Report of North Carolina 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 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 , 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 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 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

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M FAIL TO FILE/PAY SALES 105-236 6 X TAX F TO EVADE OR 105- 0 X DEFEAT TAX 236(A)(7) M FAIL TO WITHHOLD TAX 105- 27 X 236(A)(8) F TAX 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

Unconstitutional

Rarely Charged

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

Unconstitutional

Rarely Charged

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

Unconstitutional

Rarely Charged

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

Unconstitutional

Rarely Charged

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

Unconstitutional

Rarely Charged

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. POLITICAL 136-32 10 X SIGN VIOL M EXCEED BRIDGE LOAD 136-72 77 X LIMIT M PUT INJURIOUS OBJECT IN 136-91 63 X ROAD F PROMOTE - 14- 19 X ADVANCE 05.3(A)(1) F OBT PROP FALSE PRET 14-100 28 X >=$100,000 M OBTAIN ID USING FALSE 14-100.1(B) 2 X INFO M OBTAIN PROPERTY 14-106 18 X X WORTHLESS CHK M WORTHLESS CHECK 14-107 3 X X M WORTHLESS CHK 4TH SUB 14- 86 X X OFFENSE 107(D)(1) M WORTHLESS CHECK NO 14- 1 X X ACCOUNT 107(D)(3) M FALSE TELEPHONE CREDIT 14-113.1 2 X F TRAFFICKING STOLEN 14-113.20A 5 X IDENTITIES F CARD W/SCANNING 14- 13 X DEVICE 113.9(A)(5)

2019 Report of North Carolina Crimes | February 1, 2019 Page 9 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M FRAUD DISPOSAL 14-114 98 X X MORTGAGE PROP M SECRETING LIEN PROPERTY 14-115 28 X M FALSE ADVERTISING 14-117 2 X M BLACKMAILING 14-118 34 X M THEFT OF CABLE TV 14-118.5 31 X SERVICE F FALSE LIEN FILINGS 14-118.6(A) 37 X F AID & ABET 14-119(A) 31 X M ATTEMPTED UTTERING 14-120 32 X F FORGERY OF DEEDS OR 14-122 0 X WILLS M INJURY TO 14-128 38 X TREES/CROPS/LANDS F UTTERING COUNTERFEIT 14-13 27 X COIN M DEFACING PUBLIC 14- 1 X BUILDING 132(A)(2) M TRESPASS/IMPEDE 14-132.2 12 X SCHOOL BUS F DOM CR TRESPSS SAFE 14-134.3(B) 89 X HOUSE WEAP M SET FIRE TO 14-137 3 X WOODS/LANDS/FIELDS M FAIL TO EXTINGUISH FIRE 14-138.1 10 X F SERIOUS INJURY 20- 269 X BY VEHICLE 141.4(A3) M INJURE 14-144(1) 3 X BUILDING/FENCE/WALL(M) F INJURE 14-144(2) 3 X BUILDING/FENCE/WALL(F) M DEFACE GRAVE/GRAVE 14-148 72 X SITE (M) F DESECRATE GRAVE SITE 14-148(C) 95 X >=$1000

2019 Report of North Carolina Crimes | February 1, 2019 Page 10 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F DISTURB CASKET/GRAVE 14-149(A) 75 X MARKER M DIVERTING UTILITY USE 14-151 36 X F RECONNECT UTILITY 14- 49 X 2ND/SUB OFF 151(A)(9) F RECONNECT UTILITY SIG 14- 89 X PROP DAM 151(A)(9) M INTERFERE WITH UTILITY 14-151.1 3 X METER F INJURING UTILITY 14-154 10 X WIRES/FIXTURE M FIRST DEG TRESP- 14- 10 X INFRASTRUCT-M 159.12(C) F FIRST DEG TRESP- 14- 33 X INFRASTRUCT-F 159.12(D) F FIRST DEG 14- 79 X TRESP/SQUATTING 159.12(F) M TRESPASS W/ALL TERRAIN 14-159.3 15 X VEH F INJ PROP OBT NONFERR 14-159.4(B) 40 X METAL-F F INJ PROP NONFERR 14-159.4(B) 45 X METAL>=10000 M INJ PROP OBT NONFERR 14-159.4(B) 22 X METAL-M M INJ PROP NONFERR 14-159.4(B) 91 X METAL-INFRAST M TRESPASS ON POSTED 14-159.6 9 X X PROPERTY F EXEC LEGL COURT 14-16.6 34 X X OFFCR F THREATEN EXEC LEGL 14-16.7 0 X X COURT OFFCR F THREAT RETAL VS PUB OFF 14-16.7 2 X M ALTER/REMOVE NMV 14-160.1(A) 9 X SERIAL NUMBER

2019 Report of North Carolina Crimes | February 1, 2019 Page 11 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M POSS/SELL/BUY ALT NMV 14-160.1(B) 28 X SER NO F ALTERING FIREARM SERIAL 14-160.2(A) 230 X NUMBER M HIRING WITH INTENT TO 14-168 2 X DEFRAUD M 14-168.1 37 X CONVERSION M ATT CRIME AGAINST 14-177 74 X NATURE (M) M SOLICIT CRIME AGAINST 14-177 1 X NATURE F FELONY INCEST 14-178 75 X F INCEST CHILD 13/14/15 14- 37 X DEF >= 6 178(B)(1)(B) F VOLUNTARY 14-18 8 X F BIGAMY 14-183 60 X M AND 14-184 94 X X X ADULTERY M FALSE HOTEL 14-186 7 X X REGISTRATION M KEEPING A DISORDERLY 14-188 47 X X HOUSE M DISPLAY MATERIAL 14-190.14 14 X HARMFUL MINOR M DISSEM MTRL/PERFORM 14-190.15 12 X HARMFL MIN F DISCLOSE PRIVATE 14- 1 X IMAGES/ADULT 190.5A(B) M USE OF PREMISES INDEC 14-190.9 16 X EXPOSURE M INDECENT LANGUAGE 14-196(a)(1) 0 X X OVER TELEPHONE M ELEC. COMM. TO 14- 2,423 X THREATEN OR EXTORT 196.3(B)(1)

2019 Report of North Carolina Crimes | February 1, 2019 Page 12 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M MISDEMEANOR SECRET 14-202 30 X PEEPING F SOLICIT CHILD BY 14-202.3(A) 25 X COMPUTER F INDECENT LIBERTIES 14-202.4(B) 24 X STUDENT F SEX OFFENDER SOCIAL 14-202.5 0 X X NETWORKING M AID AND ABET 14-204 29 X PROSTITUTION F SOLICIT PROSTITUTION 14-205.1 30 X 2ND/SUB F SOLICIT PROSTITUTION 14-205.1 24 X MINOR M PATRONIZE PROSTITUTE 14- 1 X X ENGAGE-M 205.2(A)(1) F PATRONIZE PROST 14- 35 X X ENGAGE MINOR 205.2(A)(1) M PATRONIZE PROSTITUTE 14- 83 X X ENGAGE-M 205.2(A)(2) F PROMOTE PROST- 14- 41 X X ADVANCE PRIOR 205.3(A)(1) F PROMOTE PROSTITUTION- 14- 2 X X PROFITS 205.3(A)(2) F PROMOTE PROST-PROFITS 14- 1 X X PRIOR 205.3(A)(2) F PROM PROST MNR/MNT 14- 27 X X DISA ADV 205.3(B)(1) F PROM PROST MNR/MNT 14- 5 X X DISA PROF 205.3(B)(2) F PROM PROST CNFINE 14- 25 X X MNR/MNT DISA 205.3(B)(3) F FAIL REPT SEX OFFEN NON- 14- 4 X COMPLY 208.11A(A) F SEX OFFENDER 14- 11 X EMPLOYMENT VIOL 208.17(A)

2019 Report of North Carolina Crimes | February 1, 2019 Page 13 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F CHILDCARE IN SEX 14- 6 X OFFENDER HOME 208.17(B) F FAIL ENROLL SEX OFFEN 14- 5 X SBM PROG 208.44(A) F REMOVE/TAMPER SEX 14- 1 X OFFEN SBM 208.44(B) M FAIL PROVIDE 14- 37 X INFO/COMPLY SBM 208.44(C) F 14-209 8 X F SUBORNATION OF 14-210 2 X PERJURY F OFFERING BRIBES 14-218 1 X F ALTER COURT 14-221.2 6 X DOCUMENTS M RESIST/OBSTRUCT PUBLIC 14-223 4 X OFFICER F FALSE REP LAW ENF CHILD 14-225(B) 8 X VICTIM F OF JUROR 14-225.2 2 X F OF AN UNBORN 14-23.2(A) 17 X CHILD F INV MANSLAUGHTER 14-23.4(A) 8 X UNBORN CHILD F ASSAULT ISBI UNBORN 14-23.5(A) 21 X X CHILD M WILLFUL FAIL DISCHARGE 14-230 1 X DUTIES M FAILURE OF RAILROAD 14-253 0 X X OFFICER TO ACCT F CORPORATE 14-254 1 X MALFEASANCE M ESCAPE BY HIRED 14-255 75 X PRISONER M MISDEMEANOR ESCAPE 14-256 15 X LOCAL JAIL F FELONY ESCAPE LOCAL JAIL 14-256 9 X

2019 Report of North Carolina Crimes | February 1, 2019 Page 14 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M PROV TOBAC/VAPOR PROD 14-258.1(C) 1 X INMATE F PROVIDING PHONE/ELEC 14-258.1(D) 1 X TO INMATE M INMATE POSS 14-258.1(E) 47 X TOBACCO/PHONE ELEC F POSS PHONE/COMM DEV 14-258.1(F) 6 X BY INMATE F TAKING HOSTAGE BY 14-258.3 10 X PRISONER F FELONY HARBORING 14-259 0 X ESCAPEE M HARBORING FUGITIVE 14-267 1 X M GUN ETC ON EDUC PROP 14-269(2)F 95 X (M) F DISCHARGE FIREARM ON 14-269.2(B) 80 X X EDUC PROP M POSS WEAPON STATE 14-269.4 1 X PROP/CRTHOUS F PURCH FIREARM VIOL 14-269.8 90 X DOM ORDER F ATTEMPT 1ST DEGREE 14-27.2 94 X F FIRST DEGREE RAPE CHILD 14- 8 X 27.2(A)(1) F ATMPT 1ST DEGREE 14-27.21 1 X FORCIBLE RAPE F ATMPT 2ND DEGREE 14-27.22 4 X FORCIBLE RAPE F ATMPT 1ST DEGREE FORCE 14-27.26 84 X SEX OFF F ATMPT 2ND DEGREE 14-27.27 67 X FORCE SEX OFF F ATTEMPT SECOND DEGREE 14-27.3 69 X RAPE F SEX ACT: SUB 14-27.31(A) 39 X PARENT/CUSTODIAN

2019 Report of North Carolina Crimes | February 1, 2019 Page 15 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F ATT SEX ACT-SUB 14-27.31(A) 53 X PAR/CUSTODIAN F SEX ACT-GOV/PRIV INST 14-27.31(B) 3 X EMPLOYEE F SEX OFFENSE INSTITUTION 14-27.7(A) 58 X F ATT SEX OFFENSE- 14-27.7(A) 51 X PARENTAL ROLE F SEX OFFENSE STUDENT (F) 14-27.7(B) 55 X F STAT RAPE/SEX OFFN 14-27.7A(B) 10 X DEF>4-<6YR M IMPERSON EMS 14-276.1 11 X PERSONNEL/FIREMAN M IMPERSONATE LAW 14-277 3 X ENFORCEMNT (M) F OPERATE VEH WITH BLUE 14- 38 X LIGHT 277(A)(4) F BLUE LIGHT CAUSE 14- 61 X STOP/YIELD 277(B)(5) F FALSE RPT MASS VIOL 14-277.5 2 X EDUC PROP F WILLFUL INJURY RAILROAD 14-278 8 X PROP M INJURY TO RAILROAD 14-279 23 X PROPERTY M IMPEDE/PREVENT/IMPAIR 14-279.1 1 X OPER RR F MALICIOUS 14-28 17 X M FALSE AMBULANCE 14-286.1 33 X REQUEST F FELONY INCITING TO RIOT 14-288.2 1 X M 14- 59 X FUNERAL 288.4(A)(8) M FAIL TO DISPERSE ON 14-288.5 15 X COMMAND M TRESPASS DURING 14-288.6(A) 22 X EMERGENCY (M)

2019 Report of North Carolina Crimes | February 1, 2019 Page 16 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F TRESPASS DURING 14-288.6(B) 1 X EMERGENCY (F) F AWDW EMERGENCY 14-288.9 0 X X PERSON F ASSAULT ON EMERGENCY 14-288.9 98 X X PERSONNEL F CASTRATION WITHOUT 14-29 43 X F MAIMING WITHOUT 14-29 32 X MALICE M SELLING LOTTERY TICKETS 14-291 29 X M POSSESSION OF LOTTERY 14-291.1 6 X TICKETS M ALLOW GAMBLING IN 14-293 27 X PUBLIC HOUSE M ALLOW GAMING TABLES 14-297 3 X F MALICIOUS MAIMING 14-30 11 X F THROWING ACID OR 14-30.1 61 X ALKALI M OPERATE/POSSESS SLOT 14-301 5 X MACHINE M OPER/POSSESS GAMBLING 14-302 70 X DEVICES M MANUFACTURE/SELL SLOT 14-304 1 X MACH (M) M OTHER VIDEO GAME 14-306.1 4 X MACH VIOL (M) M OPERATE VIDEO GAMING 14- 54 X MACHINE 306.1A(A) F OPER VIDEO GAMING 14- 44 X MACH 2 OFF 306.1A(A) F OPER >=5 VIDEO GAMING 14- 1 X MACH 306.1A(A) M ELECTRONIC SWEEPSTAKES 14-306.4(B) 1 X F MALICIOUS ASSAULT IN 14-31 15 X SECRET

2019 Report of North Carolina Crimes | February 1, 2019 Page 17 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M SELL/DIS TOBACCO PROD 14-313 1 X TO MINOR M PURCHASE/RECV 14-313(C) 2 X CIG/TOBACCO < 18 M SELL/GIVE WEAPON TO 14-315(A) 3 X MINOR (M) F SELL/GIVE HANDGUN TO 14-315(A1) 8 X MINOR M PERMIT CHILDREN USE 14-316 6 X FIREARMS M EXPOSING CHILDREN TO 14-318 6 X FIRE F FELONY 14-318.4 3 X F FELONY CHILD ABUSE- 14- 1 X PROSTITUTN 318.4(A1) F FAIL REPORT CHILD 14-318.5(B) 1 X DISAPPEAR-F F FELONY ASSAULT ON 14-32.1(E) 3 X HANDICAPPED F PATIENT ABUSE AND 14-32.2(A) 2 X X NEGLECT(F) F ABUSE DISABLE/ELDER SER 14-32.3(A) 52 X INJ F ABUSE DISABLE/ELDER 14-32.3(A) 4 X WITH INJ F NEGLECT DISABLE/ELDER 14-32.3(B) 7 X SER INJ F NEGLECT DISABLE/ELDER 14-32.3(B) 1 X WITH INJ F ASSAULT IBI BY 14-32.4(B) 2405 X STRANGULATION F FELONY CUSTODY ORDER 14-320.1 2 X VIOLATION M IV-D NONSUPPORT 14-322(B) 43 X SPOUSE M NONSUPPORT SPOUSE 14-322(C) 20 X

2019 Report of North Carolina Crimes | February 1, 2019 Page 18 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M NON-SUPPORT OF CHILD 14-322(D) 11 X M NONSUPPORT CHILD 14-322(D) 33 X M IV-D NONSUPPORT CHILD 14-322(D) 2 X M NON IV-D NONSUPPORT 14-322(D) 60 X OF CHILD F ABANDON CHILD FOR 6 14-322.1 1 X MONTHS M ASSAULT INFLICT SERIOUS 14-33(B)(1) 2 X X INJURY M ASSAULT ON A FEMALE 14-33(B)(2) 42 X X M ASSAULT - SPORTS 14-33(B)(9) 15 X X OFFICIAL M ASSAULT ATTEMPT 14-33(C)(1) 20 X X SERIOUS INJ(M) M ASSAULT SCHOOL 14-33(C)(6) 27 X X EMPL/VOLUNT M ASSAULT PUBLIC TRANSIT 14-33(C)(7) 24 X X OPERATR F DISCHARGE BARREL 14-34.1(A) 1105 X FIREARM OCC. PROP. F DISCHARGE FIREARM ENCL 14-34.10 32 X FEAR F ASLT FIREARM/DW 14-34.2 16 X COMP/CAMP POL F ADULTERATED OR 14-34.4(A) 6 X MISBRANDED FOOD F ASSAULT LEO/PO/OTHER 14-34.5 23 X X W FIREARM F ASSAULT LEO/PO 14-34.5(A) 5 X X W/FIREARM F ASSAULT EMERG PRSNL 14-34.6 61 X X IBI/WDW F ASSAULT LEO/PO/OTHER 14-34.7 89 X SER INJRY F ASSAULT DETENT EMP SER 14-34.7(B) 4 X INJ

2019 Report of North Carolina Crimes | February 1, 2019 Page 19 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F DISCHARGE FIREARM 14-34.9 8 X ENCLOSURE M SCALPING TICKETS 14-344 15 X X F KILL ANIMAL BY 14-360(A1) 1 X STARVATION (F) M INSTIGATE CRUELTY TO 14-361 12 X ANIMALS F COCKFIGHTING 14-362 40 X F DOG FIGHTING 14-362.2 0 X M UNLAWFUL WEAR OF 14-395 0 X X X AMER LEGION EMBLE M LITTERING 15 - 500 LBS 14-399(D) 13 X F COMMERCIAL LITTERING 14-399(E) 2 X F LITTERING HAZARDOUS 14-399(E) 0 X WASTE F LITTERING > 500 LBS 14-399(E) 0 X M POS ALCOHOL IN STATE 143B- 62 X PARK 135.16 M CAMPING VIOLATIONS 143B- 77 X 135.16 M ENT/REM PK BEF/AFT HRS 143B- 1 X W/O PER 135.16 M ALL ANIMAL 143B- 10 X UNATT/UNLEASH PARK 135.16 M REMOVE/DISTURB/ETC 143B- 93 X PLANT/ROCK 135.16 M SWIM/WADE/BATHE 143B- 45 X UNDESIGN AREA 135.16 M PUBLIC NUDITY IN PARKS 143B- 18 X 135.16 M ENT/REM PK BEF/AFT HRS 143B- 9 X W/O PER 135.16 M DRIVE VEH IN PK NOT DES 143B- 1 X VEH TR 135.16 M DR UNLIC VEH/MTR/MN- 143B- 1 X BIKE IN PK 135.16

2019 Report of North Carolina Crimes | February 1, 2019 Page 20 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M PARK IN UNDESIGNATED 143B- 68 X AREAS 135.16 M LEV VEH UNATT>12 143B- 0 X HR/ONGT NO PT 135.16 M OBSTRUCT TRAFFIC IN A 143B- 31 X PARK 135.16 M BOAT/RAFT/CANOE IN 143B- 25 X SWIM AREA 135.16 M SET FIRE UNDESIGNATED 143B- 64 X PLACE 135.16 M SET FIRE WHEN PROH BY 143B- 0 X PARK EMP 135.16 M FAIL TEND FIRE 143B- 50 X DESIGNATED PLAC 135.16 M PROD NOISE/MUS/ETC 143B- 45 X ANN/DIST PK 135.16 M POSS/CONS/SALE ALC BEV 143B- 62 X IN PARK 135.16 M POSS/CONS/SALE CONT 143B- 96 X SUB PARK 135.16 M BEING INTOXICATED IN A 143B- 21 X PARK 135.16 M ALL ANIMAL 143B- 38 X SWIM/BATH/REST/CAB 135.16 M ALL ANIMAL 143B- 99 X UNATT/UNLEASH PARK 135.16 M ALL ANIMAL OUT 143B- 47 X VEH/TENT 9P-7A 135.16 M HARAS/DISTURB 143B- 1 X WILDLIFE/NEST/OT 135.16 M IMPROPER ATTRACT/FEED 143B- 19 X WILDLIFE 135.16 M ROCK CLMB/RPL UNAUTH 143B- 7 X PLC/NO PT 135.16 M BOATING ACCESS AREA 143B- 0 X VIOL 135.16

2019 Report of North Carolina Crimes | February 1, 2019 Page 21 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M PARKING IN PRIV PARKING 14-401.9 0 X X SPACE M ETHNIC 14- 0 X 401.14(A) M TEACHING ETHNIC 14- 11 X INTIMIDATION 401.14(B) F CONTAMINATE 14-401.16 0 X FOOD/DRINK W/CS M SELL CIGART PACK LABL 14-401.18 12 X ETC VIOL M DEFRAUD DRUG/ALC TEST 14-401.20 41 X 1ST F DEFRAUD DRUG/ALC TEST 14-401.20 3 X SUBOFN F CONCEAL/FAIL REPORT 14- 84 X DEATH 401.22(A) F CONCL/FAIL REPORT 14- 30 X DEATH CHILD 401.22(A1) F DESTROY REMAINS 14- 0 X CONCEAL DEATH 401.22(D) F DEST BODY/REM CONC 14- 16 X UNNAT DEATH 401.22(E) M SELL/PURCHASE WEAPON 14-402 0 X NO PERMIT F ABDUCTION OF CHILDREN 14-41 16 X M POSSESSION OF 14-410 90 X PYROTECHNICS M SALE PYROTECHNICS TO < 14-410(B) 35 X 16 YR M CONC HANDGUN PROHIBIT 14- 0 X PREMISE 415.11(C)(8) M CONCEAL HANDGUN 14- 6 X PERMIT VIOL(M) 415.21(B) F HUMAN TRAFFICKING 14-43.11(A) 0 X ADULT VICTIM F HUMAN TRAFFICKING 14-43.11(A) 0 X CHILD VICTIM

2019 Report of North Carolina Crimes | February 1, 2019 Page 22 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F INVOL SERVITUDE CHILD 14-43.12(A) 0 X VICTIM F SEXUAL SERVITUDE ADULT 14-43.13(A) 0 X VICTIM F SEXUAL SERVITUDE CHILD 14-43.13(A) 0 X VICTIM F FAIL DISCLOSE ORIGIN 14-435(A) 69 X RECORDING M INTOXICATED AND 14-444 91 X DISRUPTIVE F ACCESSING COMPUTERS 14-454(A) 27 X (F) M ACCESSING COMPUTERS 14-454(B) 43 X (M) F ACCESS GOVT COMPUTERS 14- 13 X DEFRAUD 454.1(A)(1) F DAMAGING 14-455(A) 3 X COMPUTERS(F) M DAMAGING 14-455(A) 0 X COMPUTERS(M) M COMPUTER TRESPASS (M) 14-458 30 X M CYBER-BULLYING DEF =>18 14-458.1 65 X X M CYBER-BULLYING DEF <18 14-458.1 6 X X M RIDE ON TRAIN 14-460 0 X UNLAWFULLY F MALICIOUS USE EXPLOSV 14-49(A) 14 X INJURY F MALICIOUS USE EXPLOSV 14-49(B) 80 X DAMG PRP F DAMAGE OCCUPIED PROP 14-49.1 17 X EXPLOSIVE F PATTERN GANG ACTIVITY 14- 60 X 50.16(A)(1) F PATTERN GANG ACTIVITY- 14- 89 X LEADER 50.16(A)(1) F SOLICIT GANG ACTIVITY 14-50.17(A) 51 X

2019 Report of North Carolina Crimes | February 1, 2019 Page 23 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F SOLICIT GANG ACTIVITY- 14-50.18(A) 12 X MINOR F THREAT DETER GANG 14-50.19(A) 21 X WITHDRAWAL F THREAT/DMG PUNISH 14-50.20(A) 19 X GANG WITHDR F BREAK/ENTER W/ INTENT 14-54(A1) 1141 X TO TERRORIZE F BREAK/ENTER 14-56 5 X TRAILER/AIRCRAFT F BREAK/ENTER BOAT 14-56 1 X M DAMAGE COIN/CURRENCY 14-56.2 0 X MACHINE F 14-58 41 X F BURN CERTAIN PUBLIC 14-59 48 X BUILDINGS F BURNING OF A SCHOOL 14-60 14 X HOUSE F BURNING CERTAIN 14-62 62 X BUILDINGS F BURNING BLDG UNDER 14-62.1 1 X X CONSTRUCT F BURN CHURCH/RELIGIOUS 14-62.2 17 X X BLDG F FRAUDULENTLY BURNING 14-65 117 X DWELLING F FALSE BOMB REPORT 14-69.1 57 X F FALSE BOMB REPORT 14-69.1(C) 1 X PUBLIC BLDG F HOAX BY FALSE BOMB 14-69.2 28 X F HOAX FALSE BOMB PUBLIC 14-69.2(C) 19 X BLDG F ARSON RESULTING IN SI TO 14-69.3 3 X X EMT OR FF M AFTER THE 14-7 2 X FACT (M)

2019 Report of North Carolina Crimes | February 1, 2019 Page 24 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F ARMED HABITUAL FELON 14-7.36 4 X F VIOLENT HABITUAL FELON 14-7.7 79 X F FEL - >$400 14-72(A) 50 X M LARCENY OF MOTOR 14-72(A) 17 X VEHICLE (M) F POSS/RCV STOLEN PROP 14-72(C) 0 X CERT FEL F LARC MERCHANT 14-72.11(1) 3 X X EMERGENCY DOOR F LARCENY DEFEAT ANTI- 14-72.11(2) 1 X X THEFT DEV F LARC MERCHANT PROD 14-72.11(3) 1 X X CODE FRAUD F LARCENY FROM 14- 0 X CONSTRUCTION SITE 72.6(A)(1) F POS/REC STOLEN PROP 14- 0 X CONST SITE 72.6(A)(2) F ALTER/DEST/ETC STOLEN 14-72.7(A) 0 X MV/PART F PERMIT PLACE USED CHOP 14- 0 X SHOP 72.7(A)(2) F PUR/SELL/ETC MV/PART 14- 8 X ALT ID 72.7(A)(3) F PURCH/DISP/ETC MV/PART 14- 74 X CHOP SH 72.7(A)(4) M LARCENY OF PUBLIC 14-76 2 X RECORD M LARCENY OF WILL 14-77 2 X M TAKE HORSE/MULE/DOG 14-82 0 X X X TEMP PURP M LAR/DESTRUCTION/VAN 14-86.2 0 X X X OF PORT TOILET M ESCAPE FROM STATE 148-45(A) 0 X PRISON (M) F ESCAPE FROM STATE 148-45(B) 42 X PRISON (F)

2019 Report of North Carolina Crimes | February 1, 2019 Page 25 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F ORGANIZED RETAIL THEFT 14-86.6(A) 85 X F AID AND ABET ARMED 14-87 1 X F 14-90 12 X >=$100,000 F EMBEZ STATE PROP 14-91 0 X >=$100,000 F EMBEZZLEMENT-PUB 14-92 36 X OFF/TRUSTEES F EMBEZ PUB OFF/TRST 14-92 11 X >=$100,000 M SELL/CON ALC BEV AFTER 18B-1004 26 X HOURS M ABC LAW VIOLATION 18B-102 5 X M TRANSPORT NONTAXPAID 18B-111 7 X ALC BEV M ALLOW CON MTBV/U-WN 18B-300(A1) 1 X SUSP PERM M ALLOW CON MTBV/U-WN 18B-300(B) 4 X OFF PREM M CON MTBV/U-WN PREM 18B-300(B) 2 X NO PERMIT M POSS MBEV/UNFWN PROP 18B-300(C) 4 X TMP CLSD M CONSUME/OFFER AT ABC 18B-301(F) 5 X STORE M POSS/CONSUME AFTER 18B-301(F) 18 X PROHIBITED M CON/OFFER ALC BEV 18B- 25 X PUBLIC ROAD 301(F)(1) M PUR/POSS BEER/WINE 18B-302 6 X UNDERAGE M SELL F-WN/LQ/MIXBEV 18B- 29 X TO<21 302(A)(2) M PUR/ATT MTBV/U-WN 18B- 13 X NOT 19/20 302(B)(1)

2019 Report of North Carolina Crimes | February 1, 2019 Page 26 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M PUR MTBV/U-WN BY 19/20 18B- 17 X 302(B)(1) M ATT PUR MTBV/U-WN BY 18B- 72 X 19/20 302(B)(1) M PUR/ATT F-WN/LQ/MXBV 18B- 37 X < 21 302(B)(2) M AID UNDERAGE PUR ALC 18B- 85 X BY < 21 302(C)(1) M UNDERAGE AID/ABET POSS 18B- 1 X ALCOHOL 302(C)(1) M OBT/ATT OBT ALC OTHER 18B- 1 X DL 302(E)(3) M OBT/ATT OBT ALC OTHERS 18B- 8 X ID 302(E)(4) M OBT/ATT OBT ALC OTHER 18B- 33 X FORM ID 302(E)(5) M SELL/GIVE ALC TO INTOX 18B-305 56 X PERSON M MANUFACTURE LIQUOR 18B-307(B) 13 X NO PERMIT M TRANSPORT UN-FORT 18B-400 26 X WINE NO PERM M TRANSPORT FRT WINE/LIQ 18B-400 2 X NO PERM T TRANS ALC/CONTAINER 18B-401(A) 18 X NOT MANU M DRINK BEER/WINE WHILE 18B-401(A) 52 X DRIVING T DRIVE-CONS MALT BEV 18B-401(A) 73 X PASS AREA M TRANSPORT IN FOR-HIRE 18B-401(B) 2 X VEHICLE M BRING ALCOHOL INTO 18B-402 2 X STATE VIOL M TRANSPORT>40 LIT FORT 18B-403(A) 4 X WINE/LIQ

2019 Report of North Carolina Crimes | February 1, 2019 Page 27 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M TRANSPORT>AMT FORT 18B-403(A) 39 X WINE/LIQ M TRANSPORT>100 LIT 18B-403(A) 8 X UNFORT WINE M FAIL DISPLAY PERMIT LE 18B-403(E) 12 X REQUEST M ILLEGAL TRANSPORT 18B-406 4 X ALCOHOL BEV M SELL/BUY LOTTERY TIX<18 18C-131(D) 52 X T FALSE REPORT OF THEFT 20-102.1 1 X OF MV F MOTOR VEHICLE RENTAL 20-106.1 1 X FRAUD T MV SUBLEASE VIOLATION 20-106.2(B) 2 X (M) T TAMPERING WITH VEHICLE 20-107 25 X PARTS T TAMPERING WITH VEHICLE 20-107(B) 4 X STEAL F ALTERING SERIAL 20-109(B) 28 X NUMBERS T ALLOW FICTITIOUS REG 20-111(2) 1 X PLATE T FICT/CNCL/REV/ALT REG 20-111(2) 5 X CARD/TAG T FICT/CNCL/REV REG 20-111(2) 1 X CARD/TAG T FALSE APPLIC REG/TITLE 20-111(5) 14 X T SEMITRAILER DRIVR VIOL 20-115.1(I) 4 X <50 FT T SEMITRAILER DRIVR VIOL 20-115.1(I) 4 X >=50 FT T DESIGNATED TRUCK 20-116(H) 2 X ROUTE VIOL T IMPAIRED 20-12.1 0 X SUPERV/INSTRUCTION

2019 Report of North Carolina Crimes | February 1, 2019 Page 28 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

T TEXTING/EMAIL VIOL 20- 0 X SCHOOL BUS 137.4A(A) T DUI - ALCHOLIC BEVERAGE 20-138(A) 0 X (R/83) T COMMERCIAL DWI UNDER 20- 73 X INFLUENCE 138.2(A)(1) T COMMERCIAL DWI >=.04 20- 0 X 138.2(A)(2) T CONSUME ALCOHOL 20-138.2A 3 X COMM VEH T CONSUME ALCH SCH 20-138.2B 0 X BUS/CHILD VEH T SPEED >=15 OVER CMV 20-141(J3) 14 X LOAD PRMT T PREARRANGED SPEED 20-141.3(A) 20 X COMPETITION F AGG FEL SER INJURY BY 20- 58 X VEHICLE 141.4(A4) F AGG FELONY DEATH BY 20- 0 X VEHICLE 141.4(A5) F REPEAT FELONY DEATH BY 20- 25 X VEHICLE 141.4(A6) F ELUDE ARREST MV CAUSE 20-141.5(A) 0 X DEATH F ELUDE ARREST MV DEATH 20-141.5(B) 0 X 2 AF F ELUDE ARREST MV DEATH 20-141.5(B) 50 X >=3 AF F ELUDE ARRST MV 2 20-141.5(B) 1 X AGRVTG FCTRS F ELUDE ARRST MV >=3 20-141.5(B) 56 X AGRV FCTRS M/F AGG FAIL TO STOP FOR 20-157(A) X EMER VEHICLE T FAIL COMPLY RESTRICTED 20-16.1(B) 27 X DRIVING

2019 Report of North Carolina Crimes | February 1, 2019 Page 29 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

T HIT-RUN PERSON FAIL 20-166(A) 13 X STOP (F) F FEL HIT/RUN FAIL STOP 20-166(A) 19 X PER INJ T HIT - RUN PROPERTY FAIL 20-166(B) 84 X INFO F FEL HIT/RUN SER 20-166(E) 23 X INJ/DEATH RV 1 F FEL HIT/RUN SER 20-166(E) 51 X INJ/DEATH RV 2 F FEL HIT/RUN INJURY RV 1 20-166(E) 2 X F FEL HIT/RUN INJURY RV 2 20-166(E) 18 X F PASSENGER FLEE ACC 20-166.2(A) 4 X INJ/DEATH T PASSENGER FAIL GIVE 20-166.2(B) 93 X INFO/AID T FAIL WEIGH/ENTER WEIGH 20-183.11 2 X STATION T SAFETY/EMISSION 20- 9 X INSPECT-NO LIC 183.8(B1) F FORGE INSPECT 20- 36 X STICKER/RECEIPT 183.8(C)(1) F B/I/S/P FORGED 20- 4 X INSPECTION 183.8(C)(2) F BUY/SELL ELE INSP VEH 20- 3 X NOT PASS 183.8(C)(3)B F SOLICIT/ACCEPT VALUE 20- 16 X FAIL INSP 183.8(C)(4) F PASS STOPPED BUS STRIKE 20-217(G) 63 X PERSON F PASS STOP SCH BUS-CAUSE 20-217(G) 1 X DEATH T A&A DWLR NOT IMPAIRED 20-28 1 X REV T DRIVE CVEH CLIC 20-28(D) 2 X DISQUALIFIED

2019 Report of North Carolina Crimes | February 1, 2019 Page 30 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

T FAIL DISPLAY/ADVT LIC OR 20-290 14 X LIST T ALLOW USE OF LICENSE OR 20-30(2) 2 X PERMIT T DISPLAY ANOTHERS LIC AS 20-30(3) 25 X OWN T OBTAIN DR LIC BY FRAUD 20-30(5) 1 X T FICTITIOUS DRIVERS 20-30(5) 97 X LICENSE T OBTAIN DR LICENSE BY 20-30(5) 0 X FRAUD F SELL FALSE DRIVERS 20-30(7) 32 X LIC/PERMIT F FALSE LIC/PERM IN 20-30(9) 97 X COMMIT FEL F CHANGE OF MILEAGE VIOL 20-343 18 X T COMM DL NOT IN 20-37.12(A) 30 X POSSESSION T DR COM VEH W/O PROPER 20-37.12(A) 31 X ENDORSE T CMV OUT-OF-SERVICE 20-37.12(B) 15 X ORDER VIOL T SPECIAL ID FRAUD 20-37.8(A) 7 X VIOLATION F SPECL ID FRAUD IN 20-37.8(B) 0 X COMMIT FEL T FALSIFIED RECORD DUTY 20-396 65 X STATUS T FAIL RET PREV 7 DY DUTY 20-396 0 X STATUS T EVADE FMCR FAIL HAVE 20-396 70 X REC DUTY T FMCR FAIL HAVE ORG/CPY 20-396 83 X MED CER T RADAR DETECTOR COMM 20-396(A) 12 X VEHICLE

2019 Report of North Carolina Crimes | February 1, 2019 Page 31 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

T MOTOR CARRIER LOG 20-396(A) 43 X BOOK VIOL T FAIL TO SURRENDER TITLE 20-59 24 X T REG/TITLE ADDRESS 20-67 24 X X CHANGE VIO T LICENSE NOT IN 20-7(A) 77 X POSSESSION T EXPIRED OPERATORS 20-7(F) 5 X LICENSE T FAIL TO NOTIFY DMV ADDR 20-7.1 41 X X CHANGE F FALSE CERTIFICATION OF 20-72(B) 8 X TITLE T IMPROPER USE DEALER 20-79 57 X PERMIT/TAG M IV-D NONSUPPORT ILLEGIT 49-2 13 X CHILD M NON IV-D NONSUPP 49-2 23 X ILLEGIT CHILD F DVPO VIOL DEADLY 50B-4.1(G) 40 X WEAPON F IMPROPER ENTRY OF DV 50B-4.1(G1) 0 X SHELTER F BAIL BNDSMN FAIL RET 58-71-95(5) 55 X SEC>$1500 M CONTEMPT BY 5A- 2 X PROBATIONER 11(A)(9A) M TRESPASS ON AIRPORT 63-26.1 49 X PROPERTY F SECONDARY METALS 66-419(A) 6 X RECYC VIOL-F M SECONDARY METALS 66-419(A) 34 X RECYC VIOL-M M UNLAWFUL TRANSP/POSS 66-419(B) 16 X COPPER-M M PERMITTING BITCH TO 66-2 0 X X RUN AT LARGE

2019 Report of North Carolina Crimes | February 1, 2019 Page 32 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M SHEEP-KILLING DOGS TO 66-3 0 X X BE KILLED M FAILING TO KILL MAD DOG 67-4 0 X X M ALLOW DOG TO RUN AT 67-12 3 X X X NIGHT M OPERATE BOAT RECKLESS 75A-10(A) 15 X MANNER M MOTORVESSEL W/O 75A-6 6 X LIFESAVING DEV M BOATING W/O REQ 75A-6 12 X LIGHTS/EQUIP F SECURITIES 78A-8 1 X FRAUD/VIOLATION M FAIL/PREVENT JUV ABUSE 7B-301(B) 87 X REPORT F COUNTERFEIT TRADEMARK 80-11.1(B) 1 X FEL M BARBERING W/O 86A-1 4 X CERTIFICATE M NO BARBER SHOP/SCHOOL 86A-1 6 X PERMIT F OBT CS PRESCRIP 90- 1 X MISREP/WITHHLD 108(A)(13) M POSS TOXIC VAPORS 90-113.11 7 X SUBSTANCE M POSS DRUG 90-113.22 5 X PARAPHERNALIA M EXCEED PSEUDO LIMITS 90-113.53 47 X M EXCEED PSEUDO LIMITS 2 90-113.53 1 X OFF F EXCEED PSEUDO LIMITS 3+ 90-113.53 3 X OFF M PRACTICE MEDICINE W/O 90-18(A) 0 X LICENSE F PRACT MEDICINE W/ NON- 90-18(A) 0 X NC LIC

2019 Report of North Carolina Crimes | February 1, 2019 Page 33 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M PRACTICE PHARMACY W/O 90-85.21B 0 X LICENSE F P/W/I/D MARIJUANA 90-95(A) 3 X M SIMPLE POSS COCAINE 90-95(A) 18 X F MANUFACTURE MDPV 90-95(A)(1) 2 X F PWISD MDPV 90-95(A)(1) 17 X F PWIMSD MDPV 90-95(A)(1) 3 X F PWISD MEPHEDRONE 90-95(A)(1) 0 X F PWIMSD MEPHEDRONE 90-95(A)(1) 21 X F SELL SYNTH CANNABINOID 90-95(A)(1) 8 X F CONSP SELL SYNTH 90-95(A)(1) 13 X CANNABINOID F DELIVER SYNTH 90-95(A)(1) 2 X CANNABINOID F CONSP DEL SYNTH 90-95(A)(1) 1 X CANNABINOID F PWISD SYNTH 90-95(A)(1) 10 X CANNABINOID F PWIMSD SYNTH 90-95(A)(1) 7 X CANNABINOID F SELL/DELIVER 90-95(A)(1) 1 X MEPHEDRONE F SELL/DEL SYNTH 90-95(A)(1) 10 X CANNABINOID F SELL SCH III CS 90-95(A)(1) 30 X F SELL SCH IV CS 90-95(A)(1) 3 X F SELL/DELIVER LSD 90-95(A)(1) 30 X F DELIVER LSD 90-95(A)(1) 37 X F DELIVER SCH I CS 90-95(A)(1) 2 X F DELIVER SCH III CS 90-95(A)(1) 5 X F DELIVER SCH IV CS 90-95(A)(1) 5 X F MANUFACTURE SCH III CS 90-95(A)(1) 9 X F MANUFACTURE SCH IV CS 90-95(A)(1) 3 X F MANUFACTURE SCH V CS 90-95(A)(1) 27 X

2019 Report of North Carolina Crimes | February 1, 2019 Page 34 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F PWIMSD SCH V CS 90-95(A)(1) 26 X F CREATE COUNTERFEIT CS 90-95(A)(2) 1 X M SIMPLE POSS MDPV-MISD 90-95(A)(3) 79 X M ATTEMPT POSS MDPV- 90-95(A)(3) 2 X MISD F ATTEMPT POSS MDPV- 90-95(A)(3) 2 X FELONY F POSSESS MDPV-FELONY 90-95(A)(3) 12 X F POSSESS MEPHEDRONE 90-95(A)(3) 1 X F FEL POSS SYNTHETIC 90-95(A)(3) 2 X CANNABINOID M SYNTH CANNABINOID 90-95(A)(3) 0 X POSS>7-21G M ATT POSS SYNTH 90-95(A)(3) 5 X CANNABIN<=7G M ATT POSS SYNTH 90-95(A)(3) 3 X CANNABIN>7-21G F FELONY POSSESSION SCH 90-95(A)(3) 1 X III CS F POSSESSION OF LSD 90-95(D)(1) 0 X F POSS/DIST PRECURSOR 90-95(D1) 3 X CHEMICAL F PWIM PRECURSOR-NOT 90- 1 X METH 95(D1)(1)A F POSS/DISTR PRECURSOR- 90- 6 X NOT METH 95(D1)(1)B F SELL OR DELIV CS MINOR 90-95(E)(5) 51 X >13-<16 F SELL OR DELIV CS MINOR 90-95(E)(5) 13 X <=13 F POSS CS W/IN 300 FT OF 90-95(E)(8) 2 X SCHOOL F S/D CS W/IN 300 FT OF 90-95(E)(8) 21 X SCHOOL F TRAFFIC SYNTH 90- 2 X CANNABINOID 95(H)(1A)

2019 Report of North Carolina Crimes | February 1, 2019 Page 35 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

F TRAFFICK IN 90- 12 X AMPHETAMINE 95(H)(3C) F TRAFFICKING MDPV 90- 1 X 95(H)(3D) F TRAFFICKING IN LSD 90- 17 X 95(H)(4A) F CONSPIRE TRAFFIC LSD 90-95(I) 2 X F CONSPIRE TRAFFIC 90-95(I) 0 X MDA/MDMA F CONTINUING CRIMINAL 90-95.1 5 X ENTERPRISE F CS HIRE/USE MINOR >13 90- 66 X DEF >=21 95.4(B)(1) F PARTICIP IN DRUG VIOL BY 90-95.7 1 X MINOR F CONSP SELL/DELIVER SCH 90-98 19 X III CS F CONSP SELL/DELIVER SCH 90-98 1 X IV CS F CONSP SELL/DELIVER SCH 90-98 51 X V CS F ATTEMPTED POSSESSION 90-98 1 X COCAINE F CONSPIRE DELIVER METH 90-98 2 X F CONSPIRE SELL MARIJ 90-98 0 X F CONSPIRE SELL HEROIN 90-98 7 X F CONSPIRE SELL SCH I CS 90-98 3 X F CONSPIRE SELL SCH VI CS 90-98 93 X F CONSPIRE DELIVER MARIJ 90-98 18 X F CONSPIRE DELIVER 90-98 52 X COCAINE F CONSPIRE DELIVER HEROIN 90-98 44 X F CONSPIRE DELIVER SCH I 90-98 3 X CS F CONSPIRE DELIVER SCH VI 90-98 59 X CS

2019 Report of North Carolina Crimes | February 1, 2019 Page 36 of 227 Table 1: List of North Carolina Common Law Crimes and Crimes Defined in the NC General Statutes

Undefined Terms

Unconstitutional

Rarely Charged

Inconsistent

Duplicative

Obsolete Statewide Code FMTI Offense Title Charge Citation Total

M GIVING FALSE INFO TO ESC 96-18 12 X M MISREP TO PREVENT ESC 96-18(B) 89 X BENEFIT F COMMON 17 X LAW F ATTEMPTED COMMON 6 X LAW F CONSP ARMED ROBBERY COMMON 45 X BUS/PERS LAW F COMMON LAW UTTERING COMMON 1 X (F) LAW M FORCIBLE TRESPASS COMMON 65 X LAW

2019 Report of North Carolina Crimes | February 1, 2019 Page 37 of 227

Table 2

Presence of Mens Rea in

2019 Report of North Carolina Crimes | February 1, 2019 Page 38 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present 1st Degree Murder 14-17(a) YES 1st Degree Murder (child YES ONLY because the murder is 14-17(c) dies as a result of injuries) either (a) or (b) Murder of an unborn child 14-23.2(a)(1) and (2) YES both Unlawful use of a nuclear, biological, or chemical weapon of mass 14-288.22(a) YES destruction; punishment (injures another). Murder in the 2nd degree (except as provided in 14-17(b) YES (reckless and wanton) (b)(1) and (2)). Murder in the 2nd degree (except as provided in (b)(1) and (2)) (child born 14-17(c) YES alive but dies as a result of injuries prior to birth). NO implied “forcible” but NO 1st degree forcible rape. 14-27.21 specific mens rea Statutory rape of a child by 14-27.23 NO strict liability crime (stat rape) an adult. NO strict liability crime (stat rape 1st degree statutory rape. 14-27.24 based on ages) Statutory rape of person who is 15 years of age or younger (defendant is at NO Strict liability (stat rape 14-27.25(a) least at least 12 years old [marriage exception]) and at least six years older than victim). 1st degree forcible sexual offense. (Was G.S. 14- 14-27.26 NO implied “forcible” 4(a)(2) Statutory sexual offense NO strict liability (stat sex offense 14-27.28 with a child by an adult. with a child) 1st degree statutory sexual NO strict liability (stat sex offense 14-27.29 offense. child’s age) Statutory sexual offense with a person who is 15 years of age or younger NO stat sex offense (unless married (defendant is at least at 14-27.30(a) exception) least 12 years old and at least six years older than victim).

2019 Report of North Carolina Crimes | February 1, 2019 Page 39 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Incest (child is under 13 and person is at least 12 and at least four years older than child; child is 13, 14-178(b)(1) NO related persons is enough 14, or 15 and person is at least six years older than the child). Unlawful manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of a nuclear, 14-288.21 YES biological, or chemical weapon of mass destruction; exceptions; punishment. Unlawful use of a nuclear, biological, or chemical weapon of mass destruction; punishment 14-288.22(b) NO “attempt or solicit” (, solicits, conspires to injure another). Unlawful use of a nuclear, biological, or chemical weapon of mass 14-288.22(c) NO destruction; punishment (deposits for delivery). Murder in the 2nd degree (unlawful killing with depraved heart malice, or 14-17(b)(1) or (2) YES by distribution of listed substance). Murder in the 2nd degree (unlawful killing with depraved heart malice, or by distribution of listed 14-17(c) YES substance) (child born alive but dies as result of injuries prior to birth).

2019 Report of North Carolina Crimes | February 1, 2019 Page 40 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Murder of an unborn child (fetal death caused by act that is inherently dangerous to life and done 14-23.2(a)(3) YES so recklessly and wantonly to reflect disregard for life). Human trafficking (victim is 14-43.11 YES minor). Child abuse inflicting 14-318.4(a3) YES serious bodily injury. Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; 20-141.4(a6) NO “repeat felony” procedural repeat felony death by vehicle (repeat felony death by vehicle). Death or serious injury by impaired boating; repeat 75A-10.3(e), (f)(1) NO “repeat felony” procedural offenses (repeat death by impaired boating). Armed habitual felon. 14-7.36 NO “habitual felon” 2nd degree forcible rape. 14-27.22 NO implied “forcible” Statutory rape of person who is 15 years of age or younger (defendant is at least 12 years old and 14-27.25(b) NO strict liability stat rape more than four but less than six years older than victim). 2nd degree forcible sexual 14-27.27 NO implied “forcible” offense. Statutory sexual offense with a person who is 15 years of age or younger (defendant is at least 12 14-27.30(b) NO strict liability years old and more than four but less than six years older than victim). Malicious castration. 14-28 YES Malicious maiming. 14-30 YES

2019 Report of North Carolina Crimes | February 1, 2019 Page 41 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Assault with deadly weapon with intent to kill 14-32(a) NO “” as a verb but NO inflicting serious injury. Patient abuse and neglect, intentional conduct 14-32.2(b)(1) NO proximately causes death. Discharging certain barreled weapons or a NO “if a person violates” strict firearm into occupied 14-34.1(c) liability property (results in serious bodily injury). Adulterated or misbranded food, drugs, etc.; intent to NO “with intent to cause serious 14-34.4 cause serious injury or injury” death; intent to extort. Kidnapping in the 1st NO “unlawfully confine” “without 14-39 degree. ” Human trafficking (victim is 14-43.11 YES adult) Involuntary servitude 14-43.12 YES (victim is minor) Sexual servitude (victim is 14-43.13 YES minor). Larceny by servants and other employees (amount 14-74 NO involved $100,000 or more). Embezzlement of property received by virtue of office or employment (amount 14-90 YES involved $100,000 or more). Embezzlement of State property by public officers and employees (amount 14-91 YES involved $100,000 or more). Embezzlement of funds by public officers and trustees 14-92 YES (amount involved $100,000 or more).

2019 Report of North Carolina Crimes | February 1, 2019 Page 42 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Embezzlement by treasurers of charitable and religious organizations 14-93 NO (amount involved $100,000 or more). Embezzlement by officers of railroad companies 14-94 NO (amount involved $100,000 or more). Appropriation of partnership funds by partner to personal use 14-97 NO (amount involved $100,000 or more). Embezzlement by surviving partner (amount involved 14-98 YES $100,000 or more). Embezzlement of taxes by officers (amount involved 14-99 NO strict liability $100,000 or more). Obtaining property by (amount 14-100 YES involved $100,000 or more). Contaminating a public 14-159.1 YES water system. Incest (child is 13, 14, or 15 and person is more than NO strict liability incest (with age 14-178(b)(2) four but less than six years specifications) older than the child). 1st degree sexual 14-190.16 YES exploitation of a minor. Promoting prostitution of a 14-190.18 Repealed (14-190.19 as well) minor. Promoting prostitution (minor or mentally 14-205.3(b)(3), (d) YES disabled person). Promoting prostitution (minor or mentally 14-205.3(b), (d) YES disabled person) (second or subsequent conviction)

2019 Report of North Carolina Crimes | February 1, 2019 Page 43 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Distribution of certain food at Halloween and all other times prohibited 14-401.11(b)(3) YES (poisonous chemical/foreign substance). Embezzlement of closing funds by settlement agent 45A-8 NO (amount involved $100,000 or more). Misapplication, embezzlement of funds, 53-129 NO etc. (amount involved $100,000 or more). Misapplication, 53C-8-11 NO embezzlement of funds. Embezzlement by insurance agents, brokers, or administrators (amount 58-2-162 NO involved $100,000 or more). Criminal penalties (violations of 78A-8, -11, - 13, or -14 (Securities Act)) 78A-57(a2) YES (resulting loss is $100,000 or more). Criminal penalties (violations of 78C-8(a)(1), (a)(2), or (b) (Investment 78C-39(a2) YES Advisors)) (resulting loss is $100,000 or more). Criminal penalties (Commodities Act) 78D-24 YES (resulting loss is $100,000 or more). Manufacture of 90-95(b)(1a) NO methamphetamine. Selling or delivering a controlled substance by a 90-95(e)(5) NO person 18 or over to a person under 13. Trafficking in methamphetamine (400 90-95(h)(3b)c NO grams or more).

2019 Report of North Carolina Crimes | February 1, 2019 Page 44 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Trafficking in MDPV (400 90-95(h)(3d)c NO grams or more). Trafficking in mephedrone 90-95(h)(3e)c NO (400 grams or more). Trafficking in opium or 90-95(h)(4)c NO heroin (28 grams or more). Continuing criminal 90-95.1 NO enterprise. Penalties (Funeral and Burial Trust Funds; amount 90-210.70(a) YES involved $100,000 or more). Penalties (contribution tax return preparer aids or assists in filing false or fraudulent return to evade 96-18(b1) YES unemployment insurance contributions and amount involved is $100,000 or more). Penalties (income tax return preparer aids or assists in filing fraudulent 105-236(a)(9a)a YES returns and amount is $100,000 or more). Criminal Violation of Article 9 (Hazardous 130A-26.1(i)(1) YES waste). Enforcement procedures: criminal penalties (Pollution Control, Animal 143-215.6B(h)(1) YES Waste Management Systems). Enforcement procedures: criminal penalties (Oil 143-215.88B(f)(1) YES pollution and hazardous substance control). Enforcement procedures: criminal penalties 143-215.94X(c)(1) YES (Hazardous substances).

2019 Report of North Carolina Crimes | February 1, 2019 Page 45 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Enforcement procedures; criminal penalties (dry- cleaning solvents; knowing and willful violation, place 143-215.104Q(c) YES person in danger of death/serious bodily injury). Enforcement procedures: criminal penalties (Air 143-215.114B(h)(1) YES pollution control). Continuing criminal 14-7.20(a1) NO enterprise (). Voluntary manslaughter. 14-18 NO punishments only Voluntary manslaughter of 14-23.3 NO an unborn child. Discharging certain barreled weapons or a firearm into occupied 14-34.1(b) YES property (occupied dwelling/occupied conveyance in operation). Sexual servitude (victim is 14-43.13 YES adult). Malicious use of explosive 14-49(a) YES or incendiary. Malicious damage of occupied property by use 14-49.1 YES of explosive or incendiary. NO because of the definition of in the 1st degree. 14-51 burglary Breaking out of dwelling 14-53 NO house burglary. Burglary with explosives. 14-57 NO Arson in the 1st degree. 14-58 NO Burning of mobile home, manufactured-type house 14-58.2 YES or recreational trailer home. Robbery with firearms or 14-87 NO other dangerous weapons. Train robbery. 14-88 NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 46 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Interfering with gas, electric and steam appliances or meters; 14-151(d)(4) YES penalties (resulting in death). Cutting, mutilating, defacing, or otherwise injuring property to obtain 14-159.4(c)(4) YES Nonferrous metals (results in death of another). Patronizing a prostitute (prostitute mentally 14-205.2 YES disabled). Promoting prostitution (minor or mentally 14-205.3(b)(1) or (2), (d) YES disabled person). Child abuse inflicting 14-318.4(a) YES serious injury. Child abuse (prostitution). 14-318.4(a1) NO mens rea in (a) section Child abuse (sexual act). 14-318.4(a2) NO mens rea in (a) section Concealment of death; disturbing human remains; dismembering human remains (attempt to 14-401.22(e) NO conceal of Non- natural death by dismembering or destroying remains). Making a false report concerning a nuclear, biological, or chemical 14-288.23 YES weapon of mass destruction; punishment; restitution. Perpetrating hoax by use of false nuclear, biological, or chemical weapon of 14-288.24 YES mass destruction; punishment; restitution.

2019 Report of North Carolina Crimes | February 1, 2019 Page 47 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Felony and misdemeanor death by vehicle; felony serious injury by vehicle; YES “unintentionally” but “impaired aggravated offenses; 20-141.4(a1) driving” also. repeat felony death by vehicle (felony death by vehicle). Felony and misdemeanor death by vehicle; felony serious injury by vehicle; YES “unintentionally” but “impaired aggravated offenses; 20-141.4(a5) driving” also. repeat felony death by vehicle (aggravated felony death by vehicle). Death or serious injury by impaired boating; repeat YES “unintentionally” but “impaired 75A-10.3(a), (f)(2) offenses (death by driving” also. impaired boating). Death or serious injury by impaired boating; repeat 75A-10.3(d), (f)(1a) YES related to the larger section-(a) offenses (aggravated death by impaired boating). Selling or delivering a controlled substance by a person 18 or over to a 90-95(e)(5) NO strict liability person under 16 but more than 13 or a pregnant female. Trafficking in marijuana 90-95(h)(1)d NO sentencing statute (10,000 pounds or more). Trafficking in synthetic cannabinoid (3750 dosage 90-95(h)(1a)d NO volume/sentencing statute units or more). Trafficking in methaqualone (10,000 or 90-95(h)(2)c NO volume/sentencing statute more dosage units). Trafficking in cocaine (400 90-95(h)(3)c NO volume/sentencing statute grams or more). Trafficking in Lysergic Acid Diethylamide (1,000 or 90-95(h)(4a)c NO volume/sentencing statute more dosage units). Trafficking in MDA/MDMA (1000 or more dosage 90-95(h)(4b)c NO volume/sentencing statute units/400 grams or more).

2019 Report of North Carolina Crimes | February 1, 2019 Page 48 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Promoting drug sales by a 90-95.6 YES minor. Sentencing of status offenders (Habitual 14-7.31 NO Status Offender sentencing breaking and entering). Sexual activity by a substitute parent or 14-27.31(a) NO custodian (parent). Sexual activity by a substitute parent or 14-27.31(b) NO custodian (custodian). Castration or other maiming without malice 14-29 YES aforethought. Malicious throwing of 14-30.1 YES corrosive acid or alkali. Maliciously assaulting in a 14-31 YES secret manner. Assault with deadly weapon inflicting serious 14-32(b) NO punishment statute injury. Assault with deadly 14-32(c) NO punishment statute weapon with intent to kill. Patient abuse and neglect, culpably negligent conduct 14-32.2(b)(2) NO proximately causes death. Discharging certain barreled weapons or a 14-34.1 YES firearm into occupied property. Assault with a firearm on a law enforcement officer, probation or parole officer, or on a member of the 14-34.5 NO North Carolina National Guard, or on a person employed at a State or local detention facility. Discharging a firearm from 14-34.9 YES within an enclosure. Kidnapping in the 2nd 14-39 NO degree.

2019 Report of North Carolina Crimes | February 1, 2019 Page 49 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Malicious use of explosive or incendiary (building of 14-49(b1) YES worship). Malicious use of explosive or incendiary (government 14-49(b2) YES building). Burning of churches and certain other religious 14-62.2 YES buildings. Arson or other unlawful burning that results in serious injury to a 14-69.3 YES firefighter or emergency medical technician. Trafficking in stolen 14-113.20A,-113.22 NO for both identities. Penalty for violation of Article (Residential Mortgage Fraud Act - 14-118.15(b) NO pattern of residential mortgage fraud). 2nd degree sexual 14-190.17 YES exploitation of a minor. of prostitution (prostitute mentally 14-205.1 NO disabled). Promoting prostitution (second or subsequent 14-205.3(a)(c) YES conviction for violation) Failure to enroll; tampering 14-208.44(b) YES with device (tamper). Child abuse (willful act or grossly negligent omission which shows a reckless 14-318.4(a4) NO disregard for human life and results in serious bodily injury to the child). Unlawful possession and use of unmanned aircraft 14-401.24(a) NO strict liability systems (weapon attached).

2019 Report of North Carolina Crimes | February 1, 2019 Page 50 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; 20-141.4(a4) YES repeat felony death by vehicle (aggravated felony serious injury by vehicle). Speeding to elude arrest (violation of subsection (b) 20-141.5(c) NO is proximate cause of death). Death or serious injury by impaired boating; repeat offenses (aggravated 75A-10.3(c), (f)(3) NO serious injury by impaired boating). Manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver a controlled 90-95(e)(8) NO Sentencing Statute substance within 1,000 feet of a child care center, elementary or secondary school. Manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver a controlled 90-95(e)(10) NO age requirement substance within 1,000 feet of a playground in a public park. Trafficking in methamphetamine (200 90-95(h)(3b)b NO strict liability >28 grams or more, less than 400 grams). Trafficking in amphetamine 90-95(h)(3c)c NO strict liability >400 grams (400 grams or more). Trafficking in MDPV (200 grams or more, less than 90-95(h)(3d)b NO strict liability > 200 but < 400 400 grams). Trafficking in mephedrone (200 grams or more, less 90-95(h)(3e)b NO strict liability >14 but < 28 than 400 grams).

2019 Report of North Carolina Crimes | February 1, 2019 Page 51 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Trafficking in opium or heroin (14 grams or more, 90-95(h)(4)b NO less than 28 grams). Violations; civil penalties; appeal; criminal penalties (violations of Article 14B - Amusement Device Safety 95-111.13(j) YES Act of North Carolina, resulting in serious injury or death). Violations; civil penalties; appeal; criminal penalties (violations of Article 15 – 95-125.3(g) YES Passenger Tramway Safety, resulting in serious injury or death). Rebellion against the state. 14-8 NO Assault with a deadly weapon on executive, 14-16.6(b) NO legislative, or court officer. Assault inflicting serious bodily injury on executive, 14-16.6(c) NO legislative, or court officer. Involuntary manslaughter. 14-18 NO Punishment section Involuntary manslaughter 14-23.4 NO of an unborn child. Assault inflicting serious bodily injury on an unborn 14-23.5 NO child. Aggravated assault/assault and on 14-32.1(e) NO Punishment section handicapped person. Patient abuse and neglect, conduct proximately 14-32.2(b)(3) NO causes serious bodily injury. Domestic abuse, neglect, and exploitation of disabled or elder adults 14-32.3(a) YES (abuse results in serious injury). Assault inflicting serious 14-32.4(a) NO bodily injury.

2019 Report of North Carolina Crimes | February 1, 2019 Page 52 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Assault with a firearm or other deadly weapon upon governmental officers or 14-34.2 NO employees, company police officers, or campus police officers. Assault or affray with a firearm on an emergency medical technician, ambulance attendant, 14-34.6(c) NO emergency department nurse, or hospital personnel. Certain assaults on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or 14-34.7(a), (a1), (b) NO on a person employed at a State or local detention facility; penalty (inflicts serious bodily injury). Discharge firearm within 14-34.10 YES enclosure to incite fear. Abduction of children. 14-41 NO Involuntary servitude. 14-43.2 Repealed Felonious restraint. 14-43.3 NO Involuntary servitude 14-43.12 YES (victim is adult). Unlawful sale, surrender, 14-43.14 NO or purchase of a minor. Pattern of criminal street gang activity (conduct or 14-50.16(a)(1) Repealed participate in as organizer). Soliciting; encouraging 14-50.18 NO participation (under 16). Intimidation to deter from gang withdrawal (injure a 14-50.19(a1) NO person). Punishment or retaliation for gang withdrawal (injure 14-50.20(a1) NO a person). Burning of certain public 14-59 YES buildings.

2019 Report of North Carolina Crimes | February 1, 2019 Page 53 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Burning of schoolhouses or buildings of educational 14-60 YES institutions. Burning of certain bridges 14-61 YES and buildings. Burning of certain 14-62 YES buildings. Embezzlement of state property by public officers and employees. (Amount 14-91 YES involved less than $100,000 Embezzlement of funds by public officers and 14-92 YES trustees. (Amount involved less than $100,000 Embezzlement of taxes by officers. (Amount involved 14-99 NO sentencing statute less than $100,000 Exploitation of an older adult or disabled adult (position of trust/funds, 14-112.2 NO Definition statute (exploitation) assets, or property involved valued at $100,000 or more). Financial identity fraud (victim suffers arrest, detention, or conviction, or person is in possession of 14-113.20, 113.22 YES identifying information of three or more separate persons). Interfering with gas, electric and steam appliances or meters; penalties (resulting in 14-151(d)(3) NO significant or public endangerment).

2019 Report of North Carolina Crimes | February 1, 2019 Page 54 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Cutting, mutilating, defacing, or otherwise injuring property to obtain 14-159.4(c)(1) NO Nonferrous metals (property damage $10,000 or more). Cutting, mutilating, defacing, or otherwise injuring property to obtain 14-159.4(c)(3) NO Nonferrous metals (person suffers a serious bodily injury). Incest. 14-178 NO Participating in 14-190.19 NO prostitution of a minor. Taking indecent liberties 14-202.1 YES with children. Patronizing a prostitute 14-205.2 YES (prostitute is a minor). Promoting prostitution. 14-205.3(a)(c) YES Failure to register; falsification of verification Notice; failure to return 14-208.11 YES verification form; order for arrest - Sex Offender Registration Program. Sexual predator prohibited from working or volunteering for child- 14-208.17 NO involved activities; limitation on residential use. Failure to enroll; tampering 14-208.44(a) NO with device (enroll). Perjury. 14-209 YES of officials. 14-217(a) NO “omission” constitutes a crime Offering bribes. 14-218 NO Bribery of jurors. 14-220 NO Breaking or entering jails with intent to injure 14-221 NO prisoners.

2019 Report of North Carolina Crimes | February 1, 2019 Page 55 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Conveying messages and weapons to or trading with convicts and other 14-258 NO prisoners resulting in murder, assault or escape. Possession of dangerous NO strict liability “have n weapon in prison resulting 14-258.2 possession” is enough in bodily injury or escape. Taking of hostage, etc., by 14-258.3 NO prisoner. Malicious conduct by 14-258.4 NO prisoner. Possess firearm on educational property or to a curricular or 14-269.2(b) YES extracurricular activity sponsored by a school (discharging a firearm). Stalking (second or 14-277.3A NO subsequent offense). Dumping of toxic 14-284.2 YES substances. Inciting to riot (property damage greater than 14-288.2(e) YES $1500 or serious bodily injury). Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or 14-288.8 NO acquisition of weapon of mass death and destruction. Assault on emergency personnel with a 14-288.9 NO definition statute dangerous weapon or substance. Manufacturing, trafficking in, transporting, or 14-329(b) NO possessing poisonous alcoholic beverages.

2019 Report of North Carolina Crimes | February 1, 2019 Page 56 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Distribution of certain food at Halloween and all other 14-401.11(b)(2) NO penalties statute times prohibited (any controlled substance). Solicit unlawful purchase of firearm (transfer of firearms or ammunition 14-408.1(b) YES under circumstances known to violate state or federal laws). Solicit unlawful purchase of firearm (provide dealer or seller with false 14-408.1(c) NO information with intent to deceive). Accessing government 14-454.1(a) YES computers. Damaging computers, computer programs, computer systems, 14-455(a1) YES computer networks, and resources. Unlawful for sex offender to drive commercial passenger vehicle or school 20-27.1 NO bus without appropriate commercial license or while disqualified. Habitual impaired driving. 20-138.5(b) NO Felony and misdemeanor death by vehicle; felony serious injury by vehicle; NO “unintentionally” is important aggravated offenses; 20-141.4(a3) to this section repeat felony death by vehicle (felony serious injury by vehicle). Duty to stop in event of accident or collision 20-166(a) YES (resulted in death or serious bodily injury).

2019 Report of North Carolina Crimes | February 1, 2019 Page 57 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Willful failure to pay group insurance premiums; willful termination of a group health plan; Notice to persons insured; 58-50-40(c)(1) NO penalty; restitution; examination of insurance transactions (value of losses suffered $100,000 or more). Infliction of serious bodily injury by operation of an 63-28 NO aircraft while impaired. Operating vessel or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; 75A-10(d) NO depositing or discharging litter, etc. (medical waste that creates substantial risk of physical injury). Death or serious injury by impaired boating; repeat 75A-10.3(b), (f)(4) YES offenses (serious injury by impaired boating). Penalties (Boat Safety Act). 75A-18(d)(2) (b)-(e) has been repealed False testimony as to any material fact by any person examined under the 75D-7 NO Racketeer Influenced and Corrupt Organizations Chapter. Discharging medical waste in Atlantic Ocean or waters 76-40(a1)(2) YES of state, creating substantial risk of injury. Possess an immediate precursor chemical with 90-95(d1)(2)a NO intent to manufacture methamphetamine.

2019 Report of North Carolina Crimes | February 1, 2019 Page 58 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Possess or distribute an immediate precursor chemical knowing it will be 90-95(d1)(2)b NO used to manufacture methamphetamine. Trafficking in marijuana (2,000 pounds or more, 90-95(h)(1)c NO less than 10,000 pounds). Trafficking in synthetic cannabinoid (1250 or more 90-95(h)(1a)c NO dosage units, less than 3750). Trafficking in methaqualone (5,000 or 90-95(h)(2)b NO more dosage units, less than 10,000). Trafficking in cocaine (200 grams or more, less than 90-95(h)(3)b NO 400 grams). Trafficking in methamphetamine (28 90-95(h)(3b)a NO grams or more, less than 200 grams). Trafficking in MDPV (28 grams or more, less than 90-95(h)(3d)a NO 200 grams). Trafficking in mephedrone (38 grams or more, less 90-95(h)(3e)a NO than 200 grams). Trafficking in opium or heroin (4 grams or more, 90-95(h)(4)a NO less than 14 grams). Trafficking in Lysergic Acid Diethylamide (500 or more 90-95(h)(4a)(b) NO dosage units, less than 1,000 dosage units). Trafficking in MDA/MDMA (500 or more dosage units, but less than 1000 dosage 90-95(h)(4b)b NO units/200 grams or more, less than 400 grams).

2019 Report of North Carolina Crimes | February 1, 2019 Page 59 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Penalties (contribution tax return preparer aids or assists in filing false or fraudulent return to evade 96-18(b1) NO unemployment insurance contributions and amount involved is less than $100,000). Penalties (income tax return preparer aids or assists in filing fraudulent 105-236(a)(9a)b NO returns and amount is less than $100,000). Penalties (identity theft and victim suffers adverse 105-236(a)(9b) YES financial impact). Unauthorized administration of 110-102.1A(c) NO medication (results in serious injury to the child). Bribing of legislators. 120-86 NO Financial interest of officers in sources of supply; acceptance of 143-63 NO bribes (Secretary of Administration, assistant, or A.B.C. member). Discharging medical waste in Atlantic Ocean or waters 143-214.2A(c)(2) YES of state, creating substantial risk of injury. Financial interest of officers in sources of “reserved for future codification supply; acceptance of 143B-1326 purposes” bribes (Department of Information Technology). Financial interest of officers in sources of 147-33.99 NO supply; acceptance of bribes.

2019 Report of North Carolina Crimes | February 1, 2019 Page 60 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Wrongful manufacture, distribution, or possession of software or hardware 10B-146(a) YES (creates, manufactures, distributes software). Sexual activity with a student (teacher, etc., who is at least 4 years older 14-27.32 NO than the victim). (Effective 12/1/99) Domestic abuse, neglect, and exploitation of disabled or elder adults 14-32.3(b) NO (neglect results in serious injury). Malicious use of explosive 14-49(b) NO or incendiary. Intimidation to deter from gang withdrawal 14-50.19(a) NO (communicate threat of injury, damage property). Punishment or retaliation for gang withdrawal 14-50.20(a) NO (communicate threat of injury, damage property). Burglary in the 2nd degree. 14-51 NO Breaking or entering a building that is a place of 14-54.1 NO “wrongfully” religious worship. Arson in the 2nd degree. 14-58 NO Making a false report concerning destructive device in a public building 14-69.1(c) YES (second conviction within five years). Perpetrating hoax by use of false bomb or other device in a public building 14-69.2(c) NO (second conviction within five years). Chop shop activity. 14-72.7 NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 61 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Organized retail theft (conspires with another to commit theft of retail 14-86.6(a1)(1) NO property with a value exceeding $20,000). Organized retail theft (conspires with another to commit theft of retail property with a value 14-86.6(a1)(2) NO exceeding $20,000; defendant is the organizer). Common law robbery. 14-87.1 YES Exploitation of an older adult or disabled adult (position of trust/funds, assets, or property 14-112.2(d)(2) NO involved valued at $20,000 or more but less than $100,000). Exploitation of an older adult or disabled adult (lacks capacity to 14-112.2(e)(1) NO consent/funds, assets, or property involved valued at $100,000 or more). Making, distributing, possessing, transferring, or programming device for 14-113.5 YES theft of telecommunication service (5 or more devices). Financial identity fraud. 14-113.20, -113.22 YES Forgery of Notes, checks, and other securities; counterfeiting of 14-119(b) NO instruments (five or more instruments).

2019 Report of North Carolina Crimes | February 1, 2019 Page 62 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Domestic criminal trespass (on property operated as a safe house or haven for victims of domestic 14-134.3(b) NO violence and the person is armed with a deadly weapon). Solicitation of child by computer or certain other electronic devices to 14-202.3(c)(2) NO commit an unlawful sex act (actual appearance at the meeting location). Solicitation of prostitution 14-205.1 NO (prostitute is a minor). Patronizing a prostitute (second or subsequent 14-205.2 NO offense). Residential restrictions 14-208.16 NO (registered sex offenders). Intimidating or interfering 14-226 NO with witnesses. Possess explosive on 14-269.2(b1) NO mere possession educational property. Aid minor to possess explosive on educational 14-269.2(c1) NO mere possession property. Manufacture, sale, etc., of slot machines and devices 14-304, -309(a) NO (third offense). Agreements with reference to slot machines or devices 14-305. -309(a) NO made unlawful (third offense). Types of machines and devices prohibited by law; 14-306.1A, -309(a) NO penalties (video gaming machines - third offense). Types of machines and devices prohibited by law; penalties (video gaming 14-306.1A, -309(b) NO machines - five or more machines).

2019 Report of North Carolina Crimes | February 1, 2019 Page 63 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Certain game promotions unlawful (server-based 14-306.3, -309(a) NO electronic game promotion - third offense). Types of machines and devices prohibited by law; penalties (server-based 14-306.3, -309(c) NO electronic game promotion - five or more machines). Electronic machines and devices for sweepstakes 14-306.4 NO definition section prohibited (third offense). Child abuse a felony (willful act or grossly negligent omission which shows a reckless disregard for 14-318.4(a5) YES human life and results in serious physical injury to the child). Prohibit unlawful transfer of custody of minor child (resulting in serious 14-321.2(d) NO physical injury to the child). Contaminate food or drink to render one mentally incapacitated or physically helpless (with the intent to 14-401.16 YES commit second degree rape or second degree sexual offense). Possession of firearms, 14-415.1 NO etc., by felon prohibited. Accessing computers. 14-454(a) YES Damaging computers, computer systems, 14-455 YES computer networks, and resources. Interception and disclosure of wire, oral, or electronic 15A-287(e) YES communications prohibited. Sale of Schedule I or II 90-95(b)(1) NO Controlled Substance.

2019 Report of North Carolina Crimes | February 1, 2019 Page 64 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Trafficking in marijuana (50 pounds or more, less than 90-95(h)(1)b NO 2,000 pounds). Trafficking in synthetic cannabinoid (at least 250, 90-95(h)(1a)b NO less than 1250 dosage units). Trafficking in methaqualone (1,000 or 90-95(h)(2)a NO more dosage units, less than 5,000). Trafficking in cocaine (28 grams or more, less than 90-95(h)(3)a NO 200 grams). Trafficking in amphetamine (200 grams or more, less 90-95(h)(3c)b NO than 400 grams). Trafficking in Lysergic Acid Diethylamide (100 or more 90-95(h)(4a)a NO dosage units, less than 500 dosage units). Trafficking in MDA/MDMA (100 or more dosage units, but less than 500 dosage 90-95(h)(4b)a NO units/28 grams or more, less than 200 grams). Participating in a drug 90-95.7 NO violation by a minor. Prohibited acts, penalties (employee embezzlement 90-108(b)(2) NO of controlled substance). Penalties; situs of violations; penalty 105-236(a)(9b) YES disposition (identity theft). Voting systems: requirements for voting systems vendors; penalties 163-165.9A NO (willful violation of subsection (a)). Unclassified misdemeanor which is infamous, done in secrecy and malice, or with 14-3(b) YES deceit and intent to defraud.

2019 Report of North Carolina Crimes | February 1, 2019 Page 65 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Class 1 misdemeanor offense committed because of the victim's 14-3(c) NO race, color, religion, nationality, or country of origin. Continuing criminal 14-7.20 NO enterprise. Activities aimed at overthrow of government; 14-11 NO Use of public buildings (second offense). Certain subversive 14-12.1 NO activities made unlawful. Placing burning/flaming cross on property of another or on public street 14-12.12(b), -12.15 NO or highway or on any public place. Placing exhibit with of intimidating, 14-12.13, -12.15 NO etc., another. Placing exhibit while wearing mask, hood, or 14-12.14, -12.15 NO other disguise. Patient abuse and neglect; 14-32.2(b)(4) NO punishments. Domestic abuse, neglect, and exploitation of 14-32.3(a) YES disabled or elder adults (abuse results in injury). Domestic abuse, neglect, and exploitation of 14-32.3(c) Repealed disabled or elder adults. Assault inflicting serious bodily injury; 14-32.4(b) NO strangulation; penalties. Habitual misdemeanor 14-33.2 NO assault.

2019 Report of North Carolina Crimes | February 1, 2019 Page 66 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Assault or affray on a firefighter, emergency medical technician, medical responder, emergency department 14-34.6(b) NO nurse, and hospital personnel (inflicting serious bodily injury or using a NOn-firearm deadly weapon). Using drugs or instruments 14-44 YES to destroy unborn child. Pattern of criminal street gang activity (conduct or 14-50.16(a)(1) Repealed participate). Pattern of criminal street gang activity (acquire or maintain interest in, or 14-50.16(a)(2) Repealed control of, any real or personal property). Soliciting; encouraging 14-50.17 NO participation (16 or older). Breaking or entering 14-54(a) NO buildings. Breaking or entering buildings (intent to 14-54(a1) NO terrorize or injure). Burning of building or structure in process of 14-62.1 YES construction. Burning of boats and 14-63 YES barges. Burning of ginhouses and 14-64 YES tobacco houses. Fraudulently setting fire to 14-65 YES dwelling houses. Burning of personal 14-66 YES property. Burning other buildings. 14-67.1 YES Making a false report concerning destructive 14-69.1(a) YES device.

2019 Report of North Carolina Crimes | February 1, 2019 Page 67 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Making a false report concerning destructive 14-69.1(c) YES device in a public building. Perpetrating hoax by use of false bomb or other 14-69.2(a) NO device. Perpetrating hoax by use of false bomb or other 14-69.2(c) NO device in a public building. Receiving stolen goods; receiving or possessing 14-71 NO goods represented as stolen. Possessing stolen goods. 14-71.1 NO Larceny of property (worth 14-72 NO more than $1,000). Receiving stolen goods or possessing stolen goods 14-72.1 YES (worth more than $1,000). Larceny from the person; receiving or possessing 14-72(b)(1) NO stolen goods from the person. Larceny pursuant to burglary, breaking or entering, or burglary with 14-72(b)(2) NO explosives; receiving or possessing stolen goods pursuant to these offenses. Larceny of explosive or incendiary device or substance; receiving or 14-72(b)(3) NO possessing stolen explosive or incendiary device or substance. Larceny of firearm; receiving or possessing 14-72(b)(4) NO stolen firearm. Larceny of record or paper in the custody of the N.C. State Archives; receiving or 14-72(b)(5) NO possessing stolen record or paper. Habitual larceny. 14-72(b)(6) NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 68 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Chop shop activity (knowingly alter, etc., any motor vehicle or part 14-72.7(a)(1) NO knowing it to be illegally obtained). Chop shop activity (knowingly permit a place that he owns to be used 14-72.7(a)(2) NO for activities in violation of 14-72.7). Chop shop activity (purchase, etc., a motor vehicle or motor vehicle part knowing the vehicle 14-72.7(a)(3) NO identification number or part number has been altered, etc.,). Chop shop activity (purchase, etc., a motor vehicle or motor vehicle 14-72.7(a)(4) NO part from a person engaged in any activity prohibited by 14-72.7). Larceny from a merchant (exiting through marked emergency door with 14-72.11(1) NO property worth more than $200). Larceny from a merchant (removing, etc., 14-72.11(2) NO antishoplifting device). Larceny from a merchant (affixing a fraudulent 14-72.11(3) NO product code). Larceny from a merchant (infant formula worth 14-72.11(4) NO more than $100). Larceny from a merchant (exchanging property for cash, gift card, or other 14-72.11(5) NO item of value, knowing/believing it to be stolen).

2019 Report of North Carolina Crimes | February 1, 2019 Page 69 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Larceny by servants and other employees. (Amount 14-74 NO involved less than $100,000) Larceny of chose in action. 14-75 NO “feloniously steal” Larceny of secret technical 14-75.1 NO processes. Larceny of ungathered 14-78 NO crops. Larceny of ginseng. 14-79 NO Larceny of pine straw. 14-79.1 NO Waste kitchen grease; unlawful acts and penalties (take container or grease 14-79.2(a)(1), (b)(2) NO , NO contained therein worth more than $1,000). Waste kitchen grease; unlawful acts and penalties (intentionally contaminate 14-79.2(a)(2), (b)(2) NO , NO or damage container or grease contained therein worth more than $1,000). Waste kitchen grease; unlawful acts and penalties (label another’s container 14-79.2(a)(3), (b)(2) NO , NO worth more than $1,000 in order to claim ownership). Larceny of horses, mules, 14-81(a) NO swine, or cattle. Pursuing livestock with 14-85 YES intent to steal. Organized retail theft. 14-86.6 NO Embezzlement of property received by virtue of office or employment. (Amount 14-90 YES involved less than $100,000) Embezzlement by treasurers of charitable and religious organizations. 14-93 NO (Amount involved less than $100,000)

2019 Report of North Carolina Crimes | February 1, 2019 Page 70 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Embezzlement by officers of railroad companies. 14-94 NO (Amount involved less than $100,000 Appropriation of partnership funds by partner to personal use. 14-97 NO (Amount involved less than $100,000) Embezzlement by surviving partner. (Amount involved 14-98 YES less than $100,000) Obtaining property by false pretenses. (Amount 14-100 YES involved less than $100,000) Obtaining signatures by 14-101 NO false pretenses. Exploitation of an older adult or disabled adult (position of trust/funds, 14-112.2(d)(3) NO assets, or property involved valued at less than $20,000). Exploitation of an older adult or disabled adult (lacks capacity to consent/funds, assets, or 14-112.2(e)(2) NO property involved valued at $20,000 or more but less than $100,000). Prohibition of falsely obtaining, selling, or 14-113.31 NO soliciting telephone records. Possession, transfer, or use of automated sales 14-118.7 NO suppression device. Penalty for violation of Article (Residential 14-118.15(a) NO Mortgage Fraud Act - single mortgage loan). Selling of certain forged 14-121 NO securities.

2019 Report of North Carolina Crimes | February 1, 2019 Page 71 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Forgery of deeds, wills, and 14-122 YES certain other instruments. Graffiti (third or 14-127.1(c) NO subsequent violation). Felony taking of Venus 14-129.3 NO flytrap. Cutting, injuring, or removing another’s timber 14-135 YES (value of timber more than $1,000). Desecrating, plowing over or covering up graves; 14-149(a1) YES desecrating human remains. Interfering with gas, electric and steam appliance or meters; 14-151(d)(2) NO penalties (second or subsequent violation). Cutting, mutilating, defacing, or otherwise injuring property to obtain Nonferrous metals 14-159.4(c)(1) NO (property damage $1,000 or more but less than $10,000). First degree trespass (the person climbed over a barrier or entered a building on the premises of 14-159.12(d)(1) NO a utility facility with the intent to disrupt the Normal operations). First degree trespass (the person climbed over a barrier or entered a building on the premises of 14-159.12(d)(2) NO a utility facility and the act places someone at risk of serious bodily injury).

2019 Report of North Carolina Crimes | February 1, 2019 Page 72 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Alteration, destruction, or removal of serial number from firearm; possession of 14-160.2 NO firearm with serial number removed. Assaulting a law enforcement agency animal, an assistance 14-163.1(a1) YES animal, or a search and rescue animal (willfully killing the animal). Failure to return hired property (rental car valued 14-167 NO at more than $4,000). Conversion by bailee, lessee, tenant, or attorney- 14-168.1 NO in-fact for more than $400.00. Disclosure of private images (offender 18 years 14-190.5A(c)(1) NO or older). Disclosure of private images. (Second or 14-190.5A(c)(3) NO subsequent offense, offender less than 18). Indecent exposure. 14-190.9(a1) YES 3rd degree sexual 14-190.17A NO exploitation of a minor. Secretly peeping into room occupied by another person (disseminating 14-202(h) YES images obtained in violation of 14-202). Solicitation of child by computer or certain other electronic devices to 14-202.3(c)(1) NO commit an unlawful sex act. Solicitation of prostitution (second or subsequent 14-205.1 YES offense). Sex offender unlawfully on 14-208.18 YES premises.

2019 Report of North Carolina Crimes | February 1, 2019 Page 73 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Altering court documents or entering unauthorized 14-221.2 YES judgments. False reports to law enforcement agencies or officers (involving the 14-225(b) NO disappearance of a child or child victim of a Class A, B1, B2, or C offense). Harassment of and communication with 14-225.2(a)(1) NO jurors. Malfeasance of corporation officers and 14-254 YES agents. Prison breach and escape from county or municipal 14-256 NO confinement facilities or officers Escape from private 14-256.1 NO correctional facility. Conveying messages and weapons to or trading with 14-258 NO convicts and other prisoners. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local 14-258.1(a) NO confinement facilities; furnishing tobacco products or mobile phones to inmates or delinquent juveniles (deadly weapon, cartridges, controlled substances, poison).

2019 Report of North Carolina Crimes | February 1, 2019 Page 74 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities; 14-258.1(d) YES furnishing tobacco products or mobile phones to inmates or delinquent juveniles (mobile telephone or other wireless communications device, or component, to an inmate or delinquent juvenile). Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities; 14-258.1(f) NO furnishing tobacco products or mobile phones to inmates or delinquent juveniles (inmate possesses a mobile telephone or other wireless communication devices or components thereof). Possession of dangerous 14-258.2 NO weapon in prison. Assisting a prisoner in attempting to escape and committing an assault 14-258.2(b) NO resulting in bodily injury or effecting the escape.

2019 Report of North Carolina Crimes | February 1, 2019 Page 75 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Carrying concealed weapons (pistol or gun) 14-269(c) NO (second or subsequent offense). Purchase or possession of firearms by person subject 14-269.8 NO to order prohibited. Impersonation of a law- enforcement or other 14-277(b)(5) NO public officer. Stalking (when there is a 14-277.3A NO court order in effect). Making a false report concerning mass violence 14-277.5 NO definition statute on educational property. Use of a laser device 14-280.2 YES towards an aircraft. Interference with manned aircraft by unmanned 14-280.3 YES aircraft systems. Riot (property damage greater than $1500 or 14-288.2(c) YES serious bodily injury). Disorderly conduct (military funeral or 14-288.4(a)(8), (c)(3) NO , NO memorial service) (third offense). Looting. 14-288.6(b) NO Training on certain weapons for use in a civil 14-288.20(b) NO disorder. Pyramid and chain 14-291.2 NO schemes prohibited. Manufacture, sale, etc., of slot machines and devices 14-304, -309(a) NO , NO (second offense). Agreements with reference to slot machines or devices 14-305, -309(a) NO , NO made unlawful (second offense).

2019 Report of North Carolina Crimes | February 1, 2019 Page 76 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Types of machines and devices prohibited by law; penalties (video gaming 14-306.1A, -309(a) NO , NO machines - second offense). Certain game promotions unlawful (server-based 14-306.3, -309(a) NO , NO electronic game promotion - second offense). Electronic machines and devices for sweepstakes 14-306.4 NO prohibited (second offense). Selling or giving weapons 14-315(a1) NO to minors. Prohibit baby sitting service by sex offender or 14-321.1 NO in the home of a sex offender. Second offense Manufacturing, trafficking in, transporting, or 14-329(a) NO possessing poisonous alcoholic beverages. (maliciously kill by 14-360(a1) YES intentional deprivation of necessary sustenance). Cruelty to animals (maliciously , mutilate, maim, cruelly 14-360(b) NO beat, disfigure, poison, or kill). Dog fighting and baiting. 14-362.2 NO Altering the brands of and misbranding another's 14-367 YES livestock (Larceny). Theft or destruction of property of public libraries, 14-398 YES museums, etc. worth more than $50.

2019 Report of North Carolina Crimes | February 1, 2019 Page 77 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Distribution of certain food at Halloween and all other times prohibited (greater 14-401.11(b)(1)b NO than mild physical discomfort without any lasting effect). Telephone sales recovery services (if any 14-401.15 NO money/other consideration is collected). Contaminate food or drink to render one mentally 14-401.16 YES incapacitated or physically helpless. Concealment of death; disturbing human remains; dismembering human 14-401.22(a1) NO remains (conceal death by failure to Notify law enforcement; child death). Concealment of death; disturbing human remains; dismembering human 14-401.22(d) YES remains (conceal death by dismembering or destroying remains). Possession of a firearm or weapon of mass destruction by persons acquitted of certain crimes 14-415.3 NO by reason of insanity or persons determined to be incapable to proceed prohibited. Accessing government 14-454.1(b) YES computers. Denial of government computer services to an 14-456.1 YES authorized user. (maliciously threatens to commit an act 14-457 NO described in G.S. 14-455).

2019 Report of North Carolina Crimes | February 1, 2019 Page 78 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Preservation of biological evidence (first degree 15A-268(i)(2) NO murder). Interception and disclosure of wire, oral, or electronic 15A-287(a) NO communications prohibited. Manufacture, distribution, possession, and advertising of wire, oral, or electronic 15A-288 NO communication intercepting devices prohibited. Use of an unmanned aircraft system near a confinement or correctional facility prohibited (delivers or 15A-300.3(c)(1) NO attempts to deliver a weapon to local confinement facility/State/federal correctional facility) Disclosure of evidence by the State – Information subject to disclosure 15A-903(d) YES (willful omission or misrepresentation of information requested). Manufacturer’s certificate of transfer of new motor 20-52.1(d) NO vehicle. Perfection by indication of security interest on 20-58(b) NO certificate of title. Transfer by owner (filing false sworn certification as 20-72(b) NO to unavailability of certificate of title). Receiving or transferring 20-106 NO stolen vehicles.

2019 Report of North Carolina Crimes | February 1, 2019 Page 79 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Speeding to elude arrest; forfeiture of vehicle (two 20-141.5 NO or more aggravating factors present). Speeding to elude arrest (violation of subsection (a) 20-141.5(b1) NO is proximate cause of death). Duty to stop in event of accident or collision 20-166(a1) NO (resulted in injury). Duty of passenger to remain at the scene of an 20-166.2 NO accident. Motor vehicles to stop for properly marked and designated school buses in 20-217(g) YES certain instances; evidence of identity of driver (strike person resulting in death). Embezzlement of closing funds by settlement agent 45A-8 NO (amount involved less than $100,000). Unlawful payments related to adoption (second 48-10-102 NO offense). Surrender and disposal of firearms; violations; 50B-3.1(j) NO exemptions. Violation of valid protective order (with two 50B-4.1(f) NO prior convictions under Chapter 50B). Violation of valid protective order (fail to stay away from a place or 50B-4.1(g) NO person while in possession of a deadly weapon). Violation of valid protective order (enter 50B-4.1(g1) NO property operated as a safe house or haven).

2019 Report of North Carolina Crimes | February 1, 2019 Page 80 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Examiner making false 53-124 Repealed report. Misapplication of bank funds by officer or employee. (Amount 53-129 Repealed involved less than $100,000 Making false entries in banking accounts; 53-130 Repealed misrepresenting assets and liabilities of banks. Certain criminal offenses 53-355 NO (Trust companies). Examiner making false 53C-8-7 YES report. Misapplication, 53C-8-11 NO embezzlement of funds. False statement to procure or deny benefit of 58-2-161 NO insurance policy or certificate. Embezzlement by insurance agents, brokers, or administrators. (Amount 58-2-162 NO involved less than $100,000) Rate evasion fraud; prevention programs (one or more vehicles the 58-2-164(b1) NO operation of which requires a Commercial Drivers License). Unauthorized insurers; 58-28-45(a), (b), (c), and (k) NO , NO , NO , NO prohibited acts. Duty to report insurer impairment; violations; 58-30-12(c) YES penalties. Agents personally liable; representing unlicensed 58-33-95(a)(3) NO company prohibited; penalty.

2019 Report of North Carolina Crimes | February 1, 2019 Page 81 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Willful failure to pay group insurance premiums; willful termination of a group health plan; Notice to persons insured; 58-50-40(c)(2) NO penalty; restitution; examination of insurance transactions. (Value of losses suffered less than $100,000) Bondsman access to criminal court records (improper use of access to 58-71-200(h) YES or information obtained from AOC systems). Fraudulent viatical settlement acts, interference, and 59-58-265 NO participation of convicted felons prohibited. Criminal penalty (Professional Employer 58-89-175 NO Organization Act). Embezzlement of C.O.D. 62-273 NO shipments. Taking of aircraft made crime of larceny (intent to 63-25 NO deprive). Penalties (knowingly acquire human skeletal remains removed from 70-40 NO unmarked burials in North Carolina). Combinations in restraint 75-1 NO of trade illegal. Criminal penalties (violations of 78A-8, -11, - 13, or -14 (Securities Act)). 78A-57(a2) YES (Resulting loss is less than $100,000 Criminal penalties (violations of 78A-9 78A-57(a3) YES (Securities Act)).

2019 Report of North Carolina Crimes | February 1, 2019 Page 82 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Criminal penalties (violations of 78A-12 78A-57(a4) YES (Securities Act)). Obstruction of 78A-58 YES investigation. Criminal penalties (violations of 78C-8(a)(1), 78C-39(a2) YES (a)(2), or (b) (Investment Advisors)). Criminal penalties (violations of 78C-9 78C-39(a3) YES (Investment Advisors)). Criminal penalties 78C-39(a4) YES (interfering with audit). Criminal penalties (Commodities). (Was Class 78D-24 YES I; Resulting loss is less than $100,000 Criminal use of counterfeit trademark (value more 80-11.1(b) YES than $10,000). Criminal use of counterfeit 80-11.1(c) YES trademark device. Possession of a controlled substance on the premises 90-95(e)(9) NO of a penal institution or local confinement facility. Trafficking in marijuana (more than 10 pounds, less 90-95(h)(1)a NO than 50 pounds). Trafficking in synthetic cannabinoids (at least 50, 90-95(h)(1a)a NO less than 250 dosage units). Trafficking in amphetamine (28 grams or more, less 90-95(h)(3c)a NO than 200 grams). Embezzlement of funeral 90-210.70(a) YES funds, penalties. Penalties (fraud concerning unemployment insurance 96-18(b1) NO contributions).

2019 Report of North Carolina Crimes | February 1, 2019 Page 83 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Penalty for fraud (obtain/deny workers’ 97-88.2(a) YES compensation). Penalty for fraud (agree to accept/forgo workers’ 97-88.2(c) NO compensation). Employers required to give proof . . . criminal penalties for failure to secure 97-94(c) NO payment of compensation (employer willfully fails to secure compensation). Employers required to give proof . . . criminal penalties for failure to secure payment of compensation 97-94(d) NO (person with authority willfully fails to bring the employer in compliance). Penalties (attempt to 105-236(7) YES evade or defeat tax). Penalties (aid or assist in 106-236(9a)c NO filing fraudulent returns). Denial, revocation, and suspension of license; 106-145.6 NO penalties for violations. Damaging dipping vats a 106-363 YES felony. Propagation and production of American alligators (possession of 106-763.1 NO untagged/undocumented alligator). Illegal purchase or sale of 108A-53.1(a) YES food stamps. Illegal use or transfer of food stamps (value equals 108A-53.1(b) YES or exceeds $1000). Protection of patient property (Medical Assistance Program; 108A-60 YES willfully embezzle, convert, appropriate).

2019 Report of North Carolina Crimes | February 1, 2019 Page 84 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Medical assistance 108A-63(e) YES provider fraud. Criminal penalty (second conviction of Class 1 110-103(d) NO misdemeanor). Violation of Article; enforcement (Chapter 130A-310.55(a)(1) and (2) YES 130A, Article 9, Solid Waste Management). Sale or purchase of body 130A-412.18 NO parts prohibited. Other prohibited acts. 130A-412.19 NO Government ; violations of G.S. 75-1 and 133-24 NO 75-2. Conviction; punishment 133-25 NO (violation of G.S. 133-24). Malfeasance of officers and employees of Department of 136-13 NO Transportation, members of Board of Transportation, contractors, and others. Falsifying highway 136-13.2 YES inspection reports. Members Not eligible for other employment with Department; NO sales to Department by employees; 136-14(a)-(d) NO members Not to sell or trade property with Department; profiting from official position. Members Not eligible for other employment with Department; NO sales to Department by employees; 136-14(e) NO members Not to sell or trade property with Department; profiting from official position.

2019 Report of North Carolina Crimes | February 1, 2019 Page 85 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Members Not eligible for other employment with Department; NO sales to Department by employees; 136-14(g) NO members Not to sell or trade property with Department; profiting from official position. Decennial review of metropolitan planning organization boundaries, structure, and governance 136-200.2(j) NO (knowingly providing false information on required filing). Department authorized to establish Rural Transportation Planning 136-211(j) NO Organizations (knowingly providing false information on required filing). Penalty for False 138A-27 NO information. Enforcement procedures: criminal penalties (Air 143-215.114B(g) YES Pollution Control). Escaping or attempting escape from state prison 148-45(b) NO system. Inflicting or assisting in infliction of self-injury to 148-46.1 YES prisoner resulting in incapacity to perform. False statements to the 7A-456(a) NO question of indigency. Notary taking acknowledgment or performing verification 10A-12(c) Repealed knowing it is false or fraudulent.

2019 Report of North Carolina Crimes | February 1, 2019 Page 86 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Enforcement and penalties (verification, proof, or acknowledgment knowing 10B-60(d) YES it is false or fraudulent or with intent to commit fraud). Enforcement and penalties (perform Notarial acts 10B-60(e) NO without commission). Enforcement and penalties (obtain, use, conceal, deface, or destroy seal or 10B-60(f) NO Notarial records without permission). Wrongful manufacture, distribution, or possession of software or hardware (wrongfully obtains, 10B-146(b) YES conceals, damages, or destroys the certificate, etc.). Counterfeiting coin and uttering coin that is 14-13 YES counterfeit. Possessing tools for 14-14 NO counterfeiting. Assault on executive, 14-16.6(a) NO legislative, or court officer. Threats against executive, legislative, or court 14-16.7(a) YES officers. Threats against executive, legislative, or court officers 14-16.7(b) YES by mail. Sexual activity with a 14-27.32(b) NO student. Domestic abuse, neglect, and exploitation of 14-32.3(b) NO disabled or elder adults (neglect results in injury).

2019 Report of North Carolina Crimes | February 1, 2019 Page 87 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Assault or affray on a firefighter, an emergency medical technician, medical responder, 14-34.6(a) NO emergency department nurse, and hospital personnel (causing physical injury). Certain assaults on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or 14-34.7(c) NO on a person employed at a State or local detention facility (inflicts physical injury). Using drugs or instruments to produce miscarriage or 14-45 YES injure pregnant woman. Concealing birth of child. 14-46 NO Prohibit sale of the remains of an unborn child 14-46.1 NO resulting from an abortion or miscarriage. Preparation to commit burglary or other 14-55 NO housebreakings. Breaking or entering into/out of railroad cars, 14-56 NO motor vehicles, trailers, etc. Breaking into or forcibly opening coin- or currency- 14-56.1 NO operated machines (second offense). Breaking into paper currency machines (second 14-56.3 NO offense). Preparation to commit breaking or entering into 14-56.4 NO motor vehicles (second offense).

2019 Report of North Carolina Crimes | February 1, 2019 Page 88 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Felonious larceny, possession, or receiving of stolen goods from a 14-72.6 NO permitted construction site. Felony larceny of motor 14-72.8 NO vehicle parts. Larceny of dogs. 14-81(a1) NO Safecracking. 14-89.1 NO Worthless checks; multiple presentment of checks 14-107 YES (amount more than $2,000). Exploitation of an older adult or disabled adult (lacks capacity to 14-112.2(e)(3) NO consent/funds, assets, or property involved valued at less than $20,000). Financial transaction card 14-113.9, -113.17(b) NO , NO theft. Forgery of financial 14-113.11, -113.17(b) NO , NO transaction card. Financial transaction card 14-113.13(a), (b), -113.17(b) NO , NO fraud (value over $500.00). Criminal possession of financial transaction card 14-113.14, -113.17(b) NO , NO forgery devices. Criminal receipt of goods and services fraudulently 14-113.15, -113.17(b) NO , NO obtained (worth more than $500.00). Criminal factoring of financial transaction card 14-113.15A, - 113.17(b) NO , NO records. Simulation of court process in connection with 14-118.1 NO collection of claim, demand or account. Filing false lien or encumbrance (against public employee on 14-118.6 NO account of performance of official duties).

2019 Report of North Carolina Crimes | February 1, 2019 Page 89 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Forgery of Notes, checks, and other securities; 14-119(a) NO counterfeiting of instruments. Uttering forged paper or instrument containing a 14-120 NO forged endorsement. Forging names to petitions and uttering forged 14-123 YES petitions. Forging certificate of corporate stock and 14-124 NO uttering forged certificates. Forgery of bank Notes and other instruments by 14-125 NO connecting genuine parts. Intentionally setting fire to grass and brushlands and 14-136 YES woodlands. Burning or otherwise destroying crops in the 14-141 YES field (if damage caused is more than $2,000). Injuring houses, churches, fences and walls (if 14-144 YES damage caused is more than $5,000). Defacing or desecrating grave sites (if damage 14-148 YES caused is $1,000 or more). Desecrating, plowing over or covering up graves; 14-149 YES desecrating human remains. Injuring wire and other fixtures of telephone, 14-154 YES telegraph, and electric- power companies. Interference with animal research (if the animal 14-159.2(c) NO released has an infectious disease).

2019 Report of North Carolina Crimes | February 1, 2019 Page 90 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present First degree trespass (reentered after having previously been removed pursuant to execution of valid order or writ for possession; under color of 14-159.12(f) NO title where person has knowingly created or provided materially false evidence of ownership or possessory interest). Poisoning livestock. 14-163 YES Assaulting a law enforcement agency animal, an assistance 14-163.1 NO animal, or a search and rescue animal (causing serious physical harm). Crime against nature. 14-177 NO Bigamy. 14-183 NO Obscene literature and 14-190.1 NO exhibitions. Employing or permitting minor to assist in 14-190.6 YES offense. Dissemination to minors 14-190.7 YES under the age of 16 years. Dissemination to minors 14-190.8 YES under the age of 13 years. Secretly peeping into room occupied by another person (using any device to 14-202(d) NO create a photographic image). Secretly peeping into room occupied by another person (using a device to 14-202(e) NO create a photographic image underneath or through clothing).

2019 Report of North Carolina Crimes | February 1, 2019 Page 91 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Secretly peeping into room occupied by another person (secretly or 14-202(f) NO surreptitiously use or install a device to create a photographic image). Secretly peeping into room occupied by another person (possess a 14-202(g) YES photographic image obtained in violation of 14- 202). Taking indecent liberties with a student (at least 4 14-202.4(a) NO years older than the victim). Taking indecent liberties with a student (less than 4 14-202.4(b) NO years older than the victim). Ban use of commercial social networking Web 14-202.5 YES sites by sex offenders. Subornation of perjury. 14-210 NO Perjury before legislative 14-211 YES committees. Altering, destroying, or stealing evidence of 14-221.1 NO criminal conduct. Harassment of and communication with 14-225.2(a)(2) NO jurors. Buying and selling offices. 14-228 NO Making of false report by bank examiners; Accepting 14-233 YES bribes. Failure of certain railroad officers to account with 14-253 NO successors. Harboring or aiding certain persons charged or 14-259 YES convicted of a felony.

2019 Report of North Carolina Crimes | February 1, 2019 Page 92 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Possess firearm on educational property or to a curricular or 14-269.2(b) YES extracurricular activity sponsored by a school. Aid minor to possess firearm on educational property or to a curricular 14-269.2(c) NO or extracurricular activity sponsored by a school. Impersonation of a law- enforcement or other 14-277(a)(4) NO public officer. Obstruction of health care facilities (third conviction 14-277.4 NO within three years). Willful injury to property of 14-278 YES railroads. Shooting or throwing at 14-280 YES trains or passengers. Displaying false lights on 14-282 NO seashore. Disorderly conduct (military funeral or 14-288.4(a)(8), (c)(2) NO ,NO memorial service) (second offense). Assault on emergency personnel (causing physical 14-288.9(c) NO injury). Bingo. 14-309.5(b) NO Beach bingo (with a prize 14-309.14 NO of $50.00 or greater). Failure to report the disappearance of a child to law enforcement; 14-318.5 NO immunity of person reporting in good faith. Transporting child outside the state with intent to 14-320.1 NO violate custody order. Cruelty to animals 14-360(b) NO (maliciously torturing). Cockfighting. 14-362 YES

2019 Report of North Carolina Crimes | February 1, 2019 Page 93 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Animal fights, other than cock fights, and animal 14-362.1(d) NO baiting (second offense). Bribery of players, managers, coaches, 14-373 NO referees, umpires, or officials. Acceptance of bribes by players, managers, 14-374 NO coaches, referees, umpires, or officials. Intentional losing of athletic contest or limiting 14-377 YES margin of victory or defeat. Littering in an amount exceeding 500 pounds or 14-399(e) NO 100 cubic feet for commercial purposes. Distribution of certain food at Halloween and all other times prohibited (limited 14-401.11(b)(1)a NO to mild physical discomfort without any lasting effect). Filing false security 14-401.19 NO agreements. Defraud drug and alcohol screening tests; penalty 14-401.20 NO (second offense). Practicing “rebirthing technique”; penalty 14-401.21 NO (second offense). Concealment of death. 14-401.22(a) NO Disturbing human remains (disturb, vandalize, or 14-401.22(c)(i) NO desecrate human remains). Disturbing human remains (attempted or actual 14-401.22(c)(ii) NO sexual penetration of human remains). Machine guns and other 14-409.9 Repealed like weapons.

2019 Report of North Carolina Crimes | February 1, 2019 Page 94 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Recording of live performances or recorded sounds and distribution, etc., of such recordings unlawful in certain circumstances (at least 100 14-433, -437(a) YES unauth. articles during 180-day period or third conviction for offense involving at least 26 unauth. articles during 180-day period). Retailing, etc., of certain recorded devices unlawful (at least 100 unauth. articles during 180-day 14-434, -437(a) YES period or third conviction for offense involving at least 26 unauth. articles during 180-day period). Recorded devices to show true name and address of manufacturer (at least 100 unauth. articles during 180-day period or third 14-435, -437(a) YES conviction for offense involving at least 26 unauth. articles during 180-day period). Unlawful operation of an audiovisual recording 14-440.1(b) YES device. Computer trespass; penalty (damage valued at 14-458 NO $2,500 or more). Preservation of biological evidence (Noncapital 15A-268(i)(1) NO crime).

2019 Report of North Carolina Crimes | February 1, 2019 Page 95 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Use of an unmanned aircraft system near a confinement or correctional facility prohibited (delivers or 15A-300.3(c)(2) NO attempts to deliver contraband to local confinement facility/State/federal correctional facility) Failure to appear (if released in connection 15A-543(b) NO with a felony charge or conviction). Filing of false application for compensation award 15B-7 NO (more than $400.00). Direct shipments from out- of-state prohibited 18B-102.1 NO (alcohol). Unlawful manufacturing of alcoholic beverage (second 18B-307(c) NO offense). Violations of License or Learner's Permit provisions 20-30(7) NO (sell reproductions). Violations of License or Learner’s Permit provisions (use drivers license or 20-30(9) NO learner’s permit with false name in the commission of a felony). Making false affidavits perjury (Uniform Driver's 20-31 YES License Act). Unlawful to issue licenses for anything of value 20-34.1 NO except prescribed fees. Fraudulent use prohibited (use special identification 20-37.8 YES card with false name in commission of a felony).

2019 Report of North Carolina Crimes | February 1, 2019 Page 96 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Prohibit issuance or renewal of certain categories of commercial 20-37.14A(c) NO drivers licenses to sex offenders. Purchase of vehicles for purposes of scrap or parts 20-62.1 NO only. Altering or forging certificate of title, 20-71 NO registration card or application. Failure to disclose damage to a vehicle shall be a misdemeanor (remove 20-71.4(c) NO “TOTAL LOSS CLAIM VEHICLE” marker or rebuild without marker). Transporter plates. 20-79.2 NO Fraud in connection with 20-106.1 NO rental of motor vehicles. Sublease and loan assumption arranging 20-106.2(d) NO regulated. Altering or changing engine or other numbers 20-109(a) YES (willful). Altering or changing engine or other numbers 20-109(b) NO (intent to conceal). Making false affidavit perjury (Anti-theft 20-112 YES Provisions, Motor Vehicle Act of 1937). Smoke screens. 20-136 NO Approach of law enforcement, fire department or rescue 20-157(i) NO squad vehicles or ambulances; etc. (cause serious injury or death). Penalty for felony (Motor 20-177 NO Vehicle Act of 1937).

2019 Report of North Carolina Crimes | February 1, 2019 Page 97 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Infractions and criminal offenses for violations of 20-183.8(c) NO inspection requirements. Motor vehicles to stop for properly marked and designated school buses in 20-217(g) YES certain instances; evidence of identity of driver (strikes person). Making false affidavit perjury (Motor Vehicle 20-279.31(c1) YES Safety and Financial Responsibility Act of 1953). Unlawful change of 20-343, -350 NO mileage. Criminal offense (unlawful 20-350 NO change of mileage). Issuing false bills or violating Chapter made 21-42 YES felony. False taking of debtor's 23-43 NO oath. NO docketing of lien unless 44A-12.1(c) NO authorized by statute. False certification of a 53-131 NO check. Receiving deposits in 53-132 NO insolvent banks. License required; licensee 53-243.14 NO records. Criminal penalties (engage in check cashing business 53-287 NO without license). Punishment for making false statement in financial 58-2-180 YES or other statement. Maintenance and removal 58-7-50 NO of records and assets. Mutual insurance companies organized; requisites for doing 58-8-1 NO business (false oath in respect to certificate).

2019 Report of North Carolina Crimes | February 1, 2019 Page 98 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Sanctions (Insurance 58-19-50 NO Holding Companies). Violating 58-24-65: Consolidations and 58-24-180(d) NO mergers of fraternal benefit societies. False statement under oath in any verified report/declaration 58-24-180(e) NO required by law from fraternal benefit societies, perjury. Use of Nonoriginal crash 58-36-95 NO repair parts. Permit from Commissioner of Insurance; penalty for 58-70-1 NO violation; exception. Prohibited practices (bail bondsman fails to return 58-71-95(5) NO collateral security worth $1,500 or more). Monthly report required. 58-71-165(d) YES Operation of aircraft while impaired (second 63-27 NO conviction). Penalties (Cemeteries). 65-71 NO Dealing in regulated metals property; penalties 66-11 NO (second violation). Criminal penalty (Electronic Commerce in 66-58.8 YES Government). Bond and trust account 66-135 NO required. Violations (Credit Repair 66-225 NO Services Act). Certain sales prohibited 66-254.1 NO (third offense). Violations (Part 3. Regulation of Sales and 66-424 NO Purchases of Metals) (second violation).

2019 Report of North Carolina Crimes | February 1, 2019 Page 99 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Licenses required; violation (Locksmith Licensing Act) 74F-3 NO (second offense). False swearing by person responding to investigation 75-12 YES of trusts and monopolies. Criminal penalties 78A-57(a1) YES (Securities Act). Criminal penalties 78C-39(a1) YES (investment advisors). Criminal penalties (athlete 78C-99 NO agents). Criminal use of counterfeit trademark (value of more 80-11.1(b) YES than $3,000 up to $10,000). Unlawful practice 88A-4 NO (electrolysis license). Practicing without license; practicing defined; 90-18(a) NO penalties (out-of-state practitioner). Manufacture, deliver, or possess with intent to manufacture, sell or 90-95(b)(2) NO deliver, a Schedule III, IV, V, or VI Controlled Substance. Create, sell or deliver, or possess with intent to sell 90-95(c) NO or deliver, a counterfeit controlled substance. Possession of a Schedule I 90-95(d)(1) NO Controlled Substance. Possession of more than four dosage units of 90-95(d)(2) NO Hydromorphone. Possession of more than 100 dosage units of a 90-95(d)(4) NO Schedule II, III, or IV Controlled Substance.

2019 Report of North Carolina Crimes | February 1, 2019 Page 100 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Possession of any amount of Methamphetamine, Amphetamine, Cocaine or 90-95(e)(3) NO Phencyclidine or derivative thereof. Prohibited acts; penalties 90-108 NO (Controlled Substance Act). Manufacture or delivery of drug paraphernalia (from 90-113.23(c) NO person over 18 to person under 18). Pseudoephedrine; restrictions on sales 90-113.52(a) NO (offered for retail sale loose) (second offense). Pseudoephedrine; restrictions on sales (offered for retail sale by 90-113.52(b) NO self-service) (second offense). Pseudoephedrine; restrictions on sales (sold to person under 18) 90-113.52(c) NO (second offense for retailer; third offense for purchaser or employee). Pseudoephedrine; restrictions on sales (failure to maintain record 90-113.52(d) NO of disposition) (second offense). Penalties (willful and knowing violation of G.S. 90-113.52A, certain information to be submitted before purchase 90-113.56(a) YES of pseudoephedrine product, by retailer; second and subsequent offenses).

2019 Report of North Carolina Crimes | February 1, 2019 Page 101 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Penalties (willful and knowing violation of G.S. 90-113.52A, certain information to be submitted before purchase 90-113.56(b) YES of pseudoephedrine product, by purchaser or employee; third and subsequent offenses). Pseudoephedrine transaction limits (more than two packages containing more than six 90-113.53(a) NO grams)) (second offense for retailer; third offense for purchaser or employee). Pseudoephedrine transaction limits (more than three packages containing more than nine 90-113.53(b) NO grams within 30 days) (second offense for retailer; third offense for purchaser or employee). Posting of signs (second 90-113.54 NO offense). Registration required of time share projects; real 93A-40 NO estate salesmen license required. Registrar required; criminal penalties; project broker 93A-58 NO (real estate development). Withholding hazardous substance trade secret 95-197 NO information. Penalties (false statement to obtain unemployment 96-18(a) YES benefit worth more than $400). Sale of tubercular animal a 106-350 YES felony.

2019 Report of North Carolina Crimes | February 1, 2019 Page 102 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Issuance of false receipt a 106-443 NO felony; punishment. Inspection of establishment; bribery of 106-549.26 NO or malfeasance of inspector. Criminal penalties (manufacture, distribute, etc., or possess with intent to manufacture, distribute, 106-568.57(a) NO etc., marijuana on property used for industrial hemp production). Fraudulent misrepresentation (AFDC 108A-39(b) YES in amount of more than $400). Fraudulent misrepresentation (Food 108A-53(a) YES Stamp Program in amount more than $400). Illegal use or transfer of food stamps (value is at 108A-53.1(b) YES least $500 but less than $1,000). Medical assistance 108A-63 YES provider fraud. Medical assistance recipient fraud (value of 108A-64(c)(1) NO assistance is more than $400). Fraudulent misrepresentation (Health 108A-70.28 YES Insurance Program for Children). Criminal penalty (willfully violate provisions of Article 110-103(b) NO 7, Child Care Facilities). Fraudulent misrepresentation (value 110-107 NO of child care subsidy is more than $1,000).

2019 Report of North Carolina Crimes | February 1, 2019 Page 103 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Taking polluted shellfish at night or with prior 113-209 YES conviction forbidden; penalty. Criminal violation of Article 9 (transporting hazardous 130A-26.1(f) YES waste to a facility which does Not have a permit). Criminal violation of Article 9 (handling hazardous 130A-26.1(g) YES waste without required documents). Violations of Article 4 (Vital 130A-26A(b) YES Records Law). Certain vaccine diversions 130A-431 NO made felony. Perjury; punishment 133-31 YES (Public works). Members Not eligible for other employment with Department; NO sales to department by employees; members Not to sell or 136-14(f) NO trade property with Department; profiting from official position; misuse of confidential information by Board members. False certification that bids are submitted without 143-54 NO collusion. Contracts with certain 143-59.1 NO foreign vendors. Certain vendors prohibited from contracting with 143-59.2 NO State. Violation of Uniform Standards Code for 143-151(b) YES Manufactured Homes. Enforcement procedures: criminal penalties (Pollution Control, Animal 143-215.6B(g) YES Waste Management Systems).

2019 Report of North Carolina Crimes | February 1, 2019 Page 104 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Enforcement procedures: criminal penalties (false statement/ tampering with 143-215.88B(h) YES recording device under hazardous waste article). Enforcement procedures; criminal penalties (dry- 143-215.104Q(b) YES cleaning solvents; knowing and willful violation). Certification that information technology 143B-472.61 NO bids were submitted without collusion. Certification that information technology bid 143B-1327 “reserved for future codification” submitted without collusion. Certification that information technology bid 147-33.100 NO submitted without collusion. Fraudulent misrepresentation 157-29.1 YES (Housing Assistance for more than $400). Registration by mail (willfully giving false 163-72.4(f) NO information). Driver license examiners to accept applications to 163-81 NO register voters (willfully giving false information). Declaration of religious objection to photograph 163-82.7A NO (false attestation). Voter registration at drivers license offices; coordination on data 163-82.19 NO interface (willfully give false information on application). Making false affidavit 163-90.3 YES perjury (Elections).

2019 Report of North Carolina Crimes | February 1, 2019 Page 105 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Notice of candidacy; pledge; with whom filed; 163-106(a1) NO date for filing; withdrawal. Voting systems: requirements for voting systems vendors; penalties 163-165.9A NO (willful violation of subsection (a)(2)). Certain acts declared 163-226.3 NO felonies (Elections). Forgery of signature on 163-237(c) NO absentee ballot. Certain acts declared 163-275 NO felonies (Elections). Criminal penalties; duty to report and prosecute (intentional violation of G.S. 13-278.14(a) or G.S. 163-278.27(a2) NO 163-278.19(a) and contributions total more than $10,000 per election). Voter registration at drivers license offices; coordination on data 163-82.19 NO interface (willfully give false information on application). Making false affidavit 163-90.3 YES perjury (Elections). Notice of candidacy; pledge; with whom filed; 163-106(a1) NO date for filing; withdrawal. Voting systems: requirements for voting systems vendors; penalties 163-165.9A NO (willful violation of subsection (a)(2)). Certain acts declared 163-226.3 NO felonies (Elections). Forgery of signature on 163-237(c) NO absentee ballot. Certain acts declared 163-275 NO felonies (Elections).

2019 Report of North Carolina Crimes | February 1, 2019 Page 106 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Criminal penalties; duty to report and prosecute (intentional violation of G.S. 13-278.14(a) or G.S. 163-278.27(a2) YES 163-278.19(a) and contributions total more than $10,000 per election). Statements under oath. 163-278.32, -278.27(a1) NO ,NO Criminal punishment 163-278.53 Repealed (Elections). Reports filed with Board (making a false 163-278.308(e) YES certification). Sentencing of habitual 14-7.6 NO felons. Terrorism. 14-10.1 NO Injury to pregnant woman (while committing a 14-18.2(b) Repealed felony). Secretly peeping into room occupied by another 14-202(i) NO person (second or subsequent conviction). Interference with electronic monitoring 14-226.3 YES devices. Enhanced sentence for offenses committed by criminal gang members as 15A-1340.16E(a) NO a part of criminal gang activity. Enhanced sentence for offenses committed by criminal gang members as a part of criminal gang 15A-1340.16E(b) NO activity (defendant is found to be a criminal gang leader or organizer). Violation of valid protective order (committing a felony 50B-4.1(d) YES knowing that the behavior is prohibited by the order).

2019 Report of North Carolina Crimes | February 1, 2019 Page 107 of 227 Table 2: Presence of Mens Rea in Felonies Offense General Statute Mens Rea Present Employing or intentionally using minor to commit a drug law violation 90-95.4(a)(1) NO (Offender was 18 to 21, minor was more than 13). Employing or intentionally using minor to commit a drug law violation 90-95.4(a)(2) NO (Offender was 18 to 21, minor was 13 or younger). Employing or intentionally using minor to commit a drug law violation 90-95.4(b)(1) NO (Offender was 21 or older, minor was more than 13). Employing or intentionally using minor to commit a drug law violation 90-95.4(b)(2) NO (Offender was 21 or older, minor was 13 or younger).

2019 Report of North Carolina Crimes | February 1, 2019 Page 108 of 227

Table 3

Presence of Mens Rea in

2019 Report of North Carolina Crimes | February 1, 2019 Page 109 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Battery on an unborn child 14-23.6 NO Sexual battery 14-27.5A Re-codified as G.S. 14-27.33. Assault on handicapped persons 14-32.1(f) NO Assault inflicting serious injury or 14-33(c)(1) NO using a deadly weapon Assault on a female 14-33(c)(2) NO Assault on a child under 12 14-33(c)(3) NO Assault on a state officer or 14-33(c)(4) NO employee Assault on a school employee 14-33(c)(6) NO Assault on a public transit officer 14-33(c)(7) NO Assault on a company police officer 14-33(c)(8) NO Assault inflicting serious injury or using a deadly weapon on a person with whom the person has a 14-33(d) NO personal relationship and in the presence of a minor Assault by pointing a gun 14-34 NO Cutting, mutilating, defacing, or otherwise injuring property to 14-159.4(c)(2) YES obtain Nonferrous metals First degree trespass (on certain 14-159.12(c)(1) NO utility premises). First degree trespass (the person entered a building or climbed over 14-159.12(c)(2) NO a barrier to reach the facility). Secretly peeping into room occupied by another person (while 14-202(c) NO in possession of a device used to create a photographic image). Patronizing a prostitute (first 14-205.2(b) YES violation) 14-277.3A Stalking, first offense YES

Interfering with emergency 14-286.2 YES communication 14-318.2 Misdemeanor child abuse NO

Prohibit unlawful transfer of 14-321.2(a), (c) NO custody of minor child 14-401.25 Unlawful distribution of images NO

14-401.18 Sale of certain packages prohibited NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 110 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present 14-401.18A Practicing “rebirthing technique” NO

14-401.21 Concealment of death NO

Criminal penalties and civil remedies for violation (victim 14-401.22(b) NO suffers life threatening injury or is killed) Criminal penalties and civil remedies for violation 14-422(b) NO (intentionally releasing reptiles into the wild) Permanent NO contact order prohibiting future contact by 14-422(c) YES convicted sex offender with crime victim Felony and misdemeanor death by 15A-1340.50 YES vehicle. 20-141.4(a2) and (b5) Violation of a valid protective order NO

Violation (knowing violation of permanent civil NO-contact order 50B-4.1 YES against sex offender on behalf of crime victim). Second offense of certain sales 50D-10 YES prohibited

Pseudoephedrine; restrictions on 66-254.1 NO sales

Pseudoephedrine; restrictions on 90-113.52(a), -113.56(a) sales (offered for retail sale by self- YES service) Pseudoephedrine; restrictions on sales (sold to person under 18) 90-113.52(b), -113.56(a) YES (first offense for retailer; second offense for purchaser or employee Pseudoephedrine; restrictions on 90-113.52(c), -113.56(a) sales (failure to maintain record of YES disposition) (first offense). 90-113.52(d), -113.56(a) Electronic record keeping YES

2019 Report of North Carolina Crimes | February 1, 2019 Page 111 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Pseudoephedrine transaction limits (more than two packages 90-113.52A, -113.56(a) containing more than six grams) YES

(first offense for retailer; second offense for purchaser or employee) Pseudoephedrine transaction limits (more than three packages containing more than nine grams 90-113.53(a), -113.56(a) YES within 30 days) (first offense for retailer; second offense for purchaser or employee). 90-113.53(b), -113.56(a) Posting of signs first offense YES

Penalties (willful and knowing violation of G.S. 90-113.52A, certain information to be 90-113.54, -113.56(a) YES submitted before purchase of pseudoephedrine product, by retailer; first offense Penalties (willful and knowing violation of G.S. 90-113.52A, certain information to be submitted before purchase of 90-113.56(a) YES pseudoephedrine product, by purchaser or employee; second offense) Punishment for violations; carriers exempt; interference with enforcement (assaulting, resisting, 90-113.56(b) YES etc. officer performing duties under Article, with use of deadly or dangerous weapon). legal possession or use of food stamps (uses, transfers or acquires; 106-549.59(c) NO value of the stamps is at least $100 but less than $500) Unauthorized administration of 108A-53.1(b) YES medicine Unlawful possession, 110-102.1A YES transportation and sale of fish Possession and transportation of 113-183, -187 YES prohibited oyster equipment. Fishing near ocean piers; trash or 113-184, -187 NO scrap fishing

2019 Report of North Carolina Crimes | February 1, 2019 Page 112 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalties for violations of Subchapter and rules (participation in commercial fishing operation 113-185, -187 NO conducted in violation of Subchapter). Penalties for violations of Subchapter and rules (owner of 113-187(a) NO vessel knowingly permits it to be used in violation of Subchapter IV). Penalties for violations of Subchapter and rules (any person in charge of a commercial fishing 113-187(b) YES operation conducted in violation of Subchapter IV). Penalties for violations of Subchapter and rules (taking or attempting to take, possess, sell, or offer for sale any oysters, mussels, 113-187(c) NO or clams taken from areas closed by statute, rule, or proclamation because of suspected pollution). Penalties for violations of Subchapter and rules (taking or attempting to take or have in possession aboard a vessel, shrimp taken by the use of a trawl net, in 113-187(d)(1) NO areas Not opened to shrimping, pulled by a vessel Not showing lights required by G.S. 75A-6 after sunset and before sunrise Penalties for violations of Subchapter and rules (using a trawl net in any coastal fishing waters 113-187(d)(2) NO closed by proclamation or rule to trawl nets) Penalties for violations of Subchapter and rules (violating the provisions of a special permit or 113-187(d)(3) NO gear license issued by the Department

2019 Report of North Carolina Crimes | February 1, 2019 Page 113 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalties for violations of Subchapter and rules (using or attempting to use any trawl net, long haul seine, swipe net, 113-187(d)(4) NO mechanical methods for oyster or clam harvest or dredge in designated primary nursery areas). Penalties for violations of Subchapter and rules (taking menhaden or Atlantic thread herring by a purse seine net 113-187(d)(5) NO deployed by a mother ship and one or more runner boats in coastal fishing waters). Unlawful sale or purchase of fish; 113-187(e) NO criminal and civil penalties Protection of private shellfish rights 113-191 NO Protection of private marine 113-208(a) YES aquaculture rights Injuring, destroying, stealing, or stealing from nets, seines, buoys, 113-218 YES pots, etc. Criminal history record checks (penalty for furnishing false 113-268 YES information). School personnel criminal history checks (furnishing false 115C-238.73(h) YES information). False criminal history records check 115C-332(h) YES on employment application Protection from abuse and exploitation; reporting (employee or volunteer knowingly causes 116-239.12 YES NOn-procedural pain or injury to client). Protection from abuse and exploitation; reporting (employee or volunteer witness fails to report 122C-66(a) YES rape of or sex offense against client). Criminal history record checks required for certain applicants for 122C-66(b1) NO employment (penalty for furnishing false information).

2019 Report of North Carolina Crimes | February 1, 2019 Page 114 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Criminal history record checks required for certain applicants for 122C-80(f) YES employment (penalty for furnishing false information) Criminal history record checks required for certain applicants for 131D-40(e) YES employment (penalty for furnishing false information). Penalties and punishment for violations (false statement in 131E-265(e) YES violation of 143-6.2(b2) Offenses for violation of Chapter 143-34(b) Repealed (Chapter 143C. State Budget Act) Go armed to the terror of the 143C-10-1(b) YES people Uttering a forged paper 1-324.2, -324.5 YES Forcible trespass 1-324.3, -324.5 YES 1-324.4, -324.5 YES (without alleging deceit and intent to 1-531 NO defraud) 1-596 NO Forgery 7A-112 NO Unlawful assembly 7B-301(b) YES Agent must furnish information as 7B-301(c) Repealed to corporate officers and property Shares subject to execution; agent 7B-2109 YES must furnish information Debts due corporation subject to 10A-12(a) Repealed execution; duty, etc., of agent. Refusal to surrender official papers 10A-12(d) Repealed misdemeanor. Charges for legal advertising (NO printing of legal ads unless filed 10B-60(b) NO with clerk). Investment of funds in clerk’s hands (applying or investing money 10B-60(c) NO beyond authority of statute). Duty to report abuse, neglect, dependency, or death due to maltreatment (person or 14-3(c) YES institution knowingly or wantonly fail to report suspicion).

2019 Report of North Carolina Crimes | February 1, 2019 Page 115 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Secret political and military 14-10 YES organizations forbidden. Activities aimed at overthrow of government; use of public 14-11, -12 YES buildings. Certain secret societies prohibited. 14-12.3, -12.15 NO Uses of signs, grips, passwords or disguises or taking or administering 14-12.4, -12.15 NO oath for illegal purposes. Permitting, etc., meetings or demonstrations of prohibited 14-12.5, -12.15 NO secret societies. Meeting places and meetings of 14-12.6, -12.15 NO secret societies regulated. Wearing of masks, hoods, etc., on 14-12.7, -12.15 NO public ways. Wearing of masks, hood, etc., on 14-12.8, -12.15 NO public property. Entry, etc., upon premises of another while wearing mask, hood, 14-12.9, -12.15 NO or other disguise. Holding meetings or demonstrations while wearing 14-12.10, -12.15 NO masks, hoods, etc. Placing burning or flaming cross on property of another or on public 14-12.12(a), -12.15 NO street or highway. Domestic abuse, neglect, and exploitation of disabled or elder adults (loss of property or money is 14-32.3(c) Repealed a value of one thousand dollars or less). Assault, assault and battery, or 14-33(b) NO affray against a sports official. Manufacture, sale, purchase, or possession of teflon-coated types 14-34.3 NO of bullets prohibited. Involuntary servitude (failure to 14-43.2(d) Repealed report violation) Involuntary servitude (failure to 14-43.6(e) Recodified report violation) Concealing birth of child (aiding or abetting any other person in 14-46 NO concealing).

2019 Report of North Carolina Crimes | February 1, 2019 Page 116 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Breaking or entering buildings generally (NO intent to commit 14-54(b) NO felony or larceny therein). Breaking into or forcibly opening coin- or currency-operated 14-56.1 YES machines (first offense). Damaging or destroying coin- or 14-56.2 NO currency-operated machines. Breaking into paper currency 14-56.3 YES machines (first offense). Preparation to commit breaking or entering into motor vehicles (first 14-56.4 YES offense). Larceny of property; receiving stolen goods or possessing stolen 14-72(a) YES goods (value $1,000 or less). Concealment of merchandise in mercantile establishments (third or subsequent offense committed 14-72.1(a) and (e) YES within 5 years of conviction of two other offenses). Concealment of merchandise in mercantile establishments (changing price tags, third or 14-72.1(d) and (e) YES subsequent offense committed within 5 years of conviction of two other offenses). Unauthorized use of a motor- propelled conveyance (other than 14-72.2 NO aircraft). Larceny of motor fuel (less than 14-72.5 YES $1,000). Larceny, mutilation, or destruction 14-76 YES of public records and papers. Mutilation or defacement of records and papers in the North 14-76.1 YES Carolina State Archives. Larceny, concealment or 14-77 YES destruction of wills. Waste kitchen grease; unlawful acts and penalties (take container 14-79.2(a)(1), (b)(1) NO or grease contained therein worth $1,000 or less).

2019 Report of North Carolina Crimes | February 1, 2019 Page 117 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Waste kitchen grease; unlawful acts and penalties (intentionally contaminate or damage container 14-79.2(a)(2), (b)(1) YES or grease contained therein worth $1,000 or less). Waste kitchen grease; unlawful acts and penalties (label another’s 14-79.2(a)(3), (b)(1) YES container worth $1,000 or less in order to claim ownership). Larceny, destruction, defacement, or vandalism of portable toilets or 14-86.2 YES pumper trucks. Possession or manufacture of certain fraudulent forms of 14-100.1 YES identification Worthless checks; multiple presentment of checks (amount 14-107 (d)(1) NO $2,000 or less, fourth and subsequent convictions). Worthless checks; multiple presentment of checks (drawn 14-107(d)(3) NO upon a NOn-existent account). Worthless checks; multiple presentment of checks (drawn 14-107(d)(4) YES upon a closed account). Misuse of 911 system. 14-111.4 YES Blackmailing 14-118 YES Falsifying documents issued by a secondary school, postsecondary 14-122.1 YES educational institution, or governmental agency. Willful and wanton injury to real 14-127 YES property Graffiti vandalism 14-127.1 NO Injury to trees, crops, lands, etc., of 14-128 YES another. Trespass on public lands. 14-130 NO Willfully trespassing upon or 14-132.2(a) YES damaging a public school bus Willfully trespassing upon or damaging a public school bus 14-132.2(b) NO (entering a school bus after being forbidden to do so).

2019 Report of North Carolina Crimes | February 1, 2019 Page 118 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Willfully trespassing upon or damaging a public school bus 14-132.2(c) NO (refusing to leave a school bus upon demand). Willfully trespassing upon or damaging a public school bus (willfully stop, impede, delay, or 14-132.2(c1) NO detain any public school bus being operated for public school purposes). Domestic criminal trespass. 14-134.3 NO Cutting, injuring, or removing 14-135 YES another’s timber. Setting fire to grass and brushlands and woodlands (NO intent to 14-136 YES damage property shown, second or subsequent offense). Burning or otherwise destroying crops in the field (damage $2000 14-141(1) YES dollars or less). Injuring bridges. 14-146 YES Defacing or desecrating grave sites. 14-148 YES Interfering with gas, electric and 14-151 YES steam appliances Interfering with electric, gas or 14-151.1 Repealed water meters Injuring wires and other fixtures of telephone, telegraph and electric- 14-154 YES power companies. Interference with animal research (unauthorized entry into research 14-159.2(a)(1) and (b) YES facility). Interference with animal research 14-159.2(a)(2) and (b) YES (damaging of research facility). Interference with animal research 14-159.2(a)(3) and (b) YES (unauthorized release of animal). Interference with animal research 14-159.2(a)(4) and (b) YES (interference with care of animal). Cutting, mutilating, defacing, or otherwise injuring property to obtain Nonferrous metals 14-159.4(c)(1) YES (property damage less than $1,000).

2019 Report of North Carolina Crimes | February 1, 2019 Page 119 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Cutting, mutilating, defacing, or otherwise injuring property to 14-159.4(c)(5) YES obtain Nonferrous metals (critical infrastructure affected). Trespass for purposes of hunting, etc., without written consent a 14-159.6(b) YES misdemeanor (with the intent to rake/remove pine straw). Willful and wanton injury to personal property; punishments 14-160(b) YES (damage in excess of $200). Alteration, destruction or removal of permanent identification marks 14-160.1 YES from personal property. Injuring, destroying, removing, vandalizing, or tampering with 14-160.3 YES firefighting or emergency medical services machinery or equipment. Assaulting a law enforcement agency animal, an assistance animal, or a search and rescue 14-163.1(c) YES animal (willfully cause or attempt to cause harm). (Added search and rescue animal - Effective 12/1/09) Violation made a misdemeanor (unclassified violations of Article 24. Vehicles and Draft Animals- 14-169 NO Protection of Bailor Against Acts of Bailee). Coercing acceptance of obscene 14-190.4 NO articles or publications. Preparation of obscene photographs, slides and motion 14-190.5 YES pictures. Disclosure of private images (first violation by a person under 18 at 14-190.5A(c)(2) YES time of offense). Disseminating harmful material to minors; exhibiting harmful 14-190.15 NO performances to minors. Secretly peeping into room 14-202(a) YES occupied by another person.

2019 Report of North Carolina Crimes | February 1, 2019 Page 120 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Secretly peeping into room occupied by another person (surreptitiously peep underneath 14-202(a1) YES or through the clothing of another by a mirror or other device). Indecent liberties between 14-202.2 YES children. Prostitution 14-204 YES Loitering for the purpose of 14-204.1 Repealed engaging in prostitution offense. Solicitation of prostitution (first 14-205.1 YES offense). Verification of registration 14-208.9A(c) YES information Failure to enroll; tampering with device (fail to provide necessary 14-208.44(c) NO information/cooperate with guidelines). Picketing or parading. 14-225.1 YES Harassment of participant in neighborhood crime watch 14-226.2 YES program. Interference with electronic monitoring devices (person on 14-226.3(e), (b) YES bond or pretrial release). Interference with electronic monitoring devices (person on 14-226.3(e), (c) YES bond or pretrial release solicits another) Acting as officer before qualifying 14-229 NO as such. Willfully failing to discharge duties. 14-230 YES Failing to make reports and 14-231 NO discharge other duties. Swearing falsely to official reports. 14-232 YES Public officers or employees benefitting from public contracts; 14-234 NO exceptions. Misuse of confidential information 14-234.1 YES (from public office). Allowing prisoners to escape; 14-239 YES punishment.

2019 Report of North Carolina Crimes | February 1, 2019 Page 121 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Disposing of public documents or refusing to deliver them over to 14-241 YES successor. Failing to return process or making 14-242 YES false return. Failing to surrender tax list for 14-243 NO inspection and correction. Failing to file report of fines or 14-244 NO penalties. Failure of ex-magistrate to turn 14-246 YES over books, papers and money. Escape of working prisoners from 14-255 NO custody. Prison breach and escape from county or municipal confinement 14-256 NO facilities or officers. Furnishing alcoholic beverages to inmates of charitable, mental or penal institutions or local 14-258.1(b) YES confinement facilities; furnishing tobacco products or mobile phones to inmates or delinquent juveniles Furnishing alcoholic beverages to inmates of charitable, mental or penal institutions or local 14-258.1(c) YES confinement facilities; furnishing tobacco products or mobile phones to inmates or delinquent juveniles Furnishing alcoholic beverages to inmates of charitable, mental or penal institutions or local 14-258.1(e) NO confinement facilities; furnishing tobacco products or mobile phones to inmates or delinquent juveniles Harboring or aiding certain persons charged or convicted of a 14-259 YES misdemeanor. Persuading inmates to escape. 14-266, -268 NO Harboring fugitives. 14-267, -268 NO Weapons on campus or other educational property (enumerated 14-269.2(d) NO weapons).

2019 Report of North Carolina Crimes | February 1, 2019 Page 122 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Weapons on campus or other educational property 14-269.2(e) NO (aid/encourage a minor under 18 to carry/possess a weapon). Weapons on campus or other education property (unloaded, locked up firearm carried in a 14-269.2(f) NO vehicle by a person who is Not a student or educational employee) Carrying concealed weapons into assemblies and establishments 14-269.3 NO where alcoholic beverages are sold and consumed. Weapons on certain State property 14-269.4 NO and in courthouses. Possession and sale of spring- 14-269.6 NO loaded projectile knives prohibited. Prohibitions on handguns for 14-269.7(a) YES minors. Impersonation of a law- enforcement or other public officer 14-277(a)(1), (2), and (3) NO (false representation). Impersonation of a law- enforcement or other public officer 14-277(b)(1), (2), (3), and NO (carrying out act in accordance (4) with authority of officer). Impersonation of a law- enforcement or other public officer 14-277(e) NO (false representation as a county, city, or State employee). Communicating threats. 14-277.1 YES Weapons at parades, etc., 14-277.2 YES prohibited. Obstruction of health care facilities (second conviction within 3 years 14-277.4 NO of the first conviction). Exploding dynamite cartridges and 14-283 NO bombs. Keeping for sale or selling 14-284 NO explosives without a license. Riot; inciting to riot; punishments. 14-288.2(b) and (d) YES Disorderly conduct (military funeral 14-288.4(a)(8), (c)(1) NO or memorial service, first offense).

2019 Report of North Carolina Crimes | February 1, 2019 Page 123 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Looting; trespass during 14-288.6(a) NO emergency. Transporting dangerous weapon or substance during emergency; 14-288.7 Repealed possessing off premises; exceptions. Manufacture, sale, etc., of slot 14-304, -309 NO machines and devices. Agreements with reference to slot machines or devices made 14-305, -309 NO unlawful. Types of machines and devices 14-306.1, -309 NO prohibited by law; penalties. Certain game promotions unlawful. 14-306.3, -309 NO Electronic machines and devices for sweepstakes prohibited (first 14-306.4 NO offense). Greyhound racing prohibited. 14-309.20 NO Selling or giving weapons to minors 14-315(a) NO (other than handguns). Storage of firearms to protect 14-315.1 NO minors. Warning upon sale or transfer of 14-315.2 NO firearm to protect minor. Contributing to delinquency and 14-316.1 YES neglect by parents and others. Exposing children to fire. 14-318 NO Discarding or abandoning iceboxes, 14-318.1 NO etc.; precautions required. Failure to report the disappearance of a child to law enforcement; immunity of person reporting in 14-318.5(c) YES good faith (reasonable suspicion regarding disappearance or danger to child). Prohibit baby-sitting service by sex offender or in the home of a sex 14-321.1 NO offender (first offense). Abandonment and failure to support spouse and children 14-322 YES (second or subsequent offense). Parents; failure to support (second 14-326.1 NO or subsequent offense).

2019 Report of North Carolina Crimes | February 1, 2019 Page 124 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Manufacturing, trafficking in, transporting, or possessing 14-329(d) NO poisonous alcoholic beverages (transport or possess). Selling or offering to sell meat of 14-342 YES diseased animals. Cruelty to animals; construction of 14-360(a) YES section. Instigating or promoting cruelty to 14-361 YES animals. Restraining dogs in a cruel manner. 14-362.3 YES Conveying animals in a cruel 14-363 NO manner. Usurious loans on household and kitchen furniture or assignment of 14-391 YES wages. Anonymous or threatening letters, 14-394 NO mailing or transmitting. Theft or destruction of property of public libraries, museums, etc. 14-398 YES (property destroyed does Not exceed $50). Putting poisonous foodstuffs, antifreeze, etc., in certain public 14-401 NO places, prohibited. Identifying marks on machines and apparatus; application to Division 14-401.4 YES of Motor Vehicles for numbers. Refusing to relinquish party telephone line in emergency; false 14-401.8 Repealed statement of emergency. Soliciting charitable contributions 14-401.12 NO by telephone. Ethnic intimidation; teaching any technique to be used for ethnic 14-401.14 NO intimidation. Telephone sales recovery services. 14-401.15 NO Defrauding drug and alcohol screening tests; penalty (first 14-401.20 NO offense). Unlawful possession and use of unmanned aircraft systems (fish or 14-401.24(b) NO hunt). Pyrotechnics indoors 14-415 NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 125 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Violations of this Article punishable as an infraction (violation of 14- 14-415.21(a1) NO 415.11 (c2)). Recording of live concerts or recorded sounds and distribution, etc., of such recordings unlawful in 14-433, -437(a) YES certain circumstances (less than 100 unauthorized articles during any 180-day period). Retailing, etc., of certain recorded devices unlawful (less than 100 14-434, -437(a) YES unauthorized articles during any 180-day period). Unlawful operation of an audiovisual recording device (operating a device capable of 14-440.1(a1) YES functioning as a digital or analog photographic camera). Accessing computers (property/services obtained $1000 14-454(a) and (b) YES or less). Accessing government computers (accessing educational testing 14-454.1(c) YES material on a government computer). Damaging computers, computer systems, computer networks, and 14-455(a) YES resources (damage caused $1000 or less). Denial of computer services to an 14-456 YES authorized user. Computer trespass; penalty (violation of section; damage to 14-458 NO property less than $2,500). Cyber-bullying; penalty (defendant 14-458.1 YES is 18 or older). Unauthorized manufacture or sale of switch-lock keys a misdemeanor 14-461 NO (Railroads). Prisoner Not to be tried in prison 15-176 NO uniform. Prohibitions and exception (unlawful to install pen register or 15A-261 NO trap).

2019 Report of North Carolina Crimes | February 1, 2019 Page 126 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Unauthorized uses of DNA 15A-266.11 YES Databank; penalties. Interception and disclosure of wire, oral, or electric communications 15A-287(f) YES prohibited (divulgence of contents of electronic surveillance order). Use of an unmanned aircraft system near a confinement or 15A-300.3(c)(3) NO correctional facility prohibited. Disclosure of evidence by the State – Information subject to disclosure (willful omission or misrepresentation of evidence or 15A-903(d) YES information required to be disclosed other than law enforcement and prosecutorial files Filing of application for compensation award; contents (knowing and willful 15B-7 YES presentment/attempt to present a false or fraudulent application for claims $400 or less). Disclosure of address prohibited. 15C-9 YES Children required to attend school. 15C-378, -80 Repealed Entering into or aiding for 16-4 YES “futures” misdemeanor. Opening office for sales of 16-5 YES “futures” misdemeanor. Re-committal after discharge; 17-25 YES penalty. Penalty for false return (to a writ of 17-27 NO habeas corpus). Penalty for concealing party 17-28 YES entitled to writ (of habeas corpus). Manufacture, sale, etc., forbidden 18B-102 NO except as expressly authorized. Nontax paid alcoholic beverages (unlawful to possess, transport, or 18B-111, -102 NO sell).

2019 Report of North Carolina Crimes | February 1, 2019 Page 127 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Purchase, possession and consumption of malt beverages and unfortified wine (unlawful to 18B-300(a1), -102 NO consume/allow to be consumed on premises having a suspended or revoked permit). Purchase, possession and consumption of malt beverages and unfortified wine (unlawful to consume/allow to be consumed 18B-300(b), -102 NO malt beverages or unfortified wine on premises having only an off- premises permit). Possession and consumption of fortified wine and spirituous liquor 18B-301, -102 NO (unlawful possession). Sale to or purchase by underage 18B-302(a), (b), (e), and (f), NO persons. -102 Sale to or purchase by underage persons (aider or abettor over the 18B-302(c)(2) NO lawful age to purchase). Amounts of alcoholic beverages that may be purchased (unlawful 18B-303, -102 NO amount purchased). Sale and possession for sale. 18B-304, -102 NO Other prohibited sales. 18B-305, -102 YES Manufacturing offenses (first 18B-307(a) and (b), -102 YES offense). Sale and consumption at bingo 18B-308, -102 NO games (unlawful). Manner of transportation 18B-401(b), -102 NO (transporting in a taxi). Unlawful transportation. 18B-406, -102 NO Application for permit; fees (knowingly making a false 18B-902(c), -102 YES statement). Hours for sale and consumption. 18B-1004, -102 NO Conduct on licensed premises 18B-1005, -102 NO (certain conduct prohibited). Sexually explicit conduct on licensed premises (certain conduct 18B-1005.1, -102 YES prohibited).

2019 Report of North Carolina Crimes | February 1, 2019 Page 128 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Miscellaneous provisions on permits (unlawful possession or 18B-1006(d), -102 NO consumption without permit authorization). Miscellaneous provisions on permits (possession of false or 18B-1006(e), -102 NO facsimile permit). Miscellaneous provisions on permits (failure to surrender 18B-1006(f), -102 NO permit). Additional requirements for mixed beverages permittees (unlawful 18B-1007(b), -102 NO handling of bottles). Exclusive outlets prohibited. 18B-1116, -102 NO Filing of distribution agreement; 18B-1303, -102 NO NO discrimination. Prohibitions (coerce/attempt to coerce or persuade a wholesaler to 18B-1304(1), -102 NO violate ABC laws). Prohibitions (alter/terminate/fail to 18B-1304(2), -102 NO renew a franchise agreement). Sales and sale price of tickets and 18C-131 NO shares; sales to minors prohibited. Interference unlawful (with animal 19A-48 NO cruelty investigator). License to Give Trust Fund 20-7.5 NO Commission established. Tampering with ignition interlock 20-17.8A YES systems. Unlawful to drive while license revoked or while disqualified (for 20-28(a1) NO impaired driving). Violations of license of learner’s permit provisions (using a false or fictitious name or address, or 20-30(5) YES making a false statement on application). Purchase of vehicles for purposes of scrap or parts only (first 20-62.1 YES offense). Sublease and loan assumption arranging regulated (failure to 20-106.2(b)(3) NO disclose location of vehicle to vehicle’s buyer/lessor).

2019 Report of North Carolina Crimes | February 1, 2019 Page 129 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Sublease and loan assumption arranging regulated (failure to provide third party new, accurate 20-106.2(b)(4) NO disclosures under Consumer Credit Protection Act). Sublease and loan assumption arranging regulated (failure to provide oral and written Notice to 20-106.2(b)(5) NO buyer/lessee that he will Not be released from liability). Sublease and loan assumption arranging regulated (failure to ensure that all rights under 20-106.2(b)(6) NO warranties and service contracts regarding the motor vehicle transfer to third party). Sublease and loan assumption arranging regulated (failure to take reasonable steps to ensure that third party is financially able to 20-106.2(b)(7) NO assume payment obligations of buyer/lessee according to agreement). Surrender of title to salvage 20-109.1 NO vehicles (violation of section). Violation of registration provisions (use of false/fictitious name in 20-111(5) YES application for registration of vehicle/certificate of title). Use of red or blue lights on vehicles 20-130.1 NO prohibited; exceptions. Airbag installation (violation of 20-136.2 NO section). Operation of vehicles resembling law-enforcement vehicles 20-137.2 YES unlawful; punishment. Unlawful racing on streets and highways (willfully in prearranged 20-141.3(a) YES speed competition with another motor vehicle).

2019 Report of North Carolina Crimes | February 1, 2019 Page 130 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Unlawful racing on streets and highways (authorize or knowingly permit vehicle owned by person to be used in prearranged speed 20-141.3(c) YES competition; or to place/receive a bet or wager from the outcome of a prearranged speed competition). Speeding to elude arrest; forfeiture 20-141.5 NO of vehicle. Aggressive driving. 20-141.6 YES Overtaking a vehicle (failure to comply with this section is the 20-149(b)(1) NO proximate cause of a collision resulting in serious bodily injury). Approach of law enforcement, fire department or rescue squad 20-157(h) NO vehicles or ambulances; etc. (cause damage to property or injury). Duty to stop in event of accident or collision; furnishing information or assistance to injured person, etc.; persons assisting exempt from civil 20-166(b) NO liability (driver’s failure to give information when subsection (a) is violated). Duty to stop in event of accident or collision; furnishing information or assistance to injured person, etc.; persons assisting exempt from 20-166(c) YES liability (accident results only in damage to property, or if driver did Not know and did Not have reason to know of death/injury to person). Duty to stop in event of accident or collision; furnishing information or assistance to injured person, etc.; persons assisting exempt from 20-166(c1) YES liability (driver’s failure to give information to victims when subsection (c) is violated). Duty of passenger to remain at the 20-166.2(a) YES scene of an accident

2019 Report of North Carolina Crimes | February 1, 2019 Page 131 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Duty of passenger to remain at the scene of an accident (failure to give 20-166.2(b) YES information/assistance). Limited driving privilege (violation 20-179.3(j), -28 NO of section). Motor vehicles to stop for properly marked and designated school buses in certain instances; 20-217 NO evidence of identity of driver (violation of section). Other violations; penalties (gives information required in a report of a reportable accident, 20-279.31(b)(1) YES knowing/having reason to believe information is false) Other violations; penalties (forges or without authority signs any 20-279.31(b)(2) NO evidence of proof of financial responsibility). Other violations; penalties (forges/offers for filing any evidence of proof of financial 20-279.31(b)(3) YES responsibility, knowing/having reason to believe that evidence is forged/signed without authority). Violation a misdemeanor (violation of Article 11. Liability Insurance 20-284 NO Required of Persons Engaged in Renting Motor Vehicles). Licenses required. 20-287, -308 NO Licenses to specify places of business; display of license and list 20-290, -308 NO of salesmen, advertising. Insurance (violation of statute). 20-298, -308 NO of retail dealer by manufacturer or distributor in 20-304, -308 NO connection with installment sales contract prohibited.

2019 Report of North Carolina Crimes | February 1, 2019 Page 132 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Coercing dealer to accept commodities Not ordered; threatening to cancel franchise; preventing transfer of ownership; 20-305, -308 NO granting additional franchises; terminating franchises without good cause; preventing family succession. Coercing dealer to accept commodities Not ordered; threatening to cancel franchise; preventing transfer of ownership; granting additional franchises; 20-305(4) NO terminating franchises without good cause; preventing family succession (preventing or refusing to approve sale of dealership by change in use of existing facility). Coercing dealer to accept commodities Not ordered; threatening to cancel franchise; preventing transfer of ownership; granting additional franchises; 20-305(14) NO terminating franchises without good cause; preventing family succession (failure to allocate products to franchised dealers in a fair manner). Coercing dealer to accept commodities Not ordered; threatening to cancel franchise; preventing transfer of ownership; granting additional franchises; 20-305(39) NO terminating franchises without good cause; preventing family succession (require dealer to erect or relocate sign upon unreasonable terms or conditions).

2019 Report of North Carolina Crimes | February 1, 2019 Page 133 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Coercing dealer to accept commodities Not ordered; threatening to cancel franchise; preventing transfer of ownership; granting additional franchises; 20-305(43) NO terminating franchises without good cause; preventing family succession (require or coerce dealership to change operator or general manager). Automobile dealer warranty obligations (failure to perform 20-305.1(b), -308 NO warranty obligations). Automobile dealer warranty obligations (manufacturer take adverse action against dealer for 20-305.1(b3), -308 NO selling a vehicle to a customer who exported the vehicle or sold it to third party). Automobile dealer warranty obligations (component parts 20-305.1(f1), -308 NO manufacturer violate subsections (a), (b), (b1), (b2), and (c)). Automobile dealer warranty obligations (deny dealer right to 20-305.1(h) NO return any part or accessory Not sold after 15 months). Unfair methods of competition. 20-305.2, -308 NO Unlawful for salesmen to sell except for his employer; multiple employment; persons who arrange 20-306, -308 NO transactions involving the sale of new motor vehicles. Applicability of this Article (unlawful for manufacturer/distributor to use other business association to 20-308.2(d), -308 NO engage in illegal conduct proscribed under Article 12. Motor Vehicle Dealers and Manufacturers Licensing Law).

2019 Report of North Carolina Crimes | February 1, 2019 Page 134 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Failure of owner to deliver certificate of registration and 20-312 REPEALED plates after revocation; Notice of revocation. Making false certification or giving 20-313.1 NO false information a misdemeanor. Unlawful devices. 20-342, -350 YES Operation of vehicle with intent to 20-344, -350 YES defraud. Lawful service, repair or 20-346, -350 NO replacement of odometer. Disclosure requirements. 20-347, -350 YES Penalties (violation of Article 16. 20-371 NO Professional Housemoving). Willful injury to property of motor 20-395 YES carrier a misdemeanor. Furnishing false information to the Department of Crime Control and Public Safety; withholding 20-397 YES information from the Department of Crime Control and Public Safety. Creditors to file verified claims with clerks; false swearing 23-9 YES misdemeanor. Trustee violating duties guilty of 23-12 YES misdemeanor. False swearing; penalty (insolvent/imprisoned debtor takes 23-43 YES false oath). Unlawful to solicit claims of 23-46, -47 NO creditors in proceedings. Limitations on charges and 24-14, -17 YES interest. Itemized closing statements. 24-16, -17 YES Investment of funds. 34-13 NO Willful destruction by tenant 42-11 YES misdemeanor. Wrongful surrender to other than 42-13 YES landlord misdemeanor. Unlawful seizure by landlord or 42-22 YES removal by tenant misdemeanor. Penalties for abuse. 42A-27 NO NO docketing of lien unless 44A-12.1 YES authorized by statute.

2019 Report of North Carolina Crimes | February 1, 2019 Page 135 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present False statement a misdemeanor (in connection with improvement to 44A-24 YES real property). Designation of official; violation a 44A-32 NO misdemeanor. Forgery or alteration of discharge 47-112 NO or certificate; punishment. Prohibited activities in placement. 48-10-101 NO Unlawful payments related to 48-10-102 NO adoption (first offense). Unauthorized disclosure of 48-10-105 YES information. Penalty for solemnizing without 51-7 NO license. Obtaining license by false 51-15 YES representation misdemeanor. Unlawful issuing of certificate of 53-63 REPEALED deposit. Examiners disclosing confidential 53-125 REPEALED information. Loans or gratuities forbidden. 53-126 REPEALED Willfully and maliciously making 53-128 REPEALED derogatory reports. Offenses declared misdemeanors; prosecution; employment of 53-134 REPEALED counsel; punishment. Scope of Article; evasions; penalties; loans in violation of 53-166 NO Article void Criminal penalties (violations of Article 16A. Money Transmitters 53-208.26(a) REPEALED Act) Criminal penalties (make a material, false statement in a 53-208.26(b) REPEALED document with the intent to deceive recipient). Criminal penalties (engage in business of money transmission 53-208.26(c) REPEALED without a license). Criminal penalties (violations of Article 16B, Money Transmitters 53-208.58(a) YES Act).

2019 Report of North Carolina Crimes | February 1, 2019 Page 136 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Criminal penalties (make a material, false statement in a 53-208.58(b) YES document with the intent to deceive recipient). Criminal penalties (engage in business of money transmission 53-208.58(c) YES without a license). Examiner disclosing confidential 53C-8-8 NO information. Loans or gratuities forbidden. 53C-8-9 NO Willfully and maliciously making 53C-8-10 YES derogatory reports. Use of name exclusive (unlawful to use “credit union” or any 54-109.5 NO derivation thereof). Examinations by Administrator; report (obstruction of 54B-56 YES examination/making false statement). Criminal penalties (willful/knowing violation of Article 4 by a Savings 54B-66(b)(1) YES Institutions Division employee). Criminal penalties (willful/knowing violation of a cease and desist 54B-66(b)(2) YES order). Criminal penalties (making a false statement in any report or financial 54B-66(c) YES statement). Prohibited practices (). 54B-78(1) YES Prohibited practices (false 54B-78(2) YES information and advertising). Examinations by Administrator; report (obstruction of 54C-54 YES examination/making false statement). Prohibited practices (defamation). 54C-64(1) YES Prohibited practices (false 54C-64(2) YES information and advertising). Criminal penalties (willful/knowing 54C-79(b)(1) YES violation of Article 5 by employee). Criminal penalties (willful/knowing violation of a cease and desist 54C-79(b)(2) YES order).

2019 Report of North Carolina Crimes | February 1, 2019 Page 137 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Criminal penalties (making a false statement in any report or financial 54C-79(c) YES statement). Penalties imposed upon corporations, officers, and 55-1-32 YES directors for failure to answer interrogatories. Penalties imposed upon corporations, officers, and 55A-1-32 YES directors for failure to answer interrogatories. Penalty for signing false document (to be delivered to the Secretary of 55D-18 YES State for filing pursuant to Chapter 55, 55A, 55B, 57C, or 59). Penalties imposed upon corporations, officers, and 57C-1-32 Repealed directors for failure to answer interrogatories. Penalties imposed upon limited liability companies for failure to 57D-1-32 NO answer interrogatories. Miscellaneous requirements for motor vehicle and home appliance service agreement companies (knowingly offer for sale/sale of a 58-1-35(j) YES service agreement for a company which has failed to comply with section). Books and papers required to be exhibited (refusal to exhibit/make 58-2-200 YES false statement in regards to same). Corporation or association maintaining office in State required 58-3-85 NO to qualify and secure license. Agent, adjuster, etc., acting without a license or violating 58-3-130 NO insurance law. Penalties (surplus lines licensee who aids/represents nonadmitted 58-21-105 NO insurer). Adjuster acting for unauthorized 58-33-115 NO company.

2019 Report of North Carolina Crimes | February 1, 2019 Page 138 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Agent, adjuster, etc., acting without a license or violating 58-33-120 NO insurance law. Agents personally liable; representing unlicensed company 58-33-95 NO prohibited; penalty. Licensee’s books and records; reports; refusing to exhibit records; 58-35-30 YES making false statements. Violations; penalties (various violations of Article 35. Insurance 58-35-90 YES Premium Financing). License (offering or providing continuing care in retirement 58-64-5 NO communities without a license). Criminal penalties (violation of Article 64. Registration, Disclosure, Contract, and Financial Monitoring 58-64-75 YES Requirements for Continuing Care Facilities). Penalties and enforcement (violation of Health Maintenance Organization Act of 1979 or 58-67-165 NO violation of chapter provision relating to health maintenance organizations). Violations; penalty (violation of Article 69. Motor Clubs and 58-69-35 NO Associations). Permit from Commissioner of Insurance; penalty for violation; 58-70-1 YES exception. Bail bondsmen and runners to be qualified and licensed; license 58-71-40(d1) Repealed applications generally Penalties for violations (violation of Article 71. Bail Bondsmen and 58-71-185 NO Runners). Careless or negligent setting of 58-81-5 YES fires. Authority of firemen; penalty for 58-82-1 YES willful interference with firemen.

2019 Report of North Carolina Crimes | February 1, 2019 Page 139 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Ticket may be refused intoxicated person; penalty for prohibited 62-150 NO entry. Unauthorized manufacture or sale 62-322 NO of switch-lock keys a misdemeanor. Willful injury to property of public 62-323 YES utility a misdemeanor. Unlawful motor carrier operations (agent/employee of a motor carrier knowingly makes a false report of 62-325(b) YES fares, charges, or other revenues collected by a carrier). Furnishing false information to the Commission; withholding 62-326 YES information from the Commission. Misuse of 911 system; penalty. 62A-12, 14-3 Repealed Misdemeanor dangerous flying 63-18 NO Tampering with aircraft made 63-26 NO crime. Operation of aircraft while 63-27 NO impaired (first offense). Airport obstructions illegal. 63-37.1 YES License required for commercial operation of unmanned aircraft 63-96 NO systems Licenses for sales organizations, management organizations and 65-57 NO brokers Penalties (violation of Article 9. 65-71 NO North Carolina Cemetery Act). Burial without regard to race or 65-72 NO color (violation of section). Falsely acting as inspector. 66-4 NO Failure of dealers of scrap, salvage, or surplus to keep record of 66-10(a) NO purchases of certain items misdemeanor Dealing in regulated metals 66-11 Repealed property; penalties (first offense). Violation of Article made misdemeanor (Article 4A. Safety 66-27.3 NO Features of Hot Water Heaters).

2019 Report of North Carolina Crimes | February 1, 2019 Page 140 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Sale of merchandise by governmental units (violation of 66-58 NO section). Manufacture or sale of antifreeze solutions compounded with 66-66 NO inorganic salts or petroleum distillates prohibited. Consequences of signing false certificate or violating Article (false information on assumed business 66-71.14(a) YES name certificate to be filed with Secretary of State). Penalty for violation; each practice a separate offense (unlawful to 66-75 NO engage in unfair trade practice). Advertising or conducting sale contrary to Article; penalty (Article 66-81 NO 17. Closing-Out Sales). Penalty for selling product in violation of Article (Article 18. 66-86 NO Labeling of Household Cleaners). Filing with Secretary of State (failure to file sale of business 66-97 NO opportunity). Bond or trust account required (failure of loan broker to surety 66-108 NO bond). Filing with Secretary of State (failure of loan broker to file 66-109 NO disclosure statement). Bond or trust account required (failure of rental referral agency to 66-145 NO post bond/establish a trust account). Certain sales prohibited (first 66-254.1 NO offense). Misdemeanor violations (Failure to keep/produce a record of new merchandise or falsify such record 66-257(a) NO under Article 32. Peddlers, Itinerant Merchants, and Specialty Markets).

2019 Report of North Carolina Crimes | February 1, 2019 Page 141 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Violations (Part 3. Regulation of Sales and Purchases of Metals) 66-424 NO (first violation). Penalty for attacks by dangerous 67-4.3 NO dogs. Destruction or sale of relic from 70-4 NO public lands made misdemeanor. Discovery of human remains and Notification of authorities 70-29, -40(a) YES (violation of section). False registration and use for immoral purposes made 72-37 Repealed misdemeanor. Operator knowingly permitting 72-38 Repealed violations, guilty of misdemeanor. Operation without license made 72-43 Repealed misdemeanor. Violations of Article made misdemeanor (Article 4. Licensing 72-44 Repealed and Regulation of Tourist Camps, etc.). Violation a misdemeanor (Article 6. Advertisements by Motor Courts, 72-51 NO Tourist Camps, etc.). Keeping false toll dishes 73-4 NO misdemeanor. Obstructing mining drains. 74-30 NO Enforcement (violation of provisions of Chapter 74C. Private 74C-17 YES Protective Services). Enforcement (violation of provisions of Chapter 74D. Alarm 74D-11 YES Systems). Penalties and enforcement (violation of provisions of Chapter 74E-13 NO 74E. Company Police Act). Penalties and enforcement 74G-13 NO (Chapter 74G. Campus Police Act). Licenses required; violation (Locksmith Licensing Act) (first 74F-3 NO violation). Unauthorized disclosure of tax information; violation a Class 1 75-28 NO misdemeanor.

2019 Report of North Carolina Crimes | February 1, 2019 Page 142 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Application for numbers; . . . award of certificates; etc. (unlawful for agent to charge or accept any 75A-5(e) Repealed additional fee, remuneration, or thing of value for services). Commercial fishing boats; renewal of number (unlawful to give false 75A-5.1(d) Repealed information on application or falsify tax receipt as required). Vessel agents. 75A-5.2 YES Operating boat or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging 75A-10(d) YES litter, etc. (willful pollution by medical waste of the waters of the State). Enforcement of Chapter (use of 75A-17(c) NO blue light). Surrender of certificate required when security interest paid (failure 75A-47 NO to surrender certificate of title). Levy of execution, etc. (fraudulent transfer/assignment of title after a 75A-48 YES levy and seizure). Power to compel examination (prohibiting release of information 75D-6 NO from RICO examination proceeding). Navigable waters; certain practices regulated (unlawful to place 76-40(a1)(1) YES medical waste in open waters of Atlantic Ocean). Compulsory use of pilots (Cape 76A-16 NO Fear River, violation of section). Compulsory use of pilots (Morehead City area, violation of 76A-46 NO section). Failure of owner of dam to keep 77-7 NO gates, etc. Obstructing passage of boats. 77-12 NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 143 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present NO discharge of treated or untreated sewage in coastal waters; duty of marina owner or 77-129 NO operator to report unlawful discharge Fraudulent use of timber 80-20 YES trademark, misdemeanor. Marking gold articles regulated (various illegal acts involving 80-40 YES marking gold). Marking silver articles regulated (various illegal acts involving 80-41 YES marking silver). Marking articles of gold plate regulated (various illegal acts 80-42 YES involving marking gold plate). Marking articles of silver plate regulated (various illegal acts 80-43 YES involving marking silver plate). Violation of Article misdemeanor (Article 5. Stamping of Gold and 80-44 YES Silver Articles). Offenses and penalties (violation of Chapter 81A. Weights and 81A-29 NO Measures Act of 1975, second and subsequent conviction). Persons other than members of State Bar prohibited from 84-4, -8 NO practicing law (violation of statute). Limited practice of out-of-state 84-4.1, -8 NO attorneys (violation of statute). Prohibition as to practice of law by 84-5, -8 NO corporation (violation of statute). Exacting fee for conducting foreclosures prohibited to all 84-6, -8 NO except licensed attorneys. District attorneys, upon application, to bring injunction or 84-7, -8 NO criminal proceedings (violation of statute). Unlawful for anyone except attorney to appear for creditor in 84-9, -8 NO insolvency and certain other proceedings.

2019 Report of North Carolina Crimes | February 1, 2019 Page 144 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Licenses required (unlawful to 85B-4(a), -9 NO auction without a license). Duties and powers of Board (neglect/refuse to obey subpoena issued by the State Board of 87-42 YES Examiners of Electrical Contractors). Practicing without license; practice defined; penalties (Article 1. 90-18 NO Practice of Medicine Act). Limited volunteer dental license (practice of dentistry other than as 90-37.1 NO authorized in this section). Unlawful practice of pharmacy. 90-85.21B, -85.40 NO Violations (Article 4A. North 90-85.40 NO Carolina Pharmacy Practice Act). Violations; penalties (possession of a controlled substance classified in 90-95(a)(3) and (d)(2) NO Schedule II, III, or IV Not listed as felony possession). Violations; penalties (possession of (1) greater than ½ ounce of 90-95(a)(3) and (d)(4) NO marijuana or (2) 1/20 ounce of hashish). Violations; penalties (possession in excess of 7 grams of synthetic 90-95(a)(3) and (d)(4) NO cannabinoid). Violations; penalties (possession of 90-95(d)(1) NO 1 gram or less of MDPV). Violations; penalties (violation of a Class 2 misdemeanor with a previous conviction under Article 5. 90-95(e)(4) NO North Carolina Controlled Substances Act). Prohibited acts; penalties (various 90-108 YES (7), (13), (14, (15) controlled substance offenses). Inhaling fumes for purpose of 90-113.10, -113.13 YES causing intoxication. Alcohol vaporizing devices 90-113.10A, -113.13 YES prohibited. Possession of substances 90-113.11, -113.13 NO Sale of substance. 90-113.12, -113.13 YES

2019 Report of North Carolina Crimes | February 1, 2019 Page 145 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Violation a misdemeanor (Article 5A. North Carolina Toxic Vapors 90-113.13 NO Act) Possession of drug paraphernalia. 90-113.22 YES Manufacture or delivery of drug 90-113.23 YES paraphernalia. Pseudoephedrine; restrictions on sales (sold to person under 18) 90-113.52(c), -113.56(b) YES (first offense for purchaser or employee). Electronic record keeping (certain information to be submitted before purchase of pseudoephedrine 90-113.52A, -113.56(b) YES product) (first offense for purchaser or employee). Pseudoephedrine transaction limits (more than two packages containing more than six grams) 90-113.53(a), -113.56(b) YES (first offense for purchaser or employee). Pseudoephedrine transaction limits (more than three packages containing more than nine grams 90-113.53(b),-113.56(b) YES within 30 days) (first offense for purchaser or employee). Glass tubes or splitters; restrictions 90-113.82(b), -113.83 YES on sales (false statement). Unauthorized practice; penalty for violation of Article (Article 6. 90-118.11 NO Optometry) Practice without license a misdemeanor; injunctions (Article 90-147 NO 8. Chiropractic Act). Violation of Article (Article 9A. 90-171.45 NO Nursing Practice Act). Unlawful to operate without written authority of Board (Article 90-210.84 NO 13E. Mutual Burial Associations). Penalty for failure to operate in substantial compliance with bylaws 90-210.88 NO (bylaws of the Burial Association).

2019 Report of North Carolina Crimes | February 1, 2019 Page 146 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalty for wrongfully inducing person to change membership 90-210.89 YES (membership of a burial association). Penalty for making false and fraudulent entries (making of false entries on the books of a burial 90-210.90 YES association with the intent to deceive or defraud any member thereof). Accepting applications without collecting fee and first assessment 90-210.91 NO (accepting application into a burial association). Free services; failure to make proper assessments, etc., made a misdemeanor (free funeral, 90-210.93 NO embalming, or ambulance services). Making false or fraudulent statement a misdemeanor (false or fraudulent statement made in 90-210.97 YES application for membership or obtaining money from any burial association). Licensing and inspection (refusal to obey subpoena issued by N.C. 90-210.123 NO Board of Funeral Service). [unlawful] Practice of dental 90-233 NO hygiene. False representation of license 90-270.78(b) NO prohibited. Penalties (Article 20A. Assisted Living Administrator Act; NO 90-288.20 NO certification). Violation a misdemeanor (Article 24. Licensed Professional 90-341 NO Counselors Act). Penalties (NO license/athletic 90-538 NO trainer). Enforcement; injunctive relief (Article 36. Massage and Bodywork 90-634(b3) NO Therapy Practice).

2019 Report of North Carolina Crimes | February 1, 2019 Page 147 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Violation a misdemeanor (Article 90-662 NO 38. Respiratory Care Practice Act). Violations; penalty; injunction (Article 4. Registrations of Environmental Health 90A-66 NO Specialists/rules and regulations of the Board of Environmental Health Specialists Examiners). Violations and penalties (Chapter 90C. N.C. Recreational Therapy 90C-36 NO Licensure Act). Unlawful use of title “certified 93-3, -13 NO public accountant” by individual. Use of title by firm. 93-4, -13 NO Use of title by corporation. 93-5, -13 NO Practice as accountants permitted; 93-6, -13 NO use of misleading titles prohibited. Public practice of accounting by 93-8, -13 NO corporations prohibited. Violation of Chapter; penalty (Chapter 93. Certified Public 93-13 NO Accountants). Penalty for violation of Chapter (Chapter 93A. Real Estate License 93A-8 NO Law). Registration required of time share projects; real estate salesmen 93A-40(a), -56 NO license required. Penalty for violation of Article 93A-56 NO (Article 4. Time Shares). License or certificate required of 93E-1-2.1, -1-13 NO real estate appraisers. Prohibited use of title; permissible 93E-1-3.1, -1-13 NO use of title. Disciplinary action by Board 93E-1-12(a), -1-13 NO (various violations). Violation of this Article; criminal and civil penalty (Article 5B - 95-47.21, -47.9(e) NO Regulation of Job Listing Services). Enforcement of Article; rules; hearing; penalty; criminal penalties (unlawful to operate as a private 95-47.9(e) NO personnel service without a license).

2019 Report of North Carolina Crimes | February 1, 2019 Page 148 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalty for violation of Article (Article 12 – Units of Government and Labor Unions, Trade Unions, 95-99 NO and Labor Organizations, and Public Employee Strikes). Violations; civil penalties; appeal; criminal penalties (violation of Article 14B – Amusement Device 95-111.13(i) YES Safety Act, second or subsequent convictions). Suspension of registration (tramway operator without 95-124 NO registration). Criminal penalties (willful violation of Article 16 - Occupational Safety and Health Act of North Carolina 95-139 YES which causes death of employee, subsequent convictions). Emergency information (unlawful disclosure of Hazardous Substance 95-194 YES List). Penalties (making a knowing false statement or misrepresentation, or failure to disclose a material fact to 96-18(a) YES obtain/increase a benefit under Chapter 96. Employment Security). Penalties (an employing unit or officer or agent of such unit making a knowing false statement or misrepresentation, or failure to 96-18(b) YES. . disclose a material fact to obtain/increase a benefit under Chapter 96. Employment Security). Penalties (violation of G.S. 105- 96-18(b1) NO 236(7)). Penalties (willful violation of 96-18(c) YES Chapter 96. Employment Security). Penalty for fraud (obtain/deny workers’ compensation, amount at 97-88.2(a) YES issue less than $1,000).

2019 Report of North Carolina Crimes | February 1, 2019 Page 149 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalty for health care providers (health care provider who knowingly charges/holds an 97-88.3(c) YES employee financially responsible for the cost of any services provided for a compensable injury). Legal and medical fees to be approved by Commission; misdemeanor to receive fees unapproved by Commission, or to 97-90 NO solicit employment in adjusting claims; agreement for fee or compensation. Employers required to give proof . . . criminal penalties for failure to secure payment of compensation 97-94(c) YES (employer neglects to secure compensation). Employers required to give proof . . . criminal penalties for failure to secure payment of compensation 97-94(d) YES (person with authority neglects to bring employer in compliance). Damaging, defacing, or destroying 102-4 YES monuments. Conveyance of property used for 104E-10.2, -23 YES radioactive material disposal. Inspections, agreements, and educational programs (obstruction of authorized representative of the 104E-11, -23 YES Department of Environment and Natural Resources). Impounding of materials (obstruction of authorized representative of the Department 104E-14, -23 YES of Environment and Natural Resources). Transportation of radioactive 104E-15, -23 YES materials. Prohibited uses and facilities. 104E-20, -23 YES Penalties; injunctive relief (violate various provisions of Chapter 104E-23 YES 140E). Confidential information protected. 104E-29 YES

2019 Report of North Carolina Crimes | February 1, 2019 Page 150 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalties; situs of violations; penalty disposition (willful failure 105-236(a)(8) YES to collect, withhold, or pay over tax). Penalties; situs of violations; penalty disposition (willful failure 105-236(a)(9) YES to file return, supply information, or pay tax). Criminal penalties (violation of 105-113.33 NO Article 2A. Tobacco Products Tax). Misdemeanor (violation of Article 2C. Alcoholic Beverage License and 105-113.73 NO Excise Taxes). Confidentiality of information (disclosure of information pursuant 105-113.112 NO to taxation Article). Registration (submitting a false application under Tax Credits for 105-163.013 REPEALED Qualified Business Investments part of Article 4. Income Tax). Advertisement to absorb tax 105-164.9 NO unlawful. Penalties (willful failure to collect, 105-236(8) YES withhold, or pay over tax). Penalties (willful failure to file return, supply information, or pay 105-236(9) YES. tax). Secrecy required of officials; 105-259 NO penalty for violation. Appeals to Property Tax Commission (willful failure or refusal to appear, to produce 105-290(d) YES subpoenaed documents, or to testify). Powers and duties of assessor (willful failure or refusal to appear, 105-296(g) YES to produce subpoenaed documents, or to testify). County board of equalization and review (willfully fail to appear, 105-322(g) YES produce documents, or testify in response to a subpoena).

2019 Report of North Carolina Crimes | February 1, 2019 Page 151 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Delivery of tax receipts to tax collector; prerequisites; procedure upon default (vote to deliver tax 105-352(d)(1) YES receipts before the tax collector has met prescribed requirements). Delivery of tax receipts to tax collector; prerequisites; procedure 105-352(d)(2) NO upon default (failure to account for prepayments). Prepayments (failure of chief accounting officer to perform his 105-359(e) NO duties). Procedure for attachment and garnishment (employer refuses to 105-368(i)(1) NO divulge list of employees liable for taxes). Procedure for attachment and garnishment (tax collector releases 105-368(i)(2) NO or discloses list). Settlements (failure to perform 105-373 NO duty). Penalties for highway use of dyed 105-449.117 NO diesel or other NOn-tax-paid fuel. Acts that are misdemeanors (various acts violating Article 36C. 105-449.120(a)(1) - (12) YES Gasoline, Diesel, and Blends). Miscellaneous provisions (offenses (1) through (9) under 105-449.120 apply to the Alternative Fuel 105-449.139(b) NO article; references to “motor fuel” are to be construed as references to alternative fuel). Joint duties of Commissioner and Board (willful violation of 106-22(3) YES regulations regarding cattle and cattle diseases). Joint duties of Commissioner and Board (willful violations of 106-22(5) YES regulations regarding insect pests). Violation a misdemeanor (willfully resist or interfere with agent 106-65.105D(e) YES engaged in official duties while using a deadly weapon).

2019 Report of North Carolina Crimes | February 1, 2019 Page 152 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalties (Article 4F. Uniform Boll 106-65.78 NO Weevil Eradication Act). Violation a misdemeanor (conducting rendering operations or collecting raw material in 106-168.15 NO violation of Article 14A. Licensing and Regulation of Rendering Plants and Rendering Operations). Violations (falsify records of reports of processed eggs in 106-245.38 YES violation of the Egg Promotion Tax). Distribution of milk in classification higher than that in which 106-263, -266 NO purchased. Failure to file reports, etc., made 106-265, -266 NO unlawful. Violation made misdemeanor (Article 28. Records and Report of 106-266 NO Milk Distributors and Processors). Penalties (violation of Article 28B. Regulation of Production, 106-266.14 REPEALED Distribution, etc., of Milk and Cream). False certification of purebred crop 106-275 NO seeds made misdemeanor. Interference with Commissioner, etc., or other violation a 106-284.20 NO misdemeanor; penalties. Manufacture and use of serum and 106-314 NO virus restricted. Penalties for violation of §§ 106- 361.1 to 106-316.5 (regarding anti- 106-316.4 NO hog-cholera serum). Penalties for violation (Hog Cholera 106-321 NO part). Violation of law a misdemeanor 106-349 YES (Tuberculosis part). Penalty for violation (Cattle Tick 106-362 YES part). Violation made misdemeanor 106-397 YES (Brucellosis (Bang’s Disease) part).

2019 Report of North Carolina Crimes | February 1, 2019 Page 153 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Punishment for sale of animals known to be infected, or under 106-398 YES quarantine. Penalties (violation of Feeding 106-405.9 YES Garbage to Swine part). Violation made misdemeanor 106-405.19 YES (Equine Infectious Anemia part). Regulation of use of livestock removed from market; swine 106-411 NO shipped out of State. Transportation, sale, etc., of diseased livestock; burden of proving health; movement to 106-414 NO laboratory; removal of identification. Violation made misdemeanor; responsibility for health, etc., of 106-417 YES animals (Article 35. Public Livestock Markets). Violation a misdemeanor; fraudulent or deceptive acts 106-451.28 NO (Article 38A. Cotton Warehouse Act). Organization and membership of tobacco boards of trade; rules and regulations; fire insurance and 106-465 NO extended coverage required; price fixing prohibited (refusal of bidder to pay for tobacco bid for). Violation of Article or rules made misdemeanor (Article 44. Unfair 106-501 NO Practices by Handlers of Fruits and Vegetables). Carnivals and similar amusements 106-516.1 NO Not to operate without permit. Violations made misdemeanor (Part 4. Supervision of Fairs and 106-520.7 NO Animal Exhibits, of Article 45). Interference with Inspector (with 106-549.34 YES use of a deadly weapon). Prohibited acts (Article 49D. 106-549.56, -549.59 NO Poultry Products Inspection Act). NO poultry in violation of Article 106-549.57, -549.59 NO processed.

2019 Report of North Carolina Crimes | February 1, 2019 Page 154 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Poultry Not for human 106-549.58, -549.59 NO consumption; records; registration. Regulations authorized (Article 49D. Poultry Products Inspection 106-549.61, -549.59 NO Act). Powers of Commissioner; subpoenas; mandamus; self- incrimination; penalties (neglect or 106-549.68(c)(1) NO refuse to attend and testify any lawful inquiry). Powers of Commissioner; subpoenas; mandamus; self- incrimination; penalties (willfully 106-549.68(c)(2) NO making a false statement in a report under the Poultry Inspection Act). Powers of Commissioner; subpoenas; mandamus; self- incrimination; penalties (unlawful 106-549.68(c)(4) NO publication of information without the authority of the Commissioner). Penalty for violation (Article 49E. Disposal of Dead Diseased Poultry 106-549.71 NO at Commercial Farms). Criminal penalties (false or misleading information on license 106-568.57(b) NO application, renewal, inspection or investigation). Criminal penalties (tamper with or 106-568.57(c) NO adulterate industrial hemp crop). Punishment for violations (various violations of Article 56. Commercial 106-668 NO Fertilizer Law). Fraudulent misrepresentation (receipt of public assistance $400 108A-39(a) YES or less). Fraudulent misrepresentation (obtains/attempts to obtain aid of 108A-53(a) YES food stamps $400 or less). Fraudulent misrepresentation (presentment of food stamps 108A-53(b) NO received in violation of food stamp regulations).

2019 Report of North Carolina Crimes | February 1, 2019 Page 155 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Fraudulent misrepresentation (receipt of stamps for any 108A-53(c) NO consumable item knowing stamps to be procured fraudulently). Fraudulent misrepresentation (receipt of stamps whose exchange 108A-53(d) NO is prohibited by the United States Department of Agriculture). Illegal possession or use of food stamps (uses, transfers or acquires; 108A-53.1(d) YES value of the stamps is less than $100). Protection of patient property (willful commingling of personal 108A-60(a)(1) and (b) YES, NO funds with health care facility funds). Medical assistance recipient fraud 108A-64(a), (b), (b1), and (value of assistance wrongfully YES , NO ,YES ,NO (c)(2) obtained is $400 or less). Confidentiality of records (violation 108A-80 NO of statute). Violation a misdemeanor (Article 3. Control Over Child-Caring 110-48 NO Facilities). Mandatory child care providers’ criminal history checks (child care provider intentionally falsifies any 110-90.2 NO information for the criminal history check). Mandatory compliance (unlawful to offer/provide child care without 110-98(1), -103 NO complying with the Child Care Facilities article). Fraudulent Misrepresentation (child care subsidy Not more than 110-107 NO $1,000) Violation of proclamation a misdemeanor (Governor’s 113-60.3 NO proclamation to close forests and woodlands). Use of spotter planes in commercial fishing operations 113-171.1 NO regulated.

2019 Report of North Carolina Crimes | February 1, 2019 Page 156 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present License required; general provisions governing licenses (Article 14B. Coastal Recreational 113-174.1(f) NO Fishing Licenses, Article 25A. Unified Licenses). New and renewal leases for shellfish cultivation; termination of leases issued prior to January 1, 1966 (leaseholder or agent 113-202(o) NO knowingly makes a false statement on form describing shellfish leasehold). New leases for marine aquaculture (false statement on required 113-217(o) NO forms). Arrest, service of process and witness fees of inspectors 113-222 NO (acceptance by inspector of fee to which he is Not entitled). Regulatory power over property of agency; public hunting grounds; scheduling of managed big game hunts (willful removal, damage, or 113-264 NO destruction to property of DENR or the Wildlife Resources Commission). Interference with artificial reef 113-266 NO marking devices. Robbing or injuring hatcheries and other aquaculture operations 113-269(b), (c) and (e) NO ,NO ,NO (value of fish or aquatic species $400 or less). Robbing or injuring hatcheries and other aquaculture operations 113-269(d) YES (willful destruction or injury to an aquaculture facility). License agents (various unlawful acts committed by licensing 113-270.1(d) NO agents). General provisions respecting licenses and permits (various violations of Article 21. Licenses 113-275(j) YES and Permits Issued by the Wildlife Resources Commission).

2019 Report of North Carolina Crimes | February 1, 2019 Page 157 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Licensees and permittees subject to administrative control; refusal to issue or reissue, suspension, and revocation of their licenses and 113-276.2(i) NO permits; court orders of suspensions (circumvent powers of the Executive Director). Suspension and revocation of licenses and permits in the discretion of the court; suspension of entitlement; court’s power 113-277(b) NO concurrent; definition of “conviction”; penalties (various violations during period of suspension). Unlawful use of firearms (if bodily injury Not leading to the disfigurement or total or partial 113-290, -290.1(a)(2) YES ,YES permanent disability of another person results from the unlawful activity). Unlawful use of firearms (if bodily injury leading to the disfigurement or total or partial permanent 113-290, -290.1(a)(3) YES disability of another person results from the unlawful activity). Unlawful use of firearms (if death 113-290, -290.1(a)(4) YES results from the unlawful activity). Unlawful use of firearms (person is convicted of hunting or taking wild 113-290, -290.1(d) NO animals or wild birds while his hunting license is suspended). Manner of taking wild animals and wild birds (unlawful to use firearm with a silencer/weapon of mass 113-291.1(c) NO death and destruction in taking wildlife). Specific violations (unlawful taking, possession, transportation, sale, 113-294(c1) NO possession for sale or purchase of any bear or bear part).

2019 Report of North Carolina Crimes | February 1, 2019 Page 158 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Specific violations (unlawful taking, possession transportation, sale, 113-294(c2) NO possession for sale or purchase of any cougar). Specific violations (unlawful taking, possession, or transportation of 113-294(c3) NO any elk). Specific violations (willfully making any false or misleading statement in order to secure a license, permit, 113-294(h) YES or other privilege or benefit to which the person in question is Not entitled). Specific violations (unlawful taking, possession, transportation, sale, or purchase of any bald or golden 113-294(l) NO eagle, alive or dead, or any part, nest or egg thereof). Specific violations (transporting or 113-294(o) YES breeding coyotes). Specific violations (importing or possessing black-tailed or mule 113-294(p) YES deer). Specific violations (G.S. 113- 291.1A. Computer-assisted remote 113-294(q) NO hunting prohibited) Unlawful harassment of persons taking wildlife resources (second or 113-295(a) YES subsequent conviction). Unlawful harassment of persons 113-295(a1) NO taking wildlife resources. Violations (Article 22 B. Interstate 113-300.8 NO Wildlife Violator Compact). Arrest, service of process and witness fees of protectors 113-303 NO (acceptance by protector of fee to which he is Not entitled). Legislative assent to specific federal acts (violation of subsection 113-307.1(a) NO regarding consent to federal acts and regulations). Bond of financial officer; audit (failure of chairman or executive 113-315.9(b) NO head to audit).

2019 Report of North Carolina Crimes | February 1, 2019 Page 159 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Unlawful acts; penalties (violation of Article 25. Endangered and 113-37 NO Threatened Wildlife and Wildlife Species of Special Concern). Violation a misdemeanor (Article 113-380 NO 27. Oil and Gas Conservation). Trade secret and confidential information determination; 113-391.1 NO protection; retention; disclosure to emergency personnel. Subsurface injection of waste 113-395.2 NO prohibited. Seismic or geophysical data 113-395.4 NO collection. Violation a misdemeanor; injunctive relief (unlawful placement of an advertising 113A-170 NO structure or junkyard along the Blue Ridge Parkway). Enforcement; penalties for violations (violation of Article 2. Energy Crisis Administration; 113B-24(b), 14-3 YES knowing or willful submission of false information in any report required by the article). Board of directors; powers and duties (aiding or abetting student’s 115C-23.866(3) NO unlawful absence from a regional school). Duties of teachers (making false reports, records, requisitions, or 115C-307 NO payrolls in performance of duties). Employee health certificate 115C-323 NO (violation of section). Assignment of student to a particular school (use of false 115C-366(a3) NO information to change schools). Penalty for violation (parent or guardian violation of Compulsory 115C-380 NO Attendance part). Board of Trustees; powers and duties (aids or abets unlawful 116-235(b)(2) NO absence from school).

2019 Report of North Carolina Crimes | February 1, 2019 Page 160 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Board of trustees; powers and duties (parent or guardian aiding or 116.239.8(5) NO abetting student’s unlawful absence from a lab school). Sale of automobile fuels and lubricants by deception as to 119-7, -13 NO quality, etc., prohibited. Sale of fuels, etc., different from 119-8, -13 NO advertised name prohibited. Imitation of standard equipment 119-9, -13 NO prohibited. Juggling trade names, etc., 119-10, 13 NO prohibited. Mixing different brands for sale under standard trade name 119-11, 13 NO prohibited. Aiding and assisting in violation of 119-12, -13 NO Article prohibited. Labels required on sealed containers; oil to meet minimum 119-13.2, -13.3 NO specifications. Bond or letter of credit required as a condition of obtaining and 119-15.3 NO keeping certain licenses (failure to comply with section). Certain kerosene sales prohibited. 119-16.3 NO Inspectors, clerks and assistants (inspector may Not be interested in 119-25 NO oils, gasoline or motor fuels). Powers and authority of inspectors (violation of motor fuel tax or 119-32 NO inspection laws/refusal to cooperate with inspector). Investigation and inspection of measuring equipment; devices calculated to falsify measures 119-33 NO (sell/possess any device used to falsify any measure). Adulteration of products offered 119-35 NO for sale. Violation a misdemeanor (violation of Article 3. Gas and Oil Inspection, 119-39 NO or any rules of various gasoline and oil governing bodies).

2019 Report of North Carolina Crimes | February 1, 2019 Page 161 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Unlawful acts (various violations). 119-58, -59 NO Sanctions for violations (violations of Article 5. Liquefied Petroleum 11-59 NO Gases). Improper receipt of decedent’s retirement allowance (Legislative 120-4.34 YES Retirement System) Commission duties (unlawful to 120-32(3) NO remove state-owned property). Use and maintenance of buildings and grounds (violation of 120-32.1 NO Legislative Administrative Officer rules). Punishment for violation (violation 120-47.9 YES of Lobbying article). Gifts by lobbyists and lobbyist’s principals prohibited (give a gift to 120C-303(a)(2) YES a third party for a designated individual). Punishment for violation. 120C-602 YES Violation of Article a misdemeanor (Article 3. Salvage of Abandoned 121-28 NO Shipwrecks and other Underwater Archaeological Sites). State/Local Consumer Advocate; 122C-20 YES penalty for willful interference. Offenses relating to clients (clients receiving treatment in a 24-hour 122C-65 NO mental health/substance abuse facility). Protection from abuse and exploitation; reporting (employee 122C-66(a1) NO or volunteer borrows or takes personal property from a client). Protection from abuse and exploitation; reporting (employee or volunteer fails to report abuse 122C-66(b) NO of client or taking of client’s personal property). Appropriate political activity of State employees defined (unlawful 126-13(b) NO to interfere with political activity while Not on duty).

2019 Report of North Carolina Crimes | February 1, 2019 Page 162 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Compensation for assisting person in obtaining State employment 126-18 NO barred; exception. Organizing company without 127A-151 NO authority. Placing name on muster roll 127A-152 YES wrongfully. Perjury; punishment (application pursuant to Article 1. Military 127B-5 YES Property Sales Facilities). Receiving compensation of subordinates for appointment or 128-4 NO retention; removal. Violations to be reported; misdemeanors (failure to report 128-12 NO violation of G.S. 128-11 [Trust funds to be kept separate]). Administration and responsibility for operation of system 128-28 NO (confidential information Not to be divulged). Improper receipt of decedent’s retirement allowance (Retirement 128-38.5 NO System for Cities, Counties and Towns) Protection against fraud. 128-32 YES Access to information. 130A-15 NO Embargo. 130A-21 NO Misdemeanor (violations of 130A-25 NO Chapter 130A). Violations of Article 4 (willfully and knowingly makes any false 130A-26A(a)(1) YES statement in a certificate, record, or report required by Article 4). Violations of Article 4 (removes or permits the removal of a dead 130A-26A(a)(2) YES body of a human being without authorization provided in Article 4). Violations of Article 4 (refuses or fails to furnish correctly any information in the person’s 130A-26A(a)(3) YES possession or furnishes false information affecting a certificate or record required by Article 4).

2019 Report of North Carolina Crimes | February 1, 2019 Page 163 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Violations of Article 4 (fails, neglects, or refuses to perform any act or duty required by Article 4 or 130A-26A(a)(4) YES by the instructions of the State Registrar prepared under authority of the Article). Violations of Article 4 (charges a fee for performing any act or duly required by Article 4 or by the 130A-26(a)(5) YES State Registrar pursuant to Article 4, other than fees specifically authorized by law). Disposal of beverage containers required to be recycled (ABC 130A-309.10(f3) NO permit holders); unclassified misdemeanor, G.S. 14-3. Disposal of beverage containers required to be recycled (distribute plastic containers marked 130A-309.10(e1) NO biodegradable but Not marked Not recyclable). Investigation and control measures (failure to comply with 130A-144, -25(a) NO communicable diseases control measures). Vaccination required (unlawful to own unvaccinated dog, cat, or 130A-185, -25(a) NO ferret). Notice and confinement of biting animals (failure to Notify local 130A-196(a), -25(a) NO health director). Additional requirement for commercial hazardous waste facilities (fail to maintain or make 130A-295.01(c) NO available off-site copies of waste inventory). Additional requirement for commercial hazardous waste 130A-295.01(d) NO facilities (fail to give Notice to certain nearby property owners). Additional requirement for commercial hazardous waste 130A-295.01(e) NO facilities (fail to provide certain information).

2019 Report of North Carolina Crimes | February 1, 2019 Page 164 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Additional requirement for commercial hazardous waste 130A-295.01(f) NO facilities (fail to provide security). Additional requirement for commercial hazardous waste 130A-295.01(h) NO facilities (fail to install on-site wind monitor). Confidential information protected (knowing disclosure of 130A-304 NO information). Requirements for computer 130A-309.93, -25 Repealed manufacturers. Requirements for television 130A-309.93A, -25 Repealed manufacturers. Requirements applicable to 130A-309.93B, -25 Repealed retailers. Requirements for computer 130A-309.134, -25 NO equipment manufacturers. Requirements for television 130A-309.135, -25 NO manufacturers. Requirements applicable to 130A-309.136, -25 NO retailers. Wastewater collection, treatment and disposal; rules (unlawful 130A-335(h), -25(a) NO disposal of portable toilet sewage). Photographs and video or audio recordings made pursuant to 130A-389.1(h) NO autopsy (remove, copy with intent to steal). Certification of adult care programs; purpose; definition; 131D-6 NO penalty (harm/willful neglect of person under care). Failure to provide information (regarding any local confinement 131D-13 NO facility). Penalties (willful violation of 131E-81(b) YES section). Penalties (violation of section/willful failure to perform 131E-109(d) NO “penalties” statute any act required by section).

2019 Report of North Carolina Crimes | February 1, 2019 Page 165 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Violation declared misdemeanor (operation of an ambulance 131E-161 NO without valid permit/after permit revoked). Criminal penalties (violation of 131F-22 YES Chapter 131F). Disposition of records at end of 132-4 NO official’s term (violation of section). Demanding custody (refusal to 132-5 NO deliver records). Gifts and favors regulated (between contractor and public 133-32 NO officer). Administration (social security 135-6(p) NO information shall Not be divulged). Protection against fraud. 135-10 NO Improper receipt of decedent’s retirement allowance (Teachers 135-18.11 YES and State Employees Retirement). Improper receipt of decedent’s retirement allowance (Judicial 135-75.2 YES Retirement). Improper receipt of decedent’s 135-111.1 YES Disability Income Plan allowance. Powers of Department of Transportation (violation of rules 136-18(5) NO and regulations regarding State highways). Powers of Department of Transportation (unlawful use or attempted use of the highway 136-18(9) NO right-of-way for commercial purposes). Powers of Department of Transportation (violation of rules 136-18(10) NO and regulations regarding placement of public facilities). Powers of Department of Transportation (unlawful to construct or alter an airport or 136-18(22) NO landing area without obtaining a written permit).

2019 Report of North Carolina Crimes | February 1, 2019 Page 166 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Closing of State highways during construction; injury to barriers, warning signs, etc. (driving on 136-26 NO closed highways; interference with barriers). Other than official signs prohibited. 136-32 NO Misleading signs prohibited. 136-32.1 NO Load limits for bridges; penalty for 136-72 NO violations. Fastening vessels to bridges 136-80 NO misdemeanor. Safety measures; guard chains or 136-89 NO gates (violation of section). Obstructing highways and roads 136-90 YES misdemeanor. Openings, structures, pipes, trees, and issuance of permits (unlawful 136-93 NO to make an opening in a highway, or placing a structure thereon). Openings, structures, pipes, trees, and issuance of permits (plant, cut, trim, prune, or remove any 136-93(b) NO vegetation in highway right-of-way without DOT permit). Authorization required for test drilling or boring upon right-of- way; filing of record of results with 136-102.2, -102.4 NO Department of Transportation (violation of section). Filing record of results of test drilling or boring with Secretary of Administration and Secretary of 136-102.3, 102.4 NO Environment, Health, and Natural Resources (violation of section). Compliance of subdivision streets with minimum standards of the 136-102.6 NO Board of Transportation required of developers (violation of section). Regulation of scenic easements (violation of rules and regulations regarding Article 10. Preservation, 136-125 Repealed etc., of Scenic Beauty of Areas along Highways).

2019 Report of North Carolina Crimes | February 1, 2019 Page 167 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Outdoor advertising vegetation 136-133.1(d), (f), (g) NO cutting or removal. Enforcement provisions (violation of Article 11. Outdoor Advertising 136-135 NO Control Act). Enforcement provisions (violation 136-145 NO of Article 12. Junkyard Control Act). Obstructing highways; defective crossings; Notice; failure to repair 136-192 NO after Notice misdemeanor. Ticket may be refused intoxicated person; penalty for prohibited 136-197 NO entry. Decennial review of metropolitan planning organization boundaries, 136-200.2(j) YES structure, and governance (violation of ethics provisions). Department authorized to establish Rural Transportation Planning 136-211(j) YES Organizations (violation of ethics provisions). Concealing or failing to disclose 138A-26 NO material information. Failure to file (Statement of 138A-25(d) NO Economic Interest). Failure to file (additional 138A-25(e) NO disclosure). Person expending an appropriation 143-32 YES wrongfully. Penalties and punishment for 143-34(a) NO violations (Executive Budget Act). Unauthorized use of public purchase or contract procedures 143-58.1 NO for private benefit. Division of appropriations to State institutions (unlawful to divert, use or expend any moneys 143-114, -115 NO appropriated to the current expenses of the institution). Motor vehicle laws applicable to State parks and forests road 143-116.8(b)(2), 20-141.5 NO system (speeding while eluding arrest).

2019 Report of North Carolina Crimes | February 1, 2019 Page 168 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Procedure for letting of public contracts; purchases from federal government by State, counties; etc. (unlawful to disclose the contents 143-129(b) NO of a bid without the permission of the bidder prior to invitation to open bidding). Withdrawal of bid (unlawful for a bidder who is permitted to withdraw to supply material or 143-129.1 NO labor to any person who has been awarded the contract for which the withdrawn bid was submitted). Engaging in business without 143-143.24 NO license a Class 1 misdemeanor. Violations; penalty; injunction (violation of Article 9C. North 143-151.18 NO Carolina Code Officials Qualification Board). Injury to water supply 143-152 NO misdemeanor. Prohibited disposal of medical 143-214.2A(c)(1) YES waste (willful violation of section). Violations and penalties (violation 143-215.58 NO of Floodplain regulation part). Rules and regulations (violation of a rule or regulation adopted by the 143-345.1 NO Governor with the approval of the Council of State). Authority to collect data; administration and enforcement; confidentiality (willfully refusing to 143-345.14(d) YES provide petroleum supply data, or willfully supplying false data). Disorderly conduct in and injury to 143-345.2 NO public buildings and grounds. Ordering powers and duties of the Commission (violation of the Environmental Management 143-354(c)(2) (b)-(e) repealed Commission rules during a period of emergency). Enforcement (violate emergency 143-355.6 NO water rules).

2019 Report of North Carolina Crimes | February 1, 2019 Page 169 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Subrogation rights; withholding of information a misdemeanor (from 143-547(f) YES the Division of Vocational Rehabilitation). State/Regional Long-Term Care Ombudsman; authority to enter; cooperation of government 143B-181.20(a) NO agencies; communication with residents (disclosure of information without proper authorization). Office of State/Regional Long-Term Care Ombudsman; penalty for 143B-181.25 YES willful interference. Soil and Water Conservation Commission -- creation; powers and duties; compliance inspections 143B-294 Recodified (obstructing agent/employee of the Commission). Economic Investment Committee 143B-437.54(c) NO Established (conflict of interest). Unauthorized use of public purchase or contract procedures 143B-1325 NO for private benefit prohibited. Offenses for violation of Chapter 143C-10-1(a) YES (Chapter 143C. State Budget Act). Cutting timber on land before 146-43 NO obtaining a grant. Unlawful to pay more than 147-9 NO allowance. Orders, rules and regulations (violation of a rule/regulation 147-33.3 NO promulgated by the Governor). Unauthorized use of public purchase or contract procedures 147-33.98 Repealed for private benefit prohibited. Punishment for violation (Article 147-54.42 NO 4C. Executive Branch Lobbying). Liability for false entries in his books (unlawful for the Treasurer 147-76 YES to make false entries). Deposits to be secured; reports of 147-79 NO depositories (violation of section). Deposit in other banks unlawful; 147-80 NO liability.

2019 Report of North Carolina Crimes | February 1, 2019 Page 170 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Health and Wellness Trust Fund; Commission established; 147-86.32(i) NO membership qualifications; vacancies (conflict of interest). Escaping or attempting escape from State prison system; etc. 148-45(a) NO (charged with or convicted of a misdemeanor). Escaping or attempting escape from State prison system; etc. (aid 148-45(d) NO or assistance to escape/attempt to escape). Disclosure of certain information 153A-148.1 NO prohibited. Supervision of local confinement 153A-224 NO facilities (violation of statute). Medical care of prisoners (local confinement facility; violation of 153A-225 NO statute). Penalties for transferring lots in 153A-334 NO unapproved subdivisions. Failure to perform duties (member 153A-356 YES of inspection department). Permits (violation of section). 153A-357 NO Stop orders (violation of stop 153A-361 NO orders). Removing Notice from condemned 153A-367 NO building. Failure to comply with order. 153A-371 NO Duty of board; refusal to comply with their requirements 156-33 NO misdemeanor. Sheriff to make monthly 156-111 NO settlements; penalty. Duty of treasurer to make 156-112 YES payment; penalty. Conveyance of land; change in assessment roll; procedure (willful failure of the chairman/member of 156-114(e) NO the board of drainage commissioners to discharge duty). Penalty for failure (board of commissioners fail to file 156-132 NO statements or accounts).

2019 Report of North Carolina Crimes | February 1, 2019 Page 171 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Fraudulent misrepresentation (person continues to receive 157-29.1 YES housing assistance Not more than $400). Annual independent audit; rules and regulations (government 159-34(a) NO employee falsifying information to mislead auditor). Power of investigation; subpoena power (willful false swearing under 160A-80 NO oath at council investigation). Disclosure of certain information 160A-208.1 NO prohibited. Penalties for transferring lots in 160A-375 NO unapproved subdivisions. Board of adjustment (willful false swearing before board of 160A-388 NO adjustment). Failure to perform duties (member 160A-416 YES of an inspection department). Permits (violation of section). 160A-417 NO Stop order (violation of stop order). 160A-421 NO Certificates of compliance 160A-423 NO (violation of section). Removing Notice from condemned 160A-427 NO building. Failure to comply with order (order 160A-431 NO to take corrective action). Ordinance authorized as to repair, closing, and demolition; order of 160A-443(4) NO public officer (occupation of building posted to be unfit). Index of registered instruments 161-22 NO (violation of section). Register of deeds failing to 161-27 NO discharge duties; penalty. Injury to prisoner by jailer. 162-55 NO Scope and general rules (knowingly disclose how an individual has 163-165.1(e) NO voted on an official voted ballot or record).

2019 Report of North Carolina Crimes | February 1, 2019 Page 172 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Certain acts declared misdemeanors (knowingly disclose 163-274(b) NO how an individual has voted on an official voted ballot or record). Basic disclosure requirements for all political campaign 163-278.39(c) NO advertisements (misrepresentation of authority). Detailed accounts to be kept by 163-278.307, 278.301 NO treasurer. Limitations on contributions. 163-278.308,-278.301 NO Organizational report. 163-278.309, -278.301 NO Quarterly report. 163-278.310, -278.301 NO Limitations on contributions (make or accept a contribution that lacks 163-278.316(a), -278.301 NO a specific designation). Limitations on contributions (legal expense fund to accept contributions from a corporation, 163-278.316(d), -278.301 NO etc., in excess of $4,000 per calendar year). Limitations on contributions (entity to make a contribution to a legal 163-278.316(e), -278.301 NO expense fund prohibited under subsection (d)). Permitted uses of legal expense funds (use funds for purpose other 163-278.320(a), -278.301 NO than reasonable expenses actually incurred). Permitted uses of legal expense funds (treasurer to distribute remaining monies in the fund to 163-278.320(b), -278.301 NO any entity other than those listed in the subsection). Violation of Article a misdemeanor 7B-3703 NO (Placement of Juveniles). Penalties (takes an acknowledgment/performs a verification or proof without 10A-12(b) Repealed personal knowledge of the signor’s identity). Simple assault or a simple assault and battery or participates in a 14-33(a) NO simple affray.

2019 Report of North Carolina Crimes | February 1, 2019 Page 173 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Hazing; definition and punishment. 14-35 NO Enticing minors out of State for the 14-40 NO purpose of employment. Unlawful arrest by officers from 14-43.1 NO other states. Communicating libelous matter to 14-47 NO newspapers. Unauthorized taking or sale of labeled dairy milk cases or milk 14-72.4 NO crates bearing the name or label of owner. Taking horses, mules, or dogs for 14-82 NO temporary purposes. Obtaining property by false representation of pedigree of 14-102 YES animals. Obtaining advances under promise 14-104 YES to work and pay for the same. Obtaining advances under written promise to pay therefor out of 14-105 NO designated property. Manufacture, sale, or gift of devices for slot machines, 14-109 NO etc. Defrauding innkeeper or 14-110 NO campground owner. Obtaining ambulance services without intending to pay therefor - 14-111.1 YES Buncombe, Haywood and Madison Counties. Obtaining ambulance services without intending to pay therefor - 14-111.2 YES certain named counties. Obtaining merchandise on 14-112 NO approval. Obtaining money by false 14-113 NO representation of physical defect. Use of false or counterfeit credit device; unauthorized use of 14-113.1, - 113.6 YES another’s credit device; use after Notice of revocation. Avoiding or attempting to avoid payment for telecommunication 14-113.4, -113.6 NO services.

2019 Report of North Carolina Crimes | February 1, 2019 Page 174 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Making, distributing, possessing, transferring or programming 14-113.5, -113.6 NO device for theft of telecommunication service. Financial transaction card fraud (except value greater than $500 14-113.13, -113.17(a) NO obtained in a 6-month period). Criminal receipt of goods and services fraudulently obtained 14-113.15, -113.17(a) NO (value less than $500 obtained in a 6-month period). Fraudulent disposal of personal property on which there is a 14-114 NO security interest. Secreting of property to hinder enforcement of lien or security 14-115 NO interest. Fraudulent and deceptive 14-117 NO advertising. Simulation of court process in connection with collection of claim, 14-118.1 NO demand or account. Assisting, etc., in obtaining academic credit by fraudulent 14-118.2 NO means. Acquisition and use of information obtained from patients in hospitals 14-118.3 NO for fraudulent purposes. Disorderly conduct in and injuries 14-132 NO to public buildings and facilities. Setting fire to grass and brushlands and woodlands (NO intent to 14-136 YES damage property shown, first offense). Willfully or negligently setting fire 14-137 YES to woods and fields. Injuries to dams and water 14-142 NO channels of mills and factories. Injuring houses, churches, fences 14-144 YES and walls. Removing, altering or defacing 14-147 YES landmarks. Tampering with engines and 14-153 YES boilers.

2019 Report of North Carolina Crimes | February 1, 2019 Page 175 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Injuring fixtures and other property 14-156 YES of electric-power companies. Interfering with telephone lines. 14-158 NO Trespass to land on motorized all- 14-159.3 NO terrain vehicle. Trespass for purposes of hunting, etc., without written consent a 14-159.6(a) YES misdemeanor. First degree trespass. 14-159.12(b) NO Willful and wanton injury to personal property; punishments 14-160(a) YES (damage $200 or less). Removing boats. 14-162 NO Assaulting a law enforcement agency animal, an assistance animal, or a search and rescue 14-163.1(d) YES animal (willfully taunt, tease, harass, delay, obstruct, or attempt to delay or obstruct). Malicious or willful injury to hired 14-165 NO personal property. Subletting of hired property. 14-166 NO Hiring with intent to defraud. 14-168 NO Fornication and adultery. 14-184 NO Opposite sexes occupying same bedroom at hotel for immoral 14-186 NO purposes; falsely registering as husband and wife. Certain evidence relative to keeping disorderly houses 14-188 NO admissible; keepers of such houses defined; punishment. Indecent exposure. 14-190.9 YES Displaying material harmful to 14-190.14 NO minors. Using profane, indecent or threatening language to any person over telephone; annoying or 14-196 NO harassing by repeated telephoning or making false statements over telephone. Cyberstalking. 14-196.3 NO Obstructing way to places of public 14-199 YES worship.

2019 Report of North Carolina Crimes | February 1, 2019 Page 176 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Restrictions as to adult establishments (second or 14-202.11, -202.12 NO subsequent offense). Resisting officers. 14-223 YES False reports to law enforcement 14-225 YES agencies or officers. Interference with electronic monitoring devices (any other 14-226.3(e), (b) NO person). Interference with electronic monitoring devices (any other 14-266.3(e), (c) NO person solicits another). Secret listening to conference 14-227.1, -227.3 YES between prisoner and his attorney. Secret listening to deliberations of 14-227.2, -227.3 YES grand or petit jury. Solicitation during school hours 14-238 NO without permission of school head. Private use of publicly owned 14-247, -251 NO vehicle. Obtaining repairs and supplies for 14-248, -251 NO private vehicle at expense of State. Carrying concealed weapons (other 14-269(a) YES than pistol or gun). Carrying concealed weapons (pistol 14-269(a1) YES or gun, first offense). Obstruction of health care facilities 14-277.4 NO (first offense). Targeted picketing of a residence. 14-277.4A NO Unlawful injury to property of 14-279 NO railroads. Unlawful impairment of operation 14-279.1 YES of railroads. Operating trains and streetcars 14-281 NO while intoxicated. Regulation of sale of explosives; 14-284.1 NO reports; storage. Giving false fire alarms; molesting fire-alarm, fire-detection or fire- 14-286 YES extinguishing system. Leaving unused well open and 14-287 NO exposed. Disorderly conduct. 14-288.4 YES

2019 Report of North Carolina Crimes | February 1, 2019 Page 177 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Failure to disperse when commanded a misdemeanor; 14-288.5 YES prima facie evidence. Authority of Governor to exercise 14-288.15 Repealed control in emergencies. Governor’s power to order 14-288.19 Repealed evacuation of public building. Violation of emergency 14-288.20A NO prohibitions and restrictions. Advertising lotteries. 14-289 NO Dealing in lotteries. 14-290 NO Selling lottery tickets and acting as 14-291 NO agent for lotteries. Selling “numbers” tickets; possession prima facie evidence of 14-291.1 NO violation. Pyramid and chain schemes 14-291.2 NO prohibited. Gambling. 14-292 NO Allowing gambling in houses of 14-293 YES public entertainment; penalty. Gambling with faro banks and 14-294 NO tables. Keeping gaming tables, illegal punchboards or slot machines, or 14-295 NO betting thereat. Allowing gaming tables, illegal punchboards or slot machines on 14-297 YES premises. Opposing destruction of gaming 14-300 NO tables and seizure of property. Operation or possession of slot 14-301, -303 NO machines; separate offenses. Punchboards, vending machines, and other gambling devices; 14-302, -303 NO separate offenses. Bingo (licensed exempt 14-309.5(b) NO organization violation). Accounting and use of proceeds. 14-309.11 NO Beach bingo (greater than $10 but 14-309.14(1) NO less than $50 prize). Beach bingo (operating game 14-309.14(5) NO without a license).

2019 Report of North Carolina Crimes | February 1, 2019 Page 178 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Beach bingo (providing false 14-309.14(5)c NO information on license application). Raffles. 14-309.15 NO Youth access to tobacco products, tobacco-derived products, vapor products, and cigarette wrapping 14-313(b) NO papers (sale or distribution of tobacco products to a person under 18). Youth access to tobacco products, tobacco-derived products, vapor products, and cigarette wrapping 14-313(b1) NO papers (failure to demand proof of age when vending products from a machine). Youth access to tobacco products, tobacco-derived products, vapor products, and cigarette wrapping 14-313(c) NO papers (purchase of a tobacco product by a person under 18 years). Youth access to tobacco products, tobacco-derived products, vapor products, and cigarette wrapping 14-313(d) NO papers (send, aid or abet a person under 18 years to purchase a tobacco product). Permitting young children to use 14-316 YES dangerous firearms. Abandonment and failure to support spouse and children (first 14-322 Repealed offense). Parents; failure to support (first 14-326.1 NO offense). Manufacturing, trafficking in, transporting, or possessing poisonous alcoholic beverages 14-329(c) NO (transport, sell or possess for purpose of sale). Unauthorized dealing in railroad 14-343 NO tickets. Sale of admission tickets in excess 14-344 NO of printed price.

2019 Report of North Carolina Crimes | February 1, 2019 Page 179 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Sale of convict-made goods 14-346 NO prohibited. Influencing agents and servants in 14-353 NO violating duties owed employers. Abandonment of animals. 14-361.1 YES Animal fights, other than cock 14-362.1(a), (b) and (c) NO fights, and animal baiting. Molesting or injuring livestock. 14-366 NO Placing poisonous shrubs and 14-368 NO vegetables in public places. Wrongfully obtaining or divulging 14-370 NO knowledge of telephonic messages. Violating privacy of telegraphic messages; failure to transmit and 14-371 NO deliver same promptly. Unauthorized opening, reading or publishing of sealed letters and 14-372 YES telegrams. Bribery of horse show judges or 14-380.1 NO officials. Bribery attempts to be reported. 14-380.2 NO Desecration of State and United 14-381 YES States flag. Cutting timber on town watershed without disposing of boughs and 14-383 NO debris; misdemeanor. Sexual harassment. 14-395.1 NO Tattooing; body piercing 14-400 NO prohibited. Misdemeanor to tamper with 14-401.1 NO examination questions. Misdemeanor for detective to 14-401.2 NO collect claims, accounts, etc. Inscription on gravestone or monument charging commission of 14-401.3 NO crime. Practice of phrenology, palmistry, fortune-telling or clairvoyance 14-401.5 Repealed prohibited. Unlawful to possess, etc., tear gas 14-401.6 NO except for certain purposes. Soliciting advertisements for official publications of law- 14-401.10 NO enforcement officers’ associations.

2019 Report of North Carolina Crimes | February 1, 2019 Page 180 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Unlawful removal or destruction of electronic dog collars (second or 14-401.17 YES subsequent offense). Filing false security agreements 14-401.19 NO Sale of certain weapons without 14-402 NO permit forbidden. Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff’s fee (failure to 14-404(h)(5) NO surrender permit upon Notice of revocation). Dealer to keep record of sales. 14-406, -408 NO Manufacture, sale and use of pyrotechnics prohibited; 14-410 -415 NO exceptions; sale to persons under the age of 16 prohibited. Violations of this Article punishable as an infraction (violations other than under subsection (a) or (a1) 14-415.21(b) NO punishable as Class 2 misdemeanors). Certification of qualified retired law 14-415.26 NO enforcement officers. Regulation of ownership or use of 14-417, -422(a) NO venomous reptiles. Regulation of ownership or use of 14-417.1, -422(a) NO large constricting snakes. Regulation of ownership or use of 14-417.2, -422(a) NO crocodilians. Prohibited handling of reptiles or suggesting or inducing others to 14-418, -422(a) YES handle. Engaging, etc., in business of debt 14-424 NO adjusting a misdemeanor. Cyber-bullying; penalty (defendant 14-458.1 NO is under 18). Cyber-bullying of school employee 14-458.2 NO by student; penalty. Persons prohibited from becoming 15A-541 NO surety. False qualification by surety. 15A-542 NO Penalties for failure to appear (release was in connection with a 15A-543(c) NO misdemeanor charge).

2019 Report of North Carolina Crimes | February 1, 2019 Page 181 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Rights of accused persons; application for writ of habeas 15A-731, -730 YES corpus (penalty for noncompliance). Sale to or purchase by underage persons (aider or abettor under the 18B-302(c)(1) NO lawful age to purchase). Inspection of licensed premises 18B-502(b) NO (obstruction of inspection). Violation of Article (Article 2. 19A-13 NO Protection of Black Bears). Penalty for acting as dealer without license; disposition of animals in 19A-34 NO custody of unlicensed dealer. Issuance and renewal of driver’s license (operation of vehicle that 20-7(a), -35(a) NO driver is unauthorized to operate). Issuance and renewal of driver’s license (operation of motorcycle 20-7(a1), -35(a) NO without a license). Issuance and renewal of driver’s licenses (operation of motor 20-7(1), and (m), -35(a) NO vehicle without complying with restriction) Age limits for drivers of public 20-10, -35(a) NO passenger-carrying vehicles. Mopeds (unlawful to drive if under 20-10.1, -35(a) NO 16). Application of minors. 20-11 NO Impaired instruction. 20-12.1, -35(a) NO Surrender of license. 20-29 NO Commissioner may require reexamination; issuance of limited 20-29.1, -35(a) NO or restricted licenses. Violations of license or learner’s 20-30(1)-(4), (6), (8), -35(a) YES permit provisions. Unlawful to permit unlicensed 20-32, -35(a) NO minor to drive motor vehicle. Verification of driver’s license information (collect or retain 20-37.02(c) NO information obtained through the use of the electronic system).

2019 Report of North Carolina Crimes | February 1, 2019 Page 182 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Parking privileges for handicapped drivers and passengers (unlawful to 20-37.6(c3) NO sell handicapped license plate or placard). Special identification card (fraud or misrepresentation in application of 20-37.7 NO or use thereof). Fraudulent use prohibited. 20-37.8 YES Publicly owned vehicles to be marked; private license plates on publicly owned vehicles (failure to 20-39.19(g) NO return a license or registration plates issued pursuant to this subsection). Seizure of documents and plates (failure to surrender ownership 20-45(b) NO document, license, plate, or duplicate thereof). Division may summon witnesses and take testimony (failure to obey 20-47(b) NO summons). Owner to secure registration and certificate of title; temporary 20-50, -176(c) YES registration markers (failure to obtain registration or title). Manufacturer’s certificate of transfer of new motor vehicle (delivery or acceptance of a 20-52.1(c) NO manufacturer’s certificate assigned in blank). Registration of Mopeds; certificate 20-53.4 NO of title (pursuant to 20-176). Registration of plates furnished by the Division; etc. (operating with 20-63(f) YES false numbers). Registration of plates furnished by the Division; etc. (alteration, 20-63(g) YES disguise or concealment of numbers). Renewal of vehicle registration (unlawful to operate vehicle on 20-66(g), -176(c) NO highway after sticker expires). Failure to disclose damage to a 20-71.4 NO vehicle shall be a misdemeanor.

2019 Report of North Carolina Crimes | February 1, 2019 Page 183 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Transfer by owner (delivery or acceptance of certificate of title 20-72(b) NO assigned in blank). New owner must get new 20-73 NO certificate of title. When transferee is dealer or insurance company (delivery or 20-75 NO acceptance of certificate of title assigned in blank). Partial payments (use of tag 20-94 NO without payment). Remedies for the collection of taxes (unlawful for delinquent taxpayer to operate vehicle for 20-99(c), -176(c) Repealed common carriage of passengers and property). False report of theft or conversion 20-102.1 NO a misdemeanor. Injuring or tampering with vehicle. 20-107 YES Vehicles or component parts of vehicles without manufacturer’s 20-108 YES numbers (unlawful possession of vehicle/part). Violation of registration provisions (failure/refuse to surrender a canceled or revoked title 20-111(4), -176(c) NO certificate/registration card/registration number plate). Size of vehicles and loads (operation of vehicle whose gross 20-116(h) NO vehicle weight/axle load extends maximum limits posted). Officers may weigh vehicles and require overloads to be removed (failure to permit vehicle to be 20-118.1, -176(c) NO weighed or to remove an overload). Operation of flat trucks on State highways regulated; trucks hauling 20-120 NO leaf tobacco in barrels or hogsheads (violation of section). Brakes (sale of NOn-approved 20-124(h) NO hydraulic brake fluid).

2019 Report of North Carolina Crimes | February 1, 2019 Page 184 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Location of television viewers (unlawful to place television screen 20-136.1, -176(c) NO at any part forward of the back of the driver’s seat). Unlawful use of a mobile phone. 20-137.4 NO Unlawful use of mobile telephone for text messaging or electronic 20-137.4A NO mail (while operating a school bus). Driving by person less than 21 years old after consuming alcohol 20-138.3 NO or drugs. Transporting an open container of alcoholic beverage after consuming 20-138.7 NO alcohol (second or subsequent offense). . 20-140 YES Speed restrictions (driving a commercial vehicle with a load subject to a permit while in excess of 15 miles per hour above either 20-141(j3) NO the posted speed limit or the restricted speed of the load permit). Unlawful racing on streets and highways (willfully in speed 20-141.3(b) YES competition with another motor vehicle). Overtaking a vehicle (failure to comply with this section is the proximate cause of a collision 20-149(b)(2) NO resulting in bodily injury or property damage). Approach of police, fire department or rescue squad vehicle or ambulances; driving over fire hose or blocking fire-fighting 20-157(a) NO equipment; parking, etc., near police, fire department, or rescue squad vehicle or ambulance (violation of subsection). Reports and investigations required in event of accident (violation of 20-166.1, -176(c) NO section).

2019 Report of North Carolina Crimes | February 1, 2019 Page 185 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Standing, sitting or lying upon 20-174.1 NO highways or streets prohibited. Pedestrians soliciting rides, employment, business or funds 20-175(e) NO upon highways or streets. Nonsupport of illegitimate child by 49-2 YES parents made misdemeanor. False statement regarding 50B-4.2 YES protective order a misdemeanor. Registration requirement (Refund 53-247 NO Anticipation Loan Act). Breach of marketing contract of cooperative association; spreading false reports about the finances of 54-157 YES management thereof; misdemeanor. Prohibition against payment or receipt of title insurance kickbacks, 58-27-5 NO rebates, commissions and other payments. Qualifications of operator; federal 63-20, -23 NO license (violation of statute). Possession and exhibition of license certificate (violation of 63-21, -23 NO statute). Aircraft; construction, design and airworthiness; federal registration 63-26.1 NO (violation of statute). Reporting of complaints (knowingly filing a false and frivolous complaint alleging employer’s 64-28 NO failure to verify work authorization). Transportation of copper (violation 66-11.1 Repealed of section). Violation made misdemeanor (Electrical Materials, Devices, 66-27 NO Appliances and Equipment article). Persons who sell used goods on consignment must keep certain 66-67.2 NO records (violation of section). Permits required (purchase of 66-165, -172 NO precious metals).

2019 Report of North Carolina Crimes | February 1, 2019 Page 186 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Perjury; punishment (in application 66-167 NO for purchaser of precious metals). Items not to be modified. 66-170 Reserved for future codification Purchasing from juvenile. 66-171 NO Penalties (violation of Regulation of 66-172 NO Precious Metal Business article). Portable smelters prohibited 66-173 Reserved for future codification Misdemeanor violations (failure to display retail sales tax 66-257(b) NO license/maintain daily registration list). License required (conduct business 66-389, -396 NO as pawn broker). Record-keeping requirements for 66-391, -396 NO pawnbrokers. Record-keeping requirements for 66-392, -396 NO cash converters and e-buyers. Prohibitions. 66-395, -396 NO Penalties 66-396 YES Permits (purchase of precious 66-407, -413 NO metals). Perjury; punishment (in application 66-408 YES for purchaser of precious metals). Items Not to be modified. 66-411, -413 NO Purchasing from juvenile. 66-412, -413 NO Penalties (violation of Regulation of 66-413 NO Precious Metal Business article). Portable smelters prohibited. 66-414 NO Criminal penalties (willful violation of Mine Safety and Health Act which causes death/serious physical harm; making false 74-24.14 YES statement in document required under Article; knowingly selling equipment Not in compliance with Article). Operating boat or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging 75A-10(a) YES litter, etc. (operation of vessel or other water device in a reckless or dangerous manner).

2019 Report of North Carolina Crimes | February 1, 2019 Page 187 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Operating boat or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging 75A-10(b) NO litter, etc. (operation of a water device while under the influence of an impairing substance). Operating boat or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging 75A-10(b1) NO litter, etc. (operation of a motor vessel while under the influence of an impairing substance/DWI). Personal watercraft (livery’s failure 75A-13.3(c1) NO to carry liability insurance). Boating safety course. 75A-16.1 NO Enforcement of Chapter (stop 75A-17(e) NO when directed). Navigable waters; certain practices regulated (unlawful to place trash 76-40(a) NO in State navigable waters). Navigable waters; certain practices regulated (unlawful to erect sign or 76-40(b) NO structure on floor of State navigable waters). Navigable waters; certain practices regulated (failure to remove sign or 76-40(c) NO structure from floor of State navigable waters). Interfering with buoys, beacons, 76-58 YES and day marks. Obstructing streams a 77-13 NO misdemeanor. Obstructions in streams and 77-14 NO drainage ditches. Misleading filings (willful violation other than knowing the statement 78A-9, -57 NO made to be false or misleading in any material aspect). Misleading filings (willful violation other than knowing the statement 78C-9, -39 NO made to be false or misleading in any material aspect).

2019 Report of North Carolina Crimes | February 1, 2019 Page 188 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Criminal use of counterfeit trademark (retail value of goods or 80-11.1(b)(1) NO services exceeding $3000). Violation a misdemeanor (Registration and Protection of 80-66 NO Livestock Brands article). Commodities to be sold by weight, measure or numerical count 81A-24, -29 NO (unlawful to sell liquid in any other manner, first offense). Offenses and penalties (various weight and measure offenses, first 81A-29 NO offense). Control of condemned or rejected 81A-76, -80 NO scale (unauthorized use). Secondhand scale (unauthorized 81A-77, -80 NO use). Scale location (unlawful to give 81A-78, -80 NO false indication of weight values). Suspension or revocation of registration; penalty (violation of 81A-80 NO Scale Technician article). Violations of Chapter; penalties. 83A-16 NO Unauthorized practice of contracting; impersonating 87-13 NO contractor; false certificate; giving false evidence to Board; penalties. Violations made misdemeanor; employees of licenses excepted (unlawful to do business in 87-25 NO plumbing/heating/fire sprinkler contracting without license). Penalty for violation of Article; powers of Board to enjoin violation 87-48 NO (Electrical Contractors article). Unlawful practice. 88A-4 YES Violation a misdemeanor; injunction to prevent violation 89A-8 NO (non-registered landscape architecture practice).

2019 Report of North Carolina Crimes | February 1, 2019 Page 189 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Unlawful to practice engineering or land surveying without registration; unlawful use of title or 89C-23 NO terms; Attorney General to be legal advisor. Prohibitions; unlawful acts (various violations of Chapter 89E. Geologist 89E-18, -22 NO Licensing Act). Misdemeanor (unlawful to practice/appear/present oneself as 89E-22 YES a geologist without license; violation of Chapter). Prohibitions; unlawful acts (various violations of Chapter 89F. North 89F-19, -22 NO Carolina Soil Scientist Licensing Act). Misdemeanors (unlawful to practice/appear/impersonate a soil 89F-22 YES scientist without license; violation of Chapter). Rules and regulations of Board; violation a misdemeanor 90-48 NO (Dentistry). Violations; penalties (possession of a controlled substance classified in 90-95(a)(3) and (d)(3) NO Schedule V). Violations; penalties (violation of an offense under this Article which requires a suspended sentence 90-95(e)(7) NO with a previous conviction under this Article). Advertisement of drug 90-113.24 YES paraphernalia. Glass tubes or splitters; restrictions 90-113.82, -113.83 YES on sales. Rules and regulations of Board; violation a misdemeanor 90-124 NO (Optometry). Licensing (engaging in business of transporting dead body without a 90-210.25(c) NO permit).

2019 Report of North Carolina Crimes | February 1, 2019 Page 190 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Licensing (holding oneself out as practicing the profession of funeral directing, embalming, or funeral 90-210.25(f) NO service, or operating a funeral establishment, without complying with licensing provisions). Rulemaking, applicability, violations, and prohibitions of 90-210.134 NO Article (violations of Cremations article). Prohibited acts (practice marriage or family therapy without a 90-270.48, -270.61 NO license). Penalties (engage in practice of marriage and family therapy 90-270.61 NO without a license). Unlawful acts (Certified Industrial 90-516 NO Hygienists). Remedies (Article 5. Certification of On-Site Wastewater Contractors 90A-81(d) NO and Inspectors). Violation a misdemeanor (violation 90B-12 NO of Chapter). License required (conduct business 91A-5, -11 Re-codified by SL 2012-46 as pawn broker). Record-keeping requirements for 91A-7 Re-codified by SL 2012-46 pawnbrokers. Record-keeping requirements for 91A-7.1 Re-codified by SL 2012-46 cash converters. Prohibitions. 91A-10, -11 Re-codified by SL 2012-46 Penalties. 91A-11 Re-codified by SL 2012-46 Practice without license unlawful (engage in any activity within the 93D-2, -15 NO scope of practice of a hearing aid specialist). Violation of Chapter (North Carolina State Hearing Aid Dealers 93D-15 NO and Fitters Board). Illegal act (interfere with/refuse to cooperate with the Commissioner 95-25.21 YES of Labor).

2019 Report of North Carolina Crimes | February 1, 2019 Page 191 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Inspection certificates required; misrepresentation as inspector 95-69.18 NO (knowing and willful misrepresentation). Violations; criminal penalties (misrepresent as authorized 95-69.20(a) YES inspector). Violations; criminal penalties (make 95-69.20(b) YES false statement). Operation of unsafe device or 95-110.8, -110.11 YES equipment. Violations; criminal penalties (misrepresentation as authorized inspector/making false statement 95-110.11 YES required under Elevator Safety Act). Violations; civil penalties; appeal; criminal penalties (violations of Article 14B - Amusement Device 95-111.13(i) YES Safety Act of North Carolina, first offense). Criminal penalties (willful violation of Occupational Safety and Health Act of North Carolina which causes 95-139 YES death of employee, first conviction). Criminal penalties (unlawful to make false statement pursuant to 95-139 YES Article). Criminal penalties (unlawful to give advance Notice of inspection 95-139 YES without authority from the Commissioner of Labor). Rates for insurance . . . wrongful or fraudulent representation of 97-100(g) YES carrier punishable as misdemeanor. Willful failure to pay estimated tax. 105-163.44 Repealed Duty to list; penalty for failure 105-308 YES (failure to list real property). Affirmation; penalty for false 105-310 YES affirmation.

2019 Report of North Carolina Crimes | February 1, 2019 Page 192 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Duty to file report; penalty for failure to file (public service 105-334 YES company). Acts that are misdemeanors (various acts violating the Gasoline, 105-449.120(b)(1) - (2) YES Diesel, and Blends article). Violations of Article (various 106-50.35, -50.41 NO violations of Soil Additives Act). Violation of Article, falsification of records, or misuse of registered 106-65.33 NO pesticide a misdemeanor (Structural Pest Control Act). Violation a misdemeanor (violation 106-65.105D(a) NO of Article 4H, Bedding). Violation a misdemeanor (false information on application, 106-65.105D(b) NO renewal, inspection or investigation). Violation a misdemeanor (alter or 106-65.105D(c) NO remove a tag on embargoed item). Violation a misdemeanor (remove 106-65.105D(d) NO or dispose of embargoed item). Violation a misdemeanor (resist or interfere with agent preforming 106-65.105D(e) YES official duties). Violations made misdemeanor (Food, Drugs and Cosmetics 106-124 NO article). Unlawful acts; penalties; enforcement (various violations of 106-202.19 YES the Plant Protection and Conservation Act). Representative average sample; 106-267.4 NO misdemeanor, what deemed. Permits to dredge or fill in or about estuarine waters or state-owned 113-229 NO lakes (violation of section). Orders to control activities in coastal wetlands (violation of 113-230 NO section).

2019 Report of North Carolina Crimes | February 1, 2019 Page 193 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Taking fish or wildlife by poisons, drugs, explosives or electricity prohibited; exceptions; possession 113-262 NO of illegally killed fish or wildlife prohibited. License agents (failure to return 113-270.1(h) N/A agent materials after termination). Licensees and permittees subject to administrative control; refusal to issue or reissue, suspension, and revocation of their licenses and permits; court orders of 113-276.2(g) NO suspensions (failure to return wildlife resources; obstructs an agent of the Wildlife Resources Commission). Removal, destruction, or mutilation 113-286 NO of posted Notices. Unlawful use of firearms (if property damage only results from 113-290, -290.1(a)(1) YES the unlawful activity). Specific violations (unlawful sale, possession for sale, or purchase of 113-294(a) NO wildlife). Specific violations (unlawful sale, possession for sale, or purchase of 113-294(b) NO deer or wild turkey). Specific violations (unlawful taking, possession, or transportation of 113-294(c) NO wild turkey). Specific violations (unlawful taking, possession, or transportation of any deer from land that has 113-294(d1) NO postings without permission of landowner). Specific violations (unlawful taking of a deer between a half hour after sunset and a half hour before 113-294(e) NO sunrise with the aid of an artificial light).

2019 Report of North Carolina Crimes | February 1, 2019 Page 194 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Specific violations (unlawful taking of wild animals or birds from or with the use of a vessel equipped 113-294(g) NO with a motor or with a motor attached). Specific violations (violation of G.S. 113-294(i) NO 113-291.6, regulating trapping). Specific violations (unlawful sale, possession for sale, or purchase of 113-294(j) NO a fox, or the taking of a fox by unlawful trapping). Specific violations (various violations involving migratory game 113-294(m) NO birds). Specific violations (violation of Commission rules regarding special 113-294(n) NO permits for handicapped individuals). Specific violations (baiting black 113-294(r) NO bears). Specific violations (removal from trap or transportation of live feral 113-294(s) NO swine) Unlawful harassment of persons taking wildlife resources (first 113-295(a) YES conviction). Penalties for violations of Article; repeated offenses (taking of a wild 113-300.3(b), -262(a) NO animal or bird in violation of Use of Poisons and Pesticides article). Punishment for making false 113-409 YES entries, etc. Penalties (violation of the Sedimentation Pollution Control 113A-64(b) YES Act of 1973). Injunctive relief and penalties (violation of the Coastal 113A-126(c) YES Management article). Enforcement (violation of the 113A-226 NO Aquatic Weed Control article). Prohibition on the disclosure of 115C-401.1 NO information about students. Violation of curfew a 116-213 NO misdemeanor; punishment.

2019 Report of North Carolina Crimes | February 1, 2019 Page 195 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Unlawful substitution. 119-1, -4 NO Brand or trade name of lubricating 119-2, -4 NO oil to be displayed. Misrepresentation of brands for 119-3, -4 NO sale. Display of grade rating on pumps, etc.; sales from pumps or devices Not labeled; sale of gasoline Not 119-27 NO meeting standard indicated on label. Investigation and inspection of measuring equipment; devices calculated to falsify measures 119-33 YES (inaccurate pump with seal broken). Investigation and inspection of measuring equipment; devices 119-33 YES calculated to falsify measures (breaking or removing of seal). Use of likenesses of any seal or 120-271 YES coat of arms of the Senate. Promise or threat to obtain 126-14 NO political contribution or support. Threat to obtain political 126-14.1 NO contribution or support. Penalties (violation of Military 127B-7 NO Property Sales Facilities article). Penalties (violation of Discrimination Against Military 127B-15 NO Personnel article). Penalty for false reporting under 130A-26.2 YES Article 9. Notice and confinement of biting animals (failure to confine an 130A-196(b) NO animal). Removal or destruction of warning 130A-233.2 REPEALED signs. Penalties for making false statements (on application, report, etc. under the Provisions for 130A-309.224 NO Comprehensive Management of Coal Combustion Residuals). Violations of Article; enforcement. 130A-310.55(a)(3) YES Violations of Article; enforcement. 130A-310.55(a)(4) NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 196 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Photographs and video or audio recordings made pursuant to 130A-389.1(c) NO autopsy (disclose photograph or recording without authorization). Photographs and video or audio recordings made pursuant to 130A-389.1(g) YES autopsy (other violations of 130A- 389.1). Authority of administrator; refusal 131E-90 NO to leave after discharge. Damaging or removing signs; 136-33 YES rewards. Unlawful use of National System of Interstate and Highways 136-89.58 YES and other controlled access facilities (various violations). Rules concerning conduct; violation (violation of rules concerning regulation and deportment of 143-116.6 NO persons in the buildings and grounds of institutions). Violation is a misdemeanor (violation of the North Carolina 143-151.59 NO Home Inspector Licensure Board article). Enforcement procedures: criminal penalties (various violations of rules and regulations promulgated 143-215.6B(f) YES by the North Carolina Environmental Management Commission). Enforcement procedures: criminal penalties (unlawful to make a false statement in any report; unlawful to make a false statement in 143-215.6B(i) YES proceedings involving the Water and Air Resources article or the Environmental Management Commission). Enforcement procedures (violation of Water and Air Quality Reporting 143-215.69(a)(2), -114B NO part that is also a requirement under Title V).

2019 Report of North Carolina Crimes | February 1, 2019 Page 197 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Enforcement (violation of Leaking Petroleum Underground Storage 143-215.69(a)(2), -114B YES Tank Cleanup part). Enforcement procedures: criminal penalties (negligent violation of various prohibitions in the Storage 143-215.94K, -215.94X(a) YES Tank Cleanup part found under 143-215.94W(a)(1)-(9)). Enforcement (Part 2D. Training of Underground Storage Tank Operators, Article 21A of Chapter 143-215.94X(a) YES 143) (negligent violation of G.S. 143-215.94W(a)(1)-(9)). Enforcement (Part 2D. Training of Underground Storage Tank Operators, Article 21A of Chapter 143-215.94TT, 215.94X(a) YES 143) (negligent violation of G.S. 143-215.94W(a)(1)-(9)). Penalties (violation of Oil Refining 143-215.102(b) YES Facility Permits part). Enforcement procedures; criminal 143-215.104Q(a) YES penalties (dry-cleaning solvents). Air quality standards and classifications (violation of any 143-215.107, -215.114B(f) YES classification, standard or limitation). Emissions of oxides of nitrogen (NOx) and sulphur dioxide (SO2) 143-215.107D, - from certain coal-fired generating YES 215.114B(f) units (violation of any classification, standard or limitation). Control of sources of air pollution; permits required (violation of any 143-215.114B YES term, condition, or requirement of a permit). Special orders (violation of a special order or other appropriate 143-318.17 YES document). Miscellaneous prohibited acts (various violations of the Pesticide 143-443,-469 NO Board).

2019 Report of North Carolina Crimes | February 1, 2019 Page 198 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Rules and regulations concerning methods of application (unlawful use of an active pesticide 143-458(c), (e) NO ingredient that is Not registered as such). Rules and regulations (unlawful to 143-458(d), (e) NO combine prohibited substances). Reporting of shipments and volumes of pesticides (failure to file 143-459, -469 NO a report when due). Violations (willful violation of any provision of Article 68, the 143-658(b) YES Regulation of Boxing). Obstruction of audit. 143-749 YES North Carolina Battleship Commission-employees Not to have interest (unlawful for 143B-74.3 NO Commission member to obtain extraneous fees or interests). Obstruction of audit. 147-64.7A YES Privacy of employee personnel records (willful and malicious permission to access 162A-6.1 YES information/unauthorized removal or examination). Acceptance of application forms (failure to make good faith effort to deliver form/attempting to sell a 163-82.6(a) Recodified as 163A-865, NO completed form or condition delivery upon payment). Acceptance of application forms (failure to make good faith effort to 163-82.6(a1)(1) Recodified as 163A-865, NO deliver form). Acceptance of application forms (sell/attempting to sell a 163-82.6(a1)(2) Recodified as 163A-865, NO completed form or condition delivery upon payment). Acceptance of application forms (change a person’s information on a voter registration form prior to 163-82.6(a1)(3) Recodified as 163A-865, NO delivery to the county board of elections).

2019 Report of North Carolina Crimes | February 1, 2019 Page 199 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Acceptance of application forms (coerce a person into marking a 163-82.6(a1)(4) Recodified as 163A-865, NO party affiliation other than the party affiliation he desires). Acceptance of application forms (offer a person a voter registration 163-82.6(a1)(5) Recodified as 163A-865, NO form with the party affiliation premarked). Persons may Not sign name of 163-221 Recodified as 163A-1278, NO another to petition. Violations by chairman of county board of elections (willful violation 163-236 Recodified as 163A-1316, YES of section). Certain violations of absentee ballot law made criminal offenses 163-237(a) Recodified as 163A-1317, YES (false statements under oath). Certain violations of absentee ballot law made criminal offenses 163-237(b) Recodified as 163A-1317, YES (false statements Not under oath). Certain violations of absentee ballot law made criminal offenses 163-237(b1) Recodified as 163A-1317, NO (candidate witnessing absentee ballot of NOn-relative). Certain violations of absentee ballot law made criminal offenses 163-237(d) Recodified as 163A-1317, YES (Absentee Ballot article). Intimidation of voters by officers 163-271 Recodified as 163A-1385, NO made misdemeanor. Offenses of voters; interference of 163-273 Recodified as 163A-1318, NO voters; penalty (various offenses). Certain acts declared Recodified as 163A-1388, YES (9), misdemeanors (various offenses 163-274(a) (11), (13) involving primaries and elections). Appointment of political treasurers Recodified as 163A-1412, -1445, 163-278.7, -278.27 (violation of section). NO Detailed accounts to be kept by Recodified as 163A-1414, -1445, political treasurers (violation of 163-278.8, -278.27 NO section). Statements filed with Board Recodified as 163A-1418, -1445, 163-278.9,- 278.27 (violation of section). NO Procedure for inactive candidate or Recodified as 163A-1420 -1445, 163-278.10, -278.27 committee (violation of section). NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 200 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Contents of treasurers’ statement Recodified as 163A-1422 -1445, of receipts and expenditures 163-278.11,- 278.27 NO (violation of section). Special reporting of contributions Recodified as 163A-1423 -1445, and independent expenditures 163-278.12, -278.27 NO (violation of section). Limitations on contributions (Raised limits to $5,000 and repeals Recodified as 163A-1425 -1445, 163-278.13, -278.27 subsection 278.13(e) (donation NO limitations for judicial candidates). Limitations on fund-raising during Recodified as 163A-1426 -1445, 163-278.13B,- 278.27 legislative session. NO NO contributions in names of others; NO anonymous Recodified as 163A-1428 -1445, contributions; contributions in 163-278.14, -278.27 YES excess of $100 (violation of section). Regulations regarding timing of Recodified as 163A-1431 -1445, contributions and expenditures 163-278.16, -278.27 NO (violation of section). Use of contributions for certain Recodified as 163A-1434 -1445, 163-278.17, -278.27 purposes. NO Statements of media receiving Recodified as 163A-1435 -1445, campaign expenditures (violation 163-278.18, -278.27 NO of section). Normal commercial changes for Recodified as 163A-1434 -1445, political advertising (violation of 163-278.19, -278.27 YES section). Violations by corporations, business entities, labor unions, professional associations and 163-278.20, -278.27 Recodified insurance companies (various violations involving campaign contributions). Disclosure before soliciting contributions (unlawful to solicit Recodified as 163A-1476 -1445, contributions prior to disclosing 163-278.39, -278.27 NO information regarding the candidate). Basic disclosure requirements for Recodified as 163A-1496 -1445, all political advertisements 163-278.40A, -278.27 NO (violation of section). Organizational report (violation of Recodified as 163A-1497 -1445, 163-278.40B, -278.27 section). NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 201 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Campaign report; partisan election Recodified as 163A-1498 -1445, 163-278.40C, -278.27 (violation of section). NO Campaign reporting; Nonpartisan Recodified as 163A-1499 -1445, election and runoff (violation of 163-278.40D, -278.27 NO section). Campaign report; Nonpartisan Recodified as 163A-1500 -1445, primary and election (violation of 163-278.40E, -278.27 NO section). Campaign report; Nonpartisan Recodified as 163A-1505 -1445, 163-278.40J, -278.27 plurality (violation of section). NO Other committees report by 163-278.42(g), -278.44 Recodified municipal schedule. Distribution of campaign funds; legitimate expenses permitted 163-278.44 Recodified (unlawful use of funds). Crime; punishment (violation of Appropriations from the North 163-278.83 Recodified Carolina Political Parties Financing Fund article). Penalties (Electioneering Communications; Article 22E of 162-278.93 Repealed Chapter 163). Penalties (Mass Mailings and Telephone Banks: Electioneering 7B-311(c) YES Communications; Article 22F of Chapter 163). Central registry; responsible 14-4(a) NO individuals list. Issuing substitutes for money 14-15 YES without authority Receiving or passing unauthorized 14-16 NO substitutes for money. Failure of owner of property to comply with orders of public 14-68 NO authorities. Failure of officers to investigate 14-69 NO incendiary fires. Concealment of merchandise in mercantile establishments (first 14-72.1(a) and (c) YES offense). Concealment of merchandise in mercantile establishments 14-72.1(d) and (e) YES (changing price tags, first offense).

2019 Report of North Carolina Crimes | February 1, 2019 Page 202 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Removal of shopping cart from 14-72.3 NO shopping premises. Obtaining certificate of registration 14-103 YES of animals by false representation. Obtaining property in return for 14-106 YES worthless check, draft or order. Worthless checks; multiple presentment of checks (amount 14-107(d)(1) YES $2,000 or less) (first, second, and third convictions). Making unneeded ambulance 14-11.3 YES request in certain counties. Gasoline price advertisements (must indicate whether price is 14-117.2 NO dependent on purchaser pumping fuel). Theft of cable television service. 14-118.5 YES Taking, etc., of certain wild plants 14-129 NO from land of another. Unlawful to take sea oats 14-129.2 NO Trespass on land under option by 14-131 NO the federal government. Operating motor vehicle upon utility easements after being 14-134.2 NO forbidden to do so. Setting fire to grassland, brushland, 14-138.1 NO or woodland. Certain fire to be guarded by 14-140.1 NO watchman. Unlawful posting of 14-145 NO advertisements. Injuring fixtures and other property 14-152 NO of gas companies. Unauthorized connections with 14-155 NO telephone or telegraph. Felling trees on telephone and 14-157 NO electric-power wires. Injuring buildings or fences; taking possession of house without 14-159 NO consent. Mutilation, etc., of “posted” signs; posting signs without consent of 14-159.8 NO owner or agent. Second degree trespass. 14-159.13 NO

2019 Report of North Carolina Crimes | February 1, 2019 Page 203 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Vandalism; penalties. 14-159.21 NO Sale of speleothems unlawful; 14-159.22 NO penalties. Failure to return hired property. 14-167 NO Conversion by bailee, lessee, tenant or attorney-in-fact (value of 14-168.1 NO property converted $400 or less). Failing to return rented property 14-168.4 NO on which there is purchase option. Using profane or indecent language on public highways; counties 14-197 NO exempt. Restrictions as to adult 14-202.11, -202.12 NO establishments (first offense). Violating orders of court. 14-226.1 NO Failing to attend as witness before 14-227 NO legislative committees. Disorderly conduct at bus or 14-275.1 NO railroad station or airport. Impersonation of firemen or emergency medical services 14-276.1 NO personnel. Trespassing on railroad right-of- 14-280.1 NO way. Throwing, dropping, etc., objects at 14-281.1 NO sporting events. Making false ambulance request. 14-288 NO Powers of municipalities to enact ordinances to deal with states of 14-288.12 NO emergency. Powers of counties to enact ordinances to deal with states of 14-288.13 NO emergency. Power of chairman of board of county commissioners to extend 14-288.14 NO emergency restrictions imposed in municipality. Permitting minors to enter 14-317 NO barrooms or billiard rooms. Failing to pay minors for doing 14-321 NO certain work. Blacklisting employees. 14-355 NO Local: Violation of certain contracts 14-358 NO between landlord and tenant.

2019 Report of North Carolina Crimes | February 1, 2019 Page 204 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Local: Tenant neglecting crop; landlord failing to make advances; 14-359 NO harboring or employing delinquent tenant. Local: Tenant neglecting crop; landlord failing to make advances; 14-363.1 NO harboring or employing delinquent tenant. Living baby chicks or other fowl, or rabbits under eight weeks of age; 14-382 NO disposing of as pets or novelties forbidden. Injuring Notices and 14-384 YES advertisements. Defacing or destroying public 14-385 YES Notices and advertisements. Commercialization of American Legion emblem; wearing by 14-395 NO nonmembers. Littering (15 pounds or less, Not for 14-399(c) YES commercial purposes). Littering (over 15 pounds up to 500 pounds, Not for commercial 14-399(d) YES purposes). Persons, firms, banks and corporations dealing in securities 14-401.7 NO on commission taxed as a private banker. Parking vehicle in private parking 14-401.9 NO space without permission. Failure to give right to cancel in off- 14-401.13 YES premises sales. Unlawful removal or destruction of electronic dog collars (first 14-401.17 YES offense). Unlawful manufacture, sale, delivery, or possession of Salvia 14-401.23 YES divinorum (third offense). Intoxicated and disruptive in 14-444 NO public. Computer trespass; penalty 14-458 YES (violation of section). Riding on train unlawfully. 14-460 YES

2019 Report of North Carolina Crimes | February 1, 2019 Page 205 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Application of State highway and motor vehicle laws at the academy; authority of Department of Justice 17D-4 NO to regulate traffic, etc. (violation of ordinance under section). Sale to or purchase by underage persons (purchase, possession, or 18B-302(i) NO consumption by 19 or 20-year old). Manner of transportation (open 18B-401(a) NO containers). Penalty for operation of pet shop, 19A-33 NO kennel or auction without license. Penalty for failure to adequately care for animals; disposition of 19A-35 NO animals. Penalty for violation of Article by 19A-36 NO dog warden. Issuance and renewal of driver’s licenses (failure to obtain a license 20-7(a), 35(a1)(1) NO before driving a motor vehicle). Issuance and renewal of driver’s licenses (failure to comply with 20-7(a), -35(a1)(2) NO license restrictions). Unlawful to drive while license revoked or while disqualified 20-28(a) NO (license Not revoked for impaired driving). Unlawful to permit violations of Article 2 (permit unlicensed 20-34, -35(a1)(3) NO persons to operate motor vehicle). Commercial driver’s license 20-37.12, -37.21 NO required. Unlawful for lienor who holds certificate of title Not to surrender 20-59 NO same when lien satisfied. Registration of plates furnished by the Division; etc. (neglect or refuse 20-63(e) YES to clean registration plate). Registration of plates furnished by the Division, etc. (failure of a 20-63(h2) NO former contract agent to comply with posting requirements). Penalty for making false statement 20-74 YES about transfer of vehicle.

2019 Report of North Carolina Crimes | February 1, 2019 Page 206 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Transfer by operation of law; sale under mechanic’s or storage lien; 20-77(d) NO unclaimed vehicles (failure to report unclaimed vehicle). Violation of registration provisions (drive/permit to be driven a non- 20-111(1) YES registered vehicle). Violation of registration provisions (display/cause/permit to be displayed fictitious or 20-111(2) YES canceled/revoked license or registration plate). Violation of registration provisions (giving/lending license plate for use 20-111(3) YES on motor vehicle other than that for which issued). Limitations on tandem trailers and semitrailers on certain North Carolina highways (driver of vehicle 20-115(i) YES with a semitrailer less than 50 feet violating subsections (a) or (b) of this section). Windows and windshield wipers (violation of window tinting 20-127(d) NO regulations). Operating a commercial vehicle after consuming alcohol (first 20-138.2A NO offense). Operating a school bus, school activity bus, child care vehicle, ambulance, other EMS vehicle, 20-138.2B NO firefighting vehicle, or law enforcement vehicle after consuming alcohol (first offense). Transporting an open container of alcoholic beverage after consuming 20-138.7 NO alcohol (first offense). Speed restrictions (driving a vehicle on a highway either 15 miles per 20-141(j1) NO hour above the speed limit or over 80 miles per hour). Transportation of spent nuclear 20-167.1 NO fuel (violation of section).

2019 Report of North Carolina Crimes | February 1, 2019 Page 207 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Infractions and criminal offenses for violations of inspection 20-183.8(b1) NO requirements (inspection without a license). Power to regulate; rules and regulations establishing minimum standards (violation of regulations 20-215.2, -215.4 NO applicable to motor carriers of migratory farm workers). Standard qualifications for school bus drivers; speed limit for school 20-218 NO buses and school activity buses (violation of section). Speed limit for nonprofit activity 20-218.2 NO buses. Removal of unauthorized vehicles from private lots (certain named 20-219.2 NO counties). Surrender of license (willfully 20-279.30, -279.31(c) YES failing to return license). Operation of motor vehicle without financial responsibility a 20-313(a) NO misdemeanor. Penalties for violating Article or regulations (Driver Training School 20-327 NO Licensing Laws). Refusal to permit Department of Crime Control and Public Safety to 20-390 YES inspect records made misdemeanor. Unlawful motor carrier operations. 20-396 YES Household goods carrier; marking 20-398 NO or identification of vehicles. Plats and subdivisions; mapping 47-30, -32.2 YES requirements (violation of section). Photographic copies of plats, etc. 47-32, -47-32.2 YES (violation of section). Directors, officers, etc., accepting 53-86 Repealed fees, etc. Unlawful use of terms indicating that business is bank or trust 53-127 Repealed company. License required; licensee records 53-243.02, -243.12 Repealed

2019 Report of North Carolina Crimes | February 1, 2019 Page 208 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Criminal penalties for unlicensed 53-244.112 NO activity. Rate evasion fraud; prevention 58-2-164(b) YES programs. Publication of assets and liabilities; 58-3-60 NO penalty for failure. Company owned or controlled by alien government prohibited from 58-16-20 NO doing business. Penalties (solicitation of membership to a fraternal benefit 58-24-180(b) NO society without a license to do so). Penalties (refusal to comply with provisions of the Article [Fraternal 58-24-180(c) YES Benefits Societies]). Unauthorized wearing of badges; 58-25-70 YES etc. Competitive selection of payroll education insurance products paid for by State employees (unlawful for State employee to influence 58-57-65, -80 Repealed Employee Insurance Subcommittee/open sealed insurance product proposal). Penalties (unlawful to credit life insurance in excess of statutory 58-57-80 Repealed amounts). Penalty for noncompliance (violation of Hotels; Safety 58-81-10 NO Provisions article). False representation of household 62-280.1 NO goods carrier certificate unlawful. Refusal to permit Commission to 62-313 YES inspect records a misdemeanor. Riding on a train unlawfully; venue. 62-319 YES Unlawful motor carrier operations (offer receive any rebate, concession or discrimination in 62-325(a) YES violation of the chapter; fraudulent evasion of regulations). Unlawful motor carrier operations (fraudulent acts by a motor 62-325(b) YES carrier).

2019 Report of North Carolina Crimes | February 1, 2019 Page 209 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Unlawful motor carrier operations (any person at a bus terminal who solicits any other person to use 62-325(c) NO some form of transportation for compensation rather than the lawful use of the transportation). Gifts to members of Commission, Commission employees, or public staff (unlawful for any associate of a public utility to make a gift of 62-327 YES value; unlawful for any member of the Commission or staff to receive any gift of value). Unauthorized use of Citizens Band 62-328 YES equipment. Police power (violation of Authority 63A-7 NO ordinance). Failure of dealers of scrap, salvage, or surplus to keep record of purchases of certain items 66-10(b) NO misdemeanor (failure to additional information). Violations made misdemeanor (Candy and Similar Products 66-22 Repealed article). House trailers to have two doors 66-27.5 NO (violation of section). Violation of Article a misdemeanor; Repealed but recodified at 66- civil penalty (Business under 66-71 71.14; YES Assumed Name article). Records to be kept (unauthorized access to files of record book 66-169, now 66-410 YES entries). Misdemeanor violations (failure to obtain permission from property 66-257(c)(1) NO owner to conduct business). Misdemeanor violations (failure to 66-257(c)(2) NO produce retail sales tax license). Misdemeanor violations (failure to produce identification upon 66-257(c)(3) NO request). Misdemeanor violations (knowingly give false information when 66-257(c)(4) YES registering).

2019 Report of North Carolina Crimes | February 1, 2019 Page 210 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Records to be kept (unauthorized access to files of record book 66-410 YES entries). Permitting bitch at large. 67-2 YES Sheep-killing dogs to be killed. 67-3 NO Failing to kill a mad dog. 67-4 YES Precautions against attacks by 67-4.2 NO dangerous dogs. Permitting dogs to run at large at 67-12 YES night; penalty; liability for damage. Failure to discharge duties imposed under this Article (License Taxes on 67-16 NO Dogs article). Illegally releasing or receiving impounded livestock 68-21 YES misdemeanor. Impounded livestock to be fed and 68-22 NO watered (violation of statute). Domestic fowls running at large 68-25 NO after Notice. Penalty for violation of G.S. 68-42 68-44 NO (Stock running at large prohibited). Admittance of pets to hotel rooms (pets Not allowed in prohibited 72-7.1 NO rooms). Registration to be untrue name; addresses; peace officers (violation 72-30 YES of section). Penalties for violation (willful 74-64(b) YES willfully violation of the Mines Act of 1971). Penalty for violations (willful violation of the Control of 74-87(c) YES willfully Exploration for Uranium in North Carolina article). Applications for issuance of license (disclosure of home address or 74C-8(g) NO telephone number). Licenses required (disclosure of confidential home address or 74D-2(f) NO telephone number). Refusal to furnish information; 75-12 YES false swearing. Obstructing waters of Currituck 76-41 YES Sound.

2019 Report of North Carolina Crimes | February 1, 2019 Page 211 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Lumbermen to remove 76-42 NO obstructions in Albemarle Sound. Anchorage in range of lighthouses 76-43 NO (unlawful to anchor at lighthouse). Acting as pilot without license. 76-47 NO Rafts to exercise care in passing 76-57 NO buoys, etc., penalty. Regulations for Lake Wylie and shoreline area (violation of any 77-37 NO regulation of the Lake Wylie Marine Commission). Regulatory authority (violation of any regulation of the High Rock 77-57 NO Lake Marine Commission). Regulatory authority (violation of any regulation of the Mountain 77-77 NO Island Lake Marine Commission). Regulatory authority (violation of any regulation of the Lake Lure 77-87 NO Marine Commission). Vessel owner and operator required to keep log of pumpout 77-128 NO dates. Altering timber trademark crime. 80-22 YES Possession of branded logs without 80-23 YES consent, misdemeanor. Persons disqualified (public officials disqualified from private practice 84-2 NO of law). for certificate of registration and shop or school 86A-1, -20(1) NO permit. Certificates to be displayed (failure 86A-16, -20(4) YES to display certificate). Misdemeanors (obtaining or attempting to obtain a certificate of registration for money other 86A-20(2) YES than the required fee or any other thing of value, or by fraudulent misrepresentations). Misdemeanors (practicing or attempting to practice by 86A-20(3) YES fraudulent misrepresentation).

2019 Report of North Carolina Crimes | February 1, 2019 Page 212 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Misdemeanors (practicing or attempting to practice barbering during the period of suspension or 86A-20(5) NO revocation of any certificate of registration granted under the chapter). Misdemeanors (permitting any person under employment or control to practice as a barber 86A-20(6) NO unless that person holds a certificate as a registered barber or registered apprentice). Regulations as to issue of building 87-14 NO permits (violation of section). Violations made misdemeanor; employees of licensees excepted (unlawful to do business in 87-61 NO refrigeration contracting without a license). Notice in case of emergency excavation or demolition (false 87-125 NO claim of emergency requiring excavation). Licenses required; criminal penalty (violations of Chapter 88B, 88B-22 NO Cosmetic Art). Violation and penalties (unlawful to act/appear as a registered forester; 89B-15 NO violation of Chapter). Limited license; limited volunteer license (practicing beyond districts laid out in a limited license, or 90-12 Repealed practicing at places other than specialized clinics for indigent patients). Limited volunteer license. 90-12.1A NO Retired limited volunteer license. 90-12.1B(e) NO Special purpose license. 90-12.2A NO Medical school faculty license. 90-12.3 NO Physician assistant limited 90-12.4A(e) Reserved volunteer license. Physician assistant retired limited 90-12.4B(e) NO volunteer license.

2019 Report of North Carolina Crimes | February 1, 2019 Page 213 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Violations; penalties (possession of a controlled substance classified in 90-95(a)(3) and (d)(4) NO Schedule VI). Possession of marijuana drug 90-113.22A YES paraphernalia. Requirements as to rules and bylaws (failure of secretary or secretary-treasurer to file required 90-210.81 NO financial report with the Board of Funeral Service). Enforcement; injunctive relief (operate massage and bodywork 90-634(b1) NO therapy school without approval). Billing of anatomic pathology 90-701(i) YES intentionally services. Collections out of State to avoid 95-73, -75 YES intentionally exemptions forbidden. Resident Not to abet collection out 95-74, -75 YES intentionally of State. Certain payments to and agreements to pay labor 95-102, -104 NO organizations unlawful. Acceptance of such payments 95-103, -104 NO unlawful. Claims unassignable and exempt from taxes and debt; agreement of employee to contribute to 97-21 NO premium or waive right to compensation void; unlawful deduction by employer. Method of take when hunting on Sunday. (Hunting allowed on 103-2 NO Sunday in certain circumstances Officers, agents, and employees; failing to comply with tax law a 105-233 YES misdemeanor. Free privilege licenses for blind people (requirement to keep at 105-249(d) and (f) Repealed place of business a medical statement confirming blindness). Powers and duties of assessor (unlawful disclosure of 105-296(h) NO information).

2019 Report of North Carolina Crimes | February 1, 2019 Page 214 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalties for violations (failure to display, or aids or abets in failure 105-316.6 NO to display a tax permit for mobile home). Advertisement of tax liens on real property for failure to pay taxes 105-369 YES (wrongful advertisement). Criminal penalties; violation of law or regulations (Biological Organism 106-65.48 NO Act). Penalties for violations of this Article (Sale of Agricultural Liming 106-92.14 NO Materials and Land Plaster). Sale of immature apples. 106-189.2 NO Violation of Article or regulations a misdemeanor (Marketing and 106-196 NO Branding Farm Products). Penalties for violations; enjoining violations; venue (North Carolina 106-245.24 NO Egg Law). Violation of Article a misdemeanor; punishment (Inspection of Ice 106-255 NO Cream Plants, Creameries, and Cheese Factories article). Penalty for violations (North 106-277.24 NO Carolina Seed Law). Burial of hogs dying natural death 106-310 NO required. Animals affected with glanders to 106-404 YES be killed. Penalties (conduct prohibited under the Livestock Dealer 106-418.14, 14-3 NO Licensing Act) (first offense). Criminal penalties; violation of laws 106-423.1 NO or regulations (Plant Pests article). Warehouse proprietor, etc., to render bill of charges; penalty (first 106-454 NO offense). Tobacco purchasers to be paid for by cash or check to order (violation 106-455 NO of section). Nested, shingled or overhung tobacco (unlawful to sell or offer to 106-461, -464 NO sell).

2019 Report of North Carolina Crimes | February 1, 2019 Page 215 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Sale under name other than that of 106-462, -464 NO true owner prohibited. Allowance for weight of baskets and trucks (unlawful to vary from 106-463, -464 NO standard weight). Unlawful entry on grounds a 106-514 NO misdemeanor. Assisting unlawful entry on 106-515 NO grounds a misdemeanor. Unlicensed vending, etc., near fairs 106-518 Repealed a misdemeanor. Penalties (violation of the Bee and 106-644 NO Honey Act). Violation (Aquaculture 106-764 NO Development Act). Exhibition of certain children 110-20.1 NO prohibited. Notice to Department before beginning business of manufacturing products from 113-25 NO mineral resources of State (failure to comply with section). State timber may be sold by Department of Environment, Health and Natural Resources; . . . 113-35(a) Recodified as 143B-135.16; NO control over parks, etc. . . (violation of forest regulations). State timber may be sold by Department of Environment, Health and Natural Resources; . . . 113-35(d) Recodified as 143B-135.1; NO operation of public service facilities . . . (violation of public service regulations). Powers of forest rangers to prevent and extinguish fires; authority to 113-55 Recodified as 106-899;NO issues citations and warning tickets. Misdemeanor to destroy posted 113-58 Recodified as 106-899; YES forestry Notice. Penalties (violation of Regulation of 113-60.29 Recodified as 106-948; NO Open Fires article).

2019 Report of North Carolina Crimes | February 1, 2019 Page 216 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present General penalties for violating Subchapter or rules; increased penalty for prior convictions; 113-135(a)(1) NO interpretive provisions (first conviction). Enforcement authority of inspectors and protectors; refusal to obey or allow inspection by inspectors and protectors (refusal 113-136(j) NO to stop in obedience to the directions of an inspector/protector). Taking shellfish from certain areas forbidden; penalty (unlawful to take shellfish from a private 113-207 NO shellfish bottom area without authorization). Specific violations (unlawful taking, possession, or transportation of 113-294(d) NO any deer). Specific violations (unlawful taking, possession, transportation, or purchase of beaver, or violates any 113-294(f) NO rule of the Wildlife Resources Commission adopted to protect beavers). Unlawful use of facilities for 113-298 YES disabled sportsman. Penalties for violations of Article; repeated offenses (taking of a wild animal or bird declared to be a pest 113-300.3(c) YES without observing the applicable restrictions). Jurisdiction of the Authority; application of Chapter 20; appointment and authority of special police (violation of the rule 113-315.34(c) NO concerning traffic or parking on property of the Seafood Industrial Park Authority). Violations (Natural and Scenic 113A-42(b) Recodified as 143B-135.168; NO Rivers System article).

2019 Report of North Carolina Crimes | February 1, 2019 Page 217 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Collection of assessment (disclosure of information obtained 113A-195(f) Recodifies as 106-1031; NO in a forest product report in violation of statute). Misrepresentation of eligibility. 115B-6 YES Confidential information in personnel files; access to 115C-321(c) YES information (public official granting access to a personnel file). Confidential information in personnel files; access to 115C-321(d) YES information (unauthorized person examining a personnel file). Method of enforcement (school official’s failure to carry out instructions of State Board of 115C-379 NO Education concerning compulsory attendance). Operating school without license or 115D-96 NO bond made misdemeanor. Board of Trustees; powers and duties (violation of ordinance adopted under the Regulation of 116-235(e)(8) Repealed Traffic and Parking and Registration of Motor Vehicles Section). Powers and Duties of the Department of Cultural Resources 121-4(9) NO (violation of regulations). Public records and archives (removal/destruction of public 121-5 NO records). State/Local Consumer Advocate; 122C-17 NO confidentiality. Right to confidentiality (disclosure of confidential information protected under Mental Health, 122C-52 NO Developmental Disabilities, and Substance Abuse Act of 1985). Failure to return books. 125-11 NO Penalty for permitting access to confidential file by unauthorized 126-27 YES person.

2019 Report of North Carolina Crimes | February 1, 2019 Page 218 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalty for examining, copying, etc., confidential file without 126-28 YES authority. Public records held by the Retirement System (permitting unauthorized access to county, city 128-33.1(g) YES or town employee retirement records). Public records held by the Retirement System (unauthorized examination, removal or copying of 128-33.1(h) YES any part of the confidential retirement file of a county, city or town employee). Misdemeanor (violating Article 9, Part 7 (Management of Certain Products That Contain Mercury) or 130A-309.10(m) (knowing disposal 130A-25(d) YES of mercury-containing fluorescent light or thermostat in an unlined landfill)). Licensing of adult care homes for 131D-2 Repealed the aged and disabled. License and registration fees. 131D-2.5 NO Legal action by Department. 131D-2.6 NO Penalties (establish/provide/receive/place 131D-10.7 NO children in foster care without a license). Inspections (officer/administrator/employee of Department of Health and Human 131E-80 YES Services who willfully discloses confidential information). Penalties (establish/manage/operate any 131E-81(a) NO hospital without a license). Penalties (willful violation under section of any rule adopted by the 131E-81(b) YES North Carolina Medical Care Commission). Penalties (establish/manage/operate any 131E-109(a) NO nursing home without a license).

2019 Report of North Carolina Crimes | February 1, 2019 Page 219 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Penalties (advance Notice of nursing home inspection given by 131E-109(b) NO person acting under authority of Department). Penalties (willfully violates any rule, willfully fails to perform any act required by or willfully 131E-109(d) YES performs an act prohibited by these rules). Penalties for violation (establish/manage operating home 131E-141.1 YES care agency without a license). Penalties (own/operate an ambulatory surgical facility without 131E-151 NO a license). Confidentiality (willful disclosure of 1313E-154.8 YES information). Ambulance Provider License 131E-155.1 NO required. Confidentiality (willful disclosure of 131E-207 YES information regarding inspection). Privacy of employee personal records (public hospital employee 131E-257.2(g) YES who willfully permits access to information in a personnel file). Privacy of employee personal records (willful examination of 131E-257.2(h) YES confidential file by unauthorized person). Destruction of records regulated. 132-3 NO Violation of Chapter made 133-4 NO misdemeanor. Member retirement record files held by the Retirement System (permitting unauthorized access to 135-6.1(g) YES the retirement file of a teacher or state employee). Member retirement record files held by the Retirement System (unauthorized examination, 135-6.1(h) YES removal or copying of any part of the confidential retirement file of a teacher or state employee).

2019 Report of North Carolina Crimes | February 1, 2019 Page 220 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Provision and marking of “pull-off” areas (failure of a driver of a slow- 136-18.4 NO moving vehicle to use such an area). Elimination or safeguarding of grade crossings and inadequate underpasses or overpasses (failure of a railroad company to comply 136-20(e) NO with an order to construct underpass/overpass or safety devices at grade crossings). Regulation of signs (steal, deface, vandalize or unlawfully remove 136-32(e) NO political sign). Placing blinding, deceptive or 136-32.2 NO distracting lights unlawful. Placing glass, etc., or injurious 136-91 NO obstructions in road. Gates projecting over rights-of-way 136-94 NO forbidden. Billboard obstructing view at entrance to school, church or 136-102 NO public institution on public highway (violation of section). Cattle guards and private crossings; failure to erect and maintain a 136-194 NO misdemeanor. Motor vehicle laws applicable to State parks and forests road system (driving more than 15 miles per hour over the established 143-116.8(b)(1), 20-141(j1) NO speed limit, which, unless otherwise designated, is 25 miles per hour on park roads). North Carolina State Building Code (violation of the Building Code 143-138 NO Council and Building Code article). Keeping swine near State institutions; penalty (unlawful to keep swine within one quarter of a 143-153 NO mile of a state administration building if mandated by petition).

2019 Report of North Carolina Crimes | February 1, 2019 Page 221 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Certain cleaning agents containing phosphorus prohibited (sale, manufacture, or distribution of any 143-214.4(f) NO cleaning agent in violation of section). Enforcement procedures (violation of the Regulation of Use of Water 143-215.17(a) NO Resources part). Enforcement procedures (violation 143-215.36(a) NO of the Dam Safety Law part). Enforcement procedures (violation of Water and Air Quality Reporting 143-215.69(a)(1) NO part). Violations (Oil Terminal Facilities 143-215.98 NO part). Powers and duties of the Department (failure to furnish 143-355(f), (i) NO samples of cuttings if in the business of constructing wells). Powers and duties of the Department (failure to report 143-355(g), (i) NO completion of a well if in the business of constructing wells). Jurisdiction of the Authority; application of Chapter 20; appointment and authority of 143B-461(c) Recodified as 136-269(c), NO special police (violation of any rules, regulations or ordinances of the State Ports Authority). Erection of piers on State lakes 146-13 NO restricted. Privacy of employee personnel records (public official/employee 153A-98(e) YES willfully and with malice permits access to personnel file). Privacy of employee personnel records (person without access 153A-98(f) YES willfully removes/copies/examines any personnel file). Obstructing canal or ditch dug 156-19 NO under agreement. Obstruction drain cut by consent. 156-24 NO Protection of canals, ditches, and 156-25 NO natural drains.

2019 Report of North Carolina Crimes | February 1, 2019 Page 222 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Petition filed; board appointed; 156-32 NO refusal to serve misdemeanor. Control and repairs by drainage commissioners (unlawful to 156-92 NO injure/obstruct/build bridge to injure a waterway). Enforcement of Chapter (approval of fraudulent bill/willfully make any 159-181 YES fraudulent statement). Privacy of employee personnel records (unauthorized 160A-168 YES examination/removal of personnel file). Regulation of dune buggies (violation of ordinance pursuant to 160A-308 NO section). Ordinance authorized as to repair, closing, and demolition of 160A-439 YES nonresidential buildings or structures; order of public officer. Penalty (unlawful to deprive handicapped persons of rights 168-4.5 NO found in Chapter). General provisions governing licenses and endorsements 113-168.1, -135 NO (unlawful actions). Standard Commercial Fishing License (unlawful to engage in a commercial fishing operation 113-168.2, -135 NO without holding a SCFL issued by Division). Sale of fish (unlawful actions). 113-168.4, -135 NO License endorsements for Standard Commercial Fishing License (unlawful to take, land, or sell 113-168.5, -135 NO menhaden by purse seine without menhaden endorsement). Commercial fishing vessel registration (unlawful to use a 113-168.6, -135 NO vessel Not registered with the Division).

2019 Report of North Carolina Crimes | February 1, 2019 Page 223 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Shellfish license for North Carolina residents without SCFL (unlawful to take shellfish in amount greater 113-169.2, -135 NO than personal limit without a readily displayed license; unlawful to transfer license). Licenses for fish dealers (unlawful 113-169.3, -135 NO selling or buying fish). Fraud or deception as to licenses, 113-170.2, -135 YES permits, or records. Record-keeping requirements (unlawful to neglect record- 113-170.3, -135 NO keeping). Violations with respect to coastal 113-170.5, -135 NO fisheries resources. Suspension, revocation, and reissuance of licenses (unlawful to 113-171(d), -135 Repealed evade personal service prescribed in subsection). License agents (unlawful to add more than authorized surcharge to 113-172, -135 NO fee). Recreational Commercial Gear License (unlawful actions under 113-173, -135 NO RCGL). Unlawful possession, 113-183, -135 YES transportation and sale of fish. Possession and transportation of 113-184, -135 NO prohibited oyster equipment. Fishing near ocean piers; trash or 113-185, -135 NO scrap fishing. Protection of sea turtles and porpoises (unlawful to harm or 113-189, -135 YES disturb sea turtles and porpoises). Transplanting of oysters and clams (unlawful to transplant oysters 113-203(a), -135 Repealed taken from public grounds to private beds, with exceptions). Transplanting of oysters and clams 113-203(a2), -135 NO (transplanting). Transplanting of oysters and clams (conduct a seed transplanting 113-203(a4), -135 NO operation Not in compliance with permit).

2019 Report of North Carolina Crimes | February 1, 2019 Page 224 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Obstructing or polluting flow of water into hatchery; throwing fish 113-265, -135 NO offal into waters. License agents (failure to return 113-270.1(h), -135 Repealed agent material before termination). Hunting licenses (unlawful to hunt 113-270.2, -135 NO without a license). Special activity licenses; big game kill reports (unlawful to hunt big 113-270.3, -135 NO game without a license). Special activity licenses; big game kill reports (failure to report or tag 113-270.13(c), -135 NO big game). Hook-and-line licenses in inland fishing waters (unlawful to fish 113-271, -135 NO without a license). Special trout licenses (unlawful to 113-272, -135 NO fish for trout without a license). Registration and posting of property (failure to cause removal 113-282(h), -135 NO of posted sign within a reasonable time). Hunting or fishing on registered property of another without 113-285, -135 NO permission. Manner of taking wild animals and wild birds (unlawful to hunt from 113-291.1(b)(1), -135 NO or with the use of a vehicle). Manner of taking wild animals and wild birds (unlawful to snare 113-291.1(b)(2), -135 NO animals with light/other unlawful hunting restrictions). Manner of taking wild animals and wild birds (unlawful night deer 113-291.1(e1), -135 NO hunting). Manner of taking wild animals and wild birds (unlawful to intentionally 113-291.1(i), -135 YES destroy wildlife nesting or breeding areas). Manner of taking wild animals and wild birds (unlawful to take deer 113-291.1(j), -135 NO swimming or in water above the knees of the deer).

2019 Report of North Carolina Crimes | February 1, 2019 Page 225 of 227 Table 3: Presence of Mens Rea in Misdemeanors Offense General Statute Mens Rea Present Regulation of dogs used in hunting, etc. (unlawful to allow dogs to 113-291.5(e), -135 NO chase deer during the closed deer season). Feeding of alligators prohibited. 113-291.11, -135 YES Authority of the Wildlife Resources Commission in regulation of inland fishing and the introduction of 113-292, -135 NO exotic species (unlawful taking of certain fish). Obstructing rivers or creeks; 113-293, -135 NO keeping open fishways in dams. Injury to pregnant woman (while committing a domestic violence 14-18.2(c) Repealed misdemeanor). Enhanced offense for misdemeanor criminal gang 14-50.22 NO activity. Secretly peeping into room occupied by another person 14-202(i) YES (second or subsequent conviction). Interference with electronic monitoring devices (by person 14-226.3(b) YES convicted of criminal offense). Interference with electronic monitoring devices (person 14-226.3(c) YES convicted of criminal offense solicits another). Misdemeanor aid and abet. Common law aid and abet YES

2019 Report of North Carolina Crimes | February 1, 2019 Page 226 of 227

2019 Report of North Carolina Crimes | February 1, 2019 Page 227 of 227

North Carolina Administrative Office of the Courts P.O. Box 2448 Raleigh, NC 27602 www.nccourts.org 919 890 1000