This post summarizes published criminal decisions from the North Carolina Court of Appeals released on September 7, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. Continue reading
Each year the School of Government summarizes legislation enacted by the North Carolina General Assembly affecting criminal law and procedure and motor vehicle laws. We also explore selected legislation in more depth on this blog. Most criminal law legislation has an effective date of December 1 to allow the courts to prepare for the changes. What follows is a brief summary of the criminal law and related legislation with earlier effective dates enacted thus far during the 2021 legislative session. It isn’t everything the legislature has done, and by no means is it everything you need to know. Continue reading →
I’m happy to announce that I recently finished an Administration of Justice Bulletin about computer-related crimes. It is a substantial expansion of my recent blog posts on the subject, providing an overview of how the statutes have been applied and some criminal scenarios that may fall within their purview. The bulletin is available here as a free download. As always, I welcome comments, feedback, and questions. Please feel free to email me at email@example.com.
The North Carolina legislature recently passed S.L. 2021-68 which amends the existing financial transaction card theft statute to include knowingly possessing, selling, or delivering a skimming device. Continue reading →
This post summarizes decisions released by the United States Supreme Court on June 1, 2021 and June 3, 2021. These summaries, written by Shea Denning and Brittany Williams, will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. Continue reading →
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 1, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. Continue reading →
I previously wrote a blog post about North Carolina’s computer-related crime statutes. Two of our computer crimes are accessing computers under G.S. 14-454 and accessing government computers under G.S. 14-454.1. Both statutes prohibit willfully accessing computers for the purpose of committing fraud or obtaining property or services by false pretenses. Both statutes also prohibit unauthorized access to computers, regardless of fraudulent intent. G.S. 14-453 defines authorization as having the consent or permission of the owner—or of the person licensed or authorized by the owner to grant consent or permission—to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. I’ve gotten several questions recently about the scope of unauthorized access under these statutes, and today’s post examines how these laws may be applied. Continue reading →
By now, we’re all aware of last week’s crisis that caused people to hurry to the pumps and fill up on gas. If not, here’s the news: a hacker group launched a ransomware attack on Colonial Pipeline, a company that operates pipelines for gasoline, causing shortages of gas and panic buying on the east coast. Most likely, any criminal action against the group will happen at the federal level, but this post highlights relevant North Carolina laws that could apply if this or any similar acts are prosecuted within this jurisdiction. Continue reading →
If you haven’t, Catfish is a TV show that uncovers stories of online romantic relationships in which one person is involved with (and has usually sent money to) another person they have never seen. Some of the “couples” will have communicated online for several months without having ever seen one another, and the investigation usually reveals that the person on the other end was not who they claimed to be.
The show gave rise to the popular term “catfish,” which Merriam-Webster defines as the act of deceiving someone by creating a false personal profile online. Though it may be the most common, catfishing is merely one form of online impersonation. While many people may find it entertaining, catfishing and other methods of online impersonation can come with serious consequences.