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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. However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:. The justification described in G. However, the person who initially provokes the use of force against himself or herself will be justified in using defensive force if either of the following occur:.
The force used by the person who was provoked is so serious that the person using defensive force reasonably believes that he or she was in imminent danger of death or serious bodily harm, the person using defensive force had no reasonable means to retreat, and the use of force which is likely to cause death or serious bodily harm to the person who was provoked was the only way to escape the danger.
The person who used defensive force withdraws, in good faith, from physical contact with the person who was provoked, and indicates clearly that he or she desires to withdraw and terminate the use of force, but the person who was provoked continues or resumes the use of force.
Burglary in the first degree shall be punishable as a Class D felony, and burglary in the second degree shall be punishable as a Class G felony. Breaking out of dwelling house burglary. If any person shall enter the dwelling house of another with intent to commit any felony or larceny therein, or being in such dwelling house, shall commit any felony or larceny therein, and shall, in either case, break out of such dwelling house in the nighttime, such person shall be punished as a Class D felon.
Breaking or entering a building that is a place of religious worship. Preparation to commit burglary or other housebreakings. If any person shall be found armed with any dangerous or offensive weapon, with the intent to break or enter a dwelling, or other building whatsoever, and to commit any felony or larceny therein; or shall be found having in his possession, without lawful excuse, any picklock, key, bit, or other implement of housebreaking; or shall be found in any such building, with intent to commit any felony or larceny therein, such person shall be punished as a Class I felon.
Code, s. Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft. It is prima facie evidence that a person entered in violation of this section if he is found unlawfully in such a railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft. Breaking into or forcibly opening coin-or currency-operated machines. Any person who forcibly breaks into, or by the unauthorized use of a key or other instrument opens, any coin-or currency-operated machine with intent to steal any property or moneys therein shall be guilty of a Class 1 misdemeanor, but if such person has previously been convicted of violating this section, such person shall be punished as a Class I felon.
The term "coin-or currency-operated machine" shall mean any coin-or currency-operated vending machine, pay telephone, telephone coin or currency receptacle, or other coin-or currency-activated machine or device.
There shall be posted on the machines referred to in G. The absence of such a decal is not a defense to a prosecution for the crime described in this section. Damaging or destroying coin-or currency-operated machines. Any person who shall willfully and maliciously damage or destroy any coin-or currency-operated machine shall be guilty of a Class 1 misdemeanor.
The term "coin-or currency-operated machine" shall be defined as set out in G. Breaking into paper currency machines. Any person, who with intent to steal any moneys therein forcibly breaks into any vending or dispensing machine or device which is operated or activated by the use, deposit or insertion of United States paper currency, shall be guilty of a Class 1 misdemeanor, but if such person has previously been convicted of violating this section, such person shall be punished as a Class I felon.
There shall be posted on the machines referred to in this section a decal stating that it is a crime to break into paper currency machines. Preparation to commit breaking or entering into motor vehicles. A second or subsequent violation of this section is a Class I felony. This section shall not apply to a business which has a key-cutting device located and used on the premises for the purpose of making replacement keys for the owner or person who is in lawful custody of a vehicle.
Any person who, with intent to commit any felony or larceny therein, breaks and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe, or other secure place by use of nitroglycerine, dynamite, gunpowder, or any other explosive, or acetylene torch, shall be deemed guilty of burglary with explosives. Any person convicted under this section shall be punished as a Class D felon.
There shall be two degrees of arson as defined at the common law. If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class D felony. If the dwelling burned was unoccupied at the time of the burning, the offense is arson in the second degree and is punishable as a Class G felony.
Definition of "house" and "building. As used in this Article, the terms "house" and "building" shall be defined to include mobile and manufactured-type housing and recreational trailers. Burning of mobile home, manufactured-type house or recreational trailer home. If any person shall willfully and maliciously burn any mobile home or manufactured-type house or recreational trailer home which is the dwelling house of another and which is occupied at the time of the burning, the same shall constitute the crime of arson in the first degree.
Burning of certain public buildings. If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of, the State Capitol, the Legislative Building, the Justice Building or any building owned or occupied by the State or any of its agencies, institutions or subdivisions or by any county, incorporated city or town or other governmental or quasi-governmental entity, he shall be punished as a Class F felon.
Burning of schoolhouses or buildings of educational institutions. If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of, any schoolhouse or building owned, leased or used by any public or private school, college or educational institution, he shall be punished as a Class F felon. Burning of certain bridges and buildings. If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of, any public bridge, or private toll bridge, or the bridge of any incorporated company, or any fire-engine house or rescue-squad building, or any house belonging to an incorporated company or unincorporated association and used in the business of such company or association, he shall be punished as a Class F felon.
If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of, any uninhabited house, or any stable, coach house, outhouse, warehouse, office, shop, mill, barn or granary, or any building, structure or erection used or intended to be used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, he shall be punished as a Class F felon.
Burning of building or structure in process of construction. If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of, any building or structure in the process of construction for use or intended to be used as a dwelling house or in carrying on any trade or manufacture, or otherwise, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, he shall be punished as a Class H felon.
Burning of churches and certain other religious buildings. If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of any church, chapel, or meetinghouse, the person shall be punished as a Class E felon. If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of, any boat, barge, ferry or float, without the consent of the owner thereof, he shall be punished as a Class H felon.
In the event the consent of the owner is given for an unlawful or fraudulent purpose, however, the penalty provisions of this section shall remain in full force and effect. Burning of ginhouses and tobacco houses. If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of, any ginhouse or tobacco house, or any part thereof, he shall be punished as a Class H felon.
Fraudulently setting fire to dwelling houses. If any person, being the occupant of any building used as a dwelling house, whether such person be the owner thereof or not, or, being the owner of any building designed or intended as a dwelling house, shall wantonly and willfully or for a fraudulent purpose set fire to or burn or cause to be burned, or aid, counsel or procure the burning of such building, he shall be punished as a Class H felon.
If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of any building or other structure of any type not otherwise covered by the provisions of this Article, he shall be punished as a Class H felon. Failure of owner of property to comply with orders of public authorities. Failure of officers to investigate incendiary fires. Making a false report concerning destructive device.
Any person who receives a second conviction for a violation of this subsection within five years of the first conviction for violation of this subsection is guilty of a Class G felony. For purposes of this subsection, "public building" means educational property as defined in G. Perpetrating hoax by use of false bomb or other device. For purposes of this subsection "public building" means educational property as defined in G.
Arson or other unlawful burning that results in serious bodily injury to a firefighter, law enforcement officer, fire investigator, or emergency medical technician. Distinctions between grand and petit larceny abolished; punishment; accessories to larceny. All distinctions between petit and grand larceny are abolished. Unless otherwise provided by statute, larceny is a Class H felony and is subject to the same rules of criminal procedure and principles of law as to accessories before and after the fact as other felonies.
Receiving stolen goods; receiving or possessing goods represented as stolen. Any person who, with intent to procure or pass title to a vehicle which he knows or has reason to believe has been stolen or unlawfully taken, receives or transfers possession of the same from or to another, or who has in his possession any vehicle which he knows or has reason to believe has been stolen or unlawfully taken, and who is not an officer of the law engaged at the time in the performance of his duty as such officer shall be punished as a Class H felon.
Larceny of property; receiving stolen goods or possessing stolen goods. Larceny as provided in subsection b of this section is a Class H felony. Receiving or possession of stolen goods as provided in subsection c of this section is a Class H felony. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen.
As used in this section, the phrase "explosive or incendiary device or substance" shall include any explosive or incendiary grenade or bomb; any dynamite, blasting powder, nitroglycerin, TNT, or other high explosive; or any device, ingredient for such device, or type or quantity of substance primarily useful for large-scale destruction of property by explosive or incendiary action or lethal injury to persons by explosive or incendiary action. This definition shall not include fireworks; or any form, type, or quantity of gasoline, butane gas, natural gas, or any other substance having explosive or incendiary properties but serving a legitimate nondestructive or nonlethal use in the form, type, or quantity stolen.
As used in this section, the term "firearm" shall include any instrument used in the propulsion of a shot, shell or bullet by the action of gunpowder or any other explosive substance within it. Contact Us. EPA Fugitives. Criminal Enforcement Criminal Prosecutions. Do not attempt to apprehend any of these individuals. Current Fugitives To read each fugitive profile, click the image or scroll down the page. Additional Photos in Poster. Additional Photo in Poster.
Tejada bought and sold motor vehicle simulator devices a. If sighted, contact the U. Alghazouli sold R Freon, an ozone depleting substance, that had been illegally smuggled from Mexico. Chavez-Beltran has been a fugitive living and working in Mexico. If sighted, contact the Criminal Investigation Division office in Dallas, Texas at: or submit the Report a Fugitive's Location web form.
Alleged violations include: Illegal dumping of oil Conspiracy Karayannides was involved in the illegal discharge of tons of oil-contaminated grain from his ship, into the ocean. Karayannides fled the country prior to indictment. Karayannides is believed to be in the Athens, Greece area.
Accessories after the fact are not subject to the same treatment as accomplices to a crime. If you do participate in the commission of a crime, but only after it has been committed, you may have a legal defense to aiding and abetting under the accomplice liability theory. If so, you cannot be convicted of the same crime as a principal. For example, if robbery was the underlying crime, but your role was limited to stashing the stolen cash after it was taken, you may be able to avoid being convicted of the robbery itself.
Although you can still be punished if convicted as an accessory after the fact, the penalties you face are likely to be much less than if convicted as an accomplice to the underlying crime. Generally, whether you are the person who commits, or attempts to commit the crime, or assists in its commission or attempt, you face the same penalties for that crime as if you were the actual perpetrator.
Pursuant to California Penal Code Section 32, if you harbor, aid or conceal a person who you know has committed a crime, you are an accessory to that felony. A charge of accessory after the fact is punishable as follows:. A jury must decide that a principal perpetrator committed the crime in which you aided and abetted. However, whether that person is acquitted or convicted of a lesser crime separate from you does not prevent your conviction as an aider and abettor.
This means that you can still be convicted as an accomplice to a crime even if the person standing trial for being principally responsible is not proven guilty of personally committing the crime. Which means, if you help someone to commit a particular crime — such as armed robbery — and that person ends up displaying or discharging a firearm intended to be used during the course of the robbery, you are both subject to being prosecuted for the robbery as well as for firearms-related charges.
A jury must consider all of the circumstances established by the evidence when instructed on a finding of natural and probable consequences. The California Supreme Court has recognized that in certain circumstances, an aider and abettor may have greater criminal liability in homicide-related crimes than the actual perpetrator.
For example: two defendants during a robbery a perpetrator and an accessory kill someone in a drive-by shooting during their escape. The actual perpetrator is able to prove self-defense, and may have his or her charge reduced to voluntary manslaughter or even dismissed.
On the other hand, if the aider and abettor is proven to have fired his or her weapon with intent to kill, he or she can be found guilty of committing murder. Technically, aiding and abetting is not a crime in itself. Rather, it is a legal theory that you acted purposely to make a crime possible. As an aider and abettor, you intentionally help plan, execute or encourage in the commission of a crime.
As result, you can be charged with whatever crime or crimes were intended to be committed. This is certainly possible. Generally, as an accessory or an accomplice to a crime, you face the same punishment as if you personally committed the offense. In fact, in a homicide-related case, in some circumstances you could face even greater liability than the actual killer. You can be charged and prosecuted just as if you personally committed the underlying crime or crimes.
We are committed to providing you with the personal attention you deserve and expect to help you overcome this difficult situation. We will employ every available strategy to help you get the best result possible in your case. We will get through this together. I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation.
I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. But our shock turned into horror when he was charged with felony arson.
If you or a loved one have been accused of a crime, this is the time to contact us. Aiding and Abetting — PC Aiding and Abetting a Crime — Overview Penal Code Section 31 As a legal rule, aiding and abetting means providing some kind of assistance in the commission of a crime.
Elements of Aiding and Abetting a Crime Aiding and abetting in the commission or attempted commission of a crime occurs whenever the following occurs: With knowledge of the unlawful purposes of the perpetrator; you Act; Aid; Promote; Encourage; or Instigate the commission of the crime; and Do so with intent or purpose of: Committing; Encouraging; or Facilitating the commission of the crime. This defense is not significant enough to find you not guilty of this crime; however, it is significant enough to lessen the severity of your sentence.
You Had Knowledge Did you know the crime was being committed? You Aided or Instigated Did you assist in the planning of the crime? Your role as an accessory or an accomplice will be determined by several factors, including but not limited to the following: Presence at the scene of the crime, Companionship; and Conduct before or after the offense. Natural and Probable Consequences Under certain circumstances, a person who is guilty of this crime also may be guilty of other crimes that were committed as a result of your aiding and abetting.
To convict you of a related crime that was a likely result of the intended crime, a prosecutor must prove that: 1. You are guilty of the intended crime; 2. During the commission of the intended crime, a related offense was committed; and 3. No Participation Defense Arrested for aiding and abetting a crime? Duress Defense If you were compelled against your will to help someone commit a crime under immediate threat of serious bodily injury or death to yourself or to another person, you cannot be convicted of aiding and abetting.
False Accusation Defense Wrongly accused of aiding and abetting a crime? No Duty to Act Defense Simply knowing that a crime is going to be committed, or being present during its commission does not impose upon you an obligation to prevent it from occurring under most circumstances. Withdrawal from Participation Defense You may have a valid defense to aiding and abetting if your criminal defense attorney can show that your liability as an aider and abettor ended prior to the commission of the crime s charged.
To rely on this defense, you must be able to demonstrate that you: Notified the other people involved in the crime of your intention to withdraw from participation; and Did everything in your power to prevent the crime from being committed. Accessory after the Fact Defense Did you participate as a getaway driver?
Principal Acquitted or Convicted of a Lesser Offense Jail time for aiding and abetting a crime can be hefty. Accomplice Liability in Murder Charges Aiding and abetting to a murder The California Supreme Court has recognized that in certain circumstances, an aider and abettor may have greater criminal liability in homicide-related crimes than the actual perpetrator. Is aiding and abetting a crime? The indictment recounts how:.
All the time, the ICE agent was waiting as instructed outside of the courtroom expecting Medina-Perez. Indeed, MacGregor is also charged with perjury for falsely testifying before a federal grand jury in stating that, prior to releasing the defendant from the sally-port exit, he was unaware that ICE agents were in the Courthouse and that there was a detainer for the defendant.
It is a bedrock principle of our constitutional system that federal prosecutors should not recklessly interfere with the operation of state courts and their administration of justice. This matter could have been appropriately handled by the Commission on Judicial Conduct and the Trial Court. I am deeply disappointed by U.
Here is the indictment: Joseph indictment. So sorry if some officer feels frustrated. What actions did the Mass. Thanks Mark. So what the AG said may be true, but that is only if the feds give it to them to handle. Is that about right? In this case, the AG wanted a slap on the wrist but the feds wanted the wrist itself.
Happened all the time in 60s South where state prosecutors looked the other way on white on black crime but the feds came in to meet out some justice for the same conduct. Look at news media and court records to see if the State has ever prosecuted someone for assisting a jailed person, felon, or person accused of crime of escaping. Any prison guards ever do that?
Then sentence the judge accordingly. Activist judges are destroying our country, just as are the liberal Supremes. Judges ae supposed to judge based on the law and the merits of a case. When activist judges take the law into their own hands they damage our Constitution.
What happened to my comment here?? I know it posted about a half hour ago. Then it mysteriously disappeared. It was totally on subject and there was no profanity. I used the word p! Sorry, Darren. This is Great news. Finally these unlawful and activist judges are being made to actually follow the law that they swore to uphold. They are heroes to you guys!
In 20 years calling one such will be a hate crime punishable by law. As for her, she needs to do time. The arrogance of the judiciary never ceases to amaze. Ditto the disciplinary panels. Not sure what the rules were where I used to work. My impression was that the deputies in the Court Security division were seconded to the Unified Court System and under the authority of the Administrative Judge.
If that prevails there, he gets out of the courtroom, he has other obligations. His assessment is going to depend on his understanding of the dispositions of the Administrative Judge, the Sheriff, and the favor-banking between the two. I had a feeling that the guys in the Court Security were there because they were on the downward slide to retirement or they were underperformers generally. The Sheriff was p. Allegedly, of course. Bastiat said: When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law.
And so when we see this same attitude carried out in the courts, we get the situation with the Mass. He could have refused and gone to the chief judge for guidance. A chilling effect? What is needed is an absolute deep-freeze for these activist stupid sobs that toward Federal Law.
Hopefully, every other judge in America has seen what is happened here and will act accordingly. This way, the country will start to understand that things are changing. Just what rule is that? Lawyers and judges go off the record all the time. It happens every day, in courtrooms across the country. Not true.
Off the record means off the record and it is a common practice. We call that a sidebar. Well, woke Judge Joseph might not think she was doing anything wrong when she allegedly broke the law, but her facial expression as she left the courthouse shows that she finally woke up and understands she is up the river without a paddle:.