2015 Punishment Chart for North Carolina Crimes and Motor Vehicle Offenses
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2015 Punishment Chart for North Carolina Crimes and Motor Vehicle Offenses ROBERT L. FARB The School of Government at the University of North Carolina at Chapel Hill works to improve the lives of North Carolinians by engaging in practical scholarship that helps public officials and citizens understand and improve state and local government. Established in 1931 as the Institute of Government, the School provides educational, advisory, and research services for state and local governments. The School of Government is also home to a nationally ranked graduate program in public administration and specialized centers focused on information technology and environmental finance. As the largest university-based local government training, advisory, and research organization in the United States, the School of Government offers up to 200 courses, webinars, and specialized conferences for more than 12,000 public officials each year. In addition, faculty members annually publish approximately 50 books, manuals, reports, articles, bulletins, and other print and online content related to state and local government. Each day that the General Assembly is in session, the School produces the Daily Bulletin Online, which reports on the day’s activities for members of the legislature and others who need to follow the course of legislation. The Master of Public Administration Program is offered in two formats. The full-time, two-year residential program serves up to 60 students annually. In 2013 the School launched MPA@UNC, an online format designed for working professionals and others seeking flexibility while advancing their careers in public service. The School’s MPA program consistently ranks among the best public administration graduate programs in the country, particularly in city management. With courses ranging from public policy analysis to ethics and management, the program educates leaders for local, state, and federal governments and nonprofit organizations. Operating support for the School of Government’s programs and activities comes from many sources, including state appropriations, local government membership dues, private contributions, publication sales, course fees, and service contracts. Visit www.sog.unc.edu or call 919.966.5381 for more information on the School’s courses, publications, programs, and services. Michael R. Smith, DEAN Thomas H. Thornburg, SENIOR AssOCIATE DEAN Frayda S. Bluestein, AssOCIATE DEAN FOR FACULTY DEVELOPMENT Bradley G. Volk, AssOCIATE DEAN FOR ADMINISTRATION FACULTY Whitney Afonso Richard D. Ducker Christopher B. McLaughlin Jessica Smith Trey Allen Joseph S. Ferrell Kara A. Millonzi Meredith Smith Gregory S. Allison Alyson A. Grine Jill D. Moore Carl W. Stenberg III David N. Ammons Norma Houston Jonathan Q. Morgan John B. Stephens Ann M. Anderson Cheryl Daniels Howell Ricardo S. Morse Charles Szypszak Maureen Berner Jeffrey A. Hughes C. Tyler Mulligan Shannon H. Tufts Mark F. Botts Willow S. Jacobson Kimberly L. Nelson Vaughn Mamlin Upshaw Peg Carlson Robert P. Joyce David W. Owens Aimee N. Wall Leisha DeHart-Davis Diane M. Juffras LaToya B. Powell Jeffrey B. Welty Shea Riggsbee Denning Dona G. Lewandowski William C. Rivenbark Richard B. Whisnant Sara DePasquale Adam Lovelady Dale J. Roenigk James C. Drennan James M. Markham John Rubin © 2016 School of Government The University of North Carolina at Chapel Hill Use of this publication for commercial purposes or without acknowledgment of its source is prohibited. Reproducing, distributing, or otherwise making available to a non-purchaser the entire publication, or a substantial portion of it, without express permission, is prohibited. Printed in the United States of America 20 19 18 17 16 1 2 3 4 5 ISBN 978-1-56011-856-5 This publication is printed on permanent, acid-free paper in compliance with the North Carolina General Statutes. Printed on recycled paper Contents Note on This Publication and Other School of Government Sentencing Law Resources . ix Chapter 5A: Contempt . 1 Chapter 7B: Juvenile Code . 2 Chapter 14: Criminal Law . .2 Article 1: Felonies and Misdemeanors . 2 Article 2: Principals and Accessories . 4 Article 2A: Habitual Felons . 4 Article 2B: Violent Habitual Felons . 4 Article 2C: Continuing Criminal Enterprise . 5 Article 2D: Habitual Breaking and Entering . 5 Article 2E: Armed Habitual Felon . 5 Article 3A: Terrorism . 5 Article 4A: Prohibited Secret Societies and Activities . 5 Article 5: Counterfeiting and Issuing Monetary Substitutes . 6 Article 5A: Endangering Executive, Legislative, and Court Officers . 6 Article 6: Homicide . 6 Article 6A: Unborn Victims . 7 Article 7A: Rape and Other Sex Offenses . 7 Article 8: Assaults . 10 Article 9: Hazing . 13 Article 10: Kidnapping and Abduction . 14 Article 10A: Human Trafficking . 14 Article 11: Abortion and Kindred Offenses . 15 Article 12: Libel and Slander . 15 Article 13: Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material . 15 Article 13A: North Carolina Street Gang Suppression Act . 16 Article 14: Burglary and Other Housebreakings . 17 Article 15: Arson and Other Burnings . 18 Article 16: Larceny . 19 Article 16A: Organized Retail Theft . 23 Article 17: Robbery . 24 Article 18: Embezzlement . 24 Article 19: False Pretenses and Cheats . 25 Article 19A: Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means . 26 Article 19B: Financial Transaction Card Crime Act . 26 iv Contents Article 19C: Identity Theft . 27 Article 19D: Telephone Records Privacy Protection Act . 27 Article 20: Frauds . 28 Article 20A: Residential Mortgage Fraud Act . 28 Article 21: Forgery . 28 Article 22: Damages and Other Offenses to Land and Fixtures . 29 Article 22A: Trespassing upon “Posted” Property to Hunt, Fish, Trap, or Remove Pine Needles/Straw . 32 Article 22B: First- and Second-Degree Trespass . 32 Article 22C: Cave Protection Act . 33 Article 23: Trespasses to Personal Property . 33 Article 24: Vehicles and Draft Animals—Protection of Bailor against Acts of Bailee . 34 Article 26: Offenses against Public Morality and Decency . 34 Article 26A: Adult Establishments . 38 Article 27: Prostitution . 38 Article 27A: Sex Offender and Public Protection Registration Programs . 39 Article 28: Perjury . 40 Article 29: Bribery . 40 Article 30: Obstructing Justice . 40 Article 30A: Secret Listening . 42 Article 31: Misconduct in Public Office . 42 Article 32: Misconduct in Private Office . 42 Article 33: Prison Breach and Prisoners . 42 Article 34: Custodial Institutions . 44 Article 35: Offenses against the Public Peace . 44 Article 36: Offenses against the Public Safety . 46 Article 36A: Riots, Civil Disorders, and Emergencies . 47 Article 36B: Nuclear, Biological, or Chemical Weapons of Mass Destruction . 48 Article 37: Lotteries, Gaming, Bingo, and Raffles . 48 Article 39: Protection of Minors . 50 Article 40: Protection of the Family . 52 Article 44: Regulation of Sales . 53 Article 47: Cruelty to Animals . 53 Article 52: Miscellaneous Police Regulations . 54 Article 52A: Sale of Weapons in Certain Counties . 57 Article 54: Sale, etc ,. of Pyrotechnics . 57 Article 54A: The Felony Firearms Act . 57 Article 54B: Concealed Handgun Permit . 58 Article 55: Regulation of Certain Reptiles . 58 Article 58: Records, Tapes, and Other Recorded Devices . 58 Article 58A: Audiovisual Recordings . 59 Article 59: Public Intoxication . 59 Article 60: Computer-Related Crime . 59 Article 61: Trains and Railroads . 60 Contents v Chapter 15A: Criminal Procedure Act . 60 Article 13: DNA Database and Databank . 60 Article 16: Electronic Surveillance . 60 Article 26: Bail . 61 Article 48: Discovery in the Superior Court . 61 Article 81D: Permanent No Contact Order against Convicted Sex Offender . 61 Chapter 15C: Address Confidentiality Program . 61 Chapter 18B: Regulation of Alcoholic Beverages . 61 Chapter 18C: North Carolina State Lottery . 64 Chapter 19: Offenses against Public Morals . 64 Article 1: Abatement of Nuisances . 64 Chapter 19A: Protection of Animals . 65 Article 3: Animal Welfare Act . 65 Article 4: Animal Cruelty Investigators . 65 Chapter 20: Motor Vehicles . 65 Driver’s License Violations . 65 Driving without License or Violating Restrictions . 65 Age Limits . ..