Home > Legal Topics > Criminal Statutes

Updated: 7/01/2006

Criminal Statutes

State criminal statutes are listed in Chapter 14 of the North Carolina General Statutes. In addition, there are federal criminal laws and state "common law" crimes based on court decisions. A comprehensive list of criminal law would be too voluminous for this web page. Listed below are some of the state criminal laws that may be especially relevant to students, staff, and faculty in the university environment.

  1. Authority for Campus Police


  2. Employee Misconduct
    3. 1. Misuse of confidential information 2. Misuse of State property
    3. Self-dealing/conflicts of interest 4. State-owned vehicles
  3. Property Crimes
    4. 1. Damaging computers 2. Defacing/damaging buildings
    3. Posting ads on campus 4. Theft or damage at libraries
    5. Trespass 6. Molesting fire alarms
    7. Littering

  4. Alcohol and Drug Laws:
    5. 1. University rules – criminal law 2. Intoxicated & disruptive conduct
    3. Public consumption 4. Selling on university property
    5. Underage possession 6. Unlawful drugs

  5. Other Crimes
    6. 1. Unauthorized computer access 2. Academic fraud
    3. Disorderly conduct 4. False alarms
    5. Falsifying education documents 6. Hazing
    7. Obscenity 8. Raffles
    9. Reselling tickets 10. Riots
    11. Threats and stalking 12. Throwing items at events
    13. Weapons  

  6. Additional Information
  1. AUTHORITY FOR CAMPUS POLICE

    2. Under North Carolina law, G.S. 116-40.5, the Board of Trustees may employ campus police who have the same powers as city police or sheriffs. The campus police have jurisdiction on all property owned or leased by the university. They additionally have authority to pursue and arrest an individual off campus when the suspect has committed a crime on campus and flees. G.S. 15A-402 (f). NC State Public Safety officers may also provide law enforcement in Raleigh pursuant to a mutual aid agreement with the City.

  2. EMPLOYEE MISCONDUCT
    1. Misuse of confidential information: Under G.S. 14-234.1, a state employee may not benefit financially, or help someone else benefit, from non-public information gained in his/her official capacity.
    2. Misuse of State property: G.S. 14-91 makes it a felony for a state employee who has been entrusted with State property to knowingly and willfully embezzle, convert, or misapply that property, or otherwise abuse the trust.

      Any university employee that has information about the misuse of State property (including theft, embezzlement, arson, damage, or other misuse resulting in a loss), or knows of an individual using State property in a way that jeopardizes human life, should notify N.C. State’s General Counsel at 515-3071. The General Counsel will notify the State Bureau of Investigation pursuant to G.S. 114-15.1 when appropriate. The General Counsel may also notify the NC State Department of Public Safety and the Division of Internal Audit.

      Additional references: Chancellor's Memorandum on Reporting the Misuse of State Property and Summary of Selected Rules and Regulations on use and misue of State Property.
    3. Self-dealing/conflicts of interest: Under G.S. 14-234, a state official cannot act in his/her own benefit when making a public contract. The statute further prohibits any State employee from entering into a business transaction involving State funds with any person the State employee had a "financial association with" in the past two years. G.S. 14-234(c).

      Under G.S. 14-236, no employee at a State educational facility may act as an agent or have a monetary interest in selling or supplying goods to a school. For example, someone who works for the university cannot sell goods from their private business to the school. It is also unlawful to accept gifts or rewards from a contractor for recommending or influencing acceptance of a university contract with that contractor.
    4. State-owned vehicles: Under G.S. 14-247, it is unlawful for a State employee to use a State owned vehicle for private use. Further, under G.S. 14-248, it is unlawful to get a private car repaired at a State garage or use tires, gas, or other automotive goods purchased by the State for private purposes.

  3. PROPERTY CRIMES
    1. Damaging Computers: G.S. 14-455 makes it illegal to willfully alter, damage, or destroy a computer, computer network, or computer system. Introducing a self-replicating program falls within the prohibition of this law. Damage exceeding $1,000 is a felony.
    2. Defacing/damaging State buildings: G.S. 14-132 makes it illegal to mark on or damage public buildings or facilities, or to be disorderly in or near a public building or facility. (See also, Trespass, Other Crimes.) Willfully burning a State building is a felony. G.S. 14-59; see also G.S. 14-60.
    3. Posting ads on campus: G.S. 14-145 makes it illegal to post any business or commercial advertisements on any tree, fence, sign, building, automobile, etc. without the owner’s permission. In addition, a solicitation permit must be obtained from Student Development (515-2441) prior to conducting commercial, charitable, or other solicitations on campus.
    4. Theft or damage at libraries, etc.: It is a crime to damage or steal from a museum, state office, or public library any property such as documents, art objects, or literature. G.S. 14-398. It is also illegal to buy property illegally obtained from libraries, museums, or state offices. For property over $50, the crime is a felony.
    5. Trespass: It is unlawful to intentionally damage real or personal property. G.S. 14-127 and 14-160 (see also G.S. 14-132). Trespass also includes entering or remaining without authority in the building of another, or on the premises of another where the premises are enclosed, or posted, or there is other notice for intruders to keep out. G.S. 14-159.12 and 14-159.13. Interference with or disruption of animal research is a form of criminal trespass. G.S. 14-159.2. Such interference could include destroying research materials or equipment and releasing or tampering with the animals themselves.
    6. Molesting fire alarms: It is unlawful to interfere with, damage, or deface a fire alarm, smoke detector, or fire extinguishing system. G.S. 14-286.
    7. Littering: Littering is a criminal misdemeanor. G.S. 14-399.
  4. ALCOHOL AND DRUG LAWS
    1. University rules backed by criminal law: It is unlawful to possess or consume fortified wine or liquor where the person in charge of the premises has forbidden such possession or consumption. G.S. 18B-301(f)(4). Therefore, the university's alcohol policy and any additional alcohol restrictions imposed by university officials may be enforced through criminal law, as well as campus disciplinary processes, with respect to fortified wine and liquor.
    2. Intoxicated and disruptive conduct: In general, there is no prosecution for being intoxicated in public. G.S. 14-447(a). However, it is unlawful to be disruptive while intoxicated. G.S. 14-444. Under this statute, disruptive conduct includes blocking traffic, grabbing, shoving, pushing, fighting, cursing and shouting at others rudely or insultingly, or begging for money or property.
    3. Public consumption: N. C. alcohol law makes illegal the consumption of or offering of fortified wine, spirituous liquor, or mixed beverages on public streets or sidewalks. G.S. 18B-301(f)(1). Further, public display of liquor or fortified wine is not allowed at athletic events. G.S. 18B-301(f)(2). Raleigh city ordinance section 12-4001 prohibits open containers of beer or wine on any City property or streets.
    4. Selling on university property: In general, permits for the sale of alcoholic beverages cannot be granted by the State authority to any business on university property. G.S. 18B-1006(a). Exceptions exist for hotels, nonprofit alumni organizations, and the Centennial Authority. Any sale, or possession for sale, of alcoholic beverages without an ABC permit is unlawful. G.S. 18B-304.
    5. Underage possession: It is unlawful for any person to sell or give alcohol to a person that is less than 21 years old. G.S. 18B-302(a). It is unlawful for one under 21 to purchase or attempt to purchase alcohol, G.S. 18B-302(b), and use of fraudulent identification to attempt to purchase alcohol is a separate crime G.S. 18B-302(e). Aiding and abetting someone under the lawful age in an attempt to obtain alcohol is also unlawful. G.S. 18B-302(c) and (f).
    6. Possession and distribution of unlawful drugs: Chapter 90, Articles 5, 5A, and 5B, of the General Statutes criminalizes the possession, the delivery, and the manufacture of marijuana, cocaine, opium derivatives, a host of other "controlled substances," and drug paraphernalia. See also, the NC State policy on illegal drugs.
  5. OTHER CRIMES
    1. Unauthorized computer access: A person who "willfully and without authorization, directly or indirectly, accesses or causes to be accessed any computer, computer system, or computer network" is guilty of a misdemeanor (G.S. 14-454(b), unless there is an intent to defraud or gain property by false pretenses, in which case the crime becomes a felony (G.S. 14-455(a)). See also G.S. 14-455 on damaging computers, networks, and computer information and programs, and the NC State Administrative Regulation on Computer Use.

      Note: Employees must promptly report any misuse of state property when they learn of it, regardless of who is responsible for the misuse. Reports should be forwarded to the General Counsel. Misuse includes theft, embezzlement, vandalism, hacking into computers, unauthorized personal use of state property (e.g., long distance phone calls), and other violations of criminal law that involve state property. G.S. 114-15.1."
    2. Academic fraud: It is unlawful for anyone to assist or advertise assistance for a student to fraudulently obtain academic credit (G.S. 14-118.2). This includes writing papers for others or impersonating someone else to take an exam. This criminal statute applies to persons who are not within the jurisdiction of the Code of Student Conduct (G.S. 14-118.2(b)). Students who cheat or commit academic fraud, or assist in such misconduct, are punishable exclusively under university disciplinary rules. See the Code of Student Conduct, Section 9 through 13.
    3. Disorderly conduct: disorderly conduct is a crime. G.S. 14-288.4(a) defines disorderly conduct as public disturbances that involve:
      1. fighting or other violent conduct, or the threat of such conduct
      2. communications or displays that are likely to provoke a violent retaliation
      3. seizure of public buildings
      4. refusing to leave public buildings when ordered by certain public safety officials or university officials
      5. obstructing the ability of others to enter and leave public buildings or assembling, congregating, blocking, or other interference with the use of public buildings
      6. disrupting or interfering with teaching.

    4. False alarms: It is unlawful to give false fire alarms, to falsely pull fire alarms in buildings, to misuse fire extinguishers, or to damage alarms or smoke detectors. G.S. 14-286.
    5. Falsifying education documents: It is illegal to falsify, alter, or forge official educational documents such as transcripts, diplomas, degrees, licenses, or certificates. It is also illegal to make any false representations that one has received a degree or other completion of educational program to defraud when seeking employment, admission into programs, receipt of a diploma or other documentation, or awards. G.S. 14-122.1.
    6. Hazing: It is unlawful for any college student to conduct "hazing" or aid in the hazing of others that results in physical injury. G.S. 14-35. For criminal purposes, "hazing" is an action that subjects another student to physical injury as part of an initiation or membership in any organized student or school group, including any society, athletic team, fraternity or sorority, or other similar group. Hazing is more broadly defined for university disciplinary purposes.
    7. Obscenity: It is a felony to disseminate obscene material. G.S. 14-190.1. "Obscenity" does not encompass all pornography. It is defined for constitutional purposes as material that depicts or describes sexual conduct in an offensive way, and that lacks literary, scientific, artistic, or political value. It is also a felony to display or disseminate to minors any sexual material that is harmful to minors. G.S. 14-190.13 – 190.15. The definition of material harmful to minors is broader than "obscenity."
    8. Raffles. It is lawful for any nonprofit organization or association recognized by the Department of Revenue tax exempt pursuant to G.S. 105-130.11 (which includes clubs organized and operated exclusively for pleasure, recreation, and other nonprofitable purposes, no part of the net earnings of which inures to the benefit of any private stockholder or member) and for any government entity within the state to conduct raffles, provided they are conducted according to the following requirements:

      1. For purposes of this section “raffle” means a game in which the prize is won by random drawing of the name or number of one or more persons purchasing chances.
      2. Raffles shall be limited to two per nonprofit organization per year.
      3. The maximum cash prize that may be offered or paid for any one raffle is fifty thousand dollars ($50,000) and if merchandise is used as a prize, and it is not redeemable for cash, the maximum fair market value of that prize may be fifty thousand dollars ($50,000). The total cash prizes offered or paid by any non-profit organization may not exceed $50,000 in any calendar year.
      4. No real property (e,g., real estate) may be offered as a prize in a raffle.
      5. Raffles shall not be conducted in conjunction with bingo.
      6. No less than ninety percent (90%) of the net proceeds of a raffle shall be used by the nonprofit organization or association for charitable, religious, educational, civic, or other nonprofit purposes. "Net proceeds of a raffle" means the receipts less the cost of prizes awarded. None of the net proceeds of the raffle may be used to pay any person to conduct the raffle, or to rent a building where the tickets are received or sold or the drawing is conducted.

      Any person who conducts a raffle in violation of any provision of N.C. G. S. 14-309.15 shall be guilty of a misdemeanor. Upon conviction that person shall not conduct a raffle for a period of one year.

    9. Reselling tickets: One can resell tickets to special events, such as athletic games, for no more than the face value of the ticket plus a "reasonable service fee" not to exceed $3. G.S. 14-344.
    10. Riots: A riot is defined as a public disturbance of three or more people, acting disorderly and violently, which results in injury to persons or damage to property, or creates a clear and present public danger of such injury or damage. G.S. 14-288.2(a). Inciting a riot is equally unlawful. If the conduct results in damage over $1,500.00, causes serious bodily injury, or involves the possession of a dangerous weapon or substance, it is a felony.
    11. Threats and stalking: it is unlawful to communicate a threat to injure a person or damage the property of another, where there is an objective basis to believe the threat and the person threatened believes it subjectively. G.S. 14-277.1. Stalking is also illegal. G.S. 14-277.3. It is defined as (i) following or being in the presence of someone without legal purpose, (ii) with the intent to cause emotional distress by placing that person in fear of death or bodily injury, (iii) after being warned to desist, and (iv) on several occasions so as to form a pattern of conduct.
    12. Throwing items at athletic events: G.S. 14-281.1 makes it unlawful to drop or throw items where those items could cause damage or injury at any athletic games.
    13. Weapons: Weapons, whether open or concealed, are not allowed on school grounds. G.S. 14-269.2(b). Weapons are allowed when used solely for authorized educational or school purposes, or when carried by the military or law enforcement personnel while performing their official duties. G.S. 14-269.2(g).

  6. Additional information: See the web site of the NC State Campus Police Department. Most state criminal laws are in Chapter 14 of the General Statutes, which may be viewed in its entirety at the General Assembly web site, or in hard copy at the D.H. Hill Library on campus, or in many public libraries. NC State traffic and parking ordinances, which are enforceable through civil penalty pursuant to G.S. 116-44.4, are set forth in Trustee policy 07.60.01 (Parking and Transportation). See also, the City of Raleigh ordinances. The federal criminal statutes are largely grouped in Title 18, Part I, of the United States Code.