(a) A person who commits criminal contempt, whether direct or indirect, is subject to censure, imprisonment up to 30 days, fine not to exceed five hundred dollars ($500.00), or any combination of the three, except that:
(1) A person who commits a contempt described in G.S. 5A-11(8) is subject to censure, imprisonment not to exceed 6 months, fine not to exceed five hundred dollars ($500.00), or any combination of the three;
(2) A person who has not been arrested who fails to comply with a nontestimonial identification order, issued pursuant to Article 14 of Chapter 15A of the General Statutes is subject to censure, imprisonment not to exceed 90 days, fine not to exceed five hundred dollars ($500.00), or any combination of the three; and
(3) A person who commits criminal contempt by failing to comply with an order to pay child support is subject to censure, imprisonment up to 30 days, fine not to exceed five hundred dollars ($500.00), or any combination of the three. However, a sentence of imprisonment up to 120 days may be imposed for a single act of criminal contempt resulting from the failure to pay child support, provided the sentence is suspended upon conditions reasonably related to the contemnor's payment of child support.
(b) Except for contempt under G.S. 5A-11(5) or 5A-11(9), fine or imprisonment may not be imposed for criminal contempt, whether direct or indirect, unless:
(1) The act or omission was willfully contemptuous; or
(2) The act or omission was preceded by a clear warning by the court that the conduct is improper.
(c) The judicial official who finds a person in contempt may at any time withdraw a censure, terminate or reduce a sentence of imprisonment, or remit or reduce a fine imposed as punishment for contempt if warranted by the conduct of the contemnor and the ends of justice.
(d) A person held in criminal contempt under this Article shall not, for the same conduct, be found in civil contempt under Article 2 of this Chapter, Civil Contempt.
(e) A person held in criminal contempt under G.S. 5A-11(9) may nevertheless, for the same conduct, be found guilty of a violation of G.S. 14-225.1, but he must be given credit for any imprisonment resulting from the contempt. (1977, c. 711, s. 3; 1985 (Reg. Sess., 1986), c. 843, s. 1; 1987 (Reg. Sess., 1988), c. 1040, ss. 2, 4; 1989 (Reg. Sess., 1990), c. 1039, s. 4; 1991, c. 686, s. 3; 1999-361, s. 3; 2009-335, s. 1.)
Notes of Decisions
Cited in
28
cases (
3 in the last 5 years), 1980–2024 · 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 21× “See N.C. Gen. Stat. § 5A-12(d) (“A person held in criminal contempt under this Article shall not, for the same conduct, be found in civil contempt under Article 2 of this Chapter, Civil Contempt.”
State v. Dammons, 583 S.E.2d 606 (N.C. Ct. App. 2003).
· cites it 8× “See N.C. Gen. Stat. § 5A-12(a) (2001); see also N.”
Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990).
· cites it 6× “N.C.G.S. § 5A-12(d) (1986); N.C.G.S. § 5A-21(c) (1986).”
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001).
· cites it 6× “I see a lot of people who don't pay child support, often for no good reason, but never before have I seen someone who had the ability to pay so easily and was so consistentlyand I think consistently is the worddelinquent, and deliberately delinquent for an ulterior reason.”
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996).
· cites it 10× “Punishment under § 5A-12 requires a mens rea of willfully contemptuous conduct, or an act proceeded by a clear warning of the court that the conduct was improper.”
McBride v. McBride, 431 S.E.2d 14 (N.C. 1993).
· cites it 3× “In contrast, N.C.G.S. § 5A-12 provides that a defendant found in criminal contempt of court for failure to comply with a court order may be confined for a maximum of 30 days.”
State v. Key, 643 S.E.2d 444 (N.C. Ct. App. 2007).
· cites it 2× “Under N.C. Gen. Stat. § 5A-12, the court could have sentenced Key to up to thirty days imprisonment and a fine of five hundred dollars ($500.”
State v. Burrow, 789 S.E.2d 923 (N.C. Ct. App. 2016).
· cites it 6× “§ 15A-1354(a) (2015) ("When multiple sentences of imprisonment are imposed on a person at the same time or when a term of imprisonment is imposed on a person who is already subject to an undischarged term of imprisonment, .”
Taylor v. Robinson, 508 S.E.2d 289 (N.C. Ct. App. 1998).
· cites it 2× “1997) (stating that willful disobedience of a court order constitutes criminal contempt); § 5A-12 (Cum. Supp. 1997) (authorizing imprisonment as punishment for criminal contempt).”
State v. Reaves, 544 S.E.2d 253 (N.C. Ct. App. 2001).
· cites it 2× “§ 5A-11(8) (1999) at ninety days and six months respectively, G.S. § 5A-12(a). We cannot determine from the instant record the basis for defendant’s 1994 criminal contempt adjudication.”
North Carolina Dep't of Transp. v. Davenport, 432 S.E.2d 303 (N.C. 1993).
· cites it 3× “, N.C.G.S. § 5A-12(a) (1986) (stating person who commits criminal contempt is subject to censure, imprisonment, and fine); § 5A-21(b) (stating person found in civil contempt may be imprisoned as long as contempt continues).”
State v. Brown, 430 S.E.2d 433 (N.C. Ct. App. 1993).
· cites it 3× “” N.C.G.S. § 5A-12(a) (Supp. 1992). Thus the trial court erred when it imposed a term of imprisonment of six months, suspended for five years under the supervision of a probation officer.”
N.C. Gen. Stat. § 5A-12(a): 11 cases
State v. Dammons, 583 S.E.2d 606 (N.C. Ct. App. 2003).
“See N.C. Gen. Stat. § 5A-12(a) (2001); see also N.”
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001).
“I see a lot of people who don't pay child support, often for no good reason, but never before have I seen someone who had the ability to pay so easily and was so consistentlyand I think consistently is the worddelinquent, and deliberately delinquent for an ulterior reason.”
State v. Reaves, 544 S.E.2d 253 (N.C. Ct. App. 2001).
“§ 5A-11(8) (1999) at ninety days and six months respectively, G.S. § 5A-12(a). We cannot determine from the instant record the basis for defendant’s 1994 criminal contempt adjudication.”
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996).
“Punishment under § 5A-12 requires a mens rea of willfully contemptuous conduct, or an act proceeded by a clear warning of the court that the conduct was improper.”
North Carolina Dep't of Transp. v. Davenport, 432 S.E.2d 303 (N.C. 1993).
“, N.C.G.S. § 5A-12(a) (1986) (stating person who commits criminal contempt is subject to censure, imprisonment, and fine); § 5A-21(b) (stating person found in civil contempt may be imprisoned as long as contempt continues).”
N.C. Gen. Stat. § 5A-12(b): 1 case
N.C. Gen. Stat. § 5A-12(b)(1): 1 case
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996).
“Punishment under § 5A-12 requires a mens rea of willfully contemptuous conduct, or an act proceeded by a clear warning of the court that the conduct was improper.”
N.C. Gen. Stat. § 5A-12(b)(2): 1 case
N.C. Gen. Stat. § 5A-12(b)(l): 1 case
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996).
“Punishment under § 5A-12 requires a mens rea of willfully contemptuous conduct, or an act proceeded by a clear warning of the court that the conduct was improper.”
N.C. Gen. Stat. § 5A-12(c): 1 case
State v. Burrow, 789 S.E.2d 923 (N.C. Ct. App. 2016).
“§ 15A-1354(a) (2015) ("When multiple sentences of imprisonment are imposed on a person at the same time or when a term of imprisonment is imposed on a person who is already subject to an undischarged term of imprisonment, .”
N.C. Gen. Stat. § 5A-12(d): 5 cases
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
“See N.C. Gen. Stat. § 5A-12(d) (“A person held in criminal contempt under this Article shall not, for the same conduct, be found in civil contempt under Article 2 of this Chapter, Civil Contempt.”
Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990).
“N.C.G.S. § 5A-12(d) (1986); N.C.G.S. § 5A-21(c) (1986).”
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