(a)        Offense. – A person commits the offense of infliction of serious bodily injury by operation of an aircraft while impaired if, while in violation of N.C. Gen. Stat. § 63-27, he does serious bodily injury to another.

(b)        Defense precluded. – The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.

(c)        Pleading. – In any prosecution for infliction of serious bodily injury by operation of an aircraft while impaired, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant did serious bodily injury to another while operating an aircraft within this State while subject to an impairing substance.

(d)       Punishment. – Violation of this section is a Class F felony. (1929, c. 90, s. 4; 1953, c. 675, s. 9; 1987, c. 818, s. 2; 1993, c. 539, s. 1280; 1994, Ex. Sess., c. 24, s. 14(c).)

Attorney's Note

Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class F felonybetween 10 and 41 months
For details, see § 15A-1340.17

Terms Used In North Carolina General Statutes 63-28

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3