FELONY CLASSIFICATION UNDER THE STRUCTURED SENTENCING ACT Offenses committed on or after December 1, 2018 FELONY GENERAL STATUTES OFFENSE CLASS SECTION A 14-17(a) Murder in the 1st degree. (Adds a rebuttable presumption for murders involving domestic partners – Effective 12/1/17) A 14-17(c) Murder in the 1st degree (child born alive but dies as a result of injuries prior to birth). (Effective 12/1/13) A 14-23.2(a)(1) and (2) Murder of an unborn child. (Effective 12/1/11) A 14-288.22(a) Unlawful use of a nuclear, biological, or chemical weapon of mass destruction; punishment (injures another). (Effective 11/28/01) B1 14-17(b) Murder in the 2nd degree (except as provided in (b)(1) and (2)). (Was Class B2 – Effective 12/1/12) B1 14-17(c) Murder in the 2nd degree (except as provided in (b)(1) and (2)) (child born alive but dies as a result of injuries prior to birth). (Effective 12/1/13) B1 14-27.21 1st degree forcible rape. (Was G.S. 14-27.2(a)(2) – Effective 12/1/15) (added the threatened use of the dangerous weapon – Effective 12/1/17) B1 14-27.23 Statutory rape of a child by an adult. (Was G.S. 14-27.2A (Effective 12/1/08) – Effective 12/1/15) B1 14-27.24 1st degree statutory rape. (Was G.S. 14-27.2(a)(1) – Effective 12/1/15) B1 14-27.25(a) Statutory rape of person who is 15 years of age or younger (defendant is at least at least 12 years old and at least six years older than victim). (Was G.S. 14-27.7A(a), added victims under 13 - Effective 12/1/15) B1 14-27.26 1st degree forcible sexual offense. (Was G.S. 14-4(a)(2) – Effective 12/1/15) (added the threatened use of the dangerous weapon – Effective 12/1/17) B1 14-27.28 Statutory sexual offense with a child by an adult. (Was G.S. 14-27.4A (Effective 12/1/08) – Effective 12/1/15) B1 14-27.29 1st degree statutory sexual offense. (Was G.S. 14-4(a)(1) – Effective 12/1/15) B1 14-27.30(a) Statutory sexual offense with a person who is 15 years of age or younger (defendant is at least at least 12 years old and at least six years older than victim). (Was G.S. 14-27.7A(a), added victims under 13 – Effective 12/1/15) B1 14-178(b)(1) Incest (child is under 13 and person is at least 12 and at least four years older than child; child is 13, 14, or 15 and person is at least six years older than the child). (Effective 12/1/02) B1 14-288.21 Unlawful manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of a nuclear, biological, or chemical weapon of mass destruction; exceptions; punishment. (Effective 11/28/01) North Carolina Sentencing and Policy Advisory Commission B1 14-288.22(b) Unlawful use of a nuclear, biological, or chemical weapon of mass destruction; punishment (attempts, solicits, conspires to injure another). (Effective 11/28/01) B1 14-288.22(c) Unlawful use of a nuclear, biological, or chemical weapon of mass destruction; punishment (deposits for delivery). (Effective 11/28/01) B2 14-17(b)(1) or (2) Murder in the 2nd degree (unlawful killing with depraved heart malice, or by distribution of listed substance). (Added substances – Effective 12/1/17) B2 14-17(c) Murder in the 2nd degree (unlawful killing with depraved heart malice, or by distribution of listed substance) (child born alive but dies as result of injuries prior to birth). (Effective 12/1/13) B2 14-23.2(a)(3) Murder of an unborn child (fetal death caused by act that is inherently dangerous to life and done so recklessly and wantonly to reflect disregard for life). (Effective 12/1/11) B2 14-43.11 Human trafficking (victim is minor). (Effective 12/1/06) (Added actions taken in reckless disregard of consequences – Effective 10/1/13) (Was Class C – Effective 12/1/17) B2 14-318.4(a3) Child abuse inflicting serious bodily injury. (Effective 12/1/99) (Was Class C – Effective 12/1/13) B2 20-141.4(a6) Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle (repeat felony death by vehicle). (Effective 12/1/06) B2 75A-10.3(e), (f)(1) Death or serious injury by impaired boating; repeat offenses (repeat death by impaired boating). (Effective 12/1/16) C 14-7.36 Armed habitual felon. (Effective 10/1/13) C 14-27.22 2nd degree forcible rape. (Was G.S. 14-27.3, 2nd degree rape – Effective 12/1/15) C 14-27.25(b) Statutory rape of person who is 15 years of age or younger (defendant is at least 12 years old and more than four but less than six years older than victim). (Was G.S. 14-27.7A(b), added victims under 13 – Effective 12/1/15) C 14-27.27 2nd degree forcible sexual offense. (Was G.S. 14-27.5 – Effective 12/1/15) C 14-27.30(b) Statutory sexual offense with a person who is 15 years of age or younger (defendant is at least 12 years old and more than four but less than six years older than victim). (Was G.S. 14-27.7A(b), added victims under 13 – Effective 12/1/15) C 14-28 Malicious castration. C 14-30 Malicious maiming. C 14-32(a) Assault with deadly weapon with intent to kill inflicting serious injury. C 14-32.2(b)(1) Patient abuse and neglect, intentional conduct proximately causes death. C 14-34.1(c) Discharging certain barreled weapons or a firearm into occupied property (results in serious bodily injury). (Effective 12/1/05) 2 North Carolina Sentencing and Policy Advisory Commission C 14-34.4 Adulterated or misbranded food, drugs, etc.; intent to cause serious injury or death; intent to extort. C 14-39 Kidnapping in the 1st degree. C 14-43.11 Human trafficking (victim is adult). (Effective 12/1/06) (Added actions taken in reckless disregard of consequences – Effective 10/1/13) (Was Class F – Effective 12/1/17) C 14-43.12 Involuntary servitude (victim is minor). (Effective 12/1/06) C 14-43.13 Sexual servitude (victim is minor). (Effective 12/1/06) C 14-74 Larceny by servants and other employees (amount involved $100,000 or more). (Effective 12/1/97) C 14-90 Embezzlement of property received by virtue of office or employment (amount involved $100,000 or more). (Effective 12/1/97) C 14-91 Embezzlement of State property by public officers and employees (amount involved $100,000 or more). (Effective 12/1/97) C 14-92 Embezzlement of funds by public officers and trustees (amount involved $100,000 or more). (Effective 12/1/97) C 14-93 Embezzlement by treasurers of charitable and religious organizations (amount involved $100,000 or more). (Effective 12/1/97) C 14-94 Embezzlement by officers of railroad companies (amount involved $100,000 or more). (Effective 12/1/97) C 14-97 Appropriation of partnership funds by partner to personal use (amount involved $100,000 or more). (Effective 12/1/97) C 14-98 Embezzlement by surviving partner (amount involved $100,000 or more). (Effective 12/1/97) C 14-99 Embezzlement of taxes by officers (amount involved $100,000 or more). (Effective 12/1/97) C 14-100 Obtaining property by false pretenses (amount involved $100,000 or more). (Effective 12/1/97) C 14-159.1 Contaminating a public water system. C 14-178(b)(2) Incest (child is 13, 14, or 15 and person is more than four but less than six years older than the child). (Effective 12/1/02) C 14-190.16 1st degree sexual exploitation of a minor. (Was Class D - Effective 12/1/08) C 14-190.18 Promoting prostitution of a minor. (Was Class D - Effective 12/1/08) (Repealed –Effective 10/1/13) C 14-205.3(b)(3), (d) Promoting prostitution (minor or mentally disabled person). (Effective 10/1/13) C 14-205.3(b), (d) Promoting prostitution (minor or mentally disabled person) (second or subsequent conviction for violation of G.S. 14-205.3, -204, -205.1, -205.2). (Effective 10/1/13) C 14-401.11(b)(3) Distribution of certain food at Halloween and all other times prohibited (poisonous chemical/foreign substance). 3 North Carolina Sentencing and Policy Advisory Commission C 45A-8 Embezzlement of closing funds by settlement agent (amount involved $100,000 or more). (Effective 12/1/09) C 53-129 Misapplication, embezzlement of funds, etc. (amount involved $100,000 or more). (Effective 12/1/97) (Repealed – Effective 10/1/12) C 53C-8-11 Misapplication, embezzlement of funds. (Amount involved $100,000 or more - Effective 10/1/12) C 58-2-162 Embezzlement by insurance agents, brokers, or administrators (amount involved $100,000 or more). (Effective 12/1/97) C 78A-57(a2) Criminal penalties (violations of 78A-8, -11, -13, or -14 (Securities Act)) (resulting loss is $100,000 or more). (Effective 12/1/03) C 78C-39(a2) Criminal penalties (violations of 78C-8(a)(1), (a)(2), or (b) (Investment Advisors)) (resulting loss is $100,000 or more). (Effective 12/1/03) C 78D-24 Criminal penalties (Commodities Act) (resulting loss is $100,000 or more).