(a) Except as provided in subsection (b), each of the following is criminal contempt:
(1) Willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings.
(2) Willful behavior committed during the sitting of a court in its immediate view and presence and directly tending to impair the respect due its authority.
(3) Willful disobedience of, resistance to, or interference with a court's lawful process, order, directive, or instruction or its execution.
(4) Willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question when the refusal is not legally justified.
(5) Willful publication of a report of the proceedings in a court that is grossly inaccurate and presents a clear and present danger of imminent and serious threat to the administration of justice, made with knowledge that it was false or with reckless disregard of whether it was false. No person, however, may be punished for publishing a truthful report of proceedings in a court.
(6) Willful or grossly negligent failure by an officer of the court to perform his duties in an official transaction.
(7) Willful or grossly negligent failure to comply with schedules and practices of the court resulting in substantial interference with the business of the court.
(8) Willful refusal to testify or produce other information upon the order of a judge acting pursuant to Article 61 of Chapter 15A, Granting of Immunity to Witnesses.
(9) Willful communication with a juror in an improper attempt to influence his deliberations.
(9a) Willful refusal by a defendant to comply with a condition of probation.
(9b) Willful refusal to accept post-release supervision or to comply with the terms of post-release supervision by a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes. For purposes of this subdivision, "willful refusal to accept post-release supervision or to comply with the terms of post-release supervision" includes, but is not limited to, knowingly violating the terms of post-release supervision in order to be returned to prison to serve out the remainder of the supervisee's sentence.
(10) Any other act or omission specified elsewhere in the General Statutes of North Carolina as grounds for criminal contempt.
The grounds for criminal contempt specified here are exclusive, regardless of any other grounds for criminal contempt which existed at common law.
(b) No person may be held in contempt under this section on the basis of the content of any broadcast, publication, or other communication unless it presents a clear and present danger of an imminent and serious threat to the administration of criminal justice.
(c) This section is subject to the provisions of G.S. 7A-276.1, Court orders prohibiting publication or broadcast of reports of open court proceedings or reports of public records banned. (1977, c. 711, s. 3; 1994, Ex. Sess., c. 19, s. 1; 2011-307, s. 6.)
Notes of Decisions
Cited in
51
cases (
9 in the last 5 years), 1980–2025 · leading case:
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
· cites it 29× “Chapter 5A of our general statutes grants a court the power to punish a party for certain conduct by finding him or her in contempt of court, which comes in two forms: criminal contempt, governed by Article 1, see N.C. Gen. Stat. §§ 5A-11 to -17 (2105), and civil contempt,…”
State v. Defoe, 691 S.E.2d 1 (N.C. 2010).
· cites it 18× “2d at 80-81 ("Repeated violations of the rule manifesting willful disregard for the fair and expeditious prosecution of capital cases may result in citation for contempt pursuant to N.C.G.S. § 5A-11(7) or other appropriate disciplinary action against the district attorney.”
State v. Baker, 817 S.E.2d 907 (N.C. Ct. App. 2018).
· cites it 10× “" The trial court found Defendant to be in willful contempt of court, in violation of N.C. Gen. Stat. § 5A-11(a)(1) and sentenced Defendant to thirty days in jail.”
State v. Salter, 826 S.E.2d 803 (N.C. Ct. App. 2019).
· cites it 6× “The trial court did not specify which subsection applies; however, based on the trial court's oral rendering of criminal contempt, it is evident the trial court based its Criminal Contempt Order on sections 5A-11(a)(1), (2), and (3), which state that criminal contempt is…”
State v. Reaves, 544 S.E.2d 253 (N.C. Ct. App. 2001).
· cites it 8× “First, enumeration of the “exclusive” grounds for adjudication of criminal contempt is found at N.C.G.S. § 5A-11 (1999). On the other hand, the General Assembly has confined provisions of our “penal law,” Blacks Law Dictionary 370, primarily to Chapter 14 of the General…”
In Re Contempt Proceedings Against Cogdell, 644 S.E.2d 261 (N.C. Ct. App. 2007).
· cites it 11× “(defendant) appeals from an order entered 24 May 2006 holding him in criminal contempt in violation of N.C. Gen.Stat. § 5A-11(a)(6) for the "willful or grossly negligent failure by an officer of the court to perform his duties in an official transaction.”
State v. Matthews, 591 S.E.2d 535 (N.C. 2004).
· cites it 3× ““Repeated violations of the rule manifesting willful disregard for the fair and expeditious prosecution of capital cases may result in citation for contempt pursuant to N.C.G.S. § 5A-11(7) or other appropriate disciplinary action against the district attorney.”
In re: Korfmann, 786 S.E.2d 768 (N.C. Ct. App. 2016).
· cites it 8× “Although the trial court's order does not specify which subsection applies, it appears that the court based its order on section 5A-11(a)(3), which states that criminal contempt is the "[w]illful disobedience of, resistance to, or interference with a court's lawful process,…”
Taylor v. Robinson, 508 S.E.2d 289 (N.C. Ct. App. 1998).
· cites it 4× “See N.C. Gen.Stat. § 5A-11(3) (Cum. Supp. 1997) (stating that willful disobedience of a court order constitutes criminal contempt); § 5A-12 (Cum.”
Lomax v. Shaw, 400 S.E.2d 97 (N.C. Ct. App. 1991).
· cites it 6× “See N.C.G.S. § 5A-11 (1977). We disagree. Nowhere in the order does the trial court find the defendants in contempt.”
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996).
· cites it 9× “N.C. Gen.Stat. § 5A-11(a)(3) (1986 & Cum.”
State v. Key, 643 S.E.2d 444 (N.C. Ct. App. 2007).
· cites it 3× “5A-ll(a)(7), at the date and time set for the aforesaid probation hearing to represent his clientf.”
N.C. Gen. Stat. § 5A-11(1): 1 case
N.C. Gen. Stat. § 5A-11(3): 3 cases
Taylor v. Robinson, 508 S.E.2d 289 (N.C. Ct. App. 1998).
“See N.C. Gen.Stat. § 5A-11(3) (Cum. Supp. 1997) (stating that willful disobedience of a court order constitutes criminal contempt); § 5A-12 (Cum.”
N.C. Gen. Stat. § 5A-11(7): 3 cases
State v. Defoe, 691 S.E.2d 1 (N.C. 2010).
“2d at 80-81 ("Repeated violations of the rule manifesting willful disregard for the fair and expeditious prosecution of capital cases may result in citation for contempt pursuant to N.C.G.S. § 5A-11(7) or other appropriate disciplinary action against the district attorney.”
State v. Matthews, 591 S.E.2d 535 (N.C. 2004).
““Repeated violations of the rule manifesting willful disregard for the fair and expeditious prosecution of capital cases may result in citation for contempt pursuant to N.C.G.S. § 5A-11(7) or other appropriate disciplinary action against the district attorney.”
N.C. Gen. Stat. § 5A-11(8): 1 case
State v. Reaves, 544 S.E.2d 253 (N.C. Ct. App. 2001).
“First, enumeration of the “exclusive” grounds for adjudication of criminal contempt is found at N.C.G.S. § 5A-11 (1999). On the other hand, the General Assembly has confined provisions of our “penal law,” Blacks Law Dictionary 370, primarily to Chapter 14 of the General…”
N.C. Gen. Stat. § 5A-11(a): 5 cases
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
“Chapter 5A of our general statutes grants a court the power to punish a party for certain conduct by finding him or her in contempt of court, which comes in two forms: criminal contempt, governed by Article 1, see N.C. Gen. Stat. §§ 5A-11 to -17 (2105), and civil contempt,…”
N.C. Gen. Stat. § 5A-11(a)(1): 10 cases
State v. Baker, 817 S.E.2d 907 (N.C. Ct. App. 2018).
“" The trial court found Defendant to be in willful contempt of court, in violation of N.C. Gen. Stat. § 5A-11(a)(1) and sentenced Defendant to thirty days in jail.”
State v. Salter, 826 S.E.2d 803 (N.C. Ct. App. 2019).
“The trial court did not specify which subsection applies; however, based on the trial court's oral rendering of criminal contempt, it is evident the trial court based its Criminal Contempt Order on sections 5A-11(a)(1), (2), and (3), which state that criminal contempt is…”
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
“Chapter 5A of our general statutes grants a court the power to punish a party for certain conduct by finding him or her in contempt of court, which comes in two forms: criminal contempt, governed by Article 1, see N.C. Gen. Stat. §§ 5A-11 to -17 (2105), and civil contempt,…”
In re: Korfmann, 786 S.E.2d 768 (N.C. Ct. App. 2016).
“Although the trial court's order does not specify which subsection applies, it appears that the court based its order on section 5A-11(a)(3), which states that criminal contempt is the "[w]illful disobedience of, resistance to, or interference with a court's lawful process,…”
N.C. Gen. Stat. § 5A-11(a)(2): 2 cases
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
“Chapter 5A of our general statutes grants a court the power to punish a party for certain conduct by finding him or her in contempt of court, which comes in two forms: criminal contempt, governed by Article 1, see N.C. Gen. Stat. §§ 5A-11 to -17 (2105), and civil contempt,…”
State v. Key, 643 S.E.2d 444 (N.C. Ct. App. 2007).
“5A-ll(a)(7), at the date and time set for the aforesaid probation hearing to represent his clientf.”
N.C. Gen. Stat. § 5A-11(a)(3): 17 cases
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
“Chapter 5A of our general statutes grants a court the power to punish a party for certain conduct by finding him or her in contempt of court, which comes in two forms: criminal contempt, governed by Article 1, see N.C. Gen. Stat. §§ 5A-11 to -17 (2105), and civil contempt,…”
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996).
“N.C. Gen.Stat. § 5A-11(a)(3) (1986 & Cum.”
In re: Korfmann, 786 S.E.2d 768 (N.C. Ct. App. 2016).
“Although the trial court's order does not specify which subsection applies, it appears that the court based its order on section 5A-11(a)(3), which states that criminal contempt is the "[w]illful disobedience of, resistance to, or interference with a court's lawful process,…”
N.C. Gen. Stat. § 5A-11(a)(6): 1 case
In Re Contempt Proceedings Against Cogdell, 644 S.E.2d 261 (N.C. Ct. App. 2007).
“(defendant) appeals from an order entered 24 May 2006 holding him in criminal contempt in violation of N.C. Gen.Stat. § 5A-11(a)(6) for the "willful or grossly negligent failure by an officer of the court to perform his duties in an official transaction.”
N.C. Gen. Stat. § 5A-11(a)(7): 1 case
State v. Key, 643 S.E.2d 444 (N.C. Ct. App. 2007).
“5A-ll(a)(7), at the date and time set for the aforesaid probation hearing to represent his clientf.”
N.C. Gen. Stat. § 5A-11(a)(9a): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.