North Carolina General Statutes 110-103. Criminal penalty
(a) Any person who violates the provisions of N.C. Gen. Stat. § 110-98 shall be guilty of a Class 1 misdemeanor. Violations of N.C. Gen. Stat. § 110-98(2), 110-99(b), 110-99(c), and 110-102 are exempted from the provisions of this subsection.
(b) It shall be a Class I felony for any person who operates a child care facility to:
(1) Willfully violate the provisions of N.C. Gen. Stat. § 110-99(a), or
(2) Willfully violate the provisions of this Article while providing child care for three or more children, for more than four hours per day on two consecutive days.
(c) Any person who violates the provisions of this Article and, as a result of the violation, causes serious injury to a child attending the child care facility, shall be guilty of a Class H felony.
(d) Any person who violates subsection (a) of this section, and has a prior conviction for violating subsection (a), shall be guilty of a Class H felony. (1971, c. 803, s. 1; 1983, c. 297, s. 3; 1985, c. 757, s. 156(gg); 1987, c. 788, s. 14; 1993, c. 539, s. 824; 1994, Ex. Sess., c. 24, s. 14(c); 1997-506, s. 20; 2003-192, s. 1.)
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class H felony | between 4 and 25 months | |
| Class I felony | between 3 and 12 months | |
| Class 1 misdemeanor | up to 120 days |
Terms Used In North Carolina General Statutes 110-103
- Child care: A program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours but less than 24 hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage, or adoption. See North Carolina General Statutes 110-86
- Child care facility: Includes child care centers, family child care homes, and any other child care arrangement not excluded by N. See North Carolina General Statutes 110-86
- Conviction: A judgement of guilt against a criminal defendant.