North Carolina § 14-258 - 2. Possession of dangerous weapon in prison.

§ 14-258. 2. Possession of dangerous weapon in prison.

Any person while in the custody of the Section of Prisons of the Division of Adult Correction and Juvenile Justice, or any person under the custody of any local confinement facility as defined in G.S. 153A-217, who shall have in his possession without permission or authorization a weapon capable of inflicting serious bodily injuries or death, or who shall fabricate or create such a weapon from any source, shall be guilty of a Class H felony; and any person who commits any assault with such weapon and thereby inflicts bodily injury or by the use of said weapon effects an escape or rescue from imprisonment shall be punished as a Class F felon. A person is guilty of a Class H felony if he assists a prisoner in the custody of the Section of Prisons of the Division of Adult Correction and Juvenile Justice or of any local confinement facility as defined in G.S. 153A-217 in escaping or attempting to escape and: In the perpetration of the escape or attempted escape he commits an assault with a deadly weapon and inflicts bodily injury; or By the use of a deadly weapon he effects the escape of the prisoner. History (1975, c. 316, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 455, s. 2; 1993, c. 539, s. 1219; 1994, Ex. Sess., c. 24, s. 14(c); 2011-145, s. 19.1(j); 2017-186, ss. 2(ee), 3(a).) Cross References. - For structured sentencing provisions, see G.S. 15A-1340.10 et seq. Editor's Note. - Session Laws 2017-186, s. 3(a), provides: "The Revisor of Statutes shall change any additional references in the General Statutes to the 'Division of Adult Correction' to the 'Division of Adult Correction and Juvenile Justice'." Effect of Amendments. - Session Laws 2011-145, s. 19.1(j), effective January 1, 2012, substituted "Section of Prisons of the Division of Adult Correction" for "Division of Prisons." Session Laws 2017-186, s. 2(ee), effective December 1, 2017, inserted "and Juvenile Justice" in the introductory language of subsection (b).