GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2012-38
HOUSE BILL 149
AN ACT to create the criminal offense of terrorism.
Whereas, closed community compounds are located across the United States and near the borders of this State; and
Whereas, these compounds have limited public access and are reputed to be bound together by a common purpose or ideology; and
Whereas, there have been reports of weapons fire and military‑type training occurring at some of these compounds; and
Whereas, a defendant who was convicted of the attempted murder of nine students at the University of North Carolina at Chapel Hill as an act of revenge for enemy casualties of war was not charged under federal domestic terrorism laws; and
Whereas, the current State criminal statutes do not sufficiently recognize the increased danger to the public and do not sanction appropriately acts of terrorism; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 14 of the General Statutes is amended by adding a new Article to read:
"§ 14‑10.1. Terrorism.
(a) As used in this section, the term "act of violence" means a violation of G.S. 14‑17; a felony punishable pursuant to G.S. 14‑18; any felony offense in this Chapter that includes an assault, or use of violence or force against a person; any felony offense that includes either the threat or use of any explosive or incendiary device; or any offense that includes the threat or use of a nuclear, biological, or chemical weapon of mass destruction.
(b) A person is guilty of the separate offense of terrorism if the person commits an act of violence with the intent to do either of the following:
(1) Intimidate the civilian population at large, or an identifiable group of the civilian population.
(2) Influence, through intimidation, the conduct or activities of the government of the United States, a state, or any unit of local government.
(c) A violation of this section is a felony that is one class higher than the offense which is the underlying act of violence, except that a violation is a Class B1 felony if the underlying act of violence is a Class A or Class B1 felony offense. A violation of this section is a separate offense from the underlying offense and shall not merge with other offenses.
(d) All real and personal property of every kind used or intended for use in the course of, derived from, or realized through an offense punishable pursuant to this Article shall be subject to lawful seizure and forfeiture to the State as set forth in G.S. 14‑2.3 and G.S. 14‑7.20. However, the forfeiture of any real or personal property shall be subordinate to any security interest in the property taken by a lender in good faith as collateral for the extension of credit and recorded as provided by law, and no real or personal property shall be forfeited under this section against an owner who made a bona fide purchase of the property, or a person with rightful possession of the property, without knowledge of a violation of this Article."
SECTION 2. G.S. 14‑7.20 reads as rewritten:
"§ 14‑7.20. Continuing criminal enterprise.
Any Except as
otherwise provided in subsection (a1) of this section, any person who
engages in a continuing criminal enterprise shall be punished as a Class H
felon and in addition shall be subject to the forfeiture prescribed in
subsection (b) of this section.
(a1) Any person who engages in a continuing criminal enterprise where the felony violation required by subdivision (c)(1) of this section is a violation of G.S. 14‑10.1 shall be punished as a Class D felon and, in addition, shall be subject to the forfeiture prescribed in subsection (b) of this section.
(b) Any person who is convicted under subsection (a) or (a1) of this section of engaging in a continuing criminal enterprise shall forfeit to the State of North Carolina:
(1) The profits obtained by the person in the enterprise, and
(2) Any of the person's interest in, claim against, or property or contractual rights of any kind affording a source of influence over, such enterprise.
(c) For purposes of this section, a person is engaged in a continuing criminal enterprise if:
(1) The person violates any provision of this Chapter, the punishment of which is a felony; and
(2) The violation is a part of a continuing series of violations of this Chapter:
a. Which are undertaken by the person in concert with five or more other persons with respect to whom the person occupies a position of organizer, a supervisory position, or any other position of management; and
b. From which the person obtains substantial income or resources."
SECTION 3. This act becomes effective December 1, 2012, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 12th day of June, 2012.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Approved 11:30 a.m. this 20th day of June, 2012