North Carolina General Statutes Chapter 15 Criminal Procedure

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...
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 Repealed by Session Laws 1973, c. 1286, s. 26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....
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 Repealed by Session Laws 1969, c. 1013, s. 12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 Repealed by Session Laws 1969, c. 1013, s. 6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 Repealed by Session Laws 1969, c. 1013, s. 12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...
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...
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...
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,...
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...
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...
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 Repealed by Session Laws 1973, c. 1286, s. 26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...
N.C. Gen. Stat. § 15-10.1. Detainer; purpose; manner of use
Any person confined in the State prison system of North Carolina, subject to the authority and control of the Division of Adult Correction of...
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...
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...
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...

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...

Article 3 - Warrants.

N.C. Gen. Stat. § 15-18 through 15-24. Repealed by Session Laws 1973, c. 1286, s. 26
N.C. Gen. Stat. § 15-24.1. Amendment of warrant to show ownership of property
Any criminal warrant may be amended in the superior court, before or during the trial, when there shall appear to be any variance between...

Article 4 - Search Warrants.

N.C. Gen. Stat. § 15-25. Repealed by Session Laws 1973, c. 1286, s. 26
N.C. Gen. Stat. § 15-25.1 through 15-25.2. Repealed by Session Laws 1969, c. 869, s. 8
N.C. Gen. Stat. § 15-26 through 15-27.1. Repealed by Session Laws 1973, c. 1286, s. 26

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...

Article 5 - Peace Warrants.

N.C. Gen. Stat. § 15-28 through 15-38. Repealed by Session Laws 1973, c. 1286, ss. 11, 26

Article 6 - Arrest.

N.C. Gen. Stat. § 15-39 through 15-42. Repealed by Session Laws 1973, c. 1286, s. 26
N.C. Gen. Stat. § 15-43. House broken open to prevent felony
All persons are authorized to break open and enter a house to prevent a felony about to be committed therein. (1868-9, c. 178, subch....
N.C. Gen. Stat. § 15-44 through 15-47. Repealed by Session Laws 1973, c. 1286, s. 26

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 the Governor of any person, whether the name of such person be known or unknown, having committed a...
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 the Governor, that a felony or other infamous crime has been committed...
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...

Article 8 - Extradition.

N.C. Gen. Stat. § 15-55 through 15-84. Transferred to G.S. 15A-721 to 15A-750 by Session Laws 1973, c. 1286, s. 16

Article 9 - Preliminary Examination.

N.C. Gen. Stat. § 15-85 through 15-101. Repealed by Session Laws 1973, c. 1286, s. 26

Article 10 - Bail.

N.C. Gen. Stat. § 15-102 through 15-103. Repealed by Session Laws 1973, c. 1286, s. 26
N.C. Gen. Stat. § 15-103.1. Repealed by Session Laws 1977, c. 711, s. 33
N.C. Gen. Stat. § 15-103.2. Repealed by Session Laws 1975, c. 166, s. 26
N.C. Gen. Stat. § 15-104. Repealed by Session Laws 1973, c. 1286, s. 26
N.C. Gen. Stat. § 15-104.1. Repealed by Session Laws 1975, c. 166, s. 26
N.C. Gen. Stat. § 15-105 through 15-107. Repealed by Session Laws 1973, c. 1286, s. 26
N.C. Gen. Stat. § 15-107.1. Repealed by Session Laws 1975, c. 166, s. 26
N.C. Gen. Stat. § 15-108 through 15-109. Repealed by Session Laws 1973, c. 1286, s. 26

Article 11 - Forfeiture of Bail.

N.C. Gen. Stat. § 15-110 through 15-124. Repealed by Sessions Laws 1977, c. 711, s. 33

Article 12 - Commitment to Prison.

N.C. Gen. Stat. § 15-125. Repealed by Session Laws 1973, c. 1286, s. 26
N.C. Gen. Stat. § 15-126. Commitment to county jail
All persons committed to prison before conviction shall be committed to the jail of the county in which the examination is had, or to...
N.C. Gen. Stat. § 15-127. Repealed by Session Laws 1973, c. 1286, s. 26

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

Article 14 - Presentment.

N.C. Gen. Stat. § 15-137 through 15-139. Repealed by Session Laws 1973, c. 1286, s. 26

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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...

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...
N.C. Gen. Stat. § 15-155.2. District attorney to take action on report of Work First Family Assistance and children born out of wedlock
(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...
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 the district attorney, or any agent or employee of the...

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

N.C. Gen. Stat. § 15-155.4 through 15-155.5. Repealed by Session Laws 1973, c. 1286, s. 26

Article 16 - Trial before Justice.

N.C. Gen. Stat. § 15-156 through 15-158. Repealed by Session Laws 1973, c. 1286, s. 26
N.C. Gen. Stat. § 15-159. Repealed by Session Laws 1977, c. 711, s. 33
N.C. Gen. Stat. § 15-160 through 15-161. Repealed by Session Laws 1973, c. 1286, s. 26

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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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,...
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...
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...

Article 18 - Appeal.

N.C. Gen. Stat. § 15-177 through 15-178. Repealed by Session Laws 1973, c. 1141, s. 17
N.C. Gen. Stat. § 15-179 through 15-186. Repealed by Session Laws 1977, c. 711, s. 33
N.C. Gen. Stat. § 15-186.1. Repealed by Session Laws 1973, c. 44, s. 1

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...
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...
N.C. Gen. Stat. § 15-188.1. Health care professional assistance
(a) Any assistance rendered with an execution under this Article by any licensed health care professional, including, but not limited to, physicians, nurses, and...
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...
N.C. Gen. Stat. § 15-190. Person or persons to be designated by warden to execute sentence; supervision of execution; who shall be present
(a) Some guard or guards or other reliable person or persons to be named and designated by the warden from time to time shall...
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...
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...
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...
N.C. Gen. Stat. § 15-194. Time for execution
(a) 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...
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...
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,...
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...
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...
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...

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 Public Safety; appointment of probation officers; reports; requests for extradition
The Secretary of Public Safety, or the Secretary's designee, shall direct the work of the probation officers appointed under this Article. Notwithstanding any other...
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 Public Safety...
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 Public...
N.C. Gen. Stat. § 15-205.1. Repealed by Session Laws 1977, c. 711, s. 33
N.C. Gen. Stat. § 15-206. Cooperation with Division of Adult Correction of the Department of Public Safety and officials of local units
It is hereby made the duty of every city, county, or State official or department to render all assistance and cooperation within the official's...
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...
N.C. Gen. Stat. § 15-208. Repealed by Session Laws 1975, c. 138
N.C. Gen. Stat. § 15-209. Accommodations for probation offices
(a) The county commissioners in each county in which a probation office exists shall provide, in or near the courthouse, suitable office space for...

Article 21 - Segregation of Youthful Offenders.

N.C. Gen. Stat. § 15-210 through 15-216. Repealed by Session Laws 1967, c. 996, s. 17

Article 22 - Review of Criminal Trials.

N.C. Gen. Stat. § 15-217. Repealed by Session Laws 1977, c. 711, s. 33
N.C. Gen. Stat. § 15-217.1. Recodified as � 15A-1420(b1) by Session Laws 1995 (Regular Session, 1996), c. 719, s. 3
N.C. Gen. Stat. § 15-218 through 15-222. Repealed by Session Laws 1977, c. 711, s. 33

Article 23 - Expunction of Records.

N.C. Gen. Stat. § 15-223 through 15-224. Recodified as �� 15A-145 and 15A-146 by Session Laws 1985, c. 636, s. 1, effective July 5, 1985

Last modified: March 23, 2014