N.C. Gen. Stat. » Chapter 14

N.C. Gen. Stat. § 14-3

Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with deceit and intent to defraud, or with ethnic animosity

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(a) Except as provided in subsections (b) and (c), every person who shall be convicted of any misdemeanor for which no specific classification and no specific punishment is prescribed by statute shall be punishable as a Class 1 misdemeanor. Any misdemeanor that has a specific punishment, but is not assigned a classification by the General Assembly pursuant to law is classified as follows, based on the maximum punishment allowed by law for the offense as it existed on the effective date of Article 81B of Chapter 15A of the General Statutes:

(1) If that maximum punishment is more than six months imprisonment, it is a Class 1 misdemeanor;

(2) If that maximum punishment is more than 30 days but not more than six months imprisonment, it is a Class 2 misdemeanor; and

(3) If that maximum punishment is 30 days or less imprisonment or only a fine, it is a Class 3 misdemeanor.

Misdemeanors that have punishments for one or more counties or cities pursuant to a local act of the General Assembly that are different from the generally applicable punishment are classified pursuant to this subsection if not otherwise specifically classified.

(b) If a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in secrecy and malice, or with deceit and intent to defraud, the offender shall, except where the offense is a conspiracy to commit a misdemeanor, be guilty of a Class H felony.

(c) If any Class 2 or Class 3 misdemeanor is committed because of the victim's race, color, religion, nationality, or country of origin, the offender shall be guilty of a Class 1 misdemeanor. If any Class A1 or Class 1 misdemeanor offense is committed because of the victim's race, color, religion, nationality, or country of origin, the offender shall be guilty of a Class H felony. (R.C., c. 34, s. 120; Code, s. 1097; Rev., s. 3293; C.S., s. 4173; 1927, c. 1; 1967, c. 1251, s. 3; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, ss. 2, 47, 48; 1981, c. 63, s. 1; c. 179, s. 14; 1991, c. 702, s. 2; 1993, c. 538, s. 7; 1994, Ex. Sess., c. 14, s. 2; c. 24, s. 14(b); 1995 (Reg. Sess., 1996), c. 742, s. 6; 2008-197, s. 4.1.)

 

§ 14-3.1.  Infraction defined; sanctions.

(a) An infraction is a noncriminal violation of law not punishable by imprisonment. Unless otherwise provided by law, the sanction for a person found responsible for an infraction is a penalty of not more than one hundred dollars ($100.00). The proceeds of penalties for infractions are payable to the county in which the infraction occurred for the use of the public schools.

(b) The procedure for disposition of infractions is as provided in  Article 66 of Chapter 15A of the General Statutes. (1985, c. 764, s. 1.)

 

Notes of Decisions
Cited in 108 cases (8 in the last 5 years), 1945–2026 · leading case: State v. Mann
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State v. Mann (1986) nc · cites it 78× “§ 14-3, entitled "Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice or with deceit and intent to defraud," provides, in pertinent part: (b) If a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in…”
State v. Glidden (1986) nc · cites it 147× “2d 880, 888 (1949), where he wrote: When the Legislature used the words "done in secrecy and malice, or with deceit and intent to defraud," to describe the second and third classes of aggravated offenses included in the statute now codified as G.S. 14-3, its manifest purpose was…”
State v. Collins (1993) nc · cites it 30× “However, N.C.G.S. § 14-3(b) provides: "If a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in secrecy and malice, or with deceit and intent to defraud, the offender shall, except when the offense is a conspiracy to commit a misdemeanor, be…”
State v. Blount (2011) ncctapp · cites it 17× “I Defendant first argues that the superior court lacked subject-matter jurisdiction to accept his guilty plea to felony obstruction of justice as the indictment was insufficient, on its face, to elevate the charge from a misdemeanor to a felony under N.”
State v. Ditenhafer (2018) ncctapp · cites it 9× “However, N.C. Gen. Stat. § 14-3 (b) (2015) states that “[i]f a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in secrecy and malice, or with deceit and intent to defraud, the offender shall .”
State v. Wright (2010) ncctapp · cites it 6× “2 Defendant also contends the trial court’s decision to enhance the common law obstruction of justice charge to make it a felony pursuant to N.C. Gen. Stat. § 14-3 (b) (2009) was an ex post facto application of the law.”
Turner v. Thomas (2016) nc · cites it 2× “Haynes, North Carolina Tort Law § 14-3(A), at 513-14 (1989) (stating that “[t]he gist of an action for malicious prosecution is the wrongful initiation, encouragement or continuation, of a prior valid process or proceeding” (citation omitted), and that “[a] defendant may also be…”
State v. Cousin (2014) ncctapp · cites it 4× “Although obstruction of justice is ordinarily a common law misdemeanor, N.C. Gen. Stat. § 14-3 (b) provides that “ [i]f a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in secrecy and malice, or with deceit and intent to defraud, the…”
State v. Taylor (2011) ncctapp · cites it 5× “Although obstruction of justice is ordinarily a common law misdemeanor, N.C. Gen. Stat. § 14-3 (b) provides that, “[i]f a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in secrecy and malice, or with deceit and intent to defraud, the…”
State v. Gregory (2002) ncctapp · cites it 5× “” The relevant portion of N.C. Gen. Stat. § 14-3 (2001) states that [a]ny misdemeanor that has a specific punishment, but is not assigned a classification by the General Assembly pursuant to law is classified as follows, based on the maximum punishment allowed by law for the…”
State v. Mitchell (2018) ncctapp · cites it 15× “Defendant now argues this was error and that the North Carolina Supreme Court mandated a definitional test to elevate misdemeanor offenses to felonies under N.C. Gen. Stat. § 14-3 (b) (2017). 7 , and the obstruction of justice offenses at issue here-which involved sending…”
Wheaton v. Hagan (1977) ncmd · cites it 3× “§ 18A-30 prohibits the possession and consumption of alcoholic beverages on premises such as the Coliseum throughout the state. Alcoholic beverage possession under this section is a general misdemeanor, the punishment for which is a fine in the discretion of the court, or…”
Show all 108 citing cases →
— N.C. Gen. Stat. § 14-3(A) — 1 case
Turner v. Thomas (2016) nc “Haynes, North Carolina Tort Law § 14-3(A), at 513-14 (1989) (stating that “[t]he gist of an action for malicious prosecution is the wrongful initiation, encouragement or continuation, of a prior valid process or proceeding” (citation omitted), and that “[a] defendant may also be…”
— N.C. Gen. Stat. § 14-3(a) — 31 cases
Wheaton v. Hagan (1977) ncmd “§ 18A-30 prohibits the possession and consumption of alcoholic beverages on premises such as the Coliseum throughout the state. Alcoholic beverage possession under this section is a general misdemeanor, the punishment for which is a fine in the discretion of the court, or…”
State v. Glidden (1986) nc “2d 880, 888 (1949), where he wrote: When the Legislature used the words "done in secrecy and malice, or with deceit and intent to defraud," to describe the second and third classes of aggravated offenses included in the statute now codified as G.S. 14-3, its manifest purpose was…”
State v. Avery (1985) nc
State v. Taylor (1983) ncctapp
State v. Gamble (1982) ncctapp
— N.C. Gen. Stat. § 14-3(a)(2) — 1 case
State v. Burrow (2016) ncctapp
— N.C. Gen. Stat. § 14-3(b) — 28 cases
State v. Glidden (1986) nc “2d 880, 888 (1949), where he wrote: When the Legislature used the words "done in secrecy and malice, or with deceit and intent to defraud," to describe the second and third classes of aggravated offenses included in the statute now codified as G.S. 14-3, its manifest purpose was…”
State v. Collins (1993) nc “However, N.C.G.S. § 14-3(b) provides: "If a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in secrecy and malice, or with deceit and intent to defraud, the offender shall, except when the offense is a conspiracy to commit a misdemeanor, be…”
State v. Mann (1986) nc “§ 14-3, entitled "Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice or with deceit and intent to defraud," provides, in pertinent part: (b) If a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in…”
State v. Blount (2011) ncctapp “I Defendant first argues that the superior court lacked subject-matter jurisdiction to accept his guilty plea to felony obstruction of justice as the indictment was insufficient, on its face, to elevate the charge from a misdemeanor to a felony under N.”
State v. Crandell (2016) ncctapp
— N.C. Gen. Stat. § 14-3(c) — 2 cases
Reid v. Ayers (2000) ncctapp
M.E. v. T.J. (2020) ncctapp
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