(a) Definitions. – As used in this section:
(1) “Residence” means any single-family or multifamily dwelling unit that is not being used as a targeted occupant’s sole place of business or as a place of public meeting.
(2) “Targeted picketing” means picketing, with or without signs, that is specifically directed toward a residence, or one or more occupants of the residence, and that takes place on that portion of a sidewalk or street in front of the residence, in front of an adjoining residence, or on either side of the residence.
(b) It shall be unlawful for a person to engage in targeted picketing when the person knows or should know that the manner in which they are picketing would cause in a reasonable person any of the following:
(1) Fear for the person’s safety or the safety of the person’s immediate family or close personal associates.
(2) Substantial emotional distress. For the purposes of this subdivision, “substantial emotional distress” is defined as in G.S. 14-277.3A(b)(4).
(c) Any person who commits the offense defined in this section is guilty of a Class 2 misdemeanor.
(d) Any person aggrieved under this section may seek injunctive relief in a court of competent jurisdiction to prevent threatened or further violations of this section. Any violation of an injunction obtained pursuant to this section constitutes criminal contempt and shall be punishable by a term of imprisonment of not less than 30 days and no more than 12 months.
(e) Nothing in this section shall be construed to prohibit general picketing that proceeds through residential neighborhoods or that proceeds past residences. ?(2009-300, s. 1.)
Terms Used In North Carolina General Statutes 14-277.4A
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.