North Carolina General Statutes 18B-302.1. Penalties for certain offenses related to underage persons
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 1 misdemeanor | up to 120 days |
Terms Used In North Carolina General Statutes 18B-302.1
- Conviction: A judgement of guilt against a criminal defendant.
- Person: means an individual, firm, partnership, association, corporation, limited liability company, other organization or group, or other combination of individuals acting as a unit. See North Carolina General Statutes 18B-101
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) A violation of N.C. Gen. Stat. § 18B-302(a) or (a1) is a Class 1 misdemeanor. Notwithstanding the provisions of N.C. Gen. Stat. § 15A-1340.23, if the court imposes a sentence that does not include an active punishment, the court must include among the conditions of probation a requirement that the person pay a fine of at least two hundred fifty dollars ($250.00) as authorized by N.C. Gen. Stat. § 15A-1343(b)(9) and a requirement that the person complete at least 25 hours of community service, as authorized by N.C. Gen. Stat. § 15A-1343(b1)(6). If the person has a previous conviction of this offense in the four years immediately preceding the date of the current offense, and the court imposes a sentence that does not include an active punishment, the court must include among the conditions of probation a requirement that the person pay a fine of at least five hundred dollars ($500.00) as authorized by N.C. Gen. Stat. § 15A-1343(b)(9) and a requirement that the person complete at least 150 hours of community service, as authorized by N.C. Gen. Stat. § 15A-1343(b1)(6).
(b) A violation of N.C. Gen. Stat. § 18B-302(c)(2) is a Class 1 misdemeanor. Notwithstanding the provisions of N.C. Gen. Stat. § 15A-1340.23, if the court imposes a sentence that does not include an active punishment, the court must include among the conditions of probation a requirement that the person pay a fine of at least five hundred dollars ($500.00) as authorized by N.C. Gen. Stat. § 15A-1343(b)(9) and a requirement that the person complete at least 25 hours of community service, as authorized by N.C. Gen. Stat. § 15A-1343(b1)(6). If the person has a previous conviction of this offense in the four years immediately preceding the date of the current offense, and the court imposes a sentence that does not include an active punishment, the court must include among the conditions of probation a requirement that the person pay a fine of at least one thousand dollars ($1,000) as authorized by N.C. Gen. Stat. § 15A-1343(b)(9) and a requirement that the person complete at least 150 hours of community service, as authorized by N.C. Gen. Stat. § 15A-1343(b1)(6).
(c) In addition to the punishments imposed under this section, the court may impose the provisions of N.C. Gen. Stat. § 18B-202 and of N.C. Gen. Stat. § 18B-503, 18B-504, and 18B-505. (1999-433, s. 1; 2007-537, s. 2.)