North Carolina § 14-7 - 1. Persons defined as habitual felons.

§ 14-7. 1. Persons defined as habitual felons.

Any person who has been convicted of or pled guilty to three felony offenses in any federal court or state court in the United States or combination thereof is declared to be an habitual felon and may be charged as a status offender pursuant to this Article. For the purpose of this Article, a felony offense is defined to include all of the following: An offense that is a felony under the laws of this State. An offense that is a felony under the laws of another state or sovereign that is substantially similar to an offense that is a felony in North Carolina, and to which a plea of guilty was entered, or a conviction was returned regardless of the sentence actually imposed. An offense that is a crime under the laws of another state or sovereign that does not classify any crimes as felonies if all of the following apply: The offense is substantially similar to an offense that is a felony in North Carolina. The offense may be punishable by imprisonment for more than a year in state prison. A plea of guilty was entered or a conviction was returned regardless of the sentence actually imposed. An offense that is a felony under federal law. Provided, however, that federal offenses relating to the manufacture, possession, sale and kindred offenses involving intoxicating liquors shall not be considered felonies for the purposes of this Article. For the purposes of this Article, felonies committed before a person attains the age of 18 years shall not constitute more than one felony. The commission of a second felony shall not fall within the purview of this Article unless it is committed after the conviction of or plea of guilty to the first felony. The commission of a third felony shall not fall within the purview of this Article unless it is committed after the conviction of or plea of guilty to the second felony. Pleas of guilty to or convictions of felony offenses prior to July 6, 1967, shall not be felony offenses within the meaning of this Article. Any felony offense to which a pardon has been extended shall not for the purpose of this Article constitute a felony. The burden of proving such pardon shall rest with the defendant and the State shall not be required to disprove a pardon. History (1967, c. 1241, s. 1; 1971, c. 1231, s. 1; 1979, c. 760, s. 4; 1981, c. 179, s. 10; 2011-192, s. 3(b); 2017-176, s. 2(a).) Editor's Note. - Session Laws 2011-192, s. 3(e), provides: "This section becomes effective December 1, 2011, and applies to any offense that occurs on or after that date and that is the principal felony offense for a charge of either the status offenses of habitual breaking and entering or habitual felon. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2011-192, s. 9, provides: "This act shall be known as 'The Justice Reinvestment Act of 2011'." Session Laws 2017-176, s. 2(c), made the rewriting of subsection (b) of this section by Session Laws 2017-176, s. 2(a), effective December 1, 2017, and applicable to any offense committed on or after that date and that is the principal felony offense for a charge of a status offense of habitual felon. Additionally, prosecutions for offenses committed before the effective date of this section are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions. Effect of Amendments. - Session Laws 2011-192, s. 3(b), effective December 1, 2011, added "and may be charged as a status offender pursuant to this Article" in the first sentence. For applicability, see Editor's note. Session Laws 2017-176, s. 2(a), added the subsection and subdivision designations; rewrote subsection (b), which read: "For the purpose of this Article, a felony offense is defined as an offense which is a felony under the laws of the State or other sovereign wherein a plea of guilty was entered or a conviction was returned regardless of the sentence actually imposed. Provided, however, that federal offenses relating to the manufacture, possession, sale and kindred offenses involving intoxicating liquors shall not be considered felonies for the purposes of this Article." For effective date and applicability, see editor's note. Legal Periodicals. - For survey of 1977 criminal law, see 56 N.C.L. Rev. 965 (1978). For note, "The Treatment of Foreign Country Convictions As Predicates for Sentence Enhancement Under Recidivist Statutes," see 44 Duke L.J. 134. For article, "Once, Twice, Four Times a Felon: North Carolina's Unconstitutional Recidivist Statutes," see 24 Campbell L. Rev. 115 (2001). For note, "United States v. Bryant, Federal Habitual Offender Laws, and the Rights of Defendants in Tribal Courts: A Better Solution to Domestic Violence Exists," see 39 Campbell L. Rev. 205 (2017).