Articles in the Crimes and Elements category - Page 41 of 49

Federal law makes it illegal for a person to possess a gun after having been “convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). […]

The court of appeals decided State v. Dewalt last week, holding that the aggravating factor of driving while license revoked, when used to elevate misdemeanor speeding to elude arrest to […]

I thought I’d take a minute to discuss three questions that I get about prescription drugs. [Update: Several people posted comments or emailed me about the relationship between prescription drugs […]

Under the common law doctrine of aiding and abetting, a person is considered to be a principal to a crime when: (1)  a crime is committed by another, (2)  the […]

As I noted in a previous post, it is a crime under G.S. 14-454(b) “willfully and without authorization . . .  [to] access[] . . . any computer.” I posed […]

It is a regular condition of probation for all supervised probationers that they “[r]emain within the jurisdiction of the court unless granted written permission to leave by the court or […]

The contents of an envelope tucked under the windshield wiper of your car parked on a city street doesn’t seem as ominous as a citation hand-delivered through your driver’s side […]

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 […]

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 (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. […]