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NC General Statutes

N.C. Gen. Stat. § 14-258.4 (2026)

Malicious conduct by prisoner

✓ current as of July 2026
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(a) Any prisoner who knowingly and willfully throws, emits, or causes to be used as a projectile, any bodily fluids, excrement, or unknown substance at an employee, while the employee is in the performance of the employee's duties, is guilty of a Class F felony.

(b) Any prisoner who knowingly and willfully exposes genitalia to an employee while the employee is in the performance of the employee's duties is guilty of a Class I felony.

(c) The provisions of this section apply to violations committed inside or outside of the prison, jail, detention center, or other confinement facility.

(d) Sentences imposed under this Article shall run consecutively to and shall commence at the expiration of any sentence being served by the person sentenced under this section. (2001-360, s. 1; 2011-145, ss. 19.1(h), (l); 2017-186, s. 2(gg); 2018-67, s. 2.)

 

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 2003–2024 · leading case: State v. Cogdell, 599 S.E.2d 570 (N.C. Ct. App. 2004).
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State v. Cogdell, 599 S.E.2d 570 (N.C. Ct. App. 2004). · cites it 22× “4 (2003) as follows: Any person in the custody of the Department of Correction, the Department of Juvenile Justice and Delinquency Prevention, any law enforcement officer, or any local confinement facility..., including persons pending trial, appellate review, or presentence…”
State v. Noel, 690 S.E.2d 10 (N.C. Ct. App. 2010). · cites it 16× “2d 902, 905 (2003); N.C. Gen. Stat. § 14-258.4 (a) (2007). A charge of malicious conduct by a prisoner need not include an assault and, thus, a charge of assault on a law enforcement officer may not necessarily be a lesser-included offense of a charge of malicious conduct by a…”
State v. Heavner, 741 S.E.2d 897 (N.C. Ct. App. 2013). · cites it 8× “who knowingly and willfully throws, emits, or causes to be used as a projectile, bodily fluids or excrement at a person who is an employee of the State or a local government while the employee is in the performance of the employee’s duties is guilty of a Class F felony.”
State v. Crouse, 610 S.E.2d 454 (N.C. Ct. App. 2005). · cites it 4× “N.C. Gen. Stat. § 14-258.4 (2003). Accordingly, to convict a defendant of this offense, the State must allege and prove: (1) that a person in custody (2) knowingly and willfully (3) threw, emitted, or caused to *387 be used as a projectile, bodily fluids or excrement (4) at a…”
State v. Artis, 622 S.E.2d 204 (N.C. Ct. App. 2005). · cites it 8× “N.C. Gen. Stat. § 14-258.4 (a) (2003). N.”
State v. Robertson, 587 S.E.2d 902 (N.C. Ct. App. 2003). · cites it 2× “N.C. Gen. Stat. § 14-258.4 (2001). The trial court found, as a factor in aggravation of punishment, that “[t]he offense was committed to hinder the lawful exercise of a governmental function or the enforcement of laws.”
State v. Dent, 621 S.E.2d 274 (N.C. Ct. App. 2005). · cites it 2× “153A-217)”), and N.C. Gen. Stat. § 14-258.4 (prohibiting the wilful throwing, emitting, or projecting of bodily fluids or excrement at any person who is an employee of the State or a local government by “[a]ny person in the custody of.”
State v. Smith, 594 S.E.2d 430 (N.C. Ct. App. 2004). · cites it 2× “N.C. Gen. Stat. § 14-258.4 (a) (2003). Accordingly, this Court has found that there are five essential elements that the State must prove in order to prove a defendant guilty of the offense of malicious conduct by a prisoner: *774 (1) the defendant threw, emitted, or caused to…”
State v. Ellis, 608 S.E.2d 803 (2005). · cites it 7× “2d 902, 905 (2003) (citing N.C. Gen. Stat. § 14-258.4 (2001)). Defendant concedes the State met its burden in all but one of the elements, “the defendant was in the custody .”
State v. Chisholm, 817 S.E.2d 797 (N.C. Ct. App. 2018). · cites it 6× “John to testify over Defendant's objection about the profanity and derogatory racial comments Defendant made while she was under arrest in the back of the police cruiser.”
Wall v. Gulledge (M.D.N.C. 2023). · cites it 4× “” N.C. Gen. Stat. § 14-258.4 (2018). However, “prisoner” is defined elsewhere in the Article as “[a]ny person in the custody of (i) the Division of Prisons of the Department of Adult Correction, (ii) any law enforcement officer, or (iii) any local confinement facility.”
Sisk v. Holden (W.D.N.C. 2020). · cites it 4× “On the same day, Plaintiff was charged with and arrested for malicious conduct by a prisoner in violation of N.C.G.S. § 14-258.4 for spitting on Defendant Holden while Holden was performing his duties as an employee of the Transylvania County Sheriff’s Office.”
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