Articles in the Crimes and Elements category - Page 45 of 49

When a person over 16, using a computer or other electronic device, and with the “intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands” a person […]

What does it mean to access a computer without authorization? It’s an important question. North Carolina’s computer crime statutes appear at G.S. 14-453 et seq. Among other things, the statutes […]

The Office of Indigent Defense Services (IDS) is studying data related to the disposition of seventeen types of misdemeanor charges during the 2009 fiscal year to determine whether decriminalization of […]

Jeff Welty blogged here about inconsistent verdicts.  As he explained, a defendant generally isn’t entitled to relief from inconsistent verdicts, which may result from jury irrationality, a jury’s desire to […]

First off, sorry I didn’t post yesterday. I was laid up with food poisoning — I blame holiday leftovers! I’m much better today, so on to today’s topic, which is […]

Our murder statute, G.S. 14-17, defines first-degree murder, then proceeds as follows: “All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium […]

A divided court of appeals decided another significant gun case this week. But before I talk about the opinion in State v. Whitaker, I’ll briefly summarize the legal backdrop for […]

I have noted in numerous prior posts (most recently, here) that the statutes governing satellite-based monitoring (SBM) determination hearings (G.S. 14-208.40A and -208.40B) are unclear as to whether the court […]

More than a decade ago, the General Assembly enacted G.S. 20-141.5, making it a Class 1 misdemeanor to operate a motor vehicle on street, highway, or public vehicular area while […]

We’ve seen several significant cases concerning gun laws in the past few years. The two biggest, of course, are District of Columbia v. Heller, 554 U.S. ___ (2008), in which […]