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Category: Crimes and Elements

Internet Sweepstakes Update

I’ve blogged before about the General Assembly’s latest effort to eradicate internet sweepstakes. Because G.S. 14-306.4 went into effect yesterday, I’ve had lots of questions about the law. (I even […]

Strict Liability Crimes

In prior posts, I discussed transferred intent and criminal negligence. Intent and criminal negligence, along with malice and willfulness are some of the common states of mind that the prosecution […]

Criminal Negligence

Criminal negligence (sometimes called culpable negligence) means recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others. State v. […]

Transferred Intent

Suppose a defendant acts intending to do one thing but ends up doing something else. For example, suppose the defendant shoots at A, intending to kill A, but misses and […]

Cyberbullying

Perhaps in response to news reports of teen suicides blamed on embarrassing and/or insensitive web postings, I have been fielding a fair number of calls about North Carolina’s cyberbullying statute. […]

Who’s Driving?

The New York Times recently published this piece on Google cars that drive themselves.  And we’re not just talking about steering a straight line down the interstate.  One car even […]

Obstruction of Justice

As the current edition of North Carolina Crimes explains, “[o]bstructing justice consists of any act that prevents, obstructs, impedes, or hinders public or legal justice, and it may take many […]

Attempted Assault

I’ve had a couple of questions lately about whether attempted assault is a crime. Nationally, there appears to be a split of authority on this issue. 6 Am. Jur. 2d […]