N.C. Gen. Stat. » Chapter 15A
NC General Statutes

N.C. Gen. Stat. § 15A-2002 (2026)

Capital offenses; jury verdict and sentence

✓ current as of July 2026
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If the recommendation of the jury is that the defendant be sentenced to death, the judge shall impose a sentence of death in accordance with the provisions of Chapter 15, Article 19 of the General Statutes.  If the recommendation of the jury is that the defendant be imprisoned for life in the State's prison, the judge shall impose a sentence of imprisonment for life in the State's prison, without parole.

The judge shall instruct the jury, in words substantially equivalent to those of this section, that a sentence of life imprisonment means a sentence of life without parole. (1977, c. 406, s. 2; 1993, c. 538, s. 29; 1994, Ex. Sess., c. 21, s. 5; c. 24, s. 14(b).)

 

§ 15A-2003.  Disability of trial judge.

In the event that the trial judge shall become disabled or unable to conduct the sentencing proceeding provided in this Article, the Chief Justice shall designate a judge to conduct such proceeding.  (1977, c. 406, s. 2.)

 

Notes of Decisions
Cited in 58 cases (2 in the last 5 years), 1979–2025 · leading case: State v. Haselden, 577 S.E.2d 594 (N.C. 2003).
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State v. Haselden, 577 S.E.2d 594 (N.C. 2003). · cites it 18× “§ 15A-2002, the trial judge is required to instruct the jury, "in words substantially equivalent to those of this section, that a sentence of life imprisonment means a sentence of life without parole." N.C.G.S. § 15A-2002 (2001). Nonetheless, defendant argues that he had the…”
State v. Bell, 603 S.E.2d 93 (N.C. 2004). · cites it 14× “Defendant also requested that the trial court modify the verdict sheet to reflect “life without parole.” This request was denied as well.”
State v. Skipper, 446 S.E.2d 252 (N.C. 1994). · cites it 18× “It is true that the General Assembly has recently amended N.C.G.S. § 15A-2002 to require the trial court to instruct the jury during a capital sentencing proceeding concerning the parole eligibility of a defendant sentenced to life.”
State v. Steen, 536 S.E.2d 1 (N.C. 2000). · cites it 15× “However, defendant argues that N.C.G.S. § 15A-2002 imposes a duty upon trial courts to instruct juries that life imprisonment means life without parole.”
State v. Brown, 337 S.E.2d 808 (N.C. 1985). · cites it 12× “" He contends that the use of this word is misleading in that it suggests to the jurors that they are serving in merely an advisory capacity regarding sentencing, when in fact their decision is binding on the trial court under N.C.G.S. § 15A-2002. We find this argument to be…”
State v. Wiley, 565 S.E.2d 22 (N.C. 2002). · cites it 7× “” N.C.G.S. § 15A-2002, para. 2 (2001). We held in Davis that nothing in this section requires the judge to state “life imprisonment without parole” every time he alludes to or mentions the alternative sentence.”
State v. Garcell, 678 S.E.2d 618 (N.C. 2009). · cites it 8× “1134 (1995), superseded on other grounds by statute, N.C.G.S. § 15A-2002, as recognized in State v.”
State v. Lawrence, 530 S.E.2d 807 (N.C. 2000). · cites it 9× “Second, defendant argues that the trial court’s instruction violated N.C.G.S. § 15A-2002, which provides, in pertinent part: The judge shall instruct the jury, in words substantially equivalent to those of this section, that a sentence of life imprisonment means a sentence of…”
State v. Morgan, 604 S.E.2d 886 (N.C. 2004). · cites it 5× “N.C. Gen. Stat. § 15A-2002 provides: If the recommendation of the jury is that the defendant be sentenced to death, the judge shall impose a sentence of death in accordance with the provisions of Chapter 15, Article 19 of the General Statutes.”
State v. Parker, 516 S.E.2d 106 (N.C. 1999). · cites it 9× “However, N.C.G.S. § 15A-2002 provides: If the recommendation of the jury is that the defendant be sentenced to death, the judge shall impose a sentence of death in accordance with the provisions of Chapter 15, Article 19 of the General Statutes.”
State v. Smith, 524 S.E.2d 28 (N.C. 2000). · cites it 9× “N.C.G.S. § 15A-2002 (1999). N.C.G.S. § 15A-2002 provides: If the recommendation of the jury is that the defendant be imprisoned for life in the State’s prison, the judge shall impose a sentence of imprisonment for life in the State’s prison, without parole.”
State v. DeCastro, 467 S.E.2d 653 (N.C. 1996). · cites it 12× “In considering whether to recommend death or life imprisonment, you should determine the question as though life imprisonment means exactly what the statute says, imprisonment for life in the State's prison.”
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