(a) Any person while in the custody of the Division of Prisons, or any person under the custody of any local confinement facility as defined in G.S. 153A-217, who shall have in his possession without permission or authorization a weapon capable of inflicting serious bodily injuries or death, or who shall fabricate or create such a weapon from any source, shall be guilty of a Class H felony; and any person who commits any assault with such weapon and thereby inflicts bodily injury or by the use of said weapon effects an escape or rescue from imprisonment shall be punished as a Class F felon.
(b) A person is guilty of a Class H felony if he assists a prisoner in the custody of the Division of Prisons or of any local confinement facility as defined in G.S. 153A-217 in escaping or attempting to escape and:
(1) In the perpetration of the escape or attempted escape he commits an assault with a deadly weapon and inflicts bodily injury; or
(2) By the use of a deadly weapon he effects the escape of the prisoner. (1975, c. 316, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 455, s. 2; 1993, c. 539, s. 1219; 1994, Ex. Sess., c. 24, s. 14(c); 2011-145, s. 19.1(j); 2017-186, ss. 2(ee), 3(a); 2021-180, s. 19C.9(r).)
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1984–2026 · leading case:
State v. Bishop, 459 S.E.2d 830 (N.C. Ct. App. 1995).
State v. Dent, 621 S.E.2d 274 (N.C. Ct. App. 2005).
· cites it 4× “, N.C. Gen. Stat. § 14-258.2 (prohibiting the possession of a dangerous weapon by “any person under the custody of any local confinement facility as defined in G.”
State v. Bishop, 459 S.E.2d 830 (N.C. Ct. App. 1995).
· cites it 5× “The court also ruled that the crime was substantially similar to N.C. Gen. Stat. § 14-258.2 , even though the sentence for § 14-258.”
State v. Wall (N.C. Ct. App. 2026).
· cites it 19× “Wall (Defendant) appeals from a judgment entered upon a jury verdict finding him guilty of possession of a dangerous weapon in prison under N.C.G.S. § 14-258.2. Defendant argues (1) “that the trial court plainly erred by admitting impermissible and prejudicial lay[-]opinion…”
State v. Blow (N.C. Ct. App. 2014).
· cites it 12× “On 23 July 2012, defendant was indicted for possession of a weapon by a prisoner in violation of N.C. Gen. Stat. § 14-258.2 . -3- At trial, Deputy Collins testified that inmates were not allowed to keep needles in their cells: Due to its extremely sharp nature and ability to…”
State v. Smith (N.C. Ct. App. 2019).
· cites it 4× “” N.C. Gen. Stat. § 14-258.2 (2017). It is referred to in the North Carolina Pattern Jury instructions as “Assault by a Prisoner with a Deadly Weapon Inflicting Bodily Injury.”
State v. Phillips, 314 S.E.2d 6 (N.C. Ct. App. 1984).
· cites it 2× “In pertinent part, G.S. 14-258.2, the law that he allegedly violated, reads as follows: Any person while in the custody of the Division of Prisons, or any person under the custody of any local confinement facility as defined in G.”
— N.C. Gen. Stat. § 14-258.2(a) — 1 case
State v. Wall (N.C. Ct. App. 2026).
“Wall (Defendant) appeals from a judgment entered upon a jury verdict finding him guilty of possession of a dangerous weapon in prison under N.C.G.S. § 14-258.2. Defendant argues (1) “that the trial court plainly erred by admitting impermissible and prejudicial lay[-]opinion…”
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