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Preamble

Art. I - Legislative

Art. II - Executive

Art. III - Judicial

Art. IV - States' Relations

Art. V - Mode of Amendment

Art. VI - Prior Debts

Art VII - Ratification

North Carolina General Statutes Chapter 15 Criminal Procedure

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Article 1 - General Provisions.

  • N.C. Gen. Stat. § 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),...
  • N.C. Gen. Stat. § 15-2 through 15-3.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 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,...
  • N.C. Gen. Stat. § 15-4.1 through 15-5.1.   Repealed by Session Laws 1969, c. 1013, s. 12
  • N.C. Gen. Stat. § 15-5.2.   Repealed by Session Laws 1969, c. 1013, s. 6
  • N.C. Gen. Stat. § 15-5.3 through 15-5.4.   Repealed by Session Laws 1969, c. 1013, s. 12
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-9.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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.

  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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.

  • N.C. Gen. Stat. § 15-27.2.   Warrants to conduct inspections authorized by law
    (a) Notwithstanding the provisions of Article 11 of Chapter 15A, any official or employee of the State or of a unit of county or local...

Article 5 - Peace Warrants.

Article 6 - Arrest.

Article 7 - Fugitives from Justice.

  • N.C. Gen. Stat. § 15-48.   Repealed by Session Laws 1997-80, s. 10
  • N.C. Gen. Stat. § 15-49.   Repealed by Session Laws 1975, c. 166, s. 26
  • N.C. Gen. Stat. § 15-50 through 15-52.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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.

Article 11 - Forfeiture of Bail.

Article 12 - Commitment to Prison.

Article 13 - Venue.

  • N.C. Gen. Stat. § 15-128.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-134 through 15-136.   Repealed by Session Laws 1973, c. 1286, s. 26

Article 14 - Presentment.

Article 15 - Indictment.

  • N.C. Gen. Stat. § 15-140 through 15-143.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-147.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-152.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-154.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 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.

  • N.C. Gen. Stat. § 15-155.1.   Reports to district attorneys of Work First Family Assistance and out-of-wedlock births
    The Department of Health and Human Services by and through the Secretary of Health and Human Services shall promptly after June 19, 1959, make a...
  • N.C. Gen. Stat. § 15-155.2.   District attorney to take action on report of aid to dependent child [Work First Family Assistance] or illegitimate [out-of-wedlock] birth
    (a) Upon receipt of such reports as are provided for in G.S. 15‑155.1, the district attorney of superior court may make an investigation to determine...
  • N.C. Gen. Stat. § 15-155.3.   Disclosure of information by district attorney or agent
    No such district attorney, assistant district attorney, or any attorney‑at‑law especially appointed to assist said district attorney, or any agent or employee of such district...

Article 15B - Pretrial Examination of Witnesses and Exhibits of the State.

Article 16 - Trial before Justice.

Article 17 - Trial in Superior Court.

  • N.C. Gen. Stat. § 15-162.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 15-162.1.   Repealed by Session Laws 1971, c. 1225
  • N.C. Gen. Stat. § 15-163 through 15-165.   Repealed by Session Laws 1967, c. 218, s. 4
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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,...
  • N.C. Gen. Stat. § 15-171.   Repealed by Session Laws 1953, c. 100
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-173.1 through 15-174.   Repealed by Session Laws 1977, c. 711, s. 33
  • N.C. Gen. Stat. § 15-175.   Repealed by Session Laws 1973, c. 1286, s. 26
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-176.2.   Repealed by Session Laws 1973, c. 44, s. 1

Article 17A - Informing Jury in Case Involving Death Penalty.

  • N.C. Gen. Stat. § 15-176.3.   Informing and questioning potential jurors on consequences of guilty verdict
    When a jury is being selected for a case in which the defendant is indicted for a crime for which the penalty is a sentence...
  • N.C. Gen. Stat. § 15-176.4.   Instruction to jury on consequences of guilty verdict
    When a defendant is indicted for a crime for which the penalty is a sentence of death, the court, upon request by either party, shall...
  • N.C. Gen. Stat. § 15-176.5.   Argument to jury on consequences of guilty verdict
    When a case will be submitted to a jury on a charge for which the penalty is a sentence of death, either party in its...
  • N.C. Gen. Stat. § 15-176.6 through 15-176.8.   Reserved for future codification purposes

Article 17B - Informing Jury of Possible Punishment upon Conviction.

  • N.C. Gen. Stat. § 15-176.9.   Loss of motor vehicle driver's license
    When a case will be submitted to a jury on a charge for which the penalty involves the possibility of the loss of a motor...

Article 18 - Appeal.

Article 19 - Execution.

  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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.

  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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.

  • N.C. Gen. Stat. § 15-197 through 15-200.1.   Repealed by Session Laws 1977, c. 711, s. 33
  • N.C. Gen. Stat. § 15-200.2.   Repealed by Session Laws 1975, c. 309, s. 2
  • N.C. Gen. Stat. § 15-201 through 15-202.   Repealed by Session Laws 1973, c. 1262, s. 10
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-203.1.   Repealed by Session Laws 1963, c. 914, s. 6
  • N.C. Gen. Stat. § 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....
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-205.1.   Repealed by Session Laws 1977, c. 711, s. 33
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 15-208.   Repealed by Session Laws 1975, c. 138
  • N.C. Gen. Stat. § 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.

Last modified: August 6, 2008


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