Home  > For Everyone  > Criminal Law  > {More Criminal Law Topics}  > Punishments and Sentencing  > North Carolina General Statutes 15A-1340.16C - Enhanced sentence if defendant is convicted of a felony and the defendant was wearing or had in his or her immediate possession a bullet-proof vest during the commission of the felony 
Search the North Carolina General Statutes

North Carolina General Statutes 15A-1340.16C - Enhanced sentence if defendant is convicted of a felony and the defendant was wearing or had in his or her immediate possession a bullet-proof vest during the commission of the felony

North Carolina General Statutes > Chapter 15A > Article 81B > § 15A-1340.16C - Enhanced sentence if defendant is convicted of a felony and the defendant was wearing or had in his or her immediate possession a bullet-proof vest during the commission of the felony


Current as of: 2010

(a) If a person is convicted of a felony and it is found as provided in this section that the person wore or had in his or her immediate possession a bullet-proof vest at the time of the felony, then the person is guilty of a felony that is one class higher than the underlying felony for which the person was convicted.

(b) Repealed by Session Laws 2003-378, s. 4, effective August 1, 2003.

(b1) This section does not apply to law enforcement officers, unless the State proves beyond a reasonable doubt, pursuant to subsection (d) of this section, both of the following:

(1) That the law enforcement officer was not performing or attempting to perform a law enforcement function.

(2) That the law enforcement officer knowingly wore or had in his or her immediate possession a bulletproof vest at the time of the commission of the felony for the purpose of aiding the law enforcement officer in the commission of the felony.

(c) An indictment or information for the felony shall allege in that indictment or information or in a separate indictment or information the facts set out in subsection (a) of this section. The pleading is sufficient if it alleges that the defendant committed the felony while wearing or having in the defendant's immediate possession a bulletproof vest. One pleading is sufficient for all felonies that are tried at a single trial.

(d) The State shall prove the issue set out in subsection (a) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the felony unless the defendant pleads guilty or no contest to that issue. If the defendant pleads guilty or no contest to the felony but pleads not guilty to the issue set out in subsection (a) of this section, then a jury shall be impaneled to determine that issue.

(e) Subsection (a) of this section does not apply if the evidence that the person wore or had in the person's immediate possession a bulletproof vest is needed to prove an element of the felony. (1999-263, s. 1; 2003-378, s. 4.)

previous sectionArticle 81B Table of Contentsnext section

________________________________________________________________________

Questions & Answers: Punishments and Sentencing

What can you do to help yyour case if you are charged with unlawful sex activity with a minor unknowingly--she lied about her age...
I need to know if act 110 is retroactive for the 1990's?? Thanks...
Please help, is act 110 retroactive for the '90's?? ...
How long is the timeframe to arraign formally charge on pending charges...
I need to know how I can find out if a person transferred his probation from Wisconsin to Florida recently...
What is restitution for fraud in a Indiana civil judgement against member of same LLC ?...

North Carolina Laws: Punishments and Sentencing

North Carolina General Statutes > Chapter 13 - Citizenship Restored
North Carolina General Statutes Chapter 15 > Article 19A - Credits against the Service of Sentences and for Attainment of Prison Privileges
North Carolina General Statutes Chapter 15A > Article 78 - Order of Commitment to Imprisonment
North Carolina General Statutes Chapter 15A > Article 81 - General Sentencing Provisions
North Carolina General Statutes Chapter 15A > Article 81B - Structured Sentencing of Persons Convicted of Crimes
North Carolina General Statutes Chapter 15A > Article 81C - Restitution
North Carolina General Statutes Chapter 15A > Article 83 - Imprisonment
North Carolina General Statutes Chapter 15A > Article 84 - Fines
North Carolina General Statutes Chapter 15A > Article 84A - Post-Release Supervision
North Carolina General Statutes Chapter 15A > Article 84B - Medical Release of Inmates

U.S. Constitution Provisions: Punishments and Sentencing

 U.S. Constitution 8th Amendment

U.S. Code Provisions: Punishments and Sentencing

U.S. Code Title 18 > Part II > Chapter 229 - Postsentence Administration
Comments (0)add comment

Post a comment or question below.
smaller | bigger

busy
 
Email  Email Print  Print   Digg

The Dickerson & Smith Law Group
Virgina Beach, VA Full service law firm

115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
The Dickerson & Smith Law Group

115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
Gabriel & Associates, PC
Virgina Beach, VA Family law attorneys

5226 Indian River Road, Suite 100
Virginia Beach, Virginia 23464
Practice Areas: Criminal Law
www.gabriellawyers.com/
monotone-frail