I. Confinement Statutes
First Degree Kidnapping – N.C.G.S. 14-39
Class C Felony
1. confines or restrains or removes from one place to another
2. a person
3. without the person’s consent (or, if the person is under sixteen, without consent of the person’s parent or guardian).
4. for the purpose of:
a. holding the victim as hostage, or
b. holding the victim for ransom, or
c. using the victim as a shield, or
d. facilitating the commission of a felony, or
e. facilitating flight following the commission of a felony, or
f. doing serious bodily harm to the victim or any other person
g. or terrorizing the victim or any other person, or
h. holding the victim in involuntary servitude
5. or,
a. does not release the victim in a safe place, or
b. seriously injuries the victim, or
c. sexually assaults the victim.
Second Degree Kidnapping – N.C.G.S. 14-39
Class E Felony
1. confines or restrains or removes from one place to another
2. a person
3. without the person’s consent (or, if the person is under sixteen, without consent of the person’s parent or guardian).
4. for the purpose of:
a. holding the victim as hostage, or
b. holding the victim for ransom, or
c. using the victim as a shield, or
d. facilitating the commission of a felony, or
e. facilitating flight following the commission of a felony, or
f. doing serious bodily harm to the victim or any other person
g. or terrorizing the victim or any other person, or
h. holding the victim in involuntary servitude.
Felonious Restraint – N.C.G.S. 14-43.3
Class F Felony
1. unlawfully restrains a person
2. without the person’s consent (or, if the person is under sixteen, without consent of the person’s parent or guardian), and
3. transports the person by motor vehicle or other conveyance from the place of initial restraint.
False Imprisonment – NC Common Law
Class 1 Misdemeanor
1. intentionally and unlawfully
2. restrains or detains a person
3. without the person’s consent.
II. Denial of Access Statutes
Obstruction of Justice – NC Common Law
Class 1 Misdemeanor
1. Unlawfully and willfully
2. obstructs justice.
Obstruction of Justice – N.C.G.S. 14-33(b)
Class H Felony
1. Unlawfully and willfully
2. with deceit and intent to defraud
3. obstructs justice.
Resisting, Delaying, or Obstructing an Officer —N.C.G.S. 14-223
Class 2 Misdemeanor
1. willfully
2. resists or delays or obstructs
3. a person the defendant knows to be a public officer
4. while that officer is discharging or attempting to discharge a duty of his/her office.
III. Emotional and Psychological Abuse Statutes
Communicating Threats – N.C.G.S. 14-277.1
Class 1 Misdemeanor
1. without lawful authority
2. willfully threatens to injure another person or that person’s child, sibling, spouse, or dependant, or
3. willfully threatens to damage another’s property, and
4. communicates that threat to the threatened person
5. in a manner to make a reasonable person believe that it is likely to be carried out, and
6. that the threat is believed by the threatened person.the personal property of another.
Stalking – N.C.G.S. 14-277.3
Class 1 Misdemeanor (First Offense);
Class I Felony (Second & subsequent charges)
1. willfully and on more than one occasion
2. follows, or
3. is in the presence
4. of another person
5. without legal purpose
6. with the intent to cause death or bodily injury, or
7. with the intent to cause emotional distress by placing that person in reasonable fear of death or bodily injury.
Intimidation of a Witness – N.C.G.S. 14-226
Class H Felony
1. threatens, menaces, or in any other manner
2. intimidates or attempts to intimidate
3. a person who is summoned or acting as a witness
4. in any North Carolina state court, or
5. prevents or deters, or attempts to prevent or deter
6. a person who is summoned or acting as a witness7. from attendance in any North Carolina state court.
Injury to Real Property – N.C.G.S. 14-127
Class 1 Misdemeanor
1. willfully and wantonly
2. damages, injures, or destroys
3. the real property of another.
Injury to Personal Property – N.C.G.S. 14-160
Class 1 Misdemeanor
1. willfully and wantonly
2. injures
3. the personal property of another.
IV. Exploitation and Fraud Statutes
Obtaining Property by False Pretense –N.C.G.S. 14-100
Class H Felony
1. makes a representation of a past or existing fact or future event
2. that is false, and
3. is calculated and intended to deceive, and
4. does in fact deceive another person, and
5. the person thereby obtains, or attempts to obtain, money, property, services, or some other thing of value from that other person.
Financial Identity Theft –N.C.G.S. 14-113.20
Class H Felony
1. knowingly obtains, possesses, or uses
2. personal identifying information of another person
3. without the consent of that other person
4. with the intent to fraudulently represent the person is the other person
5. for the purpose of:
a) making financial or credit transactions in the other person’s name
b) avoiding legal consequences.
Financial Transaction Card Theft -N.C.G.S. 14-113.9
Class I Felony
1. takes or obtains or withholds a financial transaction card
2. from another
3. without the cardholder’s consent, and
4. with the intent to use it.
Financial Transaction Card Forgery – N.C.G.S. 14-113.11
Class I Felony
1. falsely makes a purported financial transaction card, or
2. falsely embosses a purported financial transaction card, or
3. utters a falsely made or falsely embossed financial transaction card
4. with the intent to defraud.
Financial Transaction Card Fraud –N.C.G.S. 14-113.13(a)(1)
Class I Felony
1. with the intent to defraud
2. uses a financial transaction card to obtained or retained by financial transaction theft, or
3. uses a financial transaction card received with knowledge it was obtained by credit card fraud, or
4. uses a financial transaction card that he or she knows to be forged, expired, revoked, or altered, or
5. uses a financial transaction card obtained by fraudulent application
6. for the purpose of obtaining money, goods, services, or anything else of value.
Common Law Forgery – NC Common Law
Class I Felony
1. makes, forges, or counterfeits
2. a bill, note, warrant, check, order, or similar instrument drawn on any financial institution or governmental unit or any officer of such an institution or governmental unit, or
3. a security purporting to be issued by or on behalf of any corporation, financial institution, or governmental unit
4. with the intent to injure or defraud
5. any person, corporation, financial institution, or governmental unit.
Common Law Uttering – NC Common Law
Class H Felony
1. utters as true
2. a false writing
3. that is apparently capable of effecting a fraud
4. with the intent to defraud
5. knowing that the writing is false.
Larceny – N.C.G.S. 14-72
Class 1 Misdemeanor
1. takes the personal property belonging to another
2. and carries it away
3. without the consent of the possessor, and
4. with the intent to deprive the possessor of its use permanently
5. knowing that the taker was not entitled to it.
Felonious Larceny – N.C.G.S. 14-72
Class H Felony
1. takes the personal property belonging to another
2. and carries it away
3. without the consent of the possessor, and
4. with the intent to deprive the possessor of its use permanently
5. knowing that the taker was not entitled to it
6. the property was worth over $1,000, or
7. that the larceny was from the person, or
8. the larceny was committed pursuant to burglary, or breaking
out of a dwelling, or breaking and entering a building, or burglary by explosives, or
9. the larceny was of an explosive or incendiary device, or
10. the larceny was a firearm, or
11. the larceny was of a record or paper in the custody of the NC State Archives.
Embezzlement – N.C.G.S. 14-90
Class H Felony
1. fraudulently or knowingly and willingly
2. uses for the purpose other than that for which the defendant received it
3. the property of another
4. held by the defendant in a fiduciary capacity.
Extortion – N.C.G.S. 14-118.4
Class F Felony
1. threatens or communicates a threat to another
2. with the intent to obtain wrongfully
3. anything of value, any acquaintance, any advantage, or any immunity.
V. Physical Abuse Statutes
Assault – N.C.G.S. 14-33
Class 2 Misdemeanor
1. Commits an assault on another.
Assault on a Female – N.C.G.S. 14-33(c) (2)
Class A1 Misdemeanor
1. is a male at least 18 years old, and
2. commits an assault3. on a female.
Assault on a Handicapped Person – N.C.G.S. 14-32.1
Class 1 Misdemeanor
1. commits an assault
2. on a handicapped person.
Aggravated Assault on Handicapped Person – N.C.G.S. 14-32.1(e)
Class F Felony
1. commits an assault
2. on a handicapped person, and
3. uses a deadly weapon or other means of force likely to cause serious bodily injury to a handicapped person, or
4. inflicts serious injury on handicapped person, or
5. intends to kill a handicapped person.
Assault Inflicting Serious Injury – N.C.G.S. 14-33(c) (1)
Class A1 Misdemeanor
1. Commits an assault on another, and2. inflicts serious injury.
Assault Inflicting Serious Bodily Injury - N.C.G.S. 14-32.4
Class F Felony
1. commits an assault on another, and
2. inflicts serious bodily injury.
Assault with a Deadly Weapon – N.C.G.S. 14-33(c) (1)
Class A1 Misdemeanor
1. commits an assault on another
2. with a deadly weapon.
Assault with a Deadly Weapon with Intent to Kill – N.C.G.S. 14-32
Class E Felony
1. commits an assault on another
2. with a deadly weapon
3. with intent to kill.
Assault with a Deadly Weapon Inflicting Serious Injury – N.C.G.S. 14-32(b) Class E Felony
1. commits an assault on another
2. with a deadly weapon, and
3. inflicts serious injury.
Assault w/Deadly Weapon w/Intent to Kill Inflicting Serious Injury –
N.C.G.S. 14-32(a)
Class C Felony
1. commits an assault on another
2. with a deadly weapon
3. with intent to kill, and4. inflicts serious injury.
Abuse of Disabled or Neglected Adult – N.C.G.S. 14-32.3(a)
Class F Felony
1. a caretaker of a
2. disabled adult or elder adult (hereinafter, victim)
3. who is residing in a domestic setting, and
4. with malice, knowingly and willfully
5. assaults, or
6. fails to provide medical care of hygienic care, or
7. confines or restrains the victim in a place or under a condition that is cruel or unsafe, and
8. as a result of the act or failure to act the victim suffers
9. serious mental or physical injury from the abuse, or10. mental or physical injury from the abuse.
Neglect of Disabled or Neglected Adult – N.C.G.S. 14-32.3(b)
Class G Felony
1. a caretaker of a
2. disabled adult or elder adult (hereinafter, victim)
3. who is residing in a domestic setting, and
4. wantonly or recklessly or with gross carelessness
5. fails to provide medical care or hygienic care, or
6. confines or restrains the victim in a place or under a condition that is unsafe, and 7. as a result of the act or failure to act the victim suffers
8. serious mental or physical injury from the neglect, or
9. mental or physical from the neglect.
Exploitation of Disabled or Neglected Adult – N.C.G.S. 14-32.3(c)
Class F Felony
1. a caretaker of a
2. disabled adult or elder adult (hereinafter, victim)
3. who is residing in a domestic setting, and
4. knowingly, willfully, and with intent to permanently deprive the owner of property or money
5. makes a false representation, or abuses a position of trust or fiduciary duty, or
6. coerces or commands or threatens, and
7. as a result of the act, the victim gives or losses possession and control of property or money.
Communicating Threats – N.C.G.S. 14-277.1
Class 1 Misdemeanor
1. without lawful authority
2. willfully threatens to injure another person or that person’s child, sibling, spouse, or dependant
3. willfully threatens to damage another’s property, and
4. communicates that threat to the threatened person
5. in a manner to make a reasonable person believe that it is likely to be carried out, and
6. the threat is believed by the threatened person.
Patient Abuse and Neglect – N.C.G.S. 14-32.2
Class C Felony
1. physically abuses
2. a patient of a health care facility, or
3. a resident of a residential care facility, and
4. the abuse results in
5. death or bodily injury, and
6. intentional conduct proximately causes the death of the patient or resident, or
7. culpably negligent conduct proximately causes the death of the patient or resident, or
8. the conduct is willful or culpably negligent and proximately causes serious bodily injury to the patient or resident
9. the conduct evinces a pattern of conduct, and the conduct is willful and culpably negligent and proximately causes bodily injury to the patient or resident.
***Charge has to be approved and charged upon the request of the District Attorney***
VI. Sexual Abuse Statutes
First Degree Forcible Rape – N.C.G.S. 14-27.2
Class B1 Felony
1. has vaginal intercourse
2. with a person
3. by force, and
4. against that person’s will, and
5. the defendant
6. used or displayed a dangerous or deadly weapon, or
7. inflicted serious personal injury on the victim, or
8. inflicted serious personal injury on another person, or
9. was aided and abetted by one or more persons.
Second Degree Forcible Rape – N.C.G.S. 14-27.3
Class C Felony
1. has vaginal intercourse
2. with a person
3. and the intercourse is
4. by force and against the person’s will, or
5. with someone who is
6. mentally defective, or
7. mentally incapacitated, or
8. physically helpless, which is known by the defendant.
First Degree Forcible Sexual Offense – N.C.G.S. 14-27.4
Class B1 Felony
1. engages in a sexual act other than vaginal intercourse
2. with a person
3. by force, and
4. against the person’s will, and
5. the defendant
6. used or displayed a dangerous or deadly weapon, or
7. inflicted serious personal injury on the victim, or
8. inflicted serious personal injury on another person, or
9. was aided and abetted by one or more persons.
Second Degree Forcible Sexual Offense – N.C.G.S. 14-27.5
Class C Felony
1. engages in a sexual act other than vaginal intercourse
2. with a person, and
3. the act is
4. by force and against the person’s will, or
5. with someone who is
6. mentally defective, or
7. mentally incapacitated, or
8. physically helpless, which is known by the defendant.
Crime Against Nature – N.C.G.S. 14-177
Class I Felony
1. commits the crime against nature.
Incest – N.C.G.S. 14-178
Class F Felony
1. has sexual intercourse with his or her
2. grandparent or grandchild, or
3. parent or child or stepchild or legally adopted child, or
4. brother or sister of the half or whole blood, and
5. the person knows of the relationship.
