GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

 

 

SESSION LAW 2005-461

SENATE BILL 486

 

 

AN ACT to increase the penalty for discharging certain weapons into occupied property in certain circumstances.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 14-34.1 reads as rewritten:

"§ 14-34.1.  Discharging certain barreled weapons or a firearm into occupied property.

(a)       Any person who willfully or wantonly discharges or attempts to discharge:

(1)       Any discharge any firearm or barreled weapon capable of discharging shot, bullets, pellets, or other missiles at a muzzle velocity of at least 600 feet per second; or

(2)       A firearm

second into any building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment, erection, or enclosure while it is occupied is guilty of a Class E felony.

(b)       A person who willfully or wantonly discharges a weapon described in subsection (a) of this section into an occupied dwelling or into any occupied vehicle, aircraft, watercraft, or other conveyance that is in operation is guilty of a Class D felony.

(c)       If a person violates this section and the violation results in serious bodily injury to any person, the person is guilty of a Class C felony."

SECTION 2.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 23rd day of August, 2005.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 4:51 p.m. this 2nd day of October, 2005