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Report Cover and Inside Pages Report of North Carolina Crimes to the Criminal Recodification Working Group Prepared by North Carolina Administrative office of the courts January 31, 2019 About the North Carolina Judicial Branch The mission of the North Carolina Judicial Branch is to protect and preserve the rights and liberties of all the people as guaranteed by the Constitutions and laws of the United States and North Carolina by providing a fair, independent and accessible forum for the just, timely and economical resolution of their legal affairs. About the North Carolina Administrative Office of the Courts The mission of the North Carolina Administrative Office of the Courts is to provide services to help North Carolina’s unified court system operate more efficiently and effectively, taking into account each courthouse’s diverse needs, caseloads, and available resources. Introduction The North Carolina General Assembly established the Criminal Law Recodification Working Group in 2017. This informal group, co-chaired by Representative Dennis Riddell and Senator Andy Wells, has been tasked with developing strategies to streamline and simply the state’s criminal code. In 2018, the General Assembly enacted S.L. 2018-69 which requires multiple agencies to provide information to the Working Group. Specifically, the legislation requires the Administrative Office of the Courts (AOC) to identify and list all state crimes that meets one or more of the following criteria: (1) The statute is duplicative. (2) The statute is inconsistent with other statutes, rarely charged, fails to state a mens rea, or contains undefined terms. (3) The statute appears to be obsolete. (4) The statute has been held to be unconstitutional by an appellate court. The legislation requires AOC to submit this list to the Joint Legislative Administrative Procedure Oversight Committee and the Joint Legislative Oversight Committee on Justice and Public Safety no later than February 1, 2019. 2019 Report of North Carolina Crimes | February 1, 2019 Page 1 of 227 Definitions AOC has adopted the following definitions for use in identifying crimes that meet one or more of the criteria for inclusion in the report: “Rarely charged” – A crime with a statewide charge total of fewer than 100 charges in a calendar year. [Note: A “rarely charged” designation, in itself, does not mean that a statute is unnecessary.] “Duplicative” – A criminal statute that criminalizes the same or very similar conduct of a separate criminal offense. “Inconsistent” – A criminal statute with an offense level that appears to be inconsistent with the offense levels of crimes covering similar conduct. “Obsolete” – A criminal statute that criminalizes conduct that is either i) anachronistic; or ii) has become common and accepted in modern society, as defined by Black’s Law Dictionary. “Unconstitutional” – A criminal statute that has been specifically held unconstitutional by an appellate court. This definition also includes statutes with a strong likelihood of unconstitutionality based upon prevailing federal and state caselaw. “Undefined terms” – A criminal statute that contains terms that are not specifically defined nor whose meaning is made clear in context. 2019 Report of North Carolina Crimes | February 1, 2019 Page 2 of 227 Table 1 List of North Carolina Common Law Crimes and Crimes Defined in the North Carolina General Statutes, 2019 Report of North Carolina Crimes | February 1, 2019 Page 3 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes Undefined Terms Undefined Unconstitutional Rarely Charged Rarely Inconsistent Duplicative Obsolete Statewide Code FMTI Offense Title Charge Citation Total M FAIL TO FILE/PAY SALES 105-236 6 X TAX F ATTEMPT TO EVADE OR 105- 0 X DEFEAT TAX 236(A)(7) M FAIL TO WITHHOLD TAX 105- 27 X 236(A)(8) F TAX FRAUD BY PREPARER < 105- 4 X $100K 236(A)(9A) M SET FIRE 500FT 106-942(B) 27 X WOODLAND NO PER M IGN MAT 500FT WOOD 106-943(B) 20 X NIGHT NO PE M OPEN BURNING WHEN 106-944 1 X PROHIBITED M BURN WHEN BURN PERM 106-946 28 X CANCELLED M PUBLIC ASSISTANCE FRAUD 108A-39(A) 0 X X (M) F PUBLIC ASSISTANCE FRAUD 108A-39(B) 6 X X (F) M FOOD STAMP FRAUD (M) 108A-53 1 X F BUY/SELL/DISTRIB FOOD 108A- 85 X STAMPS 53.1(A) M ILLEG POSS/USE FOOD 108A- 1 X STAMPS(M) 53.1(B) F ILLEG POSS/USE FOOD 108A- 7 X STAMPS(F) 53.1(B) F MEDICAL PROVIDER 108A-63(C) 91 X FRAUD F DEFRAUD/OBT MNY/PROP 108A-63(E) 5 X MED AST F CONSP DEF/OBT 108A-63(E) 71 X MNY/PROP MED AST F MED ASSIST RECIPIENT 108A- 25 X FRAUD-F 64(C)(1) M MED ASSIST RECIPIENT 108A- 15 X FRAUD-M 64(C)(2) 2019 Report of North Carolina Crimes | February 1, 2019 Page 4 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes Undefined Terms Undefined Unconstitutional Rarely Charged Rarely Inconsistent Duplicative Obsolete Statewide Code FMTI Offense Title Charge Citation Total M NOTARY NO KNOW/EVID 10B- 96 X IDENTITY 60(C)(3) M CHILDCARE SUBSIDY 110-107(A) 37 X FRAUD=<$1000 F CHILDCARE SUBSIDY 110-107(A) 1 X FRAUD>$1000 F PROVIDE CHILD CARE W/O 110-99 1 X LICENSE M FISH WITH UNLAWFUL 113-134 60 X BAIT M EXCEED LIMIT SHELLFISH 113-134.1 7 X BY<=20% M EXCEED LIMIT SHELLFISH 113-134.1 27 X BY >20% M EXCEED LIMIT FINFISH 113-134.1 10 X BY<=50% M EXCEED LIMIT OF FINFISH 113-134.1 14 X BY>50% M TRAWL IN CLOSED AREA 113-134.1 2 X M TAKE/POS FINFISH CLSD 113-134.1 2 X SEAS/DAY M GILL NET/EQUIP/OPER 113-134.1 7 X VIOLATIONS M POSS FINFISH W/O 113-134.1 69 X HEAD/TAIL M OYS/CLAM/MUS W/O 113-134.1 28 X HARVEST TAG M REPORTING/TRIP TICKET 113-134.1 8 X VIOL M TAKE CLAM MECH MTHD 113-134.1 34 X CLSD AR/SE M TAKE/POSS UNDERSIZE 113-134.1 15 X OYS <=20% M TAKE/POSS UNDERSIZE 113-134.1 53 X OYS >20% M TAKE/POSS UNDERSIZE 113-134.1 24 X CRAB <=20% 2019 Report of North Carolina Crimes | February 1, 2019 Page 5 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes Undefined Terms Undefined Unconstitutional Rarely Charged Rarely Inconsistent Duplicative Obsolete Statewide Code FMTI Offense Title Charge Citation Total M TAKE/POSS UNDERSIZE 113-134.1 20 X CRAB >20% M TAKE/POS UNDRSIZE 113-134.1 4 X FINFISH<=20% M TAKE/POS UNDRSIZE 113-134.1 20 X FINFISH>20% M USE CRAB POTS CLOSED 113-134.1 5 X SEASON M LEAVE POT/GILL NET 113-134.1 27 X UNATTENDED M USE GILL NETS W/O 113-134.1 3 X BUOY/IDENT M USE POTS W/O 113-134.1 59 X BUOY/IDENT M POSS NATURAL 113-135 81 X BAIT/TROUT WATERS M DRIVE ON GAMELANDS 113-135 3 X X ILLEGALLY M CRAB OR CRAB POT 113-135(A) 1 X VIOLATION M POUND NET OR STAKES 113-135(A) 5 X VIOLATION M TAKE/POSS UNDERSIZE 113-135(A) 94 X FISH M TAKE/POSS UNDERSIZE 113-135(A) 35 X FLOUNDER M TAKE/POSS UNDERSIZE 113-135(A) 0 X OYSTERS M TAKE/POSS UNDERSIZE 113-135(A) 18 X RED DRUM M TAKE/POSS UNDERSIZE 113-135(A) 8 X SPOT TROUT M TAKE/POSS UNDERSIZE 113-135(A) 20 X STRPD BASS M TAKE/POSS UNDERSIZE 113-135(A) 1 X WEAKFISH 2019 Report of North Carolina Crimes | February 1, 2019 Page 6 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes Undefined Terms Undefined Unconstitutional Rarely Charged Rarely Inconsistent Duplicative Obsolete Statewide Code FMTI Offense Title Charge Citation Total M SOLELY VIOLATION RULES 113- 3 X OF WRC 135.1(A) M FISH W/O HAVE 113-168.1 3 X LIC/ASSIGN/ENDOR M REFUSE EXHIBIT 113-168.1 2 X LIC/ASSGN/ENDOR M EXCEED PERSONAL 113-169.2(I) 8 X SHELLFISH LIMT M REC FISH COM EQUIP WO 113-173(A) 45 X GEAR LIC M RECREATIONAL FISH W/O 113- 2 X LICENSE 174.1(A) M TAKE SHRIMP IN CLOSED 113-187 5 X AREA M TAKE SHELLFISH POLLUTED 113- 2 X WATER 187(D)(1) M OPERT ATV 113-264 82 X SANDHILLS/GAMELAND M TAKE GAME DURING 113-264(A) 9 X CLOSED SEASON M BOAT ACCESS AREA-OTHER 113-264(A) 25 X PURPOSE M BOAT ACCESS IMPEDE BY 113-264(A) 10 X OBSTRUCT M LITTER GAMELAND/ACCESS 113-264(A) 7 X AREA M HUNTING WITHOUT A 113- 1 X LICENSE-NR 270.1B(A) M FISHING WITHOUT A 113- 2 X LICENSE 270.1B(A) M TRAP WITHOUT A LICENSE 113- 2 X 270.1B(A) M HUNT/FISH/TRAP-NO 113-270.3 2 X GAME LICENSE M TAKE MIG WATERFOWL 113- 2 X W/O LIC 270.3(B)(5) 2019 Report of North Carolina Crimes | February 1, 2019 Page 7 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes Undefined Terms Undefined Unconstitutional Rarely Charged Rarely Inconsistent Duplicative Obsolete Statewide Code FMTI Offense Title Charge Citation Total M FISHING WITHOUT A 113-271 3 X LICENSE M NO TROUT LICENSE - NR 113-272 5 X M NO TROUT LICENSE 113-272 80 X M FISH W/SPECIAL DEVICE 113-272.2 23 X W/O LIC M ENGAGE REG ACT NO 113-272.5 13 X LIC/PERMIT M ENGAGE WRC ACT NO 113-274 0 X LIC/PERMIT M HUNT/FISH POST PROP NO 113-285 6 X PERMIT M NEGLIGENT HUNTING 113-290.1 63 X M EXCEEDING GAME LIMIT 113-291 10 X M HUNT FROM MOTOR 113- 4 X VEHICLE 291.1(B)(1) M SHINE/SWEEP LIGHT FOR 113- 24 X DEER 291.1(E1) M SET TRAP W/O MET TAG 113- 1 X ATTACHED 291.6(B) M FISH TROUT WATER 113-292 1 X CLOSED SEASON M POSS <=3 MTN TROUT 113-292 40 X CLOSED SEAS M UNLAWFUL TAKING OF 113- 44 X FISH 292(A)(1) M USE TROTLINE W/ LIVE 113- 41 X BAIT 292(A)(1) M FAIL MARK TROTLINE 113- 83 X W/NAME/ADD 292(A)(1) M FAIL RETURN GAME FISH 113- 12 X UNHARMED 292(A)(1) M POSSESS <5 UNDERSIZE 113- 2 X FISH 292(A)(3) M POSS <=3 FISH OVER CREEL 113- 49 X LIMIT 292(A)(3) 2019 Report of North Carolina Crimes | February 1, 2019 Page 8 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes Undefined Terms Undefined Unconstitutional Rarely Charged Rarely Inconsistent Duplicative Obsolete Statewide Code FMTI Offense Title Charge Citation Total M SELLING/BUYING WILDLIFE 113-294 3 X M POSS DEER TAKEN CLOSED 113-294(D) 19 X SEASON M CAMPING VIOLATIONS 113-35(A) 1 X M BEING INTOXICATED IN A 113-35(A) 78 X PARK M FAIL TO REPORT FOR TB 130A-144(F) 85 X TREATMENT M PUBLIC HEALTH VIOLATION 130A-25 1 X M SEWAGE DISPOSAL 130A-335 19 X VIOLATION M REMOVE/ETC.
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