NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1251

HOUSE BILL 1297

 

 

AN ACT TO AMEND THE FIRST THREE SECTIONS OF CHAPTER 14 OF THE GENERAL STATUTES RELATING TO DEFINITION AND PUNISHMENT OF FELONIES AND MISDEMEANORS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G. S. 14-1 is hereby rewritten to read as follows:

"§ 14-1.  Felonies and Misdemeanors Defined. A felony is a crime which:

(1)        Was a felony at common law;

(2)        Is or may be punishable by death;

(3)        Is or may be punishable by imprisonment in the State's prison;

or

(4)        Is denominated as a felony by statute.

Any other crime is a misdemeanor."

Sec. 2.  G.S. 14-2 is hereby rewritten to read as follows:

"§ 14-2.  Punishment of Felonies. Every person who shall be convicted of any felony for which no specific punishment is prescribed by statute shall be punishable by fine, by imprisonment for a term not exceeding ten years, or by both, in the discretion of the court."

Sec. 3.  G.S. 14-3 is hereby rewritten to read as follows:

"§ 14-3.  Punishment of Misdemeanors; Infamous Offenses, Offenses Committed in Secrecy and Malice or With Deceit and Intent to Defraud. (a) Except as provided in subsection (b), every person who shall be convicted of any misdemeanor for which no specific punishment is prescribed by statute shall be punishable by fine, by imprisonment for a term not exceeding two years, or by both, in the discretion of the court.

"(b)      If a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in secrecy and malice, or with deceit and intent to defraud, the offender shall, except where the offense is a conspiracy to commit a misdemeanor, be guilty of a felony and punishable as prescribed in § 14-2."

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall become effective on July 1, 1967.

In the General Assembly read three times and ratified, this the 6th day of July, 1967.