North Carolina § 14-33 - Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.

§ 14-33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.

Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor. Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class 1 misdemeanor if, in the course of the assault, assault and battery, or affray, he: through (3) Repealed by Session Laws 1995, c. 507, s. 19.5(b); Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she: Inflicts serious injury upon another person or uses a deadly weapon; Assaults a female, he being a male person at least 18 years of age; Assaults a child under the age of 12 years; Assaults an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties; Repealed by Session Laws 1999-105, s. 1, effective December 1, 1999; or Assaults a school employee or school volunteer when the employee or volunteer is discharging or attempting to discharge his or her duties as an employee or volunteer, or assaults a school employee or school volunteer as a result of the discharge or attempt to discharge that individual's duties as a school employee or school volunteer. For purposes of this subdivision, the following definitions shall apply: "Duties" means: All activities on school property; All activities, wherever occurring, during a school authorized event or the accompanying of students to or from that event; and All activities relating to the operation of school transportation. "Employee" or "volunteer" means: An employee of a local board of education; or a charter school authorized under G.S. 115C-218.5, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes; An independent contractor or an employee of an independent contractor of a local board of education, charter school authorized under G.S. 115C-218.5, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes, if the independent contractor carries out duties customarily performed by employees of the school; and An adult who volunteers his or her services or presence at any school activity and is under the supervision of an individual listed in sub-sub-subdivision 1. or 2. of this sub-subdivision. Assaults a public transit operator, including a public employee or a private contractor employed as a public transit operator, when the operator is discharging or attempting to discharge his or her duties. Assaults a company police officer certified pursuant to the provisions of Chapter 74E of the General Statutes or a campus police officer certified pursuant to the provisions of Chapter 74G, Article 1 of Chapter 17C, or Chapter 116 of the General Statutes in the performance of that person's duties. Assaults a transportation network company (TNC) driver providing a transportation network company (TNC) service. For the purposes of this subdivision, the definitions for "TNC driver" and "TNC service" as defined in G.S. 20-280.1 shall apply. No school personnel as defined in G.S. 14-33(c)(6) who takes reasonable actions in good faith to end a fight or altercation between students shall incur any civil or criminal liability as the result of those actions. Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person, or uses a deadly weapon, in violation of subdivision (c)(1) of this section, on a person with whom the person has a personal relationship, and in the presence of a minor, is guilty of a Class A1 misdemeanor. A person convicted under this subsection, who is sentenced to a community punishment, shall be placed on supervised probation in addition to any other punishment imposed by the court. "Personal relationship" is as defined in G.S. 50B-1(b). "In the presence of a minor" means that the minor was in a position to see or hear the assault. "Minor" is any person under the age of 18 years who is residing with or is under the care and supervision of, and who has a personal relationship with, the person assaulted or the person committing the assault. (4) through (7) Repealed by Session Laws 1991, c. 525, s. 1; (8) Repealed by Session Laws 1995, c. 507, s. 19.5(b); (9) Commits an assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sports event, or immediately after the sports event at which the sports official discharged official duties. A "sports official" is a person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. A "sports event" includes any interscholastic or intramural athletic activity in a primary, middle, junior high, or high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, any athletic activity that is a professional or semiprofessional event, and any other organized athletic activity in the State. A person committing a second or subsequent violation of this subsection shall be sentenced to an active punishment of no less than 30 days in addition to any other punishment imposed by the court. The following definitions apply to this subsection: History (1870-1, c. 43, s. 2; 1873-4, c. 176, s. 6; 1879, c. 92, ss. 2, 6; Code, s. 987; Rev., s. 3620, 1911, c. 193; C.S., s. 4215; 1933, c. 189; 1949, c. 298; 1969, c. 618, s. 1; 1971, c. 765, s. 2; 1973, c. 229, s. 4; c. 1413; 1979, cc. 524, 656; 1981, c. 180; 1983, c. 175, ss. 6, 10; c. 720, s. 4; 1985, c. 321; 1991, c. 525, s. 1; 1993, c. 286, s. 1; c. 539, s. 16; 1994, Ex. Sess., c. 14, s. 3; c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 687, s. 1; 1995, c. 352, s. 1; 1995, c. 507, s. 19.5(b); 1999-105, s. 1; 2003-409, s. 1; 2004-26, s. 1; 2004-199, s. 7; 2005-231, s. 6.2; 2012-149, s. 1; 2014-101, s. 7; 2015-62, s. 4(b); 2019-194, s. 3.5(a).) Editor's Note. - "Article 1 of Chapter 17C " has been substituted for "Chapter 17C" in this section at the direction of the Revisor of Statutes. Session Laws 2012-149 provides in its preamble: "Whereas, the General Assembly of North Carolina finds that a safe and civil environment in school is necessary in order for students to learn and achieve high academic standards; and "Whereas, bullying and harassment, like other disruptive or violent behaviors, disrupt both a student's ability to learn and a school's ability to educate its students in a safe environment; and "Whereas, bullying and harassing behaviors create a climate that fosters violence in our schools; and "Whereas, it is essential to enact a law that seeks to protect the health and welfare of North Carolina students and improve the learning environment for North Carolina students; and "Whereas, to do so, State and national data and anecdotal evidence have established the need to identify the most vulnerable targets and potential victims of bullying and harassment; and "Whereas, the sole purpose of this law is to protect all children from bullying and harassment, and no other legislative purpose is intended nor should any other intent be construed from passage of this law; Now, therefore," Session Laws 2014-101, s. 8 provided in part that the amendment of this section by Session Laws 2014-101, s. 7, which substituted "G.S. 115C-218.5" for "G.S. 115C-283.29D" throughout subdivision (c)(6), was applicable beginning with the 2014-2015 school year. Session Laws 2015-62, s. 4(d), made the amendment to subsection (d) of this section by Session Laws 2015-62, s. 4(b), which substituted "see or hear" for "have observed" near the end of subdivision (d)(2), applicable to offenses committed on or after December 1, 2015. Session Laws 2019-194, s. 1, provides: "This act shall be known as the 'Passenger Protection Act' and may be cited by that name." Session Laws 2019-194, s. 3.5(b), made subdivision (c)(9), as added by Session Laws 2019-194, s. 3.5(a), effective December 1, 2019, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2004-26, s. 1, effective December 1, 2004, and applicable to offenses committed on or after that date, added subdivision (c)(7). Session Laws 2004-199, s. 7, effective August 17, 2004, inserted "is guilty of a Class A1 misdemeanor. A person convicted under this subsection, who is sentenced to a community punishment" in the first paragraph of subsection (d). Session Laws, 2005-231, s. 6.2, effective July 28, 2005, added subdivision (c)(8). Session Laws 2012-149, s. 1, effective July 12, 2012, added subsection (c1). Session Laws 2014-101, s. 7, effective August 6, 2014, substituted "G.S. 115C-218.5" for "G.S. 115C-283.29D" throughout subdivision (c)(6). See Editor's note for applicability. Session Laws 2015-62, s. 4(b), effective December 1, 2015, substituted "see or hear" for "have observed" near the end of subdivision (d)(2). For applicability, see editor's note. Session Laws 2019-194, s. 3.5(a), added subdivision (c)(9). For effective date and applicability, see editor's note. Legal Periodicals. - For note as to the "show of violence" rule in North Carolina relative to an assault on a female, see 36 N.C.L. Rev. 198 (1958). As to credit for time served under a vacated judgment upon retrial and second conviction, see 44 N.C.L. Rev. 458 (1966). For survey of 1979 constitutional law, see 58 N.C.L. Rev. 1326 (1980). For survey of 1979 criminal law, see 58 N.C.L. Rev. 1350 (1980). For survey of 1982 law relating to criminal law, see 61 N.C.L. Rev. 1060 (1983). For article, "Culpability, Dangerousness, and Harm: Balancing the Factors on Which Our Criminal Law Is Predicated," see 66 N.C.L. Rev. 283 (1988).