North Carolina General Statutes — Chapter 15A
523 sections. Sourced from ncleg.gov; each section links to its full text with case-law cross-references.
- § 15A-101.1 Electronic technology in criminal process and procedure
- § 15A-131 Venue generally
- § 15A-132 Concurrent venue
- § 15A-133 Waiver of venue; motion for change of venue; indictment may be returned in other county
- § 15A-134 Offense occurring in part outside North Carolina
- § 15A-135 Allegation of venue conclusive in absence of timely motion
- § 15A-136 Venue for sexual offenses
- § 15A-141 When entry of attorney in criminal proceeding occurs
- § 15A-142 Requirement that clerk record entry
- § 15A-143 Attorney making general entry obligated to represent defendant at all subsequent stages
- § 15A-145 Expunction of misdemeanors of first offenders under the age of 18 and of underage persons possessing alcohol
- § 15A-145.1 Expunction of records for first offenders under the age of 18 at the time of commission of certain gang offenses
- § 15A-145.2 Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses
- § 15A-145.3 Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses
- § 15A-145.4 Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony
- § 15A-145.5 Expunction of certain misdemeanors and felonies; no age limitation
- § 15A-145.6 Expunctions for certain defendants convicted of prostitution
- § 15A-145.7 Expunction of records for first offenders under 20 years of age at the time of the offense of certain offenses
- § 15A-145.8 Expunction of records when charges are remanded to district court for juvenile adjudication
- § 15A-145.8A Expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence
- § 15A-145.9 Expunctions of certain offenses committed by human trafficking victims
- § 15A-146 Expunction of records when charges are dismissed or there are findings of not guilty
- § 15A-147 Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity
- § 15A-148 Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted
- § 15A-149 Expunction of records when pardon of innocence is granted
- § 15A-150 Notification requirements
- § 15A-151 Confidential agency files; exceptions to expunction
- § 15A-151.5 Prosecutor access to expunged files
- § 15A-152 Civil liability for dissemination of certain criminal history information
- § 15A-153 Effect of expunction; prohibited practices by employers, educational institutions, agencies of State and local governments
- § 15A-160 Reporting requirement
- § 15A-173.1 Definitions
- § 15A-173.2 Certificate of Relief
- § 15A-173.3 Collateral sanctions not subject to order of limited relief or Certificate of Relief
- § 15A-173.4 Issuance, modification, and revocation of Certificate of Relief by the court
- § 15A-173.5 Reliance on order or Certificate of Relief as evidence of due care
- § 15A-173.6 Victim's rights
- § 15A-211 Electronic recording of interrogations
- § 15A-219 Reserved for future codification purposes
- § 15A-220 SBI and State Crime Laboratory access to view and analyze recordings
- § 15A-221 General authorization; definition of "consent"
- § 15A-222 Person from whom effective consent may be obtained
- § 15A-223 Permissible scope of consent search and seizure
- § 15A-231 Other searches and seizures
- § 15A-241 Definition of search warrant
- § 15A-242 Items subject to seizure under a search warrant
- § 15A-243 Who may issue a search warrant
- § 15A-244 Contents of the application for a search warrant
- § 15A-245 Basis for issuance of a search warrant; duty of the issuing official
- § 15A-246 Form and content of the search warrant
- § 15A-247 Who may execute a search warrant
- § 15A-248 Time of execution of a search warrant
- § 15A-249 Officer to give notice of identity and purpose
- § 15A-251 Entry by force
- § 15A-252 Service of a search warrant
- § 15A-253 Scope of the search; seizure of items not named in the warrant
- § 15A-254 List of items seized
- § 15A-255 Frisk of persons present in premises or vehicle to be searched
- § 15A-256 Detention and search of persons present in private premises or vehicle to be searched
- § 15A-257 Return of the executed warrant
- § 15A-258 Disposition of seized property
- § 15A-260 Definitions
- § 15A-261 Prohibition and exceptions
- § 15A-262 Application for order for pen register or trap and trace device
- § 15A-263 Issuance of order for pen register or trap and trace device
- § 15A-264 Assistance in installation and use of a pen register or a trap and trace device
- § 15A-266 Short title
- § 15A-266.1 Policy
- § 15A-266.2 Definitions
- § 15A-266.3 Establishment of State DNA database and databank
- § 15A-266.3A DNA sample required for DNA analysis upon arrest for certain offenses
- § 15A-266.4 DNA sample required for DNA analysis upon conviction or finding of not guilty by reason of insanity
- § 15A-266.5 Tests to be performed on DNA sample
- § 15A-266.5A Statewide sexual assault examination kit testing protocol
- § 15A-266.6 Procedures for obtaining DNA sample for analysis; refusal to provide sample
- § 15A-266.7 Procedures for conducting DNA analysis of DNA sample
- § 15A-266.8 DNA database exchange
- § 15A-266.9 Cancellation of authority to exchange DNA records
- § 15A-266.11 Unauthorized uses of DNA Databank; penalties
- § 15A-266.12 Confidentiality of records
- § 15A-267 Access to DNA samples from crime scene
- § 15A-268 Preservation of biological evidence
- § 15A-269 Request for postconviction DNA testing
- § 15A-270 Post-test procedures
- § 15A-270.1 Right to appeal denial of defendant's motion for DNA testing
- § 15A-271 Authority to issue order
- § 15A-272 Time of application; additional investigative procedures not precluded
- § 15A-273 Basis for order
- § 15A-274 Issuance of order
- § 15A-275 Modification of order
- § 15A-276 Failure to appear
- § 15A-277 Service of order
- § 15A-278 Contents of order
- § 15A-279 Implementation of order
- § 15A-280 Return
- § 15A-281 Nontestimonial identification order at request of defendant
- § 15A-282 Copy of results to person involved
- § 15A-284.50 Short title
- § 15A-284.51 Purpose
- § 15A-284.52 Eyewitness identification reform
- § 15A-284.53 Training of law enforcement officers
- § 15A-285 Non-law-enforcement actions when urgently necessary
- § 15A-286 Definitions
- § 15A-287 Interception and disclosure of wire, oral, or electronic communications prohibited
- § 15A-288 Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited
- § 15A-289 Confiscation of wire, oral, or electronic communication interception devices
- § 15A-290 Offenses for which orders for electronic surveillance may be granted
- § 15A-291 Application for electronic surveillance order; judicial review panel
- § 15A-292 Request for application for electronic surveillance order
- § 15A-293 Issuance of order for electronic surveillance; procedures for implementation
- § 15A-294 Authorization for disclosure and use of intercepted wire, oral, or electronic communications
- § 15A-295 Reports concerning intercepted wire, oral, or electronic communications
- § 15A-296 Recovery of civil damages authorized
- § 15A-298 Subpoena authority
- § 15A-299 Discontinuation of telecommunications services used for unlawful purposes
- § 15A-300.1 Restrictions on use of unmanned aircraft systems
- § 15A-300.2 Regulation of launch and recovery sites
- § 15A-300.3 Use of an unmanned aircraft system near a confinement or correctional facility prohibited
- § 15A-300.4 Use of an unmanned aircraft system near a forest fire prohibited
- § 15A-301 Criminal process generally
- § 15A-301.1 Electronic Repository
- § 15A-302 Citation
- § 15A-304 Warrant for arrest
- § 15A-305 Order for arrest
- § 15A-311 Consulate documents not acceptable as identification
- § 15A-401 Arrest by law-enforcement officer
- § 15A-402 Territorial jurisdiction of officers to make arrests
- § 15A-403 Arrest by officers from other states
- § 15A-405 Assistance to law-enforcement officers by private persons to effect arrest or prevent escape; benefits for private persons
- § 15A-406 Assistance by federal officers
- § 15A-501 Police processing and duties upon arrest generally
- § 15A-502 Photographs and fingerprints
- § 15A-502.1 DNA sample upon arrest
- § 15A-503 Police assistance to persons arrested while unconscious or semiconscious
- § 15A-504 Return of released person
- § 15A-505 Notification of parent and school
- § 15A-511 Initial appearance
- § 15A-521 Commitment to detention facility pending trial
- § 15A-531 Definitions
- § 15A-532 Persons authorized to determine conditions for release
- § 15A-533 Right to pretrial release in capital and noncapital cases
- § 15A-534 Procedure for determining conditions of pretrial release
- § 15A-534.1 Crimes of domestic violence; bail and pretrial release
- § 15A-534.2 Detention of impaired drivers
- § 15A-534.3 Detention for communicable diseases
- § 15A-534.4 Sex offenses and crimes of violence against child victims: bail and pretrial release
- § 15A-534.5 Detention to protect public health
- § 15A-534.6 Bail in cases of manufacture of methamphetamine
- § 15A-534.7 Communicating a threat of mass violence; bail and pretrial release
- § 15A-534.8 Rioting or looting; bail and pretrial release
- § 15A-534.9 Threats against public officers; bail and pretrial release
- § 15A-535 Issuance of policies on pretrial release
- § 15A-536 Release after conviction in the superior court
- § 15A-537 Persons authorized to effect release
- § 15A-538 Modification of order on motion of person detained; substitution of surety
- § 15A-539 Modification upon motion of prosecutor
- § 15A-540 Surrender of a defendant by a surety; setting new conditions of release
- § 15A-541 Persons prohibited from becoming surety
- § 15A-542 False qualification by surety
- § 15A-543 Penalties for failure to appear
- § 15A-544.1 Forfeiture jurisdiction
- § 15A-544.2 Identifying information on bond
- § 15A-544.3 Entry of forfeiture
- § 15A-544.4 Notice of forfeiture
- § 15A-544.5 Setting aside forfeiture
- § 15A-544.6 Final judgment of forfeiture
- § 15A-544.7 Docketing and enforcement of final judgment of forfeiture
- § 15A-544.8 Relief from final judgment of forfeiture
- § 15A-545 Reserved for future codification purposes
- § 15A-546 Contempt
- § 15A-547 Right to habeas corpus
- § 15A-601 First appearance before a district court judge; consolidation of first appearance before magistrate and before district court judge; first appearance before clerk of superior court
- § 15A-602 Warning of right against self-incrimination
- § 15A-603 Assuring defendant's right to counsel
- § 15A-604 Determination of sufficiency of charge
- § 15A-605 Additional proceedings at first appearance before judge
- § 15A-606 Demand or waiver of probable-cause hearing
- § 15A-611 Probable-cause hearing procedure
- § 15A-612 Disposition of charge on probable-cause hearing
- § 15A-613 Setting offense for trial in district court
- § 15A-615 Testing of certain persons for sexually transmitted infections
- § 15A-621 quot;Grand jury" defined
- § 15A-622 Formation and organization of grand juries; other preliminary matters
- § 15A-623 Grand jury proceedings and operation in general
- § 15A-624 Grand jury the judge of facts; judge the source of legal advice
- § 15A-626 Who may call witnesses before grand jury; no right to appear without consent of prosecutor or judge
- § 15A-627 Submission of bill of indictment to grand jury by prosecutor
- § 15A-628 Functions of grand jury; record to be kept by clerk
- § 15A-629 Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge
- § 15A-630 Notice to defendant of true bill of indictment
- § 15A-631 Grand jury venue
- § 15A-641 Indictment and related instruments; definitions of indictment, information, and presentment
- § 15A-642 Prosecutions originating in superior court to be upon indictment or information; waiver of indictment
- § 15A-643 Joinder of offenses and defendants and consolidation of indictments and informations
- § 15A-644 Form and content of indictment, information or presentment
- § 15A-644.1 Filing of information when plea of guilty or no contest in district court to Class H or I felony
- § 15A-645 Allegations of previous convictions
- § 15A-711 Securing attendance of criminal defendants confined in institutions within the State; requiring prosecutor to proceed
- § 15A-721 Definitions
- § 15A-722 Duty of Governor as to fugitives from justice of other states
- § 15A-723 Form of demand for extradition
- § 15A-724 Governor may cause investigation to be made
- § 15A-725 Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
- § 15A-726 Extradition of persons not present in demanding state at time of commission of crime
- § 15A-727 Issue of Governor's warrant of arrest; its recitals
- § 15A-728 Manner and place of execution of warrant
- § 15A-729 Authority of arresting officer
- § 15A-730 Rights of accused person; application for writ of habeas corpus
- § 15A-731 Penalty for noncompliance with § 15A-730
- § 15A-732 Confinement in jail when necessary
- § 15A-733 Arrest prior to requisition
- § 15A-734 Arrest without a warrant
- § 15A-735 Commitment to await requisition; bail
- § 15A-736 Bail in certain cases; conditions of bond
- § 15A-737 Extension of time of commitment; adjournment
- § 15A-738 Forfeiture of bail
- § 15A-739 Persons under criminal prosecution in this State at time of requisition
- § 15A-740 Guilt or innocence of accused, when inquired into
- § 15A-741 Governor may recall warrant or issue alias
- § 15A-742 Fugitives from this State; duty of governors
- § 15A-743 Application for issuance of requisition; by whom made; contents
- § 15A-744 Costs and expenses
- § 15A-745 Immunity from service of process in certain civil actions
- § 15A-746 Written waiver of extradition proceedings
- § 15A-747 Nonwaiver by this State
- § 15A-748 No right of asylum; no immunity from other criminal prosecution while in this State
- § 15A-749 Interpretation
- § 15A-750 Short title
- § 15A-761 Agreement on Detainers entered into; form and contents
- § 15A-763 Cooperation in enforcement
- § 15A-764 Escape from temporary custody
- § 15A-765 Authority and duty of official in charge of institution
- § 15A-766 Designation of central administrator of and information agent for agreement
- § 15A-767 Distribution of copies of Article
- § 15A-771 Securing attendance of defendants confined in federal prisons
- § 15A-772 Securing attendance of defendants who are outside the United States
- § 15A-801 Subpoena for witness
- § 15A-802 Subpoena for the production of documentary evidence
- § 15A-803 Attendance of witnesses
- § 15A-804 Voluntary protective custody
- § 15A-805 Securing attendance of witnesses confined in institutions within the State
- § 15A-811 Definitions
- § 15A-812 Summoning witness in this State to testify in another state
- § 15A-813 Witness from another state summoned to testify in this State
- § 15A-814 Exemption from arrest and service of process
- § 15A-815 Uniformity of interpretation
- § 15A-816 Title of Article
- § 15A-821 Securing attendance of prisoner in this State as witness in proceeding outside the State
- § 15A-822 Securing attendance of prisoner outside the State as witness in proceeding in the State
- § 15A-824 Definitions
- § 15A-825 Treatment due victims and witnesses
- § 15A-826 District attorney legal assistants
- § 15A-827 Scope
- § 15A-830 Definitions
- § 15A-830.5 Victim's rights
- § 15A-831 Responsibilities of law enforcement agency
- § 15A-831.1 Polygraph examinations of victims of sexual assaults
- § 15A-832 Responsibilities of the district attorney's office
- § 15A-832.1 Responsibilities of judicial officials
- § 15A-833 Evidence of victim impact
- § 15A-834 Restitution
- § 15A-834.5 Enforcement of the rights of a victim
- § 15A-835 Posttrial responsibilities
- § 15A-836 Responsibilities of agency with custody of defendant
- § 15A-837 Responsibilities of Division of Community Supervision and Reentry
- § 15A-838 Notice of commuted sentence or pardon
- § 15A-901 Application of Article
- § 15A-902 Discovery procedure
- § 15A-903 Disclosure of evidence by the State - Information subject to disclosure
- § 15A-904 Disclosure by the State - Certain information not subject to disclosure
- § 15A-905 Disclosure of evidence by the defendant - Information subject to disclosure
- § 15A-906 Disclosure of evidence by the defendant - Certain evidence not subject to disclosure
- § 15A-907 Continuing duty to disclose
- § 15A-908 Regulation of discovery - Protective orders
- § 15A-909 Regulation of discovery - Time, place, and manner of discovery and inspection
- § 15A-910 Regulation of discovery - Failure to comply
- § 15A-921 Pleadings in criminal cases
- § 15A-922 Use of pleadings in misdemeanor cases generally
- § 15A-923 Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division
- § 15A-924 Contents of pleadings; duplicity; alleging and proving previous convictions; failure to charge crime; surplusage
- § 15A-925 Bill of particulars
- § 15A-926 Joinder of offenses and defendants
- § 15A-927 Severance of offenses; objection to joinder of defendants for trial
- § 15A-930 Reserved for future codification purposes
- § 15A-931 Voluntary dismissal of criminal charges by the State
- § 15A-932 Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement
- § 15A-941 Arraignment before judge only upon written request; entry of not guilty plea if not arraigned
- § 15A-942 Right to counsel
- § 15A-943 Arraignment in superior court -Required calendaring
- § 15A-944 Arraignment in superior court - Optional calendaring
- § 15A-945 Waiver of arraignment
- § 15A-951 Motions in general; definition, service, and filing
- § 15A-952 Pretrial motions; time for filing; sanction for failure to file; motion hearing date
- § 15A-953 Motions practice in district court
- § 15A-954 Motion to dismiss - Grounds applicable to all criminal pleadings; dismissal of proceedings upon death of defendant
- § 15A-955 Motion to dismiss - Grounds applicable to indictments
- § 15A-956 Deferral of ruling on motion to dismiss when charge to be reinstituted
- § 15A-957 Motion for change of venue
- § 15A-959 Notice of defense of insanity; pretrial determination of insanity
- § 15A-960 Removal of juveniles charged with committing Class A, B1, B2, C, D, or E felony offenses at age 16 and 17
- § 15A-971 Definitions
- § 15A-972 Motion to suppress evidence before trial in superior court in general
- § 15A-973 Motion to suppress evidence in district court
- § 15A-974 Exclusion or suppression of unlawfully obtained evidence
- § 15A-975 Motion to suppress evidence in superior court prior to trial and during trial
- § 15A-976 Timing of pretrial suppression motion and hearing
- § 15A-977 Motion to suppress evidence in superior court; procedure
- § 15A-978 Motion to suppress evidence in superior court or district court; challenge of probable cause supporting search on grounds of truthfulness; when identity of informant must be disclosed
- § 15A-979 Motion to suppress evidence in superior and district court; orders of suppression; effects of orders and of failure to make motion
- § 15A-984 Reserved for future codification purposes
- § 15A-985 Corroboration of in-custody informant statement
- § 15A-990 Reserved for future codification purposes
- § 15A-1001 No proceedings when defendant mentally incapacitated; exception
- § 15A-1002 Determination of incapacity to proceed; evidence; temporary commitment; temporary orders
- § 15A-1003 Referral of incapable defendant for civil commitment proceedings
- § 15A-1004 Orders for safeguarding of defendant and return for trial
- § 15A-1006 Return of defendant for trial upon gaining capacity
- § 15A-1007 Supplemental hearings
- § 15A-1008 Dismissal of charges
- § 15A-1010 Reserved for future codification purposes
- § 15A-1011 Pleas in district and superior courts; waiver of appearance
- § 15A-1021 Plea conference; improper pressure prohibited; submission of arrangement to judge; restitution and reparation as part of plea arrangement agreement, etc
- § 15A-1022 Advising defendant of consequences of guilty plea; informed choice; factual basis for plea; admission of guilt not required
- § 15A-1022.1 Procedure in accepting admissions of the existence of aggravating factors in felonies
- § 15A-1023 Action by judge in plea arrangements relating to sentence; no approval required when arrangement does not relate to sentence
- § 15A-1024 Withdrawal of guilty plea when sentence not in accord with plea arrangement
- § 15A-1025 Plea discussion and arrangement inadmissible
- § 15A-1026 Record of proceedings
- § 15A-1029 Reserved for future codification purposes
- § 15A-1029.1 Transfer of case from superior court to district court to accept guilty and no contest pleas for certain felony offenses
- § 15A-1030 Reserved for future codification purposes
- § 15A-1031 Custody and restraint of defendant and witnesses
- § 15A-1032 Removal of disruptive defendant
- § 15A-1033 Removal of disruptive witnesses and spectators
- § 15A-1034 Controlling access to the courtroom
- § 15A-1035 Other powers
- § 15A-1051 Immunity; general provisions
- § 15A-1052 Grant of immunity in court proceedings
- § 15A-1053 Grant of immunity before grand jury
- § 15A-1054 Charge reductions or sentence concessions in consideration of truthful testimony
- § 15A-1055 Evidence of grant of immunity or testimonial arrangement may be fully developed; impact may be argued to the jury
- § 15A-1061 Mistrial for prejudice to defendant
- § 15A-1062 Mistrial for prejudice to the State
- § 15A-1063 Mistrial for impossibility of proceeding
- § 15A-1064 Mistrial; finding of facts required
- § 15A-1065 Procedure following mistrial
- § 15A-1101 Applicability of superior court procedure
- § 15A-1111 General procedure for disposition of infractions
- § 15A-1112 Venue
- § 15A-1113 Prehearing procedure
- § 15A-1114 Hearing procedure for infractions
- § 15A-1115 Review of infractions originally disposed of in superior court
- § 15A-1116 Enforcement of sanctions
- § 15A-1201 Right to trial by jury; waiver of jury trial; procedure for waiver
- § 15A-1211 Selection procedure generally; role of judge; challenge to the panel; authority of judge to excuse jurors
- § 15A-1212 Grounds for challenge for cause
- § 15A-1213 Informing prospective jurors of case
- § 15A-1214 Selection of jurors; procedure
- § 15A-1215 Alternate jurors
- § 15A-1216 Impaneling jury
- § 15A-1221 Order of proceedings in jury trial; reading of indictment prohibited
- § 15A-1222 Expression of opinion prohibited
- § 15A-1223 Disqualification of judge
- § 15A-1224 Death or disability of trial judge
- § 15A-1225 Exclusion of witnesses
- § 15A-1225.1 Child witnesses; remote testimony
- § 15A-1225.2 Witnesses with an intellectual or developmental disability; remote testimony
- § 15A-1225.3 Forensic analyst remote testimony
- § 15A-1226 Rebuttal evidence; additional evidence
- § 15A-1227 Motion for dismissal
- § 15A-1228 Notes by the jury
- § 15A-1229 View by jury
- § 15A-1230 Limitations on argument to the jury
- § 15A-1231 Jury instructions
- § 15A-1232 Jury instructions; explanation of law; opinion prohibited
- § 15A-1233 Review of testimony; use of evidence by the jury
- § 15A-1234 Additional instructions
- § 15A-1235 Length of deliberations; deadlocked jury
- § 15A-1236 Admonitions to jurors; regulation and separation of jurors
- § 15A-1237 Verdict
- § 15A-1238 Polling the jury
- § 15A-1239 Judicial comment on verdict
- § 15A-1240 Impeachment of the verdict
- § 15A-1241 Record of proceedings
- § 15A-1242 Defendant's election to represent himself at trial
- § 15A-1243 Standby counsel for defendant representing himself
- § 15A-1301 Order of commitment to imprisonment when not otherwise specified
- § 15A-1321 Automatic civil commitment of defendants found not guilty by reason of insanity
- § 15A-1322 Temporary restraint
- § 15A-1331 Authorized sentences; conviction
- § 15A-1331.1 Forfeiture of licensing privileges after conviction of a felony
- § 15A-1331.2 Prayer for judgment continued for a period of time that exceeds 12 months is an improper disposition of a Class B1, B2, C, D, or E felony
- § 15A-1332 Presentence reports
- § 15A-1333 Availability of presentence report
- § 15A-1335 Resentencing after appellate review
- § 15A-1336 Compliance with criminal case firearm notification requirements of the federal Violence Against Women Act
- § 15A-1340 Reserved for future codification purposes
- § 15A-1340.9 Reserved for future codification purposes
- § 15A-1340.10 Applicability of structured sentencing
- § 15A-1340.11 Definitions
- § 15A-1340.12 Purposes of sentencing
- § 15A-1340.13 Procedure and incidents of sentence of imprisonment for felonies
- § 15A-1340.14 Prior record level for felony sentencing
- § 15A-1340.15 Multiple convictions
- § 15A-1340.16 Aggravated and mitigated sentences
- § 15A-1340.16A Enhanced sentence if defendant is convicted of a Class A, B1, B2, C, D, or E felony and the defendant used, displayed, or threatened to use or display a firearm or deadly weapon during the commission of the felony
- § 15A-1340.16B Life imprisonment without parole for a second or subsequent conviction of a Class B1 felony if the victim was 13 years of age or younger and there are no mitigating factors
- § 15A-1340.16C Enhanced sentence if defendant is convicted of a felony and the defendant was wearing or had in his or her immediate possession a bullet-proof vest during the commission of the felony
- § 15A-1340.16D Manufacturing methamphetamine; enhanced sentence
- § 15A-1340.16E Enhanced sentence for offenses committed by criminal gang members as a part of criminal gang activity
- § 15A-1340.16F Aggregation of multiple financial crime offenses
- § 15A-1340.16G Enhanced sentence if defendant is convicted of a misdemeanor or felony and the defendant was wearing a mask or other clothing or device to conceal or attempt to conceal the defendant's identity
- § 15A-1340.17 Punishment limits for each class of offense and prior record level
- § 15A-1340.18 Advanced supervised release
- § 15A-1340.19 Reserved for future codification purposes
- § 15A-1340.19A Applicability
- § 15A-1340.19B Penalty determination
- § 15A-1340.19C Sentencing; assignment for resentencing
- § 15A-1340.19D Incidents of parole
- § 15A-1340.20 Procedure and incidents of sentence of imprisonment for misdemeanors
- § 15A-1340.21 Prior conviction level for misdemeanor sentencing
- § 15A-1340.23 Punishment limits for each class of offense and prior conviction level
- § 15A-1340.34 Restitution generally
- § 15A-1340.35 Basis for restitution
- § 15A-1340.36 Determination of restitution
- § 15A-1340.37 Effect of restitution order; beneficiaries
- § 15A-1340.39 Remission of restitution, notice, and hearing required
- § 15A-1340.50 Permanent no contact order prohibiting future contact by convicted violent offender with crime victim
- § 15A-1341 Probation generally
- § 15A-1342 Incidents of probation
- § 15A-1343 Conditions of probation
- § 15A-1343.2 Special probation rules for persons sentenced under Article 81B
- § 15A-1343.3 Division of Community Supervision and Reentry of the Department of Adult Correction to establish regulations for continuous alcohol monitoring systems; payment of fees; authority to terminate monitoring
- § 15A-1344 Response to violations; alteration and revocation
- § 15A-1344.1 Procedure to insure payment of child support
- § 15A-1344.2 Delegation of authority to reduce a term of supervised probation
- § 15A-1345 Arrest and hearing on probation violation
- § 15A-1346 Commencement of probation; multiple sentence
- § 15A-1347 Appeal from revocation of probation or imposition of special probation upon violation; consequences of waiver of hearing
- § 15A-1351 Sentence of imprisonment; incidents; special probation
- § 15A-1352 Commitment to Division of Prisons of the Department of Adult Correction or local confinement facility
- § 15A-1353 Order of commitment when imprisonment imposed; release pending appeal
- § 15A-1354 Concurrent and consecutive terms of imprisonment
- § 15A-1355 Calculation of terms of imprisonment
- § 15A-1361 Authorized fines and penalties
- § 15A-1362 Imposition of fines
- § 15A-1363 Remission of a fine or costs
- § 15A-1364 Response to nonpayment
- § 15A-1367 Reserved for future codification purposes
- § 15A-1368 Definitions and administration
- § 15A-1368.1 Applicability of Article 84A
- § 15A-1368.2 Post-release supervision eligibility and procedure
- § 15A-1368.3 Incidents of post-release supervision
- § 15A-1368.4 Conditions of post-release supervision
- § 15A-1368.5 Commencement of post-release supervision; multiple sentences
- § 15A-1368.6 Arrest and hearing on post-release supervision violation
- § 15A-1369 Definitions
- § 15A-1369.1 Authority to release
- § 15A-1369.2 Eligibility
- § 15A-1369.3 Procedure for medical release
- § 15A-1369.4 Conditions of medical release
- § 15A-1369.5 Change in medical status
- § 15A-1370 Reserved for future codification purposes
- § 15A-1370.1 Applicability of Article 85
- § 15A-1371 Parole eligibility, consideration, and refusal
- § 15A-1372 Length and effect of parole term
- § 15A-1373 Incidents of parole
- § 15A-1374 Conditions of parole
- § 15A-1375 Commencement of parole; multiple sentences
- § 15A-1376 Arrest and hearing on parole violation
- § 15A-1377 Repealed by Session Laws 1977, 2nd Sess., c. 1147, s. 27
- § 15A-1381 Disposition defined
- § 15A-1382 Reports of disposition; fingerprints
- § 15A-1382.1 Reports of disposition; domestic violence; child abuse; sentencing
- § 15A-1382.2 Sentencing court to include in judgment whether firearm was used
- § 15A-1383 Plans for implementation of Article; punishment for failure to comply; modification of plan
- § 15A-1401 Post-trial motions and appeal
- § 15A-1411 Motion for appropriate relief
- § 15A-1412 Provisions of Article procedural
- § 15A-1413 Trial judges empowered to act; assignment of motions for appropriate relief
- § 15A-1414 Motion by defendant for appropriate relief made within 10 days after verdict
- § 15A-1415 Grounds for appropriate relief which may be asserted by defendant after verdict; limitation as to time
- § 15A-1416 Motion by the State for appropriate relief
- § 15A-1416.1 Motion by the defendant to vacate a nonviolent offense conviction for human trafficking victim
- § 15A-1417 Relief available
- § 15A-1418 Motion for appropriate relief in the appellate division
- § 15A-1419 When motion for appropriate relief denied
- § 15A-1420 Motion for appropriate relief; procedure
- § 15A-1421 Indigent defendants
- § 15A-1422 Review upon appeal
- § 15A-1431 Appeals by defendants from magistrate and district court judge; trial de novo
- § 15A-1441 Correction of errors by appellate division
- § 15A-1442 Grounds for correction of error by appellate division
- § 15A-1443 Existence and showing of prejudice
- § 15A-1444 When defendant may appeal; certiorari
- § 15A-1445 Appeal by the State
- § 15A-1446 Requisites for preserving the right to appellate review
- § 15A-1447 Relief available upon appeal
- § 15A-1448 Procedures for taking appeal
- § 15A-1449 Security for costs not required
- § 15A-1450 Withdrawal of appeal
- § 15A-1451 Stay of sentence; bail; no stay when State appeals
- § 15A-1452 Execution of sentence upon determination of appeal; compliance with directive of appellate court
- § 15A-1459 Reserved for future codification purposes
- § 15A-1460 Definitions
- § 15A-1461 Purpose of Article
- § 15A-1462 Commission established
- § 15A-1463 Membership; chair; meetings; quorum
- § 15A-1464 Terms of members; compensation; expenses
- § 15A-1465 Director and other staff
- § 15A-1466 Duties
- § 15A-1467 Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim
- § 15A-1468 Commission proceedings
- § 15A-1469 Postcommission three-judge panel
- § 15A-1470 No right to further review of decision by Commission or three-judge panel; convicted person retains right to other postconviction relief
- § 15A-1471 Preservation of files and evidence; production of files and evidence; forensic and DNA testing
- § 15A-1475 Reports
- § 15A-2000 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence
- § 15A-2001 Capital offenses; plea of guilty
- § 15A-2002 Capital offenses; jury verdict and sentence
- § 15A-2004 Prosecutorial discretion
- § 15A-2005 Intellectual disability; death sentence prohibited
- § 15A-2007 Postconviction venue for capital defendants