North Carolina Criminal Law Blog

I previously wrote a blog post about North Carolina’s computer-related crime statutes. Two of our computer crimes are accessing computers under G.S. 14-454 and accessing government computers under G.S. 14-454.1. Both statutes prohibit willfully accessing computers for the purpose of committing fraud or obtaining property or services by false pretenses. Both statutes also prohibit unauthorized access to computers, regardless of fraudulent intent. G.S. 14-453 defines authorization as having the consent or permission of the owner—or of the person licensed or authorized by the owner to grant consent or permission—to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. I’ve gotten several questions recently about the scope of unauthorized access under these statutes, and today’s post examines how these laws may be applied.

An attack in San Jose on Wednesday that left 10 people dead now is the deadliest mass shooting in the history of the California Bay Area.  The San Jose Mercury News reports that Samuel Cassidy fired nearly 40 rounds while killing coworkers at a Valley Transit Authority light rail facility.  Keep reading for more news.

Does the court have authority over parents of juveniles who are respondents in delinquency matters once the juvenile turns 18? This question has come up repeatedly as practitioners across North Carolina continue to implement the Juvenile Jurisdiction Reinvestment Act (JJRA), the law that brought the vast majority of youth who commit offenses at ages 16 and 17 under juvenile court jurisdiction. The short answer is—yes. However, that fact does not mean that this jurisdictional law is without complications. This blog explains why the new jurisdictional laws have led to increased numbers of 18- and 19-year-olds under juvenile court jurisdiction, the court’s authority over the parents of those youth, and complications related to this jurisdictional authority over parents of people who are legally adults.

On Monday, District Attorney Andrew Womble announced his determination that the killing of Andrew Brown Jr. by Pasquotank County sheriff’s deputies during the service of search and arrest warrants at Brown’s home in Elizabeth City last month was justified by reasonable belief that deadly force was necessary due to Brown’s use of his vehicle as a weapon and means of escape.  Keep reading for more on this story and other news.

This post summarizes decisions released by the United States Supreme Court on May 17, 2021.  As always, they will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.

This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals released during April 2021.

Motorists across the state are scrambling to find gas after a cyberattack on Colonial Pipeline significantly reduced shipments of fuel throughout much of the east coast this week.  The attack, which involved encrypting data on the company’s computer systems, is being blamed on a group called DarkSide that is thought to be based in Russia or Eastern Europe.  The brazen international crime has caused a ripple effect of relatively minor local crime – as ABC 11 reports, two people have been charged with assault after fighting each other over spots in line at a station in Knightdale.  Keep reading for more news.

This week Governor Roy Cooper appointed R. Andrew Murray, the former U.S. Attorney for the Western District of North Carolina, as the acting District Attorney for Prosecutorial District 42 following the removal of Greg Newman from office.  Murray served as the District Attorney in Mecklenburg County prior to serving in the federal Western District.  Keep reading for more on this story and other news.

The latest cumulative supplement to North Carolina Crimes is now available. It incorporates legislation enacted and cases decided through December 31, 2020. You can buy the book here. Purchase of […]

Tragedy struck in Boone on Wednesday where two members of the Watauga County Sheriff’s Office were killed during a welfare check at a home.  Keep reading for more on this story and other news.