1. No category

2014 Legislative Update to 2013 Punishment
Chart for North Carolina Crimes and
Motor Vehicle Offenses
Robert L. Farb
(Offenses created or changes in punishments to existing offenses made by the 2014 Session of the North
Carolina General Assembly; effective for offenses committed on or after December 1, 2014, unless
otherwise noted )
Statute
Description of Offense
Punishment
14-129.3
Taking Venus flytrap
Class H felony 1
14-159.12(c)(1)d.
First-degree trespass on premises of agricultural activities
facility
Class A1 misdemeanor 2
14-258.1(c)
Furnishing tobacco or vapor product to state or local
confinement facility inmate
Class 1 misdemeanor 3
14-258.1(d)
Furnishing mobile telephone or wireless communication
device to state or local confinement facility inmate
Class H felony 4
14-258.1(e)
Possession of tobacco or vapor product by local
confinement facility inmate
Class 1 misdemeanor 5
14-258.1(f)
Possession of mobile telephone or other wireless
communication device by state or local confinement
facility inmate
Class H felony 6
1. This new offense was enacted by S.L. 2014-120 and is effective for offenses committed on or after December 1, 2014.
Before December 1, 2014, taking a Venus flytrap is punished as a Class 3 misdemeanor by G.S. 14-129.
2. This new offense was enacted by S.L. 2014-103 and is effective for offenses committed on or after December 1, 2014.
3. S.L. 2014-3, effective for offenses committed on or after December 1, 2014, includes vapor products within this offense.
However, S.L. 2014-115, effective for offenses committed on or after December 1, 2014, allows a local confinement facility to
furnish vapor products or FDA-approved tobacco cessation products to its inmates.
4. S.L. 2014-119, effective for offenses committed on or after December 1, 2014, increases the punishment for this offense
from a Class 1 misdemeanor to a Class H felony.
5. S.L. 2014-3, effective for offenses committed on or after December 1, 2014, includes vapor products within this offense by
amending G.S. 148-23.1(d). S.L. 2014-119, effective for offenses committed on or after December 1, 2014, deletes mobile
phones and other wireless communication devices from this offense because they are now prohibited by new G.S. 14-258.1(f)
(see below in chart). Tobacco and vapor products are prohibited in state correctional facilities under G.S. 148-23.1, although
violations are not punished by criminal penalties.
6. This new offense was enacted by S.L. 2014-119, effective for offenses committed on or after December 1, 2014.
2
2014 Legislative Update to 2013 Punishment Chart for North Carolina Crimes and Motor Vehicle Offenses
14-269(a1), -269(c)
Carrying concealed pistol or gun 7
First offense
Class 2 misdemeanor
Subsequent offense
Class H felony 8
14-280.3
Interference with manned aircraft by unmanned aircraft
systems
14-401.24
Unlawful possession and use of unmanned aircraft systems
Class H felony 9
Using unmanned aircraft with weapon attached
Class E felony 10
Fishing or hunting using unmanned aircraft
Class 1 misdemeanor 11
14-401.25
Disseminating images taken with technology attached to
unmanned aircraft system
Class A1 misdemeanor 12
14-415.21(a)
Carrying concealed handgun after having been issued valid
permit and failing to carry permit or failing to make
required disclosures to law enforcement officer
Infraction 13
20-50, -176(a),
-176(c)
Owning a vehicle (including a moped) that is not registered
with DMV or that is not displaying current registration
plates 14
Class 2 misdemeanor
20-158(c)(6)
Failing to stop when ramp meter is displaying circular red
light
Infraction 15
90-113.22
Possession of drug paraphernalia other than marijuana
paraphernalia
Class 1 misdemeanor 16
90-113.22A
Possession of marijuana paraphernalia
Class 3 misdemeanor 17
7. S.L. 2014-119, effective for offenses committed on or after December 1, 2014, provides that a violation of G.S. 14-269(a1)
that is also punishable under G.S. 14-415.21(a) (see below in chart) is not punishable under G.S. 14-269.
8. S.L. 2014-119, effective for offenses committed on or after December 1, 2014, increases the punishment for a second or
subsequent offense from a Class I felony to a Class H felony.
9. This new offense was enacted by S.L. 2014-100 and is effective for offenses committed on or after December 1, 2014.
10. This new offense was enacted by S.L. 2014-100 and is effective for offenses committed on or after December 1, 2014.
11. This new offense was enacted by S.L. 2014-100 and is effective for offenses committed on or after December 1, 2014.
12. This new offense was enacted by S.L. 2014-100 and is effective for offenses committed on or after December 1, 2014.
13. S.L. 2014-119, effective for offenses committed on or after December 1, 2014, provides that a violation of G.S. 14-269(a1)
(see above in chart) that is also punishable under G.S. 14-415.21(a) is not punishable under G.S. 14-269.
14. G.S. 20-53.4, enacted by S.L. 2014-114 and effective for offenses committed on or after July 1, 2015, provides that
mopeds must be registered with the Division of Motor Vehicles. The failure to do so is a violation of G.S. 20-50, which is the
registration statute.
15. This new offense was enacted by S.L. 2014-58 and is effective for offenses committed on or after December 1, 2014.
16. Effective for offenses committed on or after December 1, 2014, S.L. 2014-119 removed marijuana paraphernalia from
G.S. 90-113.22 (possession of drug paraphernalia) and enacted new G.S. 90-113.22A to create the Class 3 misdemeanor of
possession of marijuana paraphernalia, a lesser-included offense of G.S. 90-113.22.
17. Effective for offenses committed on or after December 1, 2014, S.L. 2014-119 removed marijuana paraphernalia from
G.S. 90-113.22 (possession of drug paraphernalia) and enacted new G.S. 90-113.22A to create the Class 3 misdemeanor of
possession of marijuana paraphernalia, a lesser-included offense of G.S. 90-113.22.