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General penalty clause Section Liability for civil damages Section Persons who may bring action—Persons liable—Damages recoverable Section Individual drug users who may bring action—Persons liable for damages—Damages recoverable Section Third party payment of damages—Defense under contract of insurance—Indemnification—Prohibition Section Drug market target community—Level of offense Section Joinder of parties—Judgments Section Comparative responsibility—Burden and standard of proof Section Right of contribution—Recovery by plaintiff Section Proof of participation in illegal drug market—Standard of proof—Prima facie evidence of participation Section Attachment of assets—Execution of judgment—Exempt property—Property seized by forfeiture Section Limitation of action—Accrual of cause of action—Tolling Section Legal representation of the Choctaw Nation—Stay of action Section Interfamily tort immunity not altered Article 5.
Enforcement and Administration Section Powers of enforcement personnel Section Inspections Section Property subject to forfeiture Section Transactions involving proceeds derived from illegal drug activity prohibited— Penalties Section Seizure of property Section Summary forfeiture of certain substances Section Seizure of property—Notice of seizure and intended forfeiture proceeding—Verified answer and claim to property—Hearing—Evidence and proof—Proceeds of sale Section Itemization and submission for destruction Section Disposition of seized property Section Eradication—Penalties—Prohibition of suspended or deferred sentences or probation Section Defenses—Descriptions Article 6.
Reserved Article 7. Reserved Article 8. Miscellaneous Provisions Section Additional Unlawful Acts Enumerated. Choctaw Nation Juvenile Code: Chapter 1. Legislative intent—Construction of chapter—Purpose Section Definitions Chapter 2. Custody and Court Proceedings Section Taking of child into custody—Detention—Medical treatment—Behavioral health treatment—Hearing on order for medical treatment Section Personal jurisdiction Section Preliminary inquiry—Petition Section Order removing child from home prohibited absent certain determinations Section Petition—Subsequent pleadings—Amended petitions Section Summons—Warrant—Service Section Conduct of interrogations—Appointment of counsel—Guardians ad litem Section Trial by court Section Conduct of adjudicative hearings Section Child is charged with an offense which would be a felony if committed by an adult—Trial as adult—Certification Order—Bail Section Deferral of delinquency proceedings Section Dispositional hearings Section Individual treatment and service plans Section Disposition orders—Revocation, modification and redisposition Section Periodic review of disposition orders Section Hearing to Determine Final Eligibility Section Costs and Fees Section Appeals Section Expenses for care and maintenance of child Section Procedures and requirements for placement of adjudicated children Section Termination of parental rights Section Child in need of behavioral health treatment Section Detention Section Conditions of detention of child—Detention or confinement in adult facility Section Persons under 18 years of age who have fled from another jurisdiction considered adults for purposes of detention only in certain cases Section Temporary detention of children—Detention facilities, services, and centers—Transportation Section Educational Needs and Opportunities Chapter 4.
Reserved Chapter 5. Records Section Court to keep records—Definitions Section Confidential juvenile record Section Confidentiality of social records Section Inspection and disclosure of confidential records without court order Section Inspection and disclosure of juvenile court records without court order Section Inspection and disclosure of the Choctaw Nation Department of Children and Family Services records without court order Section Fingerprinting of persons under 18 Section Effect of adjudication—Sealing of records—Order unsealing sealed records—Destruction of records Section Expungement of open juvenile court record Section Procedures for providing certain records to tribal police—Confidentiality Chapter 7-Juvenile Justice Section Community-based programs Section Agreements to establish or maintain community-based youth service programs, shelters and community intervention centers Section Section Management information system—Integration with other management information systems—Access to confidential records and reports Section Defining services and programs Section Annual review of programs and services—Reports Section Intake and probation services—Services related to juvenile offenders Section Child adjudicated in need of supervision—Placement—Rehabilitative facilities—Mental health treatment Section Discharge of children adjudicated delinquent—Retention of custody and jurisdiction Section Juveniles placed in Department-operated institutions and facilities—Powers and duties of Department Section Methods of administration—Superintendent as guardian Section Rules, policies and procedures required in facilities Section Physical force, when authorized—Mechanical restraints—Chemical agents Section Escape or run away from institutional placement Section Facilities and residential programs—Legislative intent Section Secure facilities—Violations Section Purpose—Short title Section Implementation of Program—Duties of agencies Section Juvenile sex offender defined Section Juvenile sex offender registry—Information included Section Application register—Criteria for qualifying—Court order Section Juvenile sex offenders ordered to probation—Notification of duty to register Section Annual registration—Notification of change of name and address Section Failure to register or provide notification of change of name or address Section Transfer of registration to adult sex offender registry—Petition Section Juveniles not subject to act Section Disclosure of information—Immunity from liability Section Use of information to commit crime or cause physical harm or damage to property—Penalties Section Issuance of Fingerprint Identification Card Section Intent of the Tribal Council Section School fingerprinting programs.
Choctaw Nation Juror Code : Section 1. Jury pool Section 2. Random Selection Section 3. Drawing jury panels Section 4. Certifying and Juror Names Section 5. Delivery of envelopes Section 6. Sealing and retaining juror name cards Section 7. Summoning Jurors Section 8. Jury Panel — oath or affirmation Section 9. On-call systems jurors Section Selecting trial jurors from panel Section Qualifications and exemptions of jurors Section Substantial compliance Section Number of jurors Section Challenges to jurors Section Role of the court and jury Section Jury Selection Section Oath to the jury Section Discharge of employee for jury service Section Asking jurors their address or telephone number in presence of defendant prohibited Section Adverse action against student for jury service prohibited Section Fees and mileage for jurors Section Conduct of jury during trial.
Legislative Intent and Purpose Section Jurisdiction — Transfers to and from other Courts Section Enforcement Authority Section Immunity from Civil or Criminal Liability Section 1. Notice of Custody Hearing Section Emergency Custody Hearing Section Non-jury Trial Section Conduct of Hearings Section Alternative Dispute Resolution Section Admissibility of Evidence Section Dispositional Orders—Required Information Section Modification or Termination of Permanent Guardianship Section Permanency Hearing Section Effect of Termination of Parental Rights Section References to Child in Appellate Opinions Section Additional Duties and Powers of Department Section Foster Placement—License or Authorization Section Referees Section Kinship Foster Care Section Grievance Procedures Section Declarations and Findings of Tribal Council Section General Provision Section Citation Section Parent - Child Relationship Section Establishment of Parent - Child Relationship Section Presumption of Paternity Article 3.
Acknowledgement of Paternity Section Voluntary Acknowledgment of Paternity Section Denial of Paternity — Validity Section Effect of Acknowledgment or Denial Section Rescission of Acknowledgment or Denial Section Ratification of Unchallenged Acknowledgment Prohibited Section Full Faith and Credit Article 4.
Reserved Article 5 Genetic Testing Section Scope of Article Section Report of Testing—Chain of Custody Section Identification of father - Rebuttal Section Testing of a Deceased Individual Section Release of Report of Genetic Testing Article 6. Proceedings to Adjudicate Parentage Part 1. Nature of Proceeding Section Civil Proceeding to Adjudicate Parentage Section Who may be Joined Section Personal Jurisdiction Section Venue Section Limitation of Actions Section Joinder of Proceedings Section Admission of Paternity Section Hearings and Adjudications Section Rules to Adjudicate Paternity of a Child Section Court Shall Adjudicate Paternity Section Article 7.
Reserved Article 9. Eligibility Section Payments Section Agreements Section Safety Section Case Plan Requirements. Choctaw Nation Adoption Code: Article 1. Policy and General Definitions Section Short Title--Composition of Code Section Definitions Article 2. Jurisdiction, Venue and Choice of Law Section Jurisdiction Section Adoption of Minors Section Who May Consent Section When Consent May be Given Section Permanent Relinquishments Section Contents of Consent to Adoption Section Extrajudicial Consent Section Notice of Plan for Adoption Section Temporary Orders of Custody Article 4.
Medical and Social Histories Section Medical and Social History Report Section Disclosure Article 5. Adoption Proceedings Section Priority on docket--Proceedings to be Expedited Section Contents Section Exceptions to Requirement of Parental Consent Section Subsequent Home Study — Waiver Section Contents of Home Study Section Interlocutory Decree Section Denial of Petition for Adoption Section Certificate of adoption--Supplementary birth certificate--Sealed records - Disclosure of original records Section Adoption Dissolution Statistics to be Published Article 6.
Paternity Registry Section Adult Adoptions Section Adult Adoptions Article 8. Records Retention Section Records retention Article 9. Adoption Exchange Section Withdrawal of Child from Register Article Interstate Compact for the Placement of Children Section Purpose Article II. Definitions Article III.
Applicability Article IV. Jurisdiction Article V. Placement Evaluation Article VI. Indian Tribes Article Adoption Assistance Agreements Section Kinship Guardianship Assistance. Code of Civil Procedure: Chapter 1. Preliminary Provisions. Section 1. Title of Chapter. Section 2. Section 3. Legislative Purpose. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Chapter 1B. Professional Negligence. Chapter 2. Books to be Kept by the District Court Clerk. Appearance Docket. Journal Record--Instruments to be Entered.
Clerk May Collect Judgment and Costs. Clerks to Issue Writs and Orders—Preparation. Entry on Return of Summons. Material for Record. Applicable to What Courts. Seal of the Clerk of the District Court Section Style of Process Section Appointment of a Substitute for Service of Process.
Justification of Surety Section Qualifications of Surety Section Real Estate Mortgage as Bond Section Valuation of Real Estate Section Affirmation Section Court of Appeals Rules Section Action on Official Bond Section Immaterial Errors to be Disregarded Section Chapter 2A.
Rules for the District Court. Rule 1. Effect of Code on Pending Actions. Rule 2. Service and Proof of Service Rule 3. Objections to Service and Venue. Rule 4. Time to Assert Various Claims. Rule 5. Pretrial Proceedings. Rule 7. Motions to Confirm Sales. Rule 8. Rule 9. Diligence in Prosecution. Rule Notice of taking Default Judgment. Judges; Uniformity of Rulings. Disqualification of Judges in Civil and Criminal Cases.
Default Judgment against defendant Served Solely by Publication. Motion for New Trial. Parole Revocation—Juveniles. Page 5 of CB Rule Vacation of Final Judgments. Direct Contempt. Garnishee Summons. Orders of Attachment. Matters Taken Under Advisement. Chapter 3. Limitation of Actions.
Actions Barred not Revived. Limitations Applicable. Limitations of Real Actions Section Limitation of Other Actions. Absence or flight of defendant--Effect of other laws. Statutory Bar Absolute—Exception. Chapter 4. Chapter 5. Chapter 6. Chapter 7. Parties, Plaintiff and defendant; Capacity. Joinder of Claims, Remedies, and Actions. Joinder of Persons Needed for Just Adjudication. Permissive Joinder of Parties. Misjoinder and Non-Joinder of Parties. Substitution of Parties. Chapter 8.
Chapter 9. Chapter Modes of Taking Testimony. Affidavit defined. Statement under Penalty of Perjury. Use of Affidavit. Where and before whom taken. Trial Defined. How Issues Arise—Kinds of Issues. Trial of Issues. Order of Trial. Proof of Official Record. Determination of Foreign Law. Appointment and Duties of Masters. Statement of Findings and Conclusions of Law. Exceptions—How Taken to Action of the Court.
New Trial—Definition—Causes for. Time for Filing Application for New Trial. Making of Application—Affidavits. Petition for New Trial. Rate of Damages Recoverable. Judgment defined. Default Judgment. Offer of Judgment. Judgment for Specific Acts; Vesting Title. Summary Judgment. Entry of Judgment. New Trials; Amendments of Judgments. Relief from Judgment or Order. Harmless Error. Stay of Proceedings to Enforce a Judgment. Disability of a Judge. Judgment against Infant.
Judgment as Liens. Discharge of Money Judgment Liens. Additional Cash Deposits. Provision for Costs, Attorney Fees, and Interest. Reversal by Court of Appeals. Interest on Money Judgment. Provisional and Final Remedies and Special Proceedings. Seizure of Person or Property.
Receivers Appointed by the Courts. Deposit in Court. Process on Behalf of and Against Persons not Parties. Security; Proceedings against Sureties. Injunction Defined. Cause for Injunction; Temporary Restraining Order. Temporary Restraining Order; Service. Preliminary Injunction. Preliminary Injunction; Criteria. Form and Scope of Injunction or Restraining Order. Employer and Employee; Interpleader; Constitutional Cases. Use of Affidavits. Injunction by defendant. Injunction is Equitable.
Modification of Preliminary Injunction. Modification of Permanent Injunction; Separate Action. Injunctions Tried to the Court. Enforcement of Restraining Orders and Injunctions. Order of Delivery; Procedure. Undertaking in Replevin.
Replevin Bond; Value. Order of Delivery. Order Returnable. Execution of Order. Re-delivery on Bond. Exception to Sureties. Proceedings on Failure to Prosecute Action. Judgment; Damages; Attorney Fees. Officer May Break into Buildings.
Compelling Delivery by Attachment. Improper Issue of Order of Delivery. Grounds for Attachment. Attachment Affidavit. Attachment Bonds. Order of Attachment. When Returnable. Order of Execution. Execution of Attachment Order. Service of Order. Nature of Garnishment. Answer of Garnishee; Form; Instructions Section Effects of Offsets Claimed by Garnishee. Judgment in Garnishment Proceedings.
Bond of Defendant for Payment of Judgment Section Forms to be used. Income Assignment Proceedings. Payments Pursuant to Income Assignment. Appointment of Receiver. Persons Ineligible. Oath and Bond. Powers of Receiver. Investment of Funds. Disposition of Property Litigated.
Punishment for Disobedience of Court. Vacation of Appointment by Court of Appeals. Indirect Contempts; Notice; Appearance Bond. Appeal and Error. Jurisdiction of Court of Appeals. Final Order Defined. Mistake, Neglect, or Omission of Clerk. Writs of Error and Certiorari Abolished. Section A. Automatic Stay. Appeals from Certain Interlocutory Orders; Undertaking. Procedure when there is more than one claim or party; Final Judgment.
Dismissal of Frivolous Appeals; Sanctions. Trial Court Vacation and Modification of Judgments. Power to Vacate or Modify its Judgments; Timing. Mistakes or Omissions of the Court Clerk. Motions after Thirty 30 Days. Liens and Securities Preserved. Order Suspending Proceedings. Judgment before Trial. Time Limitations. Survival and Abatement of Actions. Additional Causes of Action. Actions which Abate on Death of a Party. Wrongful Death—Limitation of Actions—Damages. Death of a Child. Revivor of Action.
Death of Party after Judgment. Dissolved Partnerships. Dismissal of any Actions in which no Pleadings have been Filed for a Year. Enforcement of Contracts or Obligations. Death of Nonresident. Miscellaneous Proceedings. Offer—Acceptance by Plaintiff—Notice—Filing. Judgment—Enforcement—Subject to Reversal. Action by Surety against Principal. Action by Surety for Indemnification before Liability is Due.
Provisional Remedies for Surety. Definition of Order. Orders Made out of Court—Entered by Clerk. Short Title. Liability for Damages, Costs, and Attorney Fees. Actions to Recover Real Property. Actions for Recovery of Real Property. Denial by Defendant of Title. In an Action brought by Tenant against a Cotenant. Matter of Right to one Trial—New Trial. Undivided Interests. Powers of Court. Extent of Jurisdiction. Issuance and Return of Summons—Contents Section Service of Summons.
Constructive Service of Summons. Answer or Affidavit by Defendant. Trial by Court. Attorney Fee. Writ of Execution—Form—New Trial. Habeas Corpus. Granting of Writ. Writ Directed to Officer having Person under Restraint.
Tribal Police to Serve Writ if Directed to any other person. Service of Writ. Immediate Return—Enforcement of Obedience by Attachment. Return to be Signed and Verified—Contents. Decision of Judge to Decide on Return. Discharge from Order of Commitment. Purpose of Letting Prisoner to Bail. Notification of Interested Party. Liability of Tribal Police for Civil Actions. Illegal Restraint—Carrying out of jurisdiction of Court—Warrant.
Manner of Execution of Writ Section Temporary Orders. Issuance and Service on Sunday in Case of Emergency. Issuance, Service and Return of Process. Slander and Libel. Definition of Libel. Definition of Slander. Privileged Communication Defined—Exemption from Libel. Article Published in Good Faith—Retraction. Limitation of Liability of Owners, Etc. Actual or Punitive Damages. Recording and Preservation of Political Utterances.
False Statements must be counteracted by True Statements upon Request. Petition for Partition—Contents. Contents of Reasonable Certainty in Petition. Appointment of Commissioners to Make Partition. Commissioners to Allot Portions. Commissioners to Take and Subscribe an Oath.
Purchase at Appraised Value. Order for Tribal Police to Sell Property. Power of Court to Make Order. Sale of Property that cannot be Partitioned—Procedure. Quo Warranto. Judgment in Case Contesting Right to Office. Judgment in Favor of Plaintiff. The sentencing judge may not suspend the sentence and may not place the person sentenced on probation. Sentences for violent habitual felons imposed under this Article shall run consecutively with and shall commence at the expiration of any other sentence being served by the person.
Which are undertaken by the person in concert with five or more other persons with respect to whom the person occupies a position of organizer, a supervisory position, or any other position of management; and. From which the person obtains substantial income or resources. Breaking or entering with intent to terrorize or injure an occupant of the building G. Breaking or entering a building that is a place of religious worship G.
Any repealed or superseded offense substantially equivalent to any of the offenses in sub-subdivision a. Any offense committed in another jurisdiction substantially similar to any of the offenses in sub-subdivision a. Any person who has been convicted of or pled guilty to one or more prior felony offenses of breaking and entering in any federal court or state court in the United States, or combination thereof, is guilty of the status offense of habitual breaking and entering and may be charged with that status offense pursuant to this Article.
This Article does not apply to a second felony offense of breaking and entering unless it is committed after the conviction of the first felony offense of breaking and entering. For purposes of this Article, felony offenses of breaking and entering committed before the person is 18 years of age shall not constitute more than one felony of breaking and entering.
Any felony to which a pardon has been extended shall not, for the purposes of this Article, constitute a felony offense of breaking and entering. When any person is charged with a felony offense of breaking and entering and is also charged with being a status offender as defined in G. To sustain a conviction of a person as a status offender, the person must be charged separately for the felony offense of breaking and entering and for the habitual breaking and entering status offense.
The indictment charging the defendant as a status offender shall be separate from the indictment charging the person with the principal felony offense of breaking and entering. No defendant charged with being a status offender in a bill of indictment shall be required to go to trial on the charge within 20 days of the finding of a true bill by the grand jury; provided, the defendant may waive this day period.
In all cases in which a person is charged under the provisions of this Article with being a status offender, the record of prior conviction of the felony offense of breaking and entering shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of a former felony offense of breaking and entering.
The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court and shall be prima facie evidence of the facts set out therein.
The indictment that the person is a status offender shall not be revealed to the jury unless the jury shall find that the defendant is guilty of the principal felony offense of breaking and entering with which the defendant is charged. Except that the same jury may be used, the proceedings shall be as if the issue of status offender were a principal charge. If the jury finds that the defendant is not a status offender, the trial judge shall pronounce judgment on the principal felony offense of breaking and entering as provided by law.
Any person who has been convicted of or pled guilty to one or more prior firearm-related felony offenses in any federal court or state court in the United States, or combination thereof, is guilty of the status offense of armed habitual felon and may be charged with that status offense pursuant to this Article. This Article does not apply to a second firearm-related felony unless it is committed after the conviction of a firearm-related felony in which evidence of the person's use, display, or threatened use or display of a firearm was needed to prove an element of the felony or was needed to establish the requirement for an enhanced or aggravated sentence.
For purposes of this Article, firearm-related felonies committed before the person is 18 years of age shall not constitute more than one firearm-related felony. Any firearm-related felony to which a pardon has been extended shall not, for the purposes of this Article, constitute a firearm-related felony. When any person is charged with a firearm-related felony and is also charged with being a status offender, the person must, upon conviction, be sentenced and punished as a status offender as provided by this Article.
To sustain a conviction of a person as a status offender, the person must be charged separately for the principal firearm-related felony and for the status offense of armed habitual felon. The indictment charging the defendant as a status offender shall be separate from the indictment charging the person with the principal firearm-related felony.
In all cases in which a person is charged under the provisions of this Article with being a status offender, the record of prior conviction of the firearm-related felony shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of a former firearm-related felony.
The indictment that the person is a status offender shall not be revealed to the jury unless the jury shall find that the defendant is guilty of the principal firearm-related felony with which the defendant is charged.
If the jury finds that the defendant is not a status offender, the trial judge shall pronounce judgment on the principal firearm-related felony offense as provided by law. However, in no case shall the person receive a minimum term of imprisonment of less than months. The court may not suspend the sentence and may not place the person sentenced on probation.
All crimes committed by use of an unmanned aircraft system, as defined in G. If any person shall incite, set on foot, assist or engage in a rebellion or insurrection against the authority of the State of North Carolina or the laws thereof, or shall give aid or comfort thereto, every person so offending in any of the ways aforesaid shall be guilty of a felony, and shall be punished as a Class F felon.
Secret political and military organizations forbidden. A violation of this section is a separate offense from the underlying offense and shall not merge with other offenses. However, the forfeiture of any real or personal property shall be subordinate to any security interest in the property taken by a lender in good faith as collateral for the extension of credit and recorded as provided by law, and no real or personal property shall be forfeited under this section against an owner who made a bona fide purchase of the property, or a person with rightful possession of the property, without knowledge of a violation of this Article.
Activities aimed at overthrow of government; use of public buildings. It shall be unlawful for any person, by word of mouth or writing, willfully and deliberately to advocate, advise or teach a doctrine that the government of the United States, the State of North Carolina or any political subdivision thereof shall be overthrown or overturned by force or violence or by any other unlawful means.
It shall be unlawful for any public building in the State, owned by the State of North Carolina, any political subdivision thereof, or by any department or agency of the State or any institution supported in whole or in part by State funds, to be used by any person for the purpose of advocating, advising or teaching a doctrine that the government of the United States, the State of North Carolina or any political subdivision thereof should be overthrown by force, violence or any other unlawful means.
Any person or persons violating any of the provisions of this Article shall, for the first offense, be guilty of a Class 1 misdemeanor and be punished accordingly, and for the second offense shall be punished as a Class H felon. Certain subversive activities made unlawful.
Any person violating the provisions of this section shall be punished as a Class H felon. Whenever two or more persons assemble for the purpose of advocating or teaching the doctrine that the government of the United States or a political subdivision of the United States should be overthrown by force, violence or any unlawful means, such an assembly is unlawful, and every person voluntarily participating therein by his presence, aid or instigation, shall be punished as a Class H felon.
Every editor or proprietor of a book, newspaper or serial and every manager of a partnership or incorporated association by which a book, newspaper or serial is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial. But in every prosecution therefor, the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from him to make the publication and whose act was disavowed by him as soon as known.
Evidence satisfactory to the head of such department, bureau, institution or agency of the State shall be sufficient for refusal to employ any person or cause for discharge of any employee for the reasons set forth in this paragraph. Prohibited Secret Societies and Activities. The terms used in this Article are defined as follows:. Certain secret societies prohibited. It shall be unlawful for any person to join, unite himself with, become a member of, apply for membership in, form, organize, solicit members for, combine and agree with any person or persons to form or organize, or to encourage, aid or assist in any way any secret political society or any secret military society or any secret society having for a purpose the violating or circumventing the laws of the State.
Use of signs, grips, passwords or disguises or taking or administering oath for illegal purposes. It shall be unlawful for any person to use, agree to use, or to encourage, aid or assist in the using of any signs, grips, passwords, disguise of the face, person or voice, or any disguise whatsoever in the furtherance of any illegal secret political purpose, any illegal secret military purpose, or any purpose of violating or circumventing the laws of the State; and it shall be unlawful for any person to take or administer, or agree to take or administer, any extrajudicial oath or secret solemn pledge to further any illegal secret political purpose, any illegal secret military purpose, or any purpose of violating or circumventing the laws of the State.
Permitting, etc. It shall be unlawful for any person to permit or agree to permit any members of a secret political society or a secret military society or a secret society having for a purpose the violating or circumventing the laws of the State to meet or to hold any demonstration in or upon any property owned or controlled by him. Meeting places and meetings of secret societies regulated. Wearing of masks, hoods, etc. No person or persons at least 16 years of age shall, while wearing any mask, hood or device whereby the person, face or voice is disguised so as to conceal the identity of the wearer, enter, be or appear upon any lane, walkway, alley, street, road, highway or other public way in this State.
No person or persons shall in this State, while wearing any mask, hood or device whereby the person, face or voice is disguised so as to conceal the identity of the wearer, enter, or appear upon or within the public property of any municipality or county of the State, or of the State of North Carolina.
Entry, etc. No person or persons at least 16 years of age shall, while wearing a mask, hood or device whereby the person, face or voice is disguised so as to conceal the identity of the wearer, demand entrance or admission, enter or come upon or into, or be upon or in the premises, enclosure or house of any other person in any municipality or county of this State.
Holding meetings or demonstrations while wearing masks, hoods, etc. A person wearing a mask when operating a motorcycle shall remove the mask during a traffic stop, including at a checkpoint or roadblock under G. Placing burning or flaming cross on property of another or on public street or highway or on any public place. Placing exhibit with intention of intimidating, etc. It shall be unlawful for any person or persons to place or cause to be placed anywhere in this State any exhibit of any kind whatsoever, while masked or unmasked, with the intention of intimidating any person or persons, or of preventing them from doing any act which is lawful, or of causing them to do any act which is unlawful.
For the purposes of this section, the term "exhibit" includes items such as a noose. Placing exhibit while wearing mask, hood, or other disguise. It shall be unlawful for any person or persons, while wearing a mask, hood or device whereby the person, face or voice is disguised so as to conceal the identity of the wearer, to place or cause to be placed at or in any place in the State any exhibit of any kind whatsoever, with the intention of intimidating any person or persons, or of preventing them from doing any act which is lawful, or of causing them to do any act which is unlawful.
Punishment for violation of Article. All persons violating any of the provisions of this Article, except for G. All persons violating the provisions of G. Counterferfeiting and Issuing Monetary Substitutes. Counterfeiting coin and uttering coin that is counterfeit. If any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting the resemblance or similitude or likeness of any coin of gold or silver which is in common use and received in the discharge of contracts by the citizens of the State; or shall pass, utter, publish or sell, or attempt to pass, utter, publish or sell, or bring into the State from any other place with intent to pass, utter, publish or sell as true, any such false, forged or counterfeited coin, knowing the same to be false, forged or counterfeited, with intent to defraud any person whatsoever, every person so offending shall be punished as a Class I felon.
Possessing tools for counterfeiting. If any person shall have in his possession any instrument for the purpose of making any counterfeit similitude or likeness of any coin made of gold or silver which is in common use and received in discharge of contracts by the citizens of the State, and shall be duly convicted thereof, the person so offending shall be punished as a Class I felon.
Issuing substitutes for money without authority. Receiving or passing unauthorized substitutes for money. If any person or corporation shall pass or receive, as the representative of, or as the substitute for, money, any bill, check, certificate, promissory note, or other security of the kind mentioned in G. In prosecutions under G. Any person who has been elected to any office covered by this Article but has not yet taken the oath of office shall be considered to hold the office for the purpose of this Article and G.
Any person who commits second degree murder shall be punished as a Class B1 felon, except that a person who commits second degree murder shall be punished as a Class B2 felon in either of the following circumstances:. The degree of murder shall be determined as described in subsections a and b of this section. The common-law crime of suicide is hereby abolished as an offense.
Voluntary manslaughter shall be punishable as a Class D felony, and involuntary manslaughter shall be punishable as a Class F felony. VII, s. Death by distribution of certain controlled substances; aggravated death by distribution of certain controlled substances; penalties. The General Assembly finds that the opioid crisis is overwhelming medical providers engaged in the lawful distribution of controlled substances and is straining prevention and treatment efforts.
Therefore, the General Assembly enacts this law to encourage effective intervention by the criminal justice system to hold illegal drug dealers accountable for criminal conduct that results in death. In calculating the seven-year period under this subdivision, any period of time during which the person was incarcerated in a local, state, or federal detention center, jail, or prison shall be excluded.
As used in this Article only, "unborn child" means a member of the species homo sapiens, at any stage of development, who is carried in the womb. Assault inflicting serious bodily injury on an unborn child; penalty. This offense is a lesser-included offense of G. Nothing in this Article shall be construed to permit the prosecution under this Article of any of the following:.
The following definitions shall apply in this section:. Except for an offense under G. Repealed by Session Laws, , c. After consent is revoked by the other person, in a manner that would cause a reasonable person to believe consent is revoked. A victim who is physically unable to resist an act of vaginal intercourse or a sexual act or communicate unwillingness to submit to an act of vaginal intercourse or a sexual act.
Sexual act also means the penetration, however slight, by any object into the genital or anal opening of another person's body. It is an affirmative defense that the penetration was for accepted medical purposes. Touching the sexual organ, anus, breast, groin, or buttocks of any person. A person touching another person with their own sexual organ, anus, breast, groin, or buttocks. A person ejaculating, emitting, or placing semen, urine, or feces upon any part of another person.
Following the termination of active punishment, the person shall be enrolled in satellite-based monitoring for life pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes. If the court sentences the defendant pursuant to this subsection, it shall make findings of fact supporting its decision, to include matters it considered as egregious aggravation.
Egregious aggravation can include further consideration of existing aggravating factors where the conduct of the defendant falls outside the heartland of cases even the aggravating factors were designed to cover. Egregious aggravation may also be considered based on the extraordinarily young age of the victim, or the depraved torture or mutilation of the victim, or extraordinary physical pain inflicted on the victim.
Statutory sexual offense with a person who is 15 years of age or younger. The term "same school" means a school at which the student is enrolled and the defendant is employed, assigned, or volunteers. For purposes of this section, the term "school safety officer" shall include a school resource officer or any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools.
A person may be prosecuted under this Article whether or not the victim is the person's legal spouse at the time of the commission of the alleged rape or sexual offense. In prosecutions under this Article, there shall be no presumption that any person under the age of 14 years is physically incapable of committing a sex offense of any degree or physically incapable of committing rape, or that a male child under the age of 14 years is incapable of engaging in sexual intercourse.
It shall not be necessary upon the trial of any indictment for an offense under this Article where the sex act alleged is vaginal intercourse or anal intercourse to prove the actual emission of semen in order to constitute the offense; but the offense shall be completed upon proof of penetration only.
Penetration, however slight, is vaginal intercourse or anal intercourse. If any person, of malice aforethought, shall unlawfully castrate any other person, or cut off, maim or disfigure any of the privy members of any person, with intent to murder, maim, disfigure, disable or render impotent such person, the person so offending shall be punished as a Class C felon.
The practice is mostly carried out on girls under the age of 15 years old. The General Assembly also recognizes that the practice includes any procedure that intentionally alters or injures the female genital organs for nonmedical reasons. These procedures can cause severe pain, excessive bleeding, urinary problems, and death. Therefore, the General Assembly enacts this law to protect these vulnerable victims.
Castration or other maiming without malice aforethought. If any person shall, on purpose and unlawfully, but without malice aforethought, cut, or slit the nose, bite or cut off the nose, or a lip or an ear, or disable any limb or member of any other person, or castrate any other person, or cut off, maim or disfigure any of the privy members of any other person, with intent to kill, maim, disfigure, disable or render impotent such person, the person so offending shall be punished as a Class E felon.
If any person shall, of malice aforethought, unlawfully cut out or disable the tongue or put out an eye of any other person, with intent to murder, maim or disfigure, the person so offending, his counselors, abettors and aiders, knowing of and privy to the offense, shall be punished as a Class C felon. II, c. Malicious throwing of corrosive acid or alkali. If any person shall, of malice aforethought, knowingly and willfully throw or cause to be thrown upon another person any corrosive acid or alkali with intent to murder, maim or disfigure and inflicts serious injury not resulting in death, he shall be punished as a Class E felon.
Maliciously assaulting in a secret manner. If any person shall in a secret manner maliciously commit an assault and battery with any deadly weapon upon another by waylaying or otherwise, with intent to kill such other person, notwithstanding the person so assaulted may have been conscious of the presence of his adversary, he shall be punished as a Class E felon. Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments.
A person commits an aggravated assault or assault and battery upon an individual with a disability if, in the course of the assault or assault and battery, that person does any of the following:. Domestic abuse, neglect, and exploitation of disabled or elder adults. If the disabled or elder adult suffers serious injury from the abuse, the caretaker is guilty of a Class F felony. If the disabled or elder adult suffers injury from the abuse, the caretaker is guilty of a Class H felony.
A person is not guilty of an offense under this subsection if the act or failure to act is in accordance with G. If the disabled or elder adult suffers serious injury from the neglect, the caretaker is guilty of a Class G felony. If the disabled or elder adult suffers injury from the neglect, the caretaker is guilty of a Class I felony. Assault inflicting serious bodily injury; strangulation; penalties. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.
A "sports official" is a person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. A "sports event" includes any interscholastic or intramural athletic activity in a primary, middle, junior high, or high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, any athletic activity that is a professional or semiprofessional event, and any other organized athletic activity in the State.
For purposes of this subdivision, the following definitions shall apply:. All activities, wherever occurring, during a school authorized event or the accompanying of students to or from that event; and. An employee of a local board of education; or a charter school authorized under G. An independent contractor or an employee of an independent contractor of a local board of education, charter school authorized under G.
An adult who volunteers his or her services or presence at any school activity and is under the supervision of an individual listed in sub-sub-subdivision 1. A person convicted under this subsection, who is sentenced to a community punishment, shall be placed on supervised probation in addition to any other punishment imposed by the court.
A person committing a second or subsequent violation of this subsection shall be sentenced to an active punishment of no less than 30 days in addition to any other punishment imposed by the court. Evidence of former threats upon plea of self-defense. In any case of assault, assault and battery, or affray in which the plea of the defendant is self-defense, evidence of former threats against the defendant by the person alleged to have been assaulted by him, if such threats shall have been communicated to the defendant before the altercation, shall be competent as bearing upon the reasonableness of the claim of apprehension by the defendant of bodily harm, and also as bearing upon the amount of force which reasonably appeared necessary to the defendant, under the circumstances, to repel his assailant.
A person commits the offense of habitual misdemeanor assault if that person violates any of the provisions of G. A conviction under this section shall not be used as a prior conviction for any other habitual offense statute.
A person convicted of violating this section is guilty of a Class H felony. If any person shall point any gun or pistol at any person, either in fun or otherwise, whether such gun or pistol be loaded or not loaded, he shall be guilty of a Class A1 misdemeanor. Discharging certain barreled weapons or a firearm into occupied property. Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers.
Unless a person's conduct is covered under some other provision of law providing greater punishment, any person who commits an assault with a firearm or any other deadly weapon upon an officer or employee of the State or of any political subdivision of the State, a company police officer certified pursuant to the provisions of Chapter 74E of the General Statutes, or a campus police officer certified pursuant to the provisions of Chapter 74G, Article 1 of Chapter 17C or Chapter of the General Statutes, in the performance of his duties shall be guilty of a Class F felony.
Manufacture, sale, purchase, or possession of teflon-coated types of bullets prohibited. Adulterated or misbranded food, drugs, or cosmetics; intent to cause serious injury or death; intent to extort. Assault with a firearm on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or on a person employed at a State or local detention facility. Assault or affray on a firefighter, an emergency medical technician, medical responder, and hospital personnel.
Certain assaults on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or on a person employed at a State or local detention facility; penalty. For the purposes of this subsection, "physical injury" includes cuts, scrapes, bruises, or other physical injury which does not constitute serious injury.
This section does not apply to a health care professional who uses a laser device in providing services within the scope of practice of that professional nor to any other person who is licensed or authorized by law to use a laser device or uses it in the performance of the person's official duties. Unless covered under some other provision of law providing greater punishment, any person who willfully or wantonly discharges or attempts to discharge a firearm, as a part of criminal gang activity, from within any building, structure, motor vehicle, or other conveyance, erection, or enclosure toward a person or persons not within that enclosure shall be punished as a Class E felon.
Unless covered under some other provision of law providing greater punishment, any person who willfully or wantonly discharges or attempts to discharge a firearm within any occupied building, structure, motor vehicle, or other conveyance, erection, or enclosure with the intent to incite fear in another shall be punished as a Class F felon. Hazing; definition and punishment. It is unlawful for any student in attendance at any university, college, or school in this State to engage in hazing, or to aid or abet any other student in the commission of this offense.
For the purposes of this section hazing is defined as follows: "to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group.
Witnesses in hazing trials; no indictment to be founded on self-criminating testimony. In all trials for the offense of hazing any student or other person subpoenaed as a witness in behalf of the State shall be required to testify if called upon to do so: Provided, however, that no student or other person so testifying shall be amenable or subject to indictment on account of, or by reason of, such testimony. If the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree and is punishable as a Class C felony.
If the person kidnapped was released in a safe place by the defendant and had not been seriously injured or sexually assaulted, the offense is kidnapping in the second degree and is punishable as a Class E felony. Enticing minors out of the State for the purpose of employment. If any person shall employ and carry beyond the limits of this State any minor, or shall induce any minor to go beyond the limits of this State, for the purpose of employment without the consent in writing, duly authenticated, of the parent, guardian or other person having authority over such minor, he shall be guilty of a Class 2 misdemeanor.
The fact of the employment and going out of the State of the minor, or of the going out of the State by the minor, at the solicitation of the person for the purpose of employment, shall be prima facie evidence of knowledge that the person employed or solicited to go beyond the limits of the State is a minor.
Unlawful arrest by officers from other states. A law-enforcement officer of a state other than North Carolina who, knowing that he is in the State of North Carolina and purporting to act by authority of his office, arrests a person in the State of North Carolina, other than as is permitted by G. A person commits the offense of felonious restraint if he unlawfully restrains another person without that person's consent, or the consent of the person's parent or legal custodian if the person is less than 16 years old, and moves the person from the place of the initial restraint by transporting him in a motor vehicle or other conveyance.
Violation of this section is a Class F felony. Felonious restraint is considered a lesser included offense of kidnapping. Reserved for future codification purposes. Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person. Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule.
Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person. Providing a controlled substance, as defined by G. Creating or confirming another's impression of an existing fact or past event that is false and which the accused knows or believes to be false.
Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of such debt.
Promising benefits or the performance of services that the accused does not intend to deliver or perform or knows will not be delivered or performed. The performance of labor, whether or not for compensation, or whether or not for the satisfaction of a debt; and. By deception, coercion, or intimidation using violence or the threat of violence or by any other means of coercion or intimidation. Any sexual activity as defined in G. A person who violates this section is guilty of a Class B2 felony if the victim of the offense is a minor.
Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this section. Consent of a minor is not a defense to prosecution under this section. Eligibility for public benefits and services shall terminate at such time as the victim's eligibility to remain in the United States is terminated under federal law.
A person who violates this section is guilty of a Class C felony if the victim of the offense is a minor. A person violating this subsection shall be guilty of a Class 1 misdemeanor. This section does not apply to actions that are ordered by a court, authorized by statute, or otherwise lawful.
The court may place the minor in the custody of the Department of Social Services or with such other person as is in the best interest of the minor. If the sentencing court rules that the person is a danger to the community and that the person shall register, then an order shall be entered requiring the person to register.
Any minor victim of a violation of G. For purposes of this subdivision, the term "immediate family member" means a spouse, child, sibling, parent, grandparent, grandchild, or the spouse of an immediate family member. This term includes stepparents, stepchildren, stepsiblings, and adoptive relationships.
The greater of i the gross income or value to the defendant of the victim's labor; or ii value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act FLSA. Any costs reasonably incurred by the victim for medical care, psychological treatment, temporary housing, transportation, and any other services designed to assist a victim in recovering from any injuries or loss resulting from a violation of this Article.
If the court determines that the plaintiff's action is frivolous, it may award to the defendant and assess against the plaintiff the reasonable costs and expenses, including attorneys' fees, of the defendant in defending the action brought pursuant to this section.
The term "criminal action" includes investigation and prosecution and is pending until final adjudication in the trial court. At a minimum, the court shall order restitution in an amount equal to the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act FLSA. In addition, the judge may order any other amount of loss identified, including the gross income or value to the defendant of the victim's labor or services and any costs reasonably certain to be incurred by or on behalf of the victim for medical care, psychological treatment, temporary housing, transportation, funeral services, and any other services designed to assist a victim recover from any injuries or loss resulting from an offense committed under G.
Cooperation with law enforcement shall not be required of victims who are under 18 years of age. This certification shall be made available to the victim and the victim's designated legal representative. If the victim fails to claim the restitution award within two years of the date of the restitution order issued by the judge, the clerk shall remit the restitution proceeds to the Crime Victims Compensation Fund established pursuant to G.
Notwithstanding any provision of G. Using drugs or instruments to destroy unborn child. If any person shall willfully administer to any woman, either pregnant or quick with child, or prescribe for any such woman, or advise or procure any such woman to take any medicine, drug or other substance whatever, or shall use or employ any instrument or other means with intent thereby to destroy such child, he shall be punished as a Class H felon.
Using drugs or instruments to produce miscarriage or injure pregnant woman. If any person shall administer to any pregnant woman, or prescribe for any such woman, or advise and procure such woman to take any medicine, drug or anything whatsoever, with intent thereby to procure the miscarriage of such woman, or to injure or destroy such woman, or shall use any instrument or application for any of the above purposes, he shall be punished as a Class I felon.
No person who is less than 18 years of age shall be employed at any clinic, including ambulatory surgical facilities, where abortions are performed. The requirements of this subsection shall not apply to a hospital required to be licensed under Chapter E of the General Statutes.
The qualified physician shall provide this information, including the ultrasound image, to the Department of Health and Human Services pursuant to G. A qualified physician who procures or causes a miscarriage or abortion after the twentieth week of a woman's pregnancy shall record the findings and analysis on which the qualified physician based the determination that there existed a medical emergency as defined by G.
Materials generated by the physician or provided by the physician to the Department of Health and Human Services pursuant to this section shall not be public records under G. The information provided under this subsection shall be for statistical purposes only, and the confidentiality of the patient and the physician shall be protected.
Hospitals or clinics where abortions are performed shall be responsible for providing these statistical summary reports to the Department of Health and Human Services. The reports shall be for statistical purposes only and the confidentiality of the patient relationship shall be protected. The refusal of a physician, nurse, or health care provider to perform or participate in these medical procedures shall not be a basis for damages for the refusal, or for any disciplinary or any other recriminatory action against the physician, nurse, or health care provider.
For purposes of this section, the phrase "health care provider" shall have the same meaning as defined under G. If any person shall, by secretly burying or otherwise disposing of the dead body of a newborn child, endeavor to conceal the birth of such child, such person shall be punished as a Class I felon. Any person aiding, counseling or abetting any other person in concealing the birth of a child in violation of this statute shall be guilty of a Class 1 misdemeanor. III, c. IV, c.
Prohibit sale of the remains of an unborn child resulting from an abortion or miscarriage. The term shall not include payment for incineration, burial, cremation, or any services performed pursuant to G. Communicating libelous matter to newspapers. If any person shall state, deliver or transmit by any means whatever, to the manager, editor, publisher or reporter of any newspaper or periodical for publication therein any false and libelous statement concerning any person or corporation, and thereby secure the publication of the same, he shall be guilty of a Class 2 misdemeanor.
Malicious use of explosive or incendiary; punishment. Malicious damage of occupied property by use of explosive or incendiary; punishment. Any person who willfully and maliciously damages any real or personal property of any kind or nature, being at the time occupied by another, by the use of any explosive or incendiary device or material is guilty of a felony punishable as a Class D felony. Explosive or incendiary device or material defined.
The term shall not include three or more persons associated in fact, whether formal or informal, who are not engaged in criminal gang activity. The offense is committed with the intent to benefit, promote, or further the interests of a criminal gang or for the purposes of increasing a person's own standing or position within a criminal gang.
The participants in the offense are identified as criminal gang members acting individually or collectively to further any criminal purpose of a criminal gang. Exercises decision-making authority over matters regarding a criminal gang. Participates in the direction, planning, organizing, or commission of criminal gang activity. The person is identified as a criminal gang member by a reliable source, including a parent or a guardian.
The person has adopted symbols, hand signs, or graffiti associated with a criminal gang. The person has adopted the display of colors or the style of dress associated with a criminal gang. The person is in possession of or linked to a criminal gang by physical evidence, including photographs, ledgers, rosters, written or electronic communications, or membership documents. The person has adopted language or terminology associated with a criminal gang. The person appears in any form of social media to promote a criminal gang.
A violation of subsection a1 of this section is a Class F felony. Any offense committed in violation of G. A person age 15 or older who is convicted of a misdemeanor offense that is committed for the benefit of, at the direction of, or in association with, any criminal gang is guilty of an offense that is one class higher than the offense committed.
A Class A1 misdemeanor shall be enhanced to a Class I felony under this section. When a defendant is found guilty of a criminal offense, other than an offense under G. If the judge so determines, then the judge shall indicate on the form reflecting the judgment that the offense involved criminal gang activity.
The clerk of court shall ensure that the official record of the defendant's conviction includes a notation of the court's determination. A conviction of an offense defined as criminal gang activity shall preclude the defendant from contesting any factual matters determined in the criminal proceeding in any subsequent civil action or proceeding based on the same conduct.
Nothing in this Article shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence that are consistent with this Article. Where local laws duplicate or supplement the provisions of this Article, this Article shall be construed as providing alternative remedies and not as preempting the field. A law enforcement agency may disseminate an assessment of criminal intelligence information to the principal of a school when necessary to avoid imminent danger to the life of a student or employee of the school or to the public school property pursuant to 28 C.
The notification may be made in person or by telephone. As used in this subsection, the term "school" means any public or private school in the State under Chapter C of the General Statutes. Except as provided in G. Prior to taking any action to discharge and dismiss under this section, the court shall make a finding that the defendant has no previous criminal convictions.
Upon fulfillment of the terms and conditions of the probation provided for in this section, the court shall discharge the defendant and dismiss the proceedings against the defendant. Discharge and dismissal under this section may occur only once with respect to any person. Disposition of a case to determine discharge and dismissal under this section at the district court division of the General Court of Justice shall be final for the purpose of appeal.
Upon violation of a term or condition of the probation provided for in this section, the court may enter an adjudication of guilt and proceed as otherwise provided. Any person who has not previously been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state, may, if the offense was committed before the person attained the age of 18 years, be eligible to apply for expunction of certain offenses under this Article pursuant to G.
Real property used by criminal gangs declared a public nuisance: abatement. Proof that criminal gang activity by a criminal gang member is regularly committed at any real property or proof that the real property is regularly used for engaging in criminal gang activity by a criminal gang member is prima facie evidence that the owner or person who has legal possession of the real property knowingly permitted the act unless the owner or person who has legal possession of the real property is making or has made a good-faith attempt to terminate the criminal gang activity or remove criminal gang members from the property through legal means, including trespass or summary ejectment.
For purposes of this section, the term "regularly" means at least five times in a period of not more than 12 months. For purposes of this subsection, evidence that the defendant knew, or by the exercise of due diligence should have known, of the criminal gang activity constitutes proof of actual knowledge.
For the purposes of this section, the term "regularly" means at least five times in a period of not more than 12 months. The order may be modified, rescinded, or vacated at any time prior to its expiration date upon the motion of any party if it appears to the court that one or more of the defendants is no longer engaging in criminal gang activities. First and second degree burglary. There shall be two degrees in the crime of burglary as defined at the common law.
If the crime be committed in a dwelling house, or in a room used as a sleeping apartment in any building, and any person is in the actual occupation of any part of said dwelling house or sleeping apartment at the time of the commission of such crime, it shall be burglary in the first degree. If such crime be committed in a dwelling house or sleeping apartment not actually occupied by anyone at the time of the commission of the crime, or if it be committed in any house within the curtilage of a dwelling house or in any building not a dwelling house, but in which is a room used as a sleeping apartment and not actually occupied as such at the time of the commission of the crime, it shall be burglary in the second degree.
For the purposes of defining the crime of burglary, larceny shall be deemed a felony without regard to the value of the property in question. Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm. Use of force in defense of person; relief from criminal or civil liability.
May 24, ; Laws , c. July 1, ; Laws , c. July 1, ; Laws , 1st Ex. Disclaimer: These codes may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site.
Please check official sources. Causing, aiding, abetting or encouraging minor to be delinquent or runaway child, to commit felony or to become involved with criminal street gang. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law. US State Law. Some jurisdictions may need an attempt to prevent the offense from occurring by, for instance, notifying law enforcers. Even if your behavior does not constitute withdrawal, an attempt to remove yourself from an offense before it happens can assist in mitigating the consequences you could face.
Depending on the case's circumstances, the effort could result in the government using prosecutorial discretion and not charge you with an offense. This could take place where, for instance, your safety is at risk by coming forward to report a pending offense. If you did not facilitate, help, or encourage a violation of law in any manner, then you aren't an aider and abettor.
Assuming you are traveling in a public vehicle when the person driving decides to rob a retail shop. You stay in the vehicle as the driver and other passengers enter the store and take money among other valuable assets from the shop. However, you did not know of their intentions when you entered the vehicle and did not facilitate their plan. In this case, you were just at the crime scene.
Consequently, you should not be held accountable for the crime. Since there requires no physical evidence that you were aider and abettor in a crime, it's easy for another person to indict you of committing the crime falsely. This could be the situation when the perpetrator is diverting their criminal liability by pointing you out as the operation's mastermind. Jealousy, revenge, and anger are some of the reasons that could prompt a person to accuse another person of an offense that they did not play any role.
Your competent lawyer knows how to investigate the case and analyze witnesses to beat your charges and make sure that the truth comes to light. As discussed earlier, even if an individual is aware that an offense will be committed and fail to do anything to stop it from taking place, they could be found guilty under California Penal Code Section 31 if they have a lawful duty to act.
However, since lawful duties are far between and few they should be deliberated upon a person by law they won't come into play often. A defendant can't be convicted as an aider and abettor in case they were forced against their will to assist another person to commit an offense under immediate threat of death or severe bodily hurt to themselves or somebody else.
Duress is a lawful feasible defense in trials for several offenses. If your attorney can prove that you were involved in the offense commission due to being compelled by somebody else, you could be cleared of the charges. It is worth noting that a defendant can't use coercion as a defense if they were threatened by property damage, damage to their reputation, or minor injury. Moreover, duress cannot be used as a defense to murder. This is because murder requires a deliberate intention to kill a person or the fact of malice.
It bears repeating that for duress to be used as a legal defense, the threat made against a defendant should be credible, immediate, and involve death or severe injury. An accessory after the fact does not face the same penalties as the perpetrator to an offense. If you only participate after the violation of the law, your lawyer could argue that you have a defense under the accomplice liability theory. That means you can't be found guilty the same way as the principal. Instead, you will face obstruction of justice charges under California Penal Code Even though you will face punishment if charged as an accessory after the fact, the consequences will be less severe compared to when charged as an aider and abettor.
If you act as an accessory after the fact California Penal Code Section 32 , you will be charged with a wobbler. If the prosecution team can prove beyond any doubt that you conspired to commit the offense and later functioned as an accessory after the fact in a different act , you could be charged with both crimes. When accused of being an accomplice during or before an offense or an accessory after the fact, one of the wisest things you need to do is hiring a skilled attorney.
This is because you will need a person who will defend you aggressively in court or even prevent an arrest. Your attorney will investigate your charges by getting as much proof as possible and then analyzing every piece of evidence carefully. This could give the lawyer leverage to bring a PC Motion to Dismiss. The lawyer may be in a position to claim that your charges need to be dismissed on the grounds of a procedural issue, lack of evidence, or any other legal issue.
If the case proceeds, your attorney will take numerous pre-trial steps to assist the case. It may entail several motions like a motion to rule proof inadmissible in a court of law. If the attorney thinks that the prosecution team will try using evidence that was obtained unlawfully, the legal expert will make sure it is left out at trial. If the case does not resolve before the trial, either via a plea bargain or dismissal, your attorney should prepare a defense on your behalf.
Remember, it's the prosecutor's responsibility to prove that you committed the crime beyond any reasonable doubt. As a result, your attorney should do their best to create a doubt, which the judge should acquit you. If your level of involvement as an accomplice is great enough, you could be charged with conspiracy.
Normally, the state of California will charge you with conspiracy if you have been substantially and directly involved in either concealing or planning an offense. The offense doesn't actually need to be started or even committed. After you agree to commit the offense and both you and the perpetrator have the intent for the offense to be committed, then conspiracy has taken place.
For instance, you tell a friend that your neighbor always leaves the door to garage with valuable tools open. If your friend steals the tools, you could be charged as an accessory to the crime. However, if you befriend your neighbor, secretly take the garage's key from your neighbor's kitchen counter, and then give the keys to a friend alongside information of when your neighbor is away, that amounts to conspiracy.
The kind of conspiracy you're charged with determines your penalties. Conspiracies can be either felonies or wobbler. More often than not, the penalties and consequences you receive for conspiracy will be founded on the consequences imposed in relation to the underlying offense.
You are likely to face penalties that apply to the underlying offense if you are charged with aiding and abetting. That means, if the crime is a felony, you will be charged with a felony that carries prison time, fines, and a criminal record.
These penalties will affect different aspects of your life for many years to come. Hiring an experienced attorney is one of the most brilliant things you can do to protect your career, future, and finances. Contact Los Angeles Criminal Attorney at today. We will analyze your case and provide the best possible defense strategies. Negin is one of the most talented criminal defense attorneys in Los Angeles. Her passion to fight for every client shows with attention she puts into each case.
If you need a great lawyer call Negin she is one you want to talk with. San Diego Divorce Attorney. As a criminal defense attorney myself, I can say with the utmost confidence that Negin is one of the most tenacious criminal defense lawyers. She is an attorney who is not afraid to fight for clients rights to a fair defense. Orange County Criminal Attorney. If there is anyone you want on your side it would be Negin. She is one of the most respected criminal defense lawyers in Los Angeles.
If you need a good defense start with a good lawyer that is my advice as an attorney. Orange County Workers Compensation Attorney. Negin is a well respected criminal defense attorney in Los Angeles. You won't find anyone better to defend your criminal matters. Aiding and Abetting Assisting a person to commit or even cover up an offense is considered as aiding and abetting, which is punished the same way as the individual who committed the offense.
What is Aiding and Abetting? Definition of Terms Aider and abettor is a term commonly used to point down to principals excluding the perpetrator.
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