In keeping with my recent work in the Chapter 90 realm, here is another issue, presented in pop quiz form. Without peeking at the statutes:
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Loading ...I have been getting several questions lately about the crime of assault by strangulation, a Class H felony under G.S. 14-32.4(b). This crime can be tricky because two of its four elements are not statutorily defined. This post explains those elements in more detail.
Category: Crimes and Elements | Tags: assault, Assault by strangulation, domestic violence, strangulation
Some of my recent posts have addressed weapon offenses at demonstrations and other public events, and I also wrote recently about the issue of dicta in a court opinion being treated as binding precedent. Those two topics converged in an interesting way during a training seminar yesterday for magistrates.
We were discussing one of the most well-known offenses in this area, Going Armed to Terror of the People, when this question came up: is it really limited to offenses that occur “on a public highway,” or can it apply in other public places like parks, bus stations, and government buildings? If not, why not? Especially since other breach of the peace offenses like affray or disorderly conduct apply more broadly to any “public place?”
Charging practices seem to differ on this point around the state, and there is some room for debate depending on how far back we go in the case law, so I thought it warranted a closer look.
Category: Crimes and Elements, Uncategorized | Tags: armed to the terror of the people, dawson, huntley, public highway, public place, staten, toler
I recently taught on the basics of drug law in North Carolina and was reminded just what a tricky area it can be. Chapter 90 of the N.C. General Statutes is a dense, complex, and ever-evolving set of laws proscribing controlled substances. There are many substances, offenses, enhancements, and sentencing rules to know, as well as evidence issues and offense-specific case law. One thorny area involves the law of drug mixtures. While practitioners handling felony drug cases may be aware of the rules here, they may come as a surprise to others. Some applications of the law in this area can produce unexpected results for the unwary defendant. Today’s post examines the rules of drug mixtures and their implications in North Carolina. Continue reading →
Category: Crimes and Elements, Uncategorized | Tags: cannabis, controlled substances, drug mixtures, drug weights, drugs, isolated THC, marijuana, marijuana edibles, marijuana extracts, opiates, opioids, oxycodone, percocet, pills, THC, trafficking
In May of this year I wrote a blog post about protesters and demonstrators carrying firearms at their events. In the months since that post, a variation of that conduct has begun happening more frequently: armed militias showing up at other groups’ events, either as supporters or as opponents. The recent events in Kenosha have brought renewed media attention to this issue, but incidents involving armed militias have occurred all across the country this summer (see a few examples here, here, here, and here).
Lately I’ve been asked if these types of private militias are legal in North Carolina, and if so, whether they are permitted to “deploy” to protests as participants or security? This post provides a summary of the relevant statutes and the criminal offenses that may apply.
Category: Crimes and Elements, Uncategorized | Tags: 127A, armed, demonstrations, firearms, guns, militia, protests
For the most part, if a defendant is convicted of a crime included in the list of reportable offenses, the defendant must register. But some crimes require registration only if the judge orders it. Today’s post summarizes what we know about the process for making that decision. Continue reading →
What acts qualify as sexual acts? For North Carolina criminal law purposes, it depends on the context. Continue reading →
This post summarizes published criminal opinions of the Court of Appeals decided on July 7, 2020. Continue reading →
On Thursday, June 4, 2020, the North Carolina General Assembly passed S.B. 315, referred to as the State Farm Bill, which was subsequently signed into law by the Governor. The bill was pending all last session and stalled, allegedly over a dispute about how to treat smokable hemp. As I understand it, the bill originally intended to clarify that hemp in all forms (including smokable hemp) was legal (here is an earlier version of the bill taking that approach). After hearing objections from law enforcement and prosecutors (as detailed in the SBI memo on the subject), the proposed bill was changed to ban smokable hemp and regulate the rest of the hemp industry in a variety of ways. When the bill was last being discussed in the news, the dispute at the General Assembly had apparently narrowed to when the smokable hemp ban was to kick in. But, the bill never passed last session, and we were without a Farm Bill until this month. So, what big changes does the bill have in store for hemp in North Carolina? Continue reading →
Category: Crimes and Elements, Evidence, Search and Seizure, Uncategorized | Tags: cannabis, CBD, drug identification, farm bill, hemp, marijuana, probable cause, SB 315, SB 352, THC
Under the felony murder rule, a death that occurs as the proximate result of the commission or attempted commission of another qualifying crime (robbery, kidnapping, felony involving use of a deadly weapon, and others) constitutes first-degree murder, even in the absence of premeditation and deliberation. See G.S. 14-17(a). Shea Denning wrote a great summary of the basic law on felony murder here, and she tackled the confusing merger doctrine here.
But one topic we haven’t yet covered on this blog is the issue of agency. Under North Carolina’s felony murder law, a defendant can only be held responsible for a death that was caused by himself or an accomplice to the crime, not by an adversary such as a police officer who shoots back. Recently, I was confronted with a couple interesting questions about this rule.
First, why is that the rule, and does it have to be?
Second, how does it apply to situations such as when an innocent bystander is killed by a stray bullet that could have come from either an accomplice or an adversary?
Category: Crimes and Elements, Uncategorized | Tags: agency, felony murder, mutual combat, proximate cause
