Chapter 15 Criminal Procedure
Article 1 - General Provisions.
- § 15-1 Statute of limitations for misdemeanors
The crimes of deceit and malicious mischief, and the crime of petit larceny where the value of the property does not exceed five dollars ($5.00),...
- § 15-2 through 15-3 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-4 Accused entitled to counsel
Every person, accused of any crime whatsoever, shall be entitled to counsel in all matters which may be necessary for his defense. (1777, c. 115,...
- § 15-4.1 through 15-5.1 Repealed by Session Laws 1969, c. 1013, s. 12
- § 15-5.2 Repealed by Session Laws 1969, c. 1013, s. 6
- § 15-5.3 through 15-5.4 Repealed by Session Laws 1969, c. 1013, s. 12
- § 15-6 Imprisonment to be in county jail
No person shall be imprisoned except in the common jail of the county, unless otherwise provided by law: Provided, that whenever the sheriff of any...
- § 15-6.1 Changing place of confinement of prisoner committing offense
In all cases where a defendant has been convicted in a court inferior to the superior court and sentenced to a term in the county...
- § 15-6.2 Concurrent sentences for offenses of different grades or to be served in different places
When by a judgment of a court or by operation of law a prison sentence runs concurrently with any other sentence a prisoner shall not...
- § 15-6.3 Credit for service of sentence while in another jurisdiction
When a person in actual confinement under sentence of another jurisdiction is brought for trial before a court of this State, the court may, upon...
- § 15-7 Postmortem examinations directed
In all cases of homicide, any officer prosecuting for the State may, at any time, direct a postmortem examination of the deceased to be made...
- § 15-8 Stolen property returned to owner
Upon the conviction of any person for robbing or stealing any money, goods, chattels, or other estate of any description whatever, the person from whom...
- § 15-9 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-10 Speedy trial or discharge on commitment for felony
When any person who has been committed for treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer in open...
- § 15-10.1 Detainer; purpose; manner of use
Any person confined in the State prison of North Carolina, subject to the authority and control of the State Department of Correction, or any person...
- § 15-10.2 Mandatory disposition of detainers – request for final disposition of charges; continuance; information to be furnished prisoner
(a) Any prisoner serving a sentence or sentences within the State prison system who, during his term of imprisonment, shall have lodged against him a...
- § 15-10.3 Mandatory disposition of detainers – procedure; return of prisoner after trial
The district attorney, upon receipt of the written notice and request for a final disposition as hereinbefore specified, shall make application to the court in...
- § 15-10.4 Mandatory disposition of detainers – exception as to prisoners who are mentally ill
The provisions of G.S. 15‑10.2 and 15‑10.3 shall not apply to any prisoner who has been transferred and assigned for observation or treatment to any...
Article 2 - Record and Disposition of Seized, etc., Articles.
- § 15-11 Sheriffs and police departments to maintain register of personal property confiscated, seized or found
Each sheriff and police department in this State is hereby required to keep and maintain a book or register, and it shall be the duty...
- § 15-11.1 Seizure, custody and disposition of articles; exceptions
(a) If a law‑enforcement officer seizes property pursuant to lawful authority, he shall safely keep the property under the direction of the court or magistrate...
- § 15-11.2 Disposition of unclaimed firearms not confiscated or seized as trial evidence
(a) Definition. For purposes of this section, the term "unclaimed firearm" means a firearm that is found or received by a law enforcement agency and...
- § 15-12 Publication of notice of unclaimed property; advertisement and sale or donation of unclaimed bicycles
(a) Unless otherwise provided herein, whenever such articles in the possession of any sheriff or police department have remained unclaimed by the person who may...
- § 15-13 Public sale 30 days after publication of notice
If said articles shall remain unclaimed or satisfactory evidence of ownership thereof not be presented to the sheriff or police department, as the case may...
- § 15-14 Notice of sale
Before any sale of said property is made under the provisions of this Article, however, the said sheriff or police department making the same shall...
- § 15-14.1 Sale of property through electronic auction
In addition to selling property as authorized in G.S. 15‑13, a sheriff or police department may sell property in his or its possession through an...
- § 15-15 Disbursement of proceeds of sale
From the proceeds realized from the sale of said property, the sheriff, police department or other officer making the same shall first pay the costs...
- § 15-16 Nonliability of officers
No sheriff, police department, or other officer shall be liable for any damages or claims on account of any such sale or disposition of such...
- § 15-17 Construction of Article
This Article shall not be construed to apply to the seizure and disposition of whiskey distilleries, game birds, and other property or articles which have...
Article 3 - Warrants.
Article 4 - Search Warrants.
Article 4A - Administrative Search and Inspection Warrants.
Article 5 - Peace Warrants.
Article 6 - Arrest.
Article 7 - Fugitives from Justice.
- § 15-48 Repealed by Session Laws 1997-80, s. 10
- § 15-49 Repealed by Session Laws 1975, c. 166, s. 26
- § 15-50 through 15-52 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-53 Governor may employ agents, and offer rewards
The Governor, on information made to him of any person, whether the name of such person be known or unknown, having committed a felony or...
- § 15-53.1 Governor may offer rewards for information leading to arrest and conviction
When it shall appear to the Governor, upon satisfactory information furnished to him, that a felony or other infamous crime has been committed within the...
- § 15-54 Officer entitled to reward
Any sheriff or other officer who shall make an arrest of any person charged with crime for whose apprehension a reward has been offered is...
Article 8 - Extradition.
Article 9 - Preliminary Examination.
Article 10 - Bail.
- § 15-102 through 15-103 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-103.1 Repealed by Session Laws 1977, c. 711, s. 33
- § 15-103.2 Repealed by Session Laws 1975, c. 166, s. 26
- § 15-104 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-104.1 Repealed by Session Laws 1975, c. 166, s. 26
- § 15-105 through 15-107 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-107.1 Repealed by Session Laws 1975, c. 166, s. 26
- § 15-108 through 15-109 Repealed by Session Laws 1973, c. 1286, s. 26
Article 11 - Forfeiture of Bail.
Article 12 - Commitment to Prison.
Article 13 - Venue.
- § 15-128 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-129 In offenses on waters dividing counties
When any offense is committed on any water, or watercourse whether at high or low water, which water or watercourse, or the sides or shores...
- § 15-130 Assault in one county, death in another
In all cases of felonious homicide when the assault has been made in one county within the State, and the person assaulted dies in any...
- § 15-131 Assault in this State, death in another
In all cases of felonious homicide, when the assault has been made within this State, and the person assaulted dies without the limits thereof, the...
- § 15-132 Person in this State injuring one in another
If any person, being in this State, unlawfully and willfully puts in motion a force from the effect of which any person is injured while...
- § 15-133 In county where death occurs
If a mortal wound is given or other violence or injury inflicted or poison is administered on the high seas or land, either within or...
- § 15-134 through 15-136 Repealed by Session Laws 1973, c. 1286, s. 26
Article 14 - Presentment.
Article 15 - Indictment.
- § 15-140 through 15-143 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-144 Essentials of bill for homicide
In indictments for murder and manslaughter, it is not necessary to allege matter not required to be proved on the trial; but in the body...
- § 15-144.1 Essentials of bill for rape
(a) In indictments for rape it is not necessary to allege every matter required to be proved on the trial; but in the body of...
- § 15-144.2 Essentials of bill for sex offense
(a) In indictments for sex offense it is not necessary to allege every matter required to be proved on the trial; but in the body...
- § 15-145 Form of bill for perjury
In every indictment for willful and corrupt perjury it is sufficient to set forth the substance of the offense charged upon the defendant, and by...
- § 15-146 Bill for subornation of perjury
In every indictment for subornation of perjury, or for corrupt bargaining or contracting with others to commit willful and corrupt perjury, it is sufficient to...
- § 15-147 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-148 Manner of alleging joint ownership of property
In any indictment wherein it is necessary to state the ownership of any property whatsoever, whether real or personal, which belongs to, or is in...
- § 15-149 Description in bill for larceny of money
In every indictment in which it is necessary to make any averment as to the larceny of any money, or United States treasury note, or...
- § 15-150 Description in bill for embezzlement
In indictments for embezzlement, except when the offense relates to a chattel, it is sufficient to allege the embezzlement to be of money, without specifying...
- § 15-151 Intent to defraud; larceny and receiving
In any case where an intent to defraud is required to constitute the offense of forgery, or any other offense whatever, it is sufficient to...
- § 15-152 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-153 Bill or warrant not quashed for informality
Every criminal proceeding by warrant, indictment, information, or impeachment is sufficient in form for all intents and purposes if it express the charge against the...
- § 15-154 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-155 Defects which do not vitiate
No judgment upon any indictment for felony or misdemeanor, whether after verdict, or by confession, or otherwise, shall be stayed or reversed for the want...
Article 15A - Investigation of Offenses Involving Abandonment and Nonsupport of Children.
Article 15B - Pretrial Examination of Witnesses and Exhibits of the State.
Article 16 - Trial before Justice.
Article 17 - Trial in Superior Court.
- § 15-162 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-162.1 Repealed by Session Laws 1971, c. 1225
- § 15-163 through 15-165 Repealed by Session Laws 1967, c. 218, s. 4
- § 15-166 Exclusion of bystanders in trial for rape and sex offenses
In the trial of cases for rape or sex offense or attempt to commit rape or attempt to commit a sex offense, the trial judge...
- § 15-167 Extension of session of court by trial judge
Whenever a trial for a felony is in progress on the last Friday of any session of court and it appears to the trial judge...
- § 15-168 Justification as defense to libel
Every defendant who is charged by indictment with the publication of a libel may prove on the trial for the same the truth of the...
- § 15-169 Conviction of assault, when included in charge
On the trial of any person for any felony whatsoever, when the crime charged includes an assault against the person, it is lawful for the...
- § 15-170 Conviction for a less degree or an attempt
Upon the trial of any indictment the prisoner may be convicted of the crime charged therein or of a less degree of the same crime,...
- § 15-171 Repealed by Session Laws 1953, c. 100
- § 15-172 Verdict for murder in first or second degree
Nothing contained in the statute law dividing murder into degrees shall be construed to require any alteration or modification of the existing form of indictment...
- § 15-173 Demurrer to the evidence
When on the trial of any criminal action in the superior or district court, the State has introduced its evidence and rested its case, the...
- § 15-173.1 through 15-174 Repealed by Session Laws 1977, c. 711, s. 33
- § 15-175 Repealed by Session Laws 1973, c. 1286, s. 26
- § 15-176 Prisoner not to be tried in prison uniform
It shall be unlawful for any sheriff, jailer or other officer to require any person imprisoned in jail to appear in any court for trial...
- § 15-176.1 District attorney may argue for death penalty
In the trial of capital cases, the district attorney or other counsel appearing for the State may argue to the jury that a sentence of...
- § 15-176.2 Repealed by Session Laws 1973, c. 44, s. 1
Article 17A - Informing Jury in Case Involving Death Penalty.
Article 17B - Informing Jury of Possible Punishment upon Conviction.
Article 18 - Appeal.
Article 19 - Execution.
- § 15-187 Death by administration of lethal drugs
Death by electrocution under sentence of law and death by the administration of lethal gas under sentence of law are abolished. Any person convicted of...
- § 15-188 Manner and place of execution
In accordance with G.S. 15‑187, the mode of executing a death sentence must in every case be by administering to the convict or felon a...
- § 15-189 Sentence of death; prisoner taken to penitentiary
Upon the sentence of death being pronounced against any person in the State of North Carolina convicted of a crime punishable by death, it shall...
- § 15-190 Person or persons to be designated by warden to execute sentence; supervision of execution; who shall be present
Some guard or guards or other reliable person or persons to be named and designated by the warden from time to time shall cause the...
- § 15-191 Pending sentences unaffected
Nothing in G.S. 15‑187, 15‑188, and 15‑190 shall be construed to alter in any manner the execution of the sentence of death imposed on account...
- § 15-192 Certificate filed with clerk
The warden, together with the surgeon or physician of the penitentiary, shall certify the fact of the execution of the condemned person, convict or felon...
- § 15-193 Notice of reprieve or new trial
Should the condemned person, convict or felon be granted a reprieve by the Governor or obtain a writ of error, or a new trial be...
- § 15-194 Time for execution
In sentencing a capital defendant to a death sentence pursuant to G.S. 15A‑2000(b), the sentencing judge need not specify the date and time the execution...
- § 15-195 Prisoner taken to place of trial when new trial granted
Should a new trial be granted the condemned person, convict or felon against whom sentence of death has been pronounced, after he has been conveyed...
- § 15-196 Repealed by Session Laws 1989, c. 353, s. 3
Article 19A - Credits against the Service of Sentences and for Attainment of Prison Privileges.
- § 15-196.1 Credits allowed
The minimum and maximum term of a sentence shall be credited with and diminished by the total amount of time a defendant has spent, committed...
- § 15-196.2 Allowance in cases of multiple sentences
In the event time creditable under this section shall have been spent in custody as the result of more than one pending charge, resulting in...
- § 15-196.3 Effect of credit
Time creditable under this section shall reduce the minimum and maximum term of a sentence; and, irrespective of sentence, shall reduce the time required to...
- § 15-196.4 Procedures for judicial award
Upon sentencing or activating a sentence, the judge presiding shall determine the credits to which the defendant is entitled and shall cause the clerk to...
Article 20 - Suspension of Sentence and Probation.
- § 15-197 through 15-200.1 Repealed by Session Laws 1977, c. 711, s. 33
- § 15-200.2 Repealed by Session Laws 1975, c. 309, s. 2
- § 15-201 through 15-202 Repealed by Session Laws 1973, c. 1262, s. 10
- § 15-203 Duties of the Secretary of Correction; appointment of probation officers; reports; requests for extradition
The Secretary of Correction shall direct the work of the probation officers appointed under this Article. He shall consult and cooperate with the courts and...
- § 15-203.1 Repealed by Session Laws 1963, c. 914, s. 6
- § 15-204 Assignment, compensation and oath of probation officers
Probation officers appointed under this Article shall be assigned to serve in such courts or districts or otherwise as the Secretary of Correction may determine....
- § 15-205 Duties and powers of the probation officers
A probation officer shall investigate all cases referred to him for investigation by the judges of the courts or by the Secretary of Correction. Such...
- § 15-205.1 Repealed by Session Laws 1977, c. 711, s. 33
- § 15-206 Cooperation with Department of Correction and officials of local units
It shall be the duty of the Secretary of Correction and the Department of Correction to cooperate with each other to the end that the...
- § 15-207 Records treated as privileged information
All information and data obtained in the discharge of official duty by any probation officer shall be privileged information, shall not be receivable as evidence...
- § 15-208 Repealed by Session Laws 1975, c. 138
- § 15-209 Accommodations for probation officers
The county commissioners in each county in which a probation officer serves shall provide, in or near the courthouse, suitable office space for such officer....
Article 21 - Segregation of Youthful Offenders.
Article 22 - Review of Criminal Trials.
Article 23 - Expunction of Records.
