Articles in the Crimes and Elements category - Page 40 of 50

One recurring question I get asked is this: If the Defendant engages in two sex acts in one continuous transaction, how many assaults have occurred? When the acts are vaginal […]

[Editor’s note: Sorry that there was no post yesterday. I was travelling and didn’t have reliable internet access. We’re back on track today.] The misdemeanor offenses of driving after notification […]

Twice each year, the School of Government welcomes newly-appointed magistrates for two weeks of training. Part of the curriculum involves learning the elements of common crimes. When I teach the […]

The legislature has passed, and the Governor has signed, new S.L. 2011-12, which creates three new Schedule I drugs, defines certain synthetic cannabinoids as Schedule VI drugs, and makes several […]

Hit and run is a term used to describe several felony and misdemeanor offenses set forth in G.S. 20-166, a statute in which neither the term “hit” nor “run” appears. […]

Under G.S. 14-107, it’s a Class 2 misdemeanor to write a check, “knowing at the time . . . that [the check-writer doesn’t have] sufficient funds on deposit . . […]

Jeff wrote here about a recent high-profile case in which a defendant, Raymond Cook, was charged with multiple felony offenses after he drove while impaired and crashed into a young […]

The News & Observer ran an article last weekend about some of the restrictions on where sex offenders are allowed to live or go. One of the laws mentioned was […]

Suppose that A, who has HIV and knows it, has unprotected sex with B, who doesn’t have HIV. A doesn’t warn B. Has A committed a crime? Yes. At a […]

Jeff previously blogged about multiple assault convictions based on the same conduct, distinguishing double jeopardy issues from statutory interpretation issues. In this post, I will hone in on the statutory […]