Articles in the Crimes and Elements category

Child pornography (also known as child sexual abuse material, “CSAM”) is a category of speech that is not protected by the First Amendment to the United States Constitution, so long […]

In recent months, I have received several questions about what North Carolina’s cyberstalking statute covers and whether it may infringe on First Amendment free speech rights. This post addresses several […]

Earlier this year, I attended the North Carolina Oral Fluid Summit sponsored by the Governor’s Highway Safety Program and the Foundation for Advancing Alcohol Responsibility. The focus of the Summit […]

This post summarizes the published criminal opinions from the North Carolina Supreme Court released on March 20, 2026. Circumstantial evidence was sufficient to submit robbery with a dangerous weapon to […]

In an earlier post, I discussed one category of unprotected speech that may be criminally punished consistent with the First Amendment, speech integral to criminal conduct. My former colleague Jonathan […]

Hazing has plagued college campuses for decades, and that unfortunately has not changed in recent years. A fraternity at the University of Iowa was recently suspended following the investigation of […]

Most law enforcement officers don’t wear masks, but in recent immigration enforcement surges, many ICE officers have done so. ICE apparently permits the practice but does not require it. Proponents […]

I wrote here about the North Carolina Court of Appeals decision in State v. Calderon, 290 N.C. App. 344 (2023), which set forth a new test for determining whether multiple […]

Not much has changed for cannabis law at the state level since my last post on the topic. I noted there that several defendants were seeking review before the North […]

A short-form murder indictment generally will not support a conviction for assault. That, at any rate, was the rule prior to State v. Singleton, 386 N.C. 183 (2024) (holding that […]