2005 North Carolina Code - General Statutes Article 5A - Endangering Executive and Legislative, and Court Officers.

Article 5A.

Endangering Executive and Legislative, and Court Officers.

§ 14‑16.6.  Assault on executive, legislative, or court officer.

(a)       Any person who assaults any legislative officer, executive officer, or court officer, or any person who makes a violent attack upon the residence, office, temporary accommodation or means of transport of any one of those officers in a manner likely to endanger the officer, shall be guilty of a felony and shall be punished as a Class I felon.

(b)       Any person who commits an offense under subsection (a) and uses a deadly weapon in the commission of that offense shall be punished as a Class F felon.

(c)       Any person who commits an offense under subsection (a) and inflicts serious bodily injury to any legislative officer, executive officer, or court officer, shall be punished as a Class F felon. (1981, c. 822, s. 1; 1993, c. 539, s. 1125; 1994, Ex. Sess., c. 24, s. 14(c); 1999‑398, s. 1.)

 

§ 14‑16.7.  Threats against executive, legislative, or court officers.

(a)       Any person who knowingly and willfully makes any threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, or court officer, shall be guilty of a felony and shall be punished as a Class I felon.

(b)       Any person who knowingly and willfully deposits for conveyance in the mail any letter, writing, or other document containing a threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, or court officer, shall be guilty of a felony and shall be punished as a Class I felon. (1981, c. 822, s. 1; 1993, c. 539, s. 1126; 1994, Ex. Sess., c. 24, s. 14(c); 1999‑398, s. 1.)

 

§ 14‑16.8.  No requirement of receipt of the threat.

In prosecutions under G.S. 14‑16.7 of this Article it shall not be necessary to prove that any legislative officer, executive officer, or court officer actually received the threatening communication or actually believed the threat. (1981, c. 822, s. 1; 1999‑398, s. 1.)

 

§ 14‑16.9.  Officers‑elect to be covered.

Any person who has been elected to any office covered by this Article but has not yet taken the oath of office shall be considered to hold the office for the purpose of this Article and G.S. 114‑15. (1981, c. 822, s. 1.)

 

§ 14‑16.10.  Definitions.

The following definitions apply in this Article:

(1)       Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or deputy clerk, judge, or justice of the General Court of Justice; district attorney, assistant district attorney, or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney; public defender or assistant defender; court reporter; juvenile court counselor as defined in G.S. 7B‑1501(18a); any attorney or other individual employed by or acting on behalf of the department of social services in proceedings pursuant to Subchapter I of Chapter 7B of the General Statutes; any attorney or other individual appointed pursuant to G.S. 7B‑601 or G.S. 7B‑1108 or employed by the Guardian ad Litem Services Division of the Administrative Office of the Courts.

(2)       Executive officer. – A person named in G.S. 147‑3(c).

(3)       Legislative officer. – A person named in G.S. 147‑2(1), (2), or (3). (1999‑398, s. 1; 2001‑490, s. 2.35; 2003‑140, s. 10.)