the cars of repeat offenders are being seized and sold with the money given to the local school system. In excess of 8,000 vehicles have been seized since then. Starting in the year 2000 any person who is convicted of DWI and has their drivers license reinstated will not be able to drink and drive. Instead of an alcohol concentration of 0.08, these drivers will lose their license if they have limits of 0.04 or higher, depending upon their driving record and if they were charged and convicted after 1 July 2001. An ignition interlock system where the car will not start if the driver has been drinking will be required for some repeat offenders. The repeat offenders are being targeted and for good reason.

In 1998, 469 people died in alcohol-related crashes on North Carolina highways. Another 10,629 were injured. The North Carolina State Highway Patrol arrested nearly 40,000 people for driving while impaired (DWI) in 1998 and more than 43,000 the year before that. The combined DWI arrests for all law enforcement agencies in North Carolina totaled nearly 80,000 for each of those two years, respectively. Though they pale in comparison to the human loss, the financial costs in lawyer fees, court costs, fines, increased insurance rates, and the like to a person convicted of DWI are also great. They range from $6,000 to $8,000 over three years. The bottom line: Never drive after drinking any amount of alcohol!

In North Carolina, it is illegal to drive a vehicle while noticeably impaired or with an alcohol concentration of 0.08 or higher. When driving a commercial motor vehicle, the limit is 0.04. The most significant aspects of the state's new DWI law make punishment more severe for the impaired driver in general and the repeat offender in particular.

Sours: https://www.ncdps.gov/our-organization/law-enforcement/state-highway-patrol/faq/driving-while-impaired

Simple Assault Involving Physical Contact

Application of force is the touching of another person that is intended to cause harm, inflict injury, or to serve as an offense to another. That touching, “however slight,” may violate the law if done so with anger, rude intent, or the intent to cause harm.

Injury, serious injury, serious bodily injury, pain, or actual harm are not required to prove the crime of simple assault involving physical contact. An inadvertent or unintentional touching of the person of another is not a criminal assault.

“Attempted Assault” is a crime in North Carolina.

Example of Simple Assault Involving Physical Contact

An office co-worker approaches a fellow employee and pushes him in the back, causing the victim to temporarily lose his balance. Despite there being no injury or infliction of bodily harm, the defendant could still be charged with simple assault involving physical contact.

Defenses to Simple Assault involving Physical Contact

The crime of assault is not defined by statute in North Carolina. It is a Common Law offense. Defenses recognized under the Common Law may be lawfully asserted.

Self Defense: In North Carolina, you are allowed to defend yourself from assault and assault and battery. Self Defense is limited to the application or use of force reasonably necessary to defend yourself from harm or injury. The amount, nature, and extent of use of force to defend yourself must be reasonable. Any fear of immediate bodily harm or injury must also be reasonable.

Defense of Others: You are allowed to defend others if there exists legal justification, cause, or excuse to do so. The extent of force necessary to defend others must be reasonable and not excessive.

Defense of Property: You are allowed to defend or protect your property, which may include both real property and personal property. Only the use of reasonable force is authorized in defending your property.

Consent: Voluntary consent to an act that would otherwise constitute a Simple Assault Involving Physical Contact is a valid Common Law defense.

Penalties:

Under North Carolina Criminal Law 14-33(c), assault is a misdemeanor offense classified as a Class 2 misdemeanor. The punishment for a Class 2 misdemeanor may include a period of incarceration of up to 60 days.

Punishments for assault may also include costs of court, fines, restitution, community service, alcohol or drug treatment, alcohol monitoring, drug testing and random urinalysis, anger management treatment, psychiatric assessments and treatment, and supervised or unsupervised probation.

Criminal Defense for Simple Assault Cases

Assault Cases If you or someone you love has been arrested or charged with assault, seek legal counsel immediately. Timing can be key, as there often is important evidence to gather from witnesses including statements, photographs, recordings, text messages, social media posts, and emails.

A criminal conviction for assault can cause substantial problems in the future. A criminal record may prevent future employer from offering a good job, or otherwise deter a landlord from renting to you, if they perform a criminal background check on you.

Bill Powers is Board Certified Criminal Law Specialist by the National Board of Legal Specialty Certification / National Board of Trial Advocacy. It’s imperative to begin your defense without delay.

Call our Charlotte Criminal Defense Lawyers NOW: 877-462-3841

Legal consultations for all criminal matters are free of charge. Everything you tell a criminal lawyer is strictly confidential. You may also reach Bill Powers directly by email: [email protected]

Sours: https://www.carolinaattorneys.com/north-carolina-criminal-law-chapter-14-33-a-simple-assault-invol.html
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North Carolina organizes felony crimes into 10 different lettered categories, from Class A to I.

North Carolina organizes felony crimes into ten different lettered categories, from Class A to I, with Class B felonies further divided into Class B1 and Class B2. Class A felonies are the most serious crimes a person can commit, while Class I felonies are considered the least serious type of felony offense. If a statute states that a crime is a felony but fails to classify it, the offense is punishable as a Class I felony. (N.C. Gen. Stat. § 15A-1340.17 (2019).)

For information on less serious crimes (misdemeanors), see North Carolina Misdemeanor Crimes by Class and Sentences.

Sentence Range for Each Level

North Carolina has a grid that determines the sentence range for any felony offense. The sentencing grid is divided into rows (horizontal axis) and columns (vertical axis), with the class of the felony offense organized by row (horizontal), and the level of the offender's prior record organized by columns (vertical). To determine what sentence applies for any felony conviction, you have to know the class of the felony, the convict's prior criminal record level, and what the dispositional range is.

Felony Classes

Every class of felony in North Carolina has a specific, though broad, range of incarceration penalties. Ignoring prior criminal record and dispositional ranges, the prison sentences by class of felony are:

  • Class A felony: death, or life with or without parole
  • Class B1 felony: 144 months to life without parole
  • Class B2 felony: 94 to 393 months
  • Class C felony: 44 to 182 months
  • Class D felony: 38 to 160 months
  • Class E felony: 15 to 63 months
  • Class F felony: 10 to 41 months
  • Class G felony: 8 to 31 months
  • Class H felony: 4 to 25 months
  • Class I felony: 3 to 12 months

(N.C. Gen. Stat. § 15A-1340.17 (2019).)

Prior Record Level Ranges

For any felony offense other than Class A felonies, a North Carolina court has to determine the convicted person's prior criminal record level. (All Class A felonies have a sentence of death, or life in prison with or without parole.)

Each prior conviction is worth a certain number of points. The court adds the points together from all prior convictions, and the sum determines the defendant's prior record level, which can be from I to VI. Someone with little or no prior criminal record will have a Level I record, while someone with an extensive criminal history will have a Level VI record. (N.C. Gen. Stat. § 15A-1340.14 (2019).)

Prior Conviction Points

In general, for each prior conviction, the defendant is given points based on the following criteria:

  • Each prior Class A felony conviction: 10 points
  • Each prior Class BI felony conviction: 9 points
  • Each prior Class B2, C, or D felony conviction: 6 points
  • Each prior Class E, F, or G felony conviction: 4 points
  • Each prior Class H or I felony conviction: 2 points
  • Each prior misdemeanor conviction: 1 point

(N.C. Gen. Stat. § 15A-1340.14 (2019).)

Record Levels

Once you add up all the prior convictions and determine how many points a person has, you can then determine that person's prior record level, as follows:

  • Level I: 0 to 1 point
  • Level II: 2 to 5 points
  • Level III: 6 to 9 points
  • Level IV: 10 to 13 points
  • Level V: 14 to 17 points
  • Level VI: 18 or more points

(N.C. Gen. Stat. § 15A-1340.14 (2019).)

Dispositional Ranges

A dispositional range is the potential length of the sentence a court can impose for any given felony conviction. To determine a person's dispositional range, the court will use the person's prior record level and the level of the felony convicted, and evaluate whether there are any aggravating or mitigating factors.

For each class of felony in any prior record level, there are three different possible dispositional ranges: the presumptive range, the aggravated range, and the mitigated range.

  • Presumptive range. Presumptive ranges are the standard sentences for any felony conviction. Unless the court finds there are aggravating or mitigating circumstances present, the court will order a prison term within the presumptive range.
  • Aggravated range. A court will give a sentence that falls within the aggravated range if it finds aggravating factors are present in the case. There are numerous possible aggravating factors a court can consider, such as whether a defendant was hired to commit the crime; the offense was especially heinous, atrocious, or cruel; or the victim was very old or very young.
  • Mitigated range. If the court finds there are mitigating factors in the case, it will give a sentence that falls within the mitigated range. Like aggravating factors, there are number of mitigating factors the court can consider. Mitigating factors include, for example, whether the defendant supports his or her entire family, believed the conduct was legal, or has accepted responsibility for the criminal conduct.

For example, according to North Carolina's sentencing grid a person who is convicted of a Class C felony, with a prior record level III could be sentenced as follows:

  • Presumptive range: 77 to 96 months
  • Aggravated range: 96 to 120 months
  • Mitigated range: 58 to 77 months

(N.C. Gen. Stat. § 15A-1340.17 (2019).)

Sentence Length

Once the court determines the sentencing range, the judge will then sentence the felon to a minimum and maximum sentence length. The minimum will fall somewhere in the determined sentencing range, and the sentencing grid specifies a corresponding maximum term. Once a person has served the minimum sentence, he or she becomes eligible for parole. (N.C. Gen. Stat. § 15A-1340.17 (2019).)

For example, if a court sentences someone convicted of a Class E felony to a minimum of 18 months in prison, the sentencing grid states that the maximum term will be 34 months. That means that the person will serve a sentence of 18 to 34 months in prison and be eligible for parole after 18 months.

Active, Intermediate, and Community Offenders

Courts don't always sentence felons to prison time in North Carolina. Depending on the class of the felony and the person's prior record, the court can impose an active, intermediate, or community sentence. Someone sentenced to an active sentence must serve their time in prison, while those sentenced to an intermediate or community sentence must serve their time under house arrest, in a drug treatment center, performing community service, or some other punishment as allowed by law.

Fines

In addition to any sentence of imprisonment, the court may order a fine. The amount of the fine is left to the court's discretion. If any sentence authorizes only community punishment, the court can sentence a person to pay a fine instead. (N.C. Gen. Stat. § 15A-1340.17 (2019).)

Statutes of Limitations

Most states have laws, known as statutes of limitations, which give prosecutors a limited amount of time in which to file criminal charges. Once someone commits a crime, prosecutors must file criminal charges within the legally established time limit. Once that time is up, state prosecutors can no longer file criminal charges in the case. However, North Carolina is one of the few states that do not impose such a time limit on felony offenses.

Getting Legal Help

North Carolina's felony laws impose very strict penalties. If you are being investigated for or have been charged with a felony, the best way to avoid a conviction is to work with an experienced criminal defense attorney. A good attorney will be able to tell you what to expect in court and how best to protect your rights.

Sours: https://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/north-felony-class.htm

Full Statute Name:  West's North Carolina General Statutes Annotated. Chapter 14. Criminal Law. Subchapter XI. General Police Regulations. Article 47. Cruelty to Animals; Chapter 19A. Protection of Animals. Chapter 160A. Cities and Towns. Article 8. Delegation and Exercise of the General Police Power.

Article 47. Cruelty to Animals.

§ 14-360 . Cruelty to animals; construction of section

§ 14-360.1 . Immunity for veterinarian reporting animal cruelty

§ 14-361 . Instigating or promoting cruelty to animals

§ 14-361.1 . Abandonment of animals

§ 14-362 . Cockfighting

§ 14-362.1 . Animal fights and baiting, other than cock fights, dog fights and dog baiting

§ 14-362.2 . Dog fighting and baiting

§ 14-362.3 . Restraining dogs in a cruel manner

§ 14-363 . Conveying animals in a cruel manner

§ 14-363.1 . Living baby chicks or other fowl, or rabbits under eight weeks of age; disposing of as pets or novelties forbidden

§ 14-363.2 . Confiscation of cruelly treated animals

§ 14-363.3. Confinement of animals in motor vehicles

Article 49. Protection of Livestock Running at Large

§ 14-365. Repealed by Laws 1971, c. 110

§ 14-366. Molesting or injuring livestock

§ 14-367. Altering the brands of and misbranding another's livestock

§ 14-368. Placing poisonous shrubs and vegetables in public places

§ 14-369. Repealed by Laws 1994, Ex.Sess., c. 14, § 72(20), eff. Oct. 1, 1994

Chapter 19A. Protection of Animals

Article 1. Civil Remedy for Protection of Animals

§ 19A-1 . Definitions

§ 19A-1.1 . Exemptions

§ 19A-2 . Purpose

§ 19A-3 . Preliminary injunction; care of animal pending hearing on the merits

§ 19A-4 . Permanent injunction

Article 2. Protection of Black Bears

§ 19A-10 . Unlawful to buy, sell or enclose (except as provided) black bear

§ 19A-11 . Inapplicable to bona fide zoos, etc.

§ 19A-12 . Possession of black bear on July 1, 1975; surrender of bear; modification of facilities; forfeiture

§ 19A-13 . Violation of Article

§ 19A-14 . Enforcement of Article

§§ 19A-15 to 19A-19 . Reserved

Link to Animal Welfare Act Provisions, Article 3 (N.C.G.S.A. § 19A-20 - 44)

Article 4. Animal Cruelty Investigators

§ 19A-45 . Appointment of animal cruelty investigators; term of office; removal; badge; oath; bond

§ 19A-46 . Powers; magistrate's order; execution of order; petition; notice to owner

§ 19A-47 . Care of seized animals

§ 19A-48 . Interference unlawful

§ 19A-49 . Educational requirements

§§ 19A-50 to 19A-59 . Reserved

Link to Spay/Neuter Program, Article 5 (N.C.G.S.A. § 19A-60 - 65)

Article 5a. Animal Shelter Support Fund

§ 19A-67. Animal Shelter Support Fund

§ 19A-68. Distributions to counties and cities from Animal Shelter Support Fund

§ 19A-69. Report 

Article 6. Animal Subject to Illegal Treatment

§ 19A-70 . Care of animal subjected to illegal treatment

Article 26. Offenses Against Public Morality and Decency.

§ 14-177 . Crime against nature

Chapter 114. Department of Justice. Article 1. Attorney General

§ 114-8.7. Reports of animal cruelty and animal welfare violations

Chapter 153A. Counties. Article 6. Delegation and Exercise of the General Police Power

§ 153A-127. Abuse of animals

Chapter 160A. Cities and Towns. Article 8. Delegation and Exercise of the General Police Power.

§ 160A-182 . Abuse of animals

 

 

Article 47. Cruelty to Animals.

§ 14-360. Cruelty to animals; construction of section

(a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.

(a1) If any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony.

(b) If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class H felony. However, nothing in this section shall be construed to increase the penalty for cockfighting provided for in G.S. 14-362.

(c) As used in this section, the words “torture”, “torment”, and “cruelly” include or refer to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or death. As used in this section, the word “intentionally” refers to an act committed knowingly and without justifiable excuse, while the word “maliciously” means an act committed intentionally and with malice or bad motive. As used in this section, the term “animal” includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings. However, this section shall not apply to the following activities:

(1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this section shall apply to those birds other than pigeons exempted by the Wildlife Resources Commission from its definition of “wild birds” pursuant to G.S. 113-129(15a).

(2) Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.

(2a) Lawful activities conducted for the primary purpose of providing food for human or animal consumption.

(3) Activities conducted for lawful veterinary purposes.

(4) The lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health.

(5) The physical alteration of livestock or poultry for the purpose of conforming with breed or show standards.

Credits
Amended by Laws 1969, c. 1224, § 2; Laws 1979, c. 641; Laws 1985 (Reg. Sess., 1986), c. 967, § 1; Laws 1989, c. 670, § 1; Laws 1993, c. 539, § 239, eff. Oct. 1, 1994; Laws 1994, (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 1998-212, § 17.16(c), eff. Jan. 1, 1999; S.L. 1999-209, § 8, eff. June 24, 1999; S.L. 2007-211, § 1, eff. Dec. 1, 2007; S.L. 2007-211, § 2, eff. July 11, 2007; S.L. 2010-16, §§ 1, 2, eff. Dec. 1, 2010; S.L. 2015-286, § 4.32(a), eff. Oct. 22, 2015.

 

§ 14-360.1. Immunity for veterinarian reporting animal cruelty

Any veterinarian licensed in this State who has reasonable cause to believe that an animal has been the subject of animal cruelty in violation of G.S. 14-360 and who makes a report of animal cruelty, or who participates in any investigation or testifies in any judicial proceeding that arises from a report of animal cruelty, shall be immune from civil liability, criminal liability, and liability from professional disciplinary action and shall not be in breach of any veterinarian-patient confidentiality, unless the veterinarian acted in bad faith or with a malicious purpose. It shall be a rebuttable presumption that the veterinarian acted in good faith. A failure by a veterinarian to make a report of animal cruelty shall not constitute grounds for disciplinary action under G.S. 90-187.8.

Added by S.L. 2007-232, § 1, eff. Oct. 1, 2007.

 

 

§ 14-361. Instigating or promoting cruelty to animals

If any person shall willfully set on foot, or instigate, or move to, carry on, or promote, or engage in, or do any act towards the furtherance of any act of cruelty to any animal, he shall be guilty of a Class 1 misdemeanor.

Amended by Laws 1953, c. 857, § 1; Laws 1969, c. 1224, § 3; Laws 1985 (Reg. Sess., 1986), c. 967, § 1; Laws 1989, c. 670, § 2; Laws 1993, c. 539, § 240, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

 

§ 14-361.1. Abandonment of animals

Any person being the owner or possessor, or having charge or custody of an animal, who willfully and without justifiable excuse abandons the animal is guilty of a Class 2 misdemeanor.

Added by Laws 1979, c. 687. Amended by Laws 1985 (Reg. Sess., 1986), c. 967, § 2; Laws 1989, c. 670, § 3; Laws 1993, c. 539, § 241, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 14-362. Cock fighting

A person who instigates, promotes, conducts, is employed at, allows property under his ownership or control to be used for, participates as a spectator at, or profits from an exhibition featuring the fighting of a cock is guilty of a Class I felony. A lease of property that is used or is intended to be used for an exhibition featuring the fighting of a cock is void, and a lessor who knows this use is made or is intended to be made of his property is under a duty to evict the lessee immediately.

Amended by Laws 1953, c. 857, § 2; Laws 1969, c. 1224, § 3; Laws 1985 (Reg. Sess., 1986), c. 967, § 3; Laws 1993, c. 539, § 242, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 2005-437, § 1, eff. Dec. 1, 2005.

 

 

§ 14-362.1. Animal fights and baiting, other than cock fights, dog fights and dog baiting

(a) A person who instigates, promotes, conducts, is employed at, provides an animal for, allows property under his ownership or control to be used for, or profits from an exhibition featuring the fighting or baiting of an animal, other than a cock or a dog, is guilty of a Class 2 misdemeanor. A lease of property that is used or is intended to be used for an exhibition featuring the fighting or baiting of an animal, other than a cock or a dog, is void, and a lessor who knows this use is made or is intended to be made of his property is under a duty to evict the lessee immediately.

(b) A person who owns, possesses, or trains an animal, other than a cock or a dog, with the intent that the animal be used in an exhibition featuring the fighting or baiting of that animal or any other animal is guilty of a Class 2 misdemeanor.

(c) A person who participates as a spectator at an exhibition featuring the fighting or baiting of an animal, other than a cock or a dog, is guilty of a Class 2 misdemeanor.

(d) A person who commits an offense under subsection (a) within three years after being convicted of an offense under this section is guilty of a Class I felony.

(e) This section does not prohibit the lawful taking or training of animals under the jurisdiction and regulation of the Wildlife Resources Commission.

Added by Laws 1985 (Reg. Sess., 1986), c. 967, § 5. Amended by Laws 1993, c. 539, §§ 243, 1236, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 1997-78, § 2, eff. Dec. 1, 1997.

 

§ 14-362.2. Dog fighting and baiting

(a) A person who instigates, promotes, conducts, is employed at, provides a dog for, allows property under the person's ownership or control to be used for, gambles on, or profits from an exhibition featuring the baiting of a dog or the fighting of a dog with another dog or with another animal is guilty of a Class H felony. A lease of property that is used or is intended to be used for an exhibition featuring the baiting of a dog or the fighting of a dog with another dog or with another animal is void, and a lessor who knows this use is made or is intended to be made of the lessor's property is under a duty to evict the lessee immediately.

(b) A person who owns, possesses, or trains a dog with the intent that the dog be used in an exhibition featuring the baiting of that dog or the fighting of that dog with another dog or with another animal is guilty of a Class H felony.

(c) A person who participates as a spectator at an exhibition featuring the baiting of a dog or the fighting of a dog with another dog or with another animal is guilty of a Class H felony.

(d) This section does not prohibit the use of dogs in the lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission.

(e) This section does not prohibit the use of dogs in earthdog trials that are sanctioned or sponsored by entities approved by the Commissioner of Agriculture that meet standards that protect the health and safety of the dogs. Quarry at an earthdog trial shall at all times be kept separate from the dogs by a sturdy barrier, such as a cage, and have access to food and water.

(f) This section does not apply to the use of herding dogs engaged in the working of domesticated livestock for agricultural, entertainment, or sporting purposes.

Added by S.L. 1997-78, § 1, eff. Dec. 1, 1997. Amended by S.L. 2006-113, § 3.1, eff. Dec. 1, 2006; S.L. 2007-180, § 1, eff. Dec. 1, 2007; S.L. 2007-181, § 1, eff. July 5, 2007.

 

 

§ 14-362.3. Restraining dogs in a cruel manner

A person who maliciously restrains a dog using a chain or wire grossly in excess of the size necessary to restrain the dog safely is guilty of a Class 1 misdemeanor. For purposes of this section, "maliciously" means the person imposed the restraint intentionally and with malice or bad motive.

Added by S.L. 2001-411, § 2, eff. Dec. 1, 2001.

 

§ 14-363. Conveying animals in a cruel manner

If any person shall carry or cause to be carried in or upon any vehicle or other conveyance, any animal in a cruel or inhuman manner, he shall be guilty of a Class 1 misdemeanor. Whenever an offender shall be taken into custody therefor by any officer, the officer may take charge of such vehicle or other conveyance and its contents, and deposit the same in some safe place of custody. The necessary expenses which may be incurred for taking charge of and keeping and sustaining the vehicle or other conveyance shall be a lien thereon, to be paid before the same can be lawfully reclaimed; or the said expenses, or any part thereof remaining unpaid, may be recovered by the person incurring the same of the owner of such animal in an action therefor.

Amended by Laws 1953, c. 857, § 3; Laws 1969, c. 1224, § 4; Laws 1985 (Reg. Sess., 1986), c. 967, § 1; Laws 1989, c. 670, § 4; Laws 1993, c. 539, § 244, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 14-363.1. Living baby chicks or other fowl, or rabbits under eight weeks of age; disposing of as pets or novelties forbidden

If any person, firm or corporation shall sell, or offer for sale, barter or give away as premiums living baby chicks, ducklings, or other fowl or rabbits under eight weeks of age as pets or novelties, such person, firm or corporation shall be guilty of a Class 3 misdemeanor. Provided, that nothing contained in this section shall be construed to prohibit the sale of nondomesticated species of chicks, ducklings, or other fowl, or of other fowl from proper brooder facilities by hatcheries or stores engaged in the business of selling them for purposes other than for pets or novelties.

Added by Laws 1973, c. 466, § 1. Amended by Laws 1985 (Reg. Sess., 1986), c. 967, § 4; Laws 1993, c. 539, § 245, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994. 

 

 

§ 14-363.2. Confiscation of cruelly treated animals

Conviction of any offense contained in this Article may result in confiscation of cruelly treated animals belonging to the accused and it shall be proper for the court in its discretion to order a final determination of the custody of the confiscated animals.

Added by Laws 1979, c. 640.

 

§ 14-363.3. Confinement of animals in motor vehicles

(a) In order to protect the health and safety of an animal, any animal control officer, animal cruelty investigator appointed under G.S. 19A-45, law enforcement officer, firefighter, or rescue squad worker, who has probable cause to believe that an animal is confined in a motor vehicle under conditions that are likely to cause suffering, injury, or death to the animal due to heat, cold, lack of adequate ventilation, or under other endangering conditions, may enter the motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible for the animal.

(b) Nothing in this section shall be construed to apply to the transportation of horses, cattle, sheep, swine, poultry, or other livestock.

Credits
Added by S.L. 2013-377, § 6, eff. July 29, 2013.

 

Article 49. Protection of Livestock Running at Large

§ 14-365. Repealed by Laws 1971, c. 110

 

§ 14-366. Molesting or injuring livestock

If any person shall unlawfully and on purpose drive any livestock, lawfully running at large in the range, from said range, or shall kill, maim or injure any livestock, lawfully running at large in the range or in the field or pasture of the owner, whether done with actual intent to injure the owner, or to drive the stock from the range, or with any other unlawful intent, every such person, his counselors, aiders, and abettors, shall be guilty of a Class 2 misdemeanor: provided, that nothing herein contained shall prohibit any person from driving out of the range any stock unlawfully brought from other states or places. In any indictment under this section it shall not be necessary to name in the bill or prove on the trial the owner of the stock molested, maimed, killed or injured. Any person violating any provision of this section shall be guilty of a Class 2 misdemeanor.

Credits

Amended by Laws 1969, c. 1224, § 9; Laws 1993, c. 539, § 246, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 14-367. Altering the brands of and misbranding another's livestock

If any person shall knowingly alter or deface the mark or brand of any other person's horse, mule, ass, neat cattle, sheep, goat, or hog, or shall knowingly mismark or brand any such beast that may be unbranded or unmarked, not properly his own, with intent to defraud any other person, the person so offending shall be guilty of a Class H felony.

Credits

Amended by Laws 1993, c. 539, § 1237, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 14-368. Placing poisonous shrubs and vegetables in public places

If any person shall throw into or leave exposed in any public square, street, lane, alley or open lot in any city, town or village, or in any public road, any mock orange or other poisonous shrub, plant, tree or vegetable, he shall be liable in damages to any person injured thereby and shall also be guilty of a Class 2 misdemeanor.

Credits

Amended by Laws 1969, c. 1224, § 3; Laws 1993, c. 539, § 247, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 14-369. Repealed by Laws 1994, Ex.Sess., c. 14, § 72(20), eff. Oct. 1, 1994 

 

Chapter 19A. Protection of Animals

Article 1. Civil Remedy for Protection of Animals

 

§ 19A-1. Definitions

 

The following definitions apply in this Article:


(1) The term “animals” includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings.


(2) The terms “cruelty” and “cruel treatment” include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted.


(3) The term “person” has the same meaning as in G.S. 12-3.

 

CREDIT(S)


Added by Laws 1969, c. 831. Amended by Laws 1979, c. 808, § 2; Laws 1995, c. 509, § 19, eff. July 29, 1995; S.L. 2003-208, § 1, eff. June 19, 2003.


 

This Article shall not apply to the following:

(1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this Article applies to those birds other than pigeons exempted by the Wildlife Resources Commission from its definition of “wild birds” pursuant to G.S. 113-129(15a).

(2) Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.

(3) Lawful activities conducted for the primary purpose of providing food for human or animal consumption.

(4) Activities conducted for lawful veterinary purposes.

(5) The lawful destruction of any animal for the purposes of protecting the public, other animals, or the public health.

(6) Lawful activities for sport.

(7) The taking and holding in captivity of a wild animal by a licensed sportsman for use or display in an annual, seasonal, or cultural event, so long as the animal is captured from the wild and returned to the wild at or near the area where it was captured.

Credits
Added by S.L. 2003-208, § 1, eff. June 19, 2003. Amended by S.L. 2013-3, § 3, eff. March 6, 2013; S.L. 2015-286, § 4.32(b), eff. Oct. 22, 2015.
 

§ 19A-2. Purpose
It shall be the purpose of this Article to provide a civil remedy for the protection and humane treatment of animals in addition to any criminal remedies that are available and it shall be proper in any action to combine causes of action against one or more defendants for the protection of one or more animals. A real party in interest as plaintiff shall be held to include any person even though the person does not have a possessory or ownership right in an animal; a real party in interest as defendant shall include any person who owns or has possession of an animal. Venue for any action filed under this Article shall only be in the county where any violation is alleged to have occurred.

Credits

Added by Laws 1969, c. 831. Amended by Laws 1995, c. 509, § 20, eff. July 29, 1995; S.L. 2008-203, § 1, eff. June 19, 2003; S.L. 2013-3, § 4, eff. March 6, 2013; S.L. 2013-410, § 4.1, eff. Aug. 23, 2013.

 

§ 19A-3. Preliminary injunction; care of animal pending hearing on the merits

(a) Upon the filing of a verified complaint in the district court in the county in which cruelty to an animal has allegedly occurred, the judge may, as a matter of discretion, issue a preliminary injunction in accordance with the procedures set forth in G.S. 1A-1, Rule 65. Every such preliminary injunction, if the plaintiff so requests, may give the plaintiff the right to provide suitable care for the animal. If it appears on the face of the complaint that the condition giving rise to the cruel treatment of an animal requires the animal to be removed from its owner or other person who possesses it, then it shall be proper for the court in the preliminary injunction to allow the plaintiff to take possession of the animal as custodian.

(b) The plaintiff as custodian may employ a veterinarian to provide necessary medical care for the animal without any additional court order. Prior to taking such action, the plaintiff as custodian shall consult with, or attempt to consult with, the defendant in the action, but the plaintiff as custodian may authorize such care without the defendant's consent. Notwithstanding the provisions of this subsection, the plaintiff as custodian may not have an animal euthanized without written consent of the defendant or a court order that authorizes euthanasia upon the court's finding that the animal is suffering due to terminal illness or terminal injury.

(c) The plaintiff as custodian may place an animal with a foster care provider. The foster care provider shall return the animal to the plaintiff as custodian on demand.

CREDIT(S)

Added by Laws 1969, c. 831. Amended by Laws 1971, c. 528, § 10; Laws 1979, c. 808, § 3; S.L. 2003-208, § 1, eff. June 19, 2003; S.L. 2006-113, § 1.1, eff. Dec. 1, 2006.

 

§ 19A-4. Permanent injunction

(a) In accordance with G.S. 1A-1, Rule 65, a district court judge in the county in which the original action was brought shall determine the merits of the action by trial without a jury, and upon hearing such evidence as may be presented, shall enter orders as the court deems appropriate, including a permanent injunction and dismissal of the action along with dissolution of any preliminary injunction that had been issued.

(b) If the plaintiff prevails, the court in its discretion may include the costs of food, water, shelter, and care, including medical care, provided to the animal, less any amounts deposited by the defendant under G.S. 19A-70, as part of the costs allowed to the plaintiff under G.S. 6-18. In addition, if the court finds by a preponderance of the evidence that even if a permanent injunction were issued there would exist a substantial risk that the animal would be subjected to further cruelty if returned to the possession of the defendant, the court may terminate the defendant's ownership and right of possession of the animal and transfer ownership and right of possession to the plaintiff or other appropriate successor owner. For good cause shown, the court may also enjoin the defendant from acquiring new animals for a specified period of time or limit the number of animals the defendant may own or possess during a specified period of time.

(c) If the final judgment entitles the defendant to regain possession of the animal, the custodian shall return the animal, including taking any necessary steps to retrieve the animal from a foster care provider.

(d) The court shall consider and may provide for custody and care of the animal until the time to appeal expires or all appeals have been exhausted.

CREDIT(S)

Added by Laws 1969, c. 831. Amended by Laws 1971, c. 528, § 10; Laws 1979, c. 808, § 4; S.L. 2003-208, § 1, eff. June 19, 2003; S.L. 2006-113, § 1.2, eff. Dec. 1, 2006.

 

§§ 19A-5 to 19A-9. Reserved

 

Article 2. Protection of Black Bears

§ 19A-10. Unlawful to buy, sell or enclose (except as provided) black bear

Except as otherwise provided in applicable statutes, it shall be unlawful for any person to buy or sell black bears or for any person, firm or corporation to possess or keep any black bear (Ursus americanus) in any enclosure, pen, cage, or other place or means of captivity except as hereinafter provided.

CREDIT(S)

Added by Laws 1975, c. 56, § 1.

 

§ 19A-11. Inapplicable to bona fide zoos, etc.

The provisions of this Article shall not apply to bona fide zoos which are operated by federal, State, or local governmental agencies, or to educational institutions in which black bears are kept or exhibited as part of a bona fide course of training or research in the natural sciences, or to black bears held without caging under conditions simulating a natural habitat, the development of which is in accord with plans and specifications developed by the holder and approved by the Wildlife Resources Commission.

CREDIT(S)

Added by Laws 1975, c. 56, § 2.

 

§ 19A-12. Possession of black bear on July 1, 1975; surrender of bear; modification of facilities; forfeiture

Any person, firm or corporation in possession of a black bear on July 1, 1975, under an existing permit issued by the Wildlife Resources Commission, where the conditions under which such black bear is held are in violation of this Article, may immediately surrender such black bear and such permit to the Wildlife Resources Commission which shall compensate such person, firm or corporation in the amount actually paid for such bear not to exceed the sum of one hundred dollars ($100.00) for any one bear. In lieu of surrendering such black bear and such permit, any such person, firm or corporation may give immediately written notice to the Wildlife Resources Commission that plans and specifications for facilities to hold such bear without caging under conditions simulating a natural habitat will be submitted to the Commission for approval within 30 days thereafter. In the event such plans and specifications are not submitted within the time thus limited, or they are disapproved by the Commission, or the facilities are not completed in accordance therewith within 60 days after approval by the Commission, continued possession of a black bear by such person, firm or corporation after any of such events shall constitute a violation of the provisions of this Article, and any such black bear shall be forfeited to the Wildlife Resources Commission without compensation.

CREDIT(S)

Added by Laws 1975, c. 56, § 3.

 

§ 19A-13. Violation of Article

Violation of the provisions of this Article shall constitute a Class 2 misdemeanor.

CREDIT(S)

Added by Laws 1975, c. 56, § 4. Amended by Laws 1993, c. 539, § 314, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 19A-14. Enforcement of Article

Law-enforcement officers of the Wildlife Resources Commission and all other peace officers are authorized and empowered to enforce the provisions of this Article.

CREDIT(S)

Added by Laws 1975, c. 56, § 5.

 

§§ 19A-15 to 19A-19. Reserved

 

Link to Animal Welfare Act Provisions: N.C.G.S.A. § 19A-20 - 44

 

Article 4. Animal Cruelty Investigators

§ 19A-45. Appointment of animal cruelty investigators; term of office; removal; badge; oath; bond

(a) The board of county commissioners is authorized to appoint one or more animal cruelty investigators to serve without any compensation or other employee benefits in his county. In making these appointments, the board may consider persons nominated by any society incorporated under North Carolina law for the prevention of cruelty to animals. Prior to making any such appointment, the board of county commissioners is authorized to enter into an agreement whereby any necessary expenses of caring for seized animals not collectable pursuant to G.S. 19A-47 may be paid by the animal cruelty investigator or by any society incorporated under North Carolina law for the prevention of cruelty to animals that is willing to bear such expense.

(b) Animal cruelty investigators shall serve a one-year term subject to removal for cause by the board of county commissioners. Animal cruelty investigators shall, while in the performance of their official duties, wear in plain view a badge of a design approved by the board identifying them as animal cruelty investigators, and provided at no cost to the county.

(c) Animal cruelty investigators shall take and subscribe the oath of office required of public officials. The oath shall be filed with the clerk of superior court. Animal cruelty investigators shall not be required to post any bond.

(d) Upon approval by the board of county commissioners, the animal cruelty investigator or investigators may be reimbursed for all necessary and actual expenses, to be paid by the county.

CREDIT(S)

Added by Laws 1979, c. 808, § 1.

 

§ 19A-46. Powers; magistrate's order; execution of order; petition; notice to owner

(a) Whenever any animal is being cruelly treated as defined in G.S. 19A-1(2), an animal cruelty investigator may file with a magistrate a sworn complaint requesting an order allowing the investigator to provide suitable care for and take immediate custody of the animal. The magistrate shall issue the order only when he finds probable cause to believe that the animal is being cruelly treated and that it is necessary for the investigator to immediately take custody of it. Any magistrate's order issued under this section shall be valid for only 24 hours after its issuance. After he executes the order, the animal cruelty investigator shall return it with a written inventory of the animals seized to the clerk of court in the county where the order was issued.

(b) The animal cruelty investigator may request a law-enforcement officer or animal control officer to accompany him to help him seize the animal. An investigator may forcibly enter any premises or vehicle when necessary to execute the order only if he reasonably believes that the premises or vehicle is unoccupied by any person and that the animal is on the premises or in the vehicle. Forcible entry shall be used only when the animal cruelty investigator is accompanied by a law-enforcement officer. In any case, he must give notice of his identity and purpose to anyone who may be present before entering said premises. Forcible entry shall only be used during the daylight hours.

(c) When he has taken custody of such an animal, the animal cruelty investigator shall file a complaint pursuant to Article 1 of this Chapter as soon as possible. When he seizes the animal, he shall leave with the owner, if known, or affixed to the premises or vehicle a copy of the magistrate's order and a written notice of a description of the animal, the place where the animal will be taken, the reason for taking the animal, and the investigator's intent to file a complaint in district court requesting custody of the animal pursuant to Article 1 of this Chapter.

(d) Notwithstanding the provisions of G.S. 7A-305(c), any person who commences a proceeding under this Article or Article 1 of this Chapter shall not be required to pay any court costs or fees prior to a final judicial determination as provided in G.S. 19A-4, at which time those costs shall be paid pursuant to the provisions of G.S. 6-18.

(e) Any judicial order authorizing forcible entry shall be issued by a district court judge.

CREDIT(S)

Added by Laws 1979, c. 808, § 1.

 

§ 19A-47. Care of seized animals

The investigator must take any animal he seizes directly to some safe and secure place and provide suitable care for it. The necessary expenses of caring for seized animals, including necessary veterinary care, shall be a charge against the animal's owner and a lien on the animal to be enforced as provided by G.S. 44A-4.

CREDIT(S)

Added by Laws 1979, c. 808, § 1.

 

§ 19A-48. Interference unlawful

It shall be a Class 1 misdemeanor, to interfere with an animal cruelty investigator in the performance of his official duties.

CREDIT(S)

Added by Laws 1979, c. 808, § 1. Amended by Laws 1993, c. 539, § 318, eff. Oct. 1, 1994; Laws 1994( 1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 19A-49. Educational requirements

Each animal cruelty investigator at his own expense must attend annually a course of at least six hours instruction offered by the North Carolina Humane Federation or some other agency. The course shall be designed to give the investigator expertise in the investigation of complaints relating to the care and treatment of animals. Failure to attend a course approved by the board of county commissioners shall be cause for removal from office.

CREDIT(S)

Added by Laws 1979, c. 808, § 1.

 

§§ 19A-50 to 19A-59. Reserved

 

Link to Spay/Neuter Program - N.C.G.S.A. § 19A-60 - 65

 

Article 5a. Animal Shelter Support Fund

§ 19A-67. Animal Shelter Support Fund

(a) Creation.--The Animal Shelter Support Fund is established as a special fund in the Department of Agriculture and Consumer Services. The Fund consists of appropriations by the General Assembly or contributions and grants from public or private sources.

(b) Use.--The Fund shall be used by the Animal Welfare Section of the Department of Agriculture and Consumer Services to reimburse local governments for expenses related to their operation of a registered animal shelter due to any of the following:

(1) The denial, suspension, or revocation of the shelter's registration.

(2) An unforeseen catastrophic disaster at an animal shelter.

(c) Rules.--The Board of Agriculture shall issue rules detailing eligible expenses and application guidelines that comply with the requirements of this Article.

(d) Reversion.--Any appropriated and unencumbered funds remaining at the end of each fiscal year in excess of two hundred fifty thousand dollars ($250,000) shall revert to the General Fund.

Credits

Added by S.L. 2015-241, § 13.7(b), eff. July 1, 2015. Amended by S.L. 2016-113, § 6(a), eff. July 26, 2016.

 

§ 19A-68. Distributions to counties and cities from Animal Shelter Support Fund

(a) Reimbursable Costs.--Local governments eligible for distributions from the Animal Shelter Support Fund may receive reimbursement only for the direct operational costs of the animal shelter following an event described in G.S. 19A-67(b). For purposes of this subsection, direct operational costs shall include veterinary services, sanitation services and needs, animal sustenance and supplies, and temporary housing and sheltering. Counties and cities shall not be reimbursed for administrative costs or capital expenditures for facilities and equipment.

(b) Cost-Share.--A local government requesting distributions from the Animal Shelter Support Fund must provide a local match based on their most recent development tier designation as defined in G.S. 143B-437.08. Local governments located in development tier one counties must provide a match equivalent to one dollar ($1.00) for every three dollars ($3.00) distributed from the Fund. Local governments located in development tier two counties must provide a match equivalent to one dollar ($1.00) for every two dollars ($2.00) distributed from the Fund. Local governments located in development tier three counties must provide a match equivalent to one dollar ($1.00) for every one dollar ($1.00) distributed from the Fund.

(c) Application.--A county or city eligible for reimbursement from the Animal Shelter Support Fund shall apply to the Department of Agriculture and Consumer Services within 60 days of when the reimbursable cost has been incurred. The application shall be submitted in the form required by the Department and shall include an itemized listing of the costs for which reimbursement is sought.

(d) Distribution.--The Department shall make payments from the Animal Shelter Support Fund to eligible counties and cities that have made timely application for reimbursement within 30 days of receipt of requests.

Credits

Added by S.L. 2015-241, § 13.7(b), eff. July 1, 2015.

 

§ 19A-69. Report

The Department shall report annually to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division no later than March 1. The report shall contain information regarding all revenues and expenditures of the Animal Shelter Support Fund.

Credits

Added by S.L. 2015-241, § 13.7(b), eff. July 1, 2015.

 

Article 6. Animal Subject to Illegal Treatment

§ 19A-70. Care of animal subjected to illegal treatment

 

(a) In every arrest under any provision of Article 47 of Chapter 14 of the General Statutes or under G.S. 67-4.3 or upon the commencement of an action under Article 1 of this Chapter by a county or municipality, by a county-approved animal cruelty investigator, by other county or municipal official, or by an organization operating a county or municipal shelter under contract, if an animal shelter takes custody of an animal, the operator of the shelter may file a petition with the court requesting that the defendant be ordered to deposit funds in an amount sufficient to secure payment of all the reasonable expenses expected to be incurred by the animal shelter in caring for and providing for the animal pending the disposition of the litigation. For purposes of this section, “reasonable expenses” includes the cost of providing food, water, shelter, and care, including medical care, for at least 30 days.

(b) Upon receipt of a petition, the court shall set a hearing on the petition to determine the need to care for and provide for the animal pending the disposition of the litigation. The hearing shall be conducted no less than 10 and no more than 15 business days after the petition is filed. The operator of the animal shelter shall mail written notice of the hearing and a copy of the petition to the defendant at the address contained in the criminal charges or the complaint or summons by which a civil action was initiated. If the defendant is in a local detention facility at the time the petition is filed, the operator of the animal shelter shall also provide notice to the custodian of the detention facility.

(c) The court shall set the amount of funds necessary for 30 days' care after taking into consideration all of the facts and circumstances of the case, including the need to care for and provide for the animal pending the disposition of the litigation, the recommendation of the operator of the animal shelter, the estimated cost of caring for and providing for the animal, and the defendant's ability to pay. If the court determines that the defendant is unable to deposit funds, the court may consider issuing an order under subsection (f) of this section.

Any order for funds to be deposited pursuant to this section shall state that if the operator of the animal shelter files an affidavit with the clerk of superior court, at least two business days prior to the expiration of a 30-day period, stating that, to the best of the affiant's knowledge, the case against the defendant has not yet been resolved, the order shall be automatically renewed every 30 days until the case is resolved.

(d) If the court orders that funds be deposited, the amount of funds necessary for 30 days shall be posted with the clerk of superior court. The defendant shall also deposit the same amount with the clerk of superior court every 30 days thereafter until the litigation is resolved, unless the defendant requests a hearing no less than five business days prior to the expiration of a 30-day period. If the defendant fails to deposit the funds within five business days of the initial hearing, or five business days of the expiration of a 30-day period, the animal is forfeited by operation of law. If funds have been deposited in accordance with this section, the operator of the animal shelter may draw from the funds the actual costs incurred in caring for the animal.

In the event of forfeiture, the animal shelter may determine whether the animal is suitable for adoption and whether adoption can be arranged for the animal. The animal may not be adopted by the defendant or by any person residing in the defendant's household. If the adopted animal is a dog used for fighting, the animal shelter shall notify any persons adopting the dog of the liability provisions for owners of dangerous dogs under Article 1A of Chapter 67 of the General Statutes. If no adoption can be arranged after the forfeiture, or the animal is unsuitable for adoption, the shelter shall humanely euthanize the animal.

(e) The deposit of funds shall not prevent the animal shelter from disposing of the animal prior to the expiration of the 30-day period covered by the deposit if the court makes a final determination of the charges or claims against the defendant. Upon determination, the defendant is entitled to a refund for any portion of the deposit not incurred as expenses by the animal shelter. A person who is acquitted of all criminal charges or not found to have committed animal cruelty in a civil action under Article 1 of this Chapter is entitled to a refund of the deposit remaining after any draws from the deposit in accordance with subsection (d) of this section.

(f) Pursuant to subsection (c) of this section, the court may order a defendant to provide necessary food, water, shelter, and care, including any necessary medical care, for any animal that is the basis of the charges or claims against the defendant without the removal of the animal from the existing location and until the charges or claims against the defendant are adjudicated. If the court issues such an order, the court shall provide for an animal control officer or other law enforcement officer to make regular visits to the location to ensure that the animal is receiving necessary food, water, shelter, and care, including any necessary medical care, and to impound the animal if it is not receiving those necessities.

CREDIT(S)

 

Added by S.L. 2005-383, § 1, eff. Dec. 1, 2005. Amended by S.L. 2006-113, § 2.1, eff. Dec. 1, 2006.

 

 

Chapter 14. Criminal Law. Subchapter VII. Offenses Against Public Morality and Decency. Article 26. Offenses Against Public Morality and Decency.

§ 14-177. Crime against nature*

 

If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.


CREDIT(S)

 

Amended by Laws 1965, c. 621, § 4; Laws 1979, c. 760, § 5; Laws 1979, 2nd Sess.,c. 1316, § 47; Laws 1981, c. 63, § 1, Laws 1981, c. 179, § 14; Laws 1993, c. 539, § 1191, eff. Oct. 1, 1994; Laws 1994, (1st Ex.Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

*Unconstitutional as Applied by State v. Whiteley, 616 S.E.2d 576, 576+, (N.C.App. Aug. 16, 2005), (NO. COA04-636)

 

Chapter 114. Department of Justice. Article 1. Attorney General

 

§ 114-8.7. Reports of animal cruelty and animal welfare violations

 

(a) The Attorney General shall establish a hotline to receive reports of allegations of animal cruelty or violations of the Animal Welfare Act, Article 3 of Chapter 19A of the General Statutes, against animals under private ownership, by means including telephone, electronic mail, and Internet Web site. The Attorney General shall periodically publicize the hotline telephone number, electronic mail address, Internet Web site address, and any other means by which the Attorney General may receive reports of allegations of animal cruelty or violations of the Animal Welfare Act. Any individual who makes a report under this section shall disclose his or her name and telephone number and any other information the Attorney General may require.

 

(b) When the Attorney General receives allegations involving activity that the Attorney General determines may involve cruelty to animals under private ownership in violation of Article 47 of Chapter 14 of the General Statutes, the allegations shall be referred to the appropriate local animal control authority for the unit or units of local government within which the violations are alleged to have occurred. When the Attorney General receives allegations involving activity that the Attorney General determines may involve violations of the Animal Welfare Act, the allegations shall be referred to the Department of Agriculture and Consumer Services. The Attorney General shall record the total number of reports received on the hotline and the number of reports received against any individual on the hotline.

 

(c) Notwithstanding other provisions of law, the Department of Justice is authorized to spend any federal, State, local, or private funds available for this purpose to administer the provisions of this section.

 

(d) Notwithstanding G.S. 147-33.72C and related provisions of law, in order to expedite the timely implementation of technology systems to record and manage public allegations and complaints received pursuant to this section, the Department of Justice is exempted from external agency project approval standards.

 

Credits
Added by S.L. 2015-286, § 4.36(a), eff. March 1, 2016.

 

 

Chapter 160A. Cities and Towns. Article 8. Delegation and Exercise of the General Police Power.

 

§ 160A-182. Abuse of animals


A city may by ordinance define and prohibit the abuse of animals.


CREDIT(S)

 

Amended by Laws 1971, c. 698, § 1.

 

Chapter 153A. Counties. Article 6. Delegation and Exercise of the General Police Power

§ 153A-127. Abuse of animals

A county may by ordinance define and prohibit the abuse of animals.

Credits

Added by Laws 1973, c. 822, § 1.

 

 

Sours: https://www.animallaw.info/statute/nc-cruelty-article-47-cruelty-animals

Code nc penal

OffensePenaltyIncarceration  Max. Fine  

Possession

Personal Use

0.5 oz or lessMisdemeanorN/A$ 200
0.5 - 1.5 ozMisdemeanor1 - 45 days$ 1,000
More than 1.5 oz - 10 lbsFelony3 - 8 months$ 1,000

With intent to distribute

More than 10 - less than 50 lbsFelony25* - 39 months$ 5,000
50 - less than 2000 lbsFelony35* - 51 months$ 25,000
2000 - less than 10,000 lbsFelony70* - 93 months$ 50,000
10,000 lbs or moreFelony175* - 222 months$ 200,000
* Mandatory minimum sentence

Sale or Delivery

10 lbs or lessFelony4 - 8 months$ 1,000
More than 10 - less than 50 lbsFelony25* - 39 months$ 5,000
50 - less than 2000 lbsFelony35* - 51 months$ 25,000
2000 - less than 10,000 lbsFelony70* - 93 months$ 50,000
10,000 lbs or moreFelony175* - 222 months$ 200,000
To a minor or pregnant womenFelony3 - 8 yearsN/A
Within 1000 feet of school, child care center, or park groundsFelony1 - 3 yearsN/A
* Mandatory minimum sentence

Cultivation

Less than 10 lbsFelony3 - 8 months$ 1,000
10 - 50 lbsFelony2* - 2.5 years$ 5,000
50 - 2000 lbsFelony3* - 3.5 years$ 25,000
2000 - 10,000 lbsFelony6* - 7 years$ 50,000
10,000 lbs or moreFelony14.5* - 18 years$ 200,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of less than .05 ozMisdemeanor1 - 10 days$ 200
Possession of .05 - .15 ozMisdemeanor1 - 45 days$ 200
Possession of more than .15 ozFelony4 - 6 months$ 200

Paraphernalia

Use, possession, sale, delivery, or manufacture of paraphernaliaMisdemeanor1 - 45 days$ 1,000
To a minor who is at least 3 years youngerFelony3 - 8 monthsN/A

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Involving a minorFelony8 months - 7 yearsN/A
Possession in a penal institutionFelony4 - 8 monthsN/A
A fine of $0 is discretionary and is decided on a case-by-case basis by the sitting judge. See below for more details.
If convicted of a felony offense and given probation results in driver's license forfeiture.

Penalty Details

Marijuana is a Schedule VI substance under the North Carolina Controlled Substances Act.

Possession for Personal Use

Possession of 0.5 ounces or less of marijuana is a Class 3 misdemeanor and a maximum fine of $200. Any sentence of imprisonment imposed for this offense must be suspended. Possession of more than 0.5 to 1.5 ounces is a Class 1 misdemeanor punishable by 1 to 45 days imprisonment and a discretionary fine for a first offense, and maximum fine of $1000. Possession of over 1 and a half ounces but less than or equal to 10 pounds is a Class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 15A-1340.23 Web Search
  • North Carolina Gen Stat. § 90-95(d)(4) Web Search

Possession with Intent to Distribute

Possession with intent to distribute less than 10 pounds of marijuana is a class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95(b)(2) Web Search

Possession of more than 10 pounds but less than 50 pounds is a Class H felony punishable by a minimum of 25 months and maximum of 39 months imprisonment and a fine of at least $5,000. Possession of 50 pounds or more but less than 2,000 pounds is a Class G felony punishable by a minimum of 35 months and maximum of 51 months imprisonment and a fine of at least $25,000. Possession of 2,000 pounds or more but less than 10,000 pounds is a Class F felony punishable by a minimum of 70 months and maximum of 93 months imprisonment and a fine of at least $50,000. Possession of 10,000 pounds or more of marijuana is a Class D felony punishable by a minimum of 175 months and maximum of 222 months imprisonment and a fine of at least $200,000.

  • North Carolina Gen Stat. § 90-95(h) Web Search

Sale/Delivery

Delivery of less than 5 grams of marijuana for no compensation is not considered sale or delivery, but may still be prosecuted as possession. Sale of less than 10 pounds of marijuana is a Class H felony punishable by 4 to 8 months imprisonment and a discretionary fine for the first offense. Delivery without compensation of less than 10 pounds is a Class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95(a)(2) Web Search

Sale or delivery of 10 pounds or more but less than 50 pounds is a Class H felony punishable by a minimum of 25 months and maximum of 30 months imprisonment and a fine of at least $5,000. Sale or delivery of 50 pounds or more but less than 2,000 pounds is a Class G felony punishable by a minimum of 35 months and maximum of 42 months imprisonment and a fine of at least $25,000. Sale or delivery of 2,000 pounds or more but less than 10,000 pounds is a Class F felony punishable by a minimum of 70 months and maximum of 80 months imprisonment and a fine of at least $50,000. Sale or delivery of 10,000 pounds or more of marijuana is a Class D felony punishable by a minimum of 175 months and maximum of 219 months imprisonment and a fine of at least $200,000.

  • North Carolina Gen Stat. § 90-95(h) Web Search

Cultivation

Cultivation of less than 10 pounds of marijuana is a class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

  • North Carolina Gen Stat. § 90-95(a)(2) Web Search

Cultivation of 10 pounds or more but less than 50 pounds is a Class H felony punishable by a minimum of 25 months and maximum of 30 months imprisonment and a fine of at least $5,000. Cultivation of 50 pounds or more but less than 2,000 pounds is a Class G felony punishable by a minimum of 35 months and maximum of 42 months imprisonment and a fine of at least $25,000. Cultivation of 2,000 pounds or more but less than 10,000 pounds is a Class F felony punishable by a minimum of 70 months and maximum of 80 months imprisonment and a fine of at least $50,000. Cultivation of 10,000 pounds or more of marijuana is a Class D felony punishable by a minimum of 175 months and maximum of 219 months imprisonment and a fine of at least $200,000.

  • North Carolina Gen Stat. § 90-95(h) Web Search

Hash & Concentrates

Possession of an extract of marijuana resin, commonly referred to as hashish, is a crime in North Carolina. Possession of .05 ounces or less (~1.4 grams) is a Class 3 misdemeanor, which is punishable by a $200 fine and a 1-10 day sentence that must be suspended. Possession of more than .05 ounces (~1.4 grams) but less than .15 ounces (~4.25 grams) is a Class 1 misdemeanor, which is punishable by a fine determined at the discretion of the court and a 1-45 day sentence. Possession of an amount greater than .15 ounce (~4.25 grams) is a Class I felony which has a presumptive sentence of 4-6 months and a discretionary fine may also be assessed by the court.

  • North Carolina Gen Stat. §90-95(d)(4) Web Search
  • North Carolina Gen Stat. §15A-1340.17(b) Web Search

Paraphernalia

Use, possession, sale, delivery, or manufacture of paraphernalia is a Class 1 misdemeanor punishable by 1 to 45 days imprisonment and a discretionary fine for a first offense. Delivery of paraphernalia by a person aged 18 years or older to a person under the age of 18 who is at least 3 years younger is a Class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 15A-1340.23 Web Search
  • North Carolina Gen Stat. §§ 90-113.22 to 113.23 Web Search

Sentencing

If a person has a previous controlled substance violation and commits a Class 1 misdemeanor, he will be punished as a Class I felon. If a person has a previous controlled substance violation and commits a Class 2 misdemeanor, he will be guilty of a Class 1 misdemeanor. If a person has a previous controlled substance violation and commits an offense that requires any sentence of imprisonment be suspended, he is guilty of Class 2 misdemeanor.

  • North Carolina Gen Stat. §§ 90-95(e)(3)-(4), (7) Web Search

First time misdemeanor marijuana proceedings may be suspended and the offender placed on probation. The probation must include drug education, unless certain circumstances apply. Upon successful completion of the terms of probation, the charges will be dismissed and the individual discharged.

A person convicted of a marijuana possession, cultivation, or sale/delivery offense may be eligible for probation if they are not sentenced to the maximum term of imprisonment allowed for that offense. This may include a requirement to attend treatment. This probation cannot last longer than 5 years.

  • North Carolina Gen Stat. § 90-95(f) Web Search

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Seized property is not subject to be returned to the owner unless he can prove in a forfeiture proceeding that he is the owner and was unaware that it was being used in the violation.

  • North Carolina Gen Stat. §§ 90-122 to 112.1 Web Search

Miscellaneous

Sale or delivery to a minor or pregnant women

Sale or delivery by a person aged 18 years or older to a person between 14-15 years of age or to a pregnant woman of any age is a Class D felony punishable by 38 to 80 months imprisonment and a fine to be set by the discretion of the court for the first offense. Sale or delivery by a person aged 18 years or older to a person 13 years of age or younger is a Class C felony punishable by 44 to 92 months imprisonment and a fine to be set by the discretion of the court for the first offense.

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95(e)(5) Web Search
Employing a minor in a drug offense

A person aged 18-20 years who uses a minor in the sale, delivery, or cultivation of marijuana is guilty of a Class G felony if the minor is 14-17 years old, punishable by 8 to 16 months imprisonment and a discretionary fine for the first offense, and a Class F felony if the minor is 13 years of age or younger, punishable by 10 to 20 months imprisonment and a discretionary fine for the first offense. A person aged 21 years or older who uses a minor in the sale, delivery, or cultivation of marijuana is guilty of a Class E felony if the minor is 14-17 years old, punishable by 15 to 31 months imprisonment and a fine to be set by the discretion of the court for the first offense, and a Class D felony if the minor is 13 years of age or younger, punishable by 38 to 80 months imprisonment and a fine to be set by the discretion of the court for the first offense. A person aged 21 years or older who uses a minor in a drug offense may be liable for civil damages for drug addiction.

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95.4 Web Search
  • North Carolina Gen Stat. § 90-95.5 Web Search
Promoting drug sales by a minor

Any person aged 21 years or older who entices, encourages, forces, or supports a minor in selling, delivering, or cultivating marijuana is guilty of a Class D felony punishable by 38 to 80 months imprisonment and a fine to be set by the discretion of the court for the first offense.

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95.6 Web Search
Participating in a drug violation by a minor

Any person aged 21 years or older who purchases marijuana from a minor 13 years or younger is guilty of a Class G felony punishable by 8 to 16 months imprisonment and a discretionary fine for the first offense.

Sale or delivery on school grounds

Sale or delivery in or within 1,000 feet of school, child care center, or park grounds is class E felony punishable by 15 to 31 months imprisonment and a fine to be set by the discretion of the court for the first offense. Delivery of less than 5 grams of marijuana for no compensation is not considered delivery, but still may be prosecuted for possession.

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. §§ 90-95(e)(8), (10) Web Search
Possession in a penal institution

Possession of any amount of marijuana in a penal institution or local confinement facility is a Class H felony punishable by 4 to 8 months imprisonment and a discretionary fine for the first offense.

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95(e)(9) Web Search
Reimbursement for undercover marijuana purchases

When a person is convicted of a marijuana offense, the court may order him to reimburse the law enforcement agency for money spent in purchasing marijuana as part of an undercover operation.

  • North Carolina Gen Stat. § 90-95.3 Web Search
Driver’s license forfeiture

Any time an individual is convicted of a felony offense and is given probation, they are to have their license forfeited.

  • North Carolina Gen Stat. § 15A-1331A Web Search

More Information

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

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Sours: https://norml.org/laws/north-carolina-penalties-2/
Criminal Harassment and Consequences

§ 14-54.  Breaking or entering buildings generally.

(a)        Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.

(a1)      Any person who breaks or enters any building with intent to terrorize or injure an occupant of the building is guilty of a Class H felony.

(b)        Any person who wrongfully breaks or enters any building is guilty of a Class 1 misdemeanor.

(c)        As used in this section, "building" shall be construed to include any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.  (1874-5, c. 166; 1879, c. 323; Code, s. 996; Rev., s. 3333; C.S., s. 4235; 1955, c. 1015; 1969, c. 543, s. 3; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 26; 1994, Ex. Sess., c. 24, s. 14(c); 2013-95, s. 1.)

Sours: https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-54.html

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