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New NC Criminal Laws Effective December 1, 2013

During the 2013 legislative session, the North Carolina General Assembly passed a bundle of new laws and changed numerous laws already on the books. Since “ignorance of the law is not an excuse” (despite the overwhelming amount of laws and their complexity,) the Clifford Division has summarized most* of the new criminal laws and changes for your convenience. All of the laws summarized below went into effect on December 1, 2013.

 SESSION LAW 2013-52 (“Caylee’s Law”)

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

14-318.5(b)

FELONY

Class I

A parent or caretaker who fails to report the disappearance of a child to law enforcement after 24 hours without contact.

14-318.5(c)

MISDEMEANOR

Class 1

Any person who reasonably suspects the disappearance of a child and that the child may be in danger but fails to report to law enforcement within a reasonable time.

14-401.22(a1)

FELONY

Class H

Any person, with the intent to conceal a child’s death, fails to notify law enforcement of the death or secretly buries or secretly disposes of the body. A child is a any person under 16 y/o.

14-225(b)

FELONY

Class H

Any person who willfully makes or causes a false, deliberately misleading, or unfounded report to law enforcement regarding the disappearance of a child or involving a child victim (under 16 y/o) of a Class A, B1, B2, or C Felony.

7B-301(b)

MISDEMEANOR

Class 1

Any person or institution who suspects a juvenile has been abused, neglected or dependent but knowingly or wantonly fails to report or prevents another from reporting.

7B-301(c)

MISDEMEANOR

Class 1

A director of social services who receives a report of sexual abuse of a juvenile in a child care facility but knowingly fails to notify the SBI.

SESSION LAW 2013-90

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

90-108(b)

FELONY

Class H

An employee of a registrant or practitioner authorized to possess controlled substances who embezzles OR fraudulently OR knowingly and willfully uses, misapplies, or makes away with such controlled substances under his care.

SESSION LAW 2013-95

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

14-54

FELONY

Class H

Any person who breaks or enters any building with intent to terrorize or injure an occupant.

SESSION LAW 2013-124

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

90-95(d1)(1)

FELONY

Class H

Possessing pseudoephedrine if the person has a prior conviction for possessing or manufacturing methamphetamine.

 SESSION LAW 2013-144

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

14-34.10

FELONY

Class F

Any person who willfully or wantonly discharges or attempts to discharge a firearm within any occupied building or motor vehicle with the intent to incite fear in another.

 SESSION LAW 2013-147

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

90-113.22

Immunity

Any person who, prior to being searched, alerts an officer to the presence of a hypodermic needle or other sharp object which may cut or puncture the officer, will not be charged or prosecuted for possession of drug paraphernalia for that object.

 SESSION LAW 2013-286

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

14-111.4

MISDEMEANOR

Class 1

Any person who knowingly misuses the 911 system – meaning they are not seeking public safety assistance, not providing 911 service, or are accessing the system for a purpose other than an emergency communication.

 SESSION LAW 2013-293

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

20-217(e)

MISDEMEANOR

Class 1

&

FINE

at least $500

When a school bus is stopped to discharge or receive passengers AND it is displaying its stop sign or flashing red lights, the driver of any other vehicle approaching must come to a complete stop until the stop sign or red lights have been withdrawn and the bus begins to move.

20-217(g)

FELONY

Class I

&

FINE

at least $1,250

Any person who violates the above law AND strikes any person during the course of such violation.

20-217(g)

FELONY

Class H

&

FINE

at least $2,500

Any person who violates the above law AND strikes any person during the course of such violation and this results in the death of that person struck.

 SESSION LAW 2013-323

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

14-72.7

FELONY

Class G

Any person who engages in altering, destroying, purchasing, selling, transferring, disassembling, or storing a motor vehicle reasonable believed to have been illegally obtained.

20-62.1

FELONY

Class I

Any person who knowingly and willfully violates the requirements for purchasing vehicles for the purpose of scraps or parts or who falsifies the forms required for such.

 SESSION LAW 2013-345

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

106-277.24

MISDEMEANOR

Class 3

&

FINE

not more than $10,000

Any person, firm or corporation who violates any provision of  Article 31 of Chapter 106 of the North Carolina General Statutes,  which regulates the labeling, possessing for sale, sale and offering or exposing for sale or otherwise providing for planting purposes of agricultural seeds and vegetable seeds.

 SESSION LAW 2013-389

NORTH CAROLINA GENERAL STATUTE

CRIME LEVEL

SUMMARY OF LAW/CHANGES

14-256

FELONY

Class H

Any person who has been charged with or convicted of a felony who is in a prison facility, jail, or lockup and escapes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* This blog is only meant to summarize SOME of the new laws, criminal laws which the Clifford Division has deemed important. For a more comprehensive list of all new laws from this term, please visit here.

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