North Carolina § 14-258 - 4. Malicious conduct by prisoner.

§ 14-258. 4. Malicious conduct by prisoner.

Any prisoner who knowingly and willfully throws, emits, or causes to be used as a projectile, any bodily fluids, excrement, or unknown substance at an employee, while the employee is in the performance of the employee's duties, is guilty of a Class F felony. Any prisoner who knowingly and willfully exposes genitalia to an employee while the employee is in the performance of the employee's duties is guilty of a Class I felony. The provisions of this section apply to violations committed inside or outside of the prison, jail, detention center, or other confinement facility. Sentences imposed under this Article shall run consecutively to and shall commence at the expiration of any sentence being served by the person sentenced under this section. History (2001-360, s. 1; 2011-145, ss. 19.1(h), ( l ); 2017-186, s. 2(gg); 2018-67, s. 2.) Editor's Note. - As enacted, this section contained a subsection (a) but no (b). This section has been set out in the form above at the direction of the Revisor of Statutes. Session Laws 2018-67, s. 5, made the rewriting of this section by Session Laws 2018-67, s. 2, effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2011-145, s. 19.1(h) and ( l ), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" and "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention." Session Laws 2017-186, s. 2(gg), effective December 1, 2017, in the first sentence of subsection (a), inserted "and Juvenile Justice" and substituted "including the Juvenile Justice Section of the Division of Adult Correction and" for "the Division of". Session Laws 2018-67, s. 2, rewrote the section. For effective date and applicability, see editor's note.