What’s the Law?

Each year, the NC General Assembly enacts new laws that affect the citizens of North Carolina. Most laws enacted do not have a direct impact on the average citizen’s day-to-day life however, some laws do. Therefore, in an effort to keep the citizens of Hertford County informed about and to help them abide by such laws, the Hertford County Sheriff’s Office will periodically post these new laws. These posts should be considered a guideline only and not specific legal advice.    

  • S.L. 2017-182 (H 559): Hunting on Sunday. Effective July 25, 2017, the act amends G.S. 103-2 to expand hunting of wild animals, upland game birds, and migratory birds on Sunday, as follows:
    For landowners, members of a landowner’s family, and others with written permission from a landowner, amended G.S. 103-2(a) allows hunting of wild animals and upland game birds with firearms on Sunday on the landowner’s property subject to certain limitations. The act removes the previous prohibitions on hunting migratory birds on Sunday on the landowner’s property; within 500 yards of a residence not owned by the landowner; and in a county with a population of more than 700,000 people. On […Click title for full article]
  • S.L. 2017-179 (H 128): Unmanned aircraft near prison or jail.
    S.L. 2017-179 (H 128): Unmanned aircraft near prison or jail. Effective for offenses committed on or after December 1, 2017, new G.S. 15A-300.3(a) prohibits the use of an unmanned aircraft system within a horizontal distance of 500 feet or vertical distance of 250 feet from a local jail or state or federal prison. New G.S. 15A-300.3(b) includes several exceptions, such as written consent from the official in charge of facility and by law enforcement use in accordance with G.S. 15A-300.1(c). New […Click title for full article]
  • New Class I felony to violate first-degree trespass that involves reentry after removal by execution of valid order or writ of possession or the trespass occurs under color of title by person who knowingly creates false document of title or possession.
    New Class I felony to violate first-degree trespass that involves reentry after removal by execution of valid order or writ of possession or the trespass occurs under color of title by person who knowingly creates false document of title or possession.  Amended G.S. 14-159.12 (first-degree trespass), effective for offenses committed on or after December 1, 2016, provides that it is a Class I felony with a mandatory minimum $1,000 fine if (1) the offense occurs on real property where the […Click title for full article]
  • Felony impaired boating offenses:
       Effective for offenses committed on or after December 1, 2016, NC General Statute 75A-10.3 creates new felony impaired boating offenses. These new offenses are: (1) death by impaired boating, Class D felony; (2) serious injury by impaired boating, Class F felony; (3) aggravated serious injury by impaired boating, Class E felony; (4) aggravated death by impaired boating, Class D felony; and (5) repeat death by impaired boating, Class B2 felony. […Click title for full article]
  • Changing locations where certain registered sex offenders cannot go:
    NC General Statute 14-208.18(a)(3), is revised to include any place where minors frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present.  The new law also adds a fourth location in new G.S. 14-208.18(a)(4), the State Fairgrounds, Western Agricultural Center, and other fairgrounds, but the restriction is limited to certain time periods. […Click title for full article]
  • Move over law
    Move over law:  North Carolina’s Move Over law protects law enforcement officers and emergency and utility workers stopped alongside our highways. In January, 2002, the state’s Move Over law took effect requiring motorists, if they can safely do so, to move one lane away from any law enforcement or other emergency vehicle that is on the side of the highway.  This law includes utility vehicles, electric, cable, telephone, communications, gas, and all state vehicles […Click title for full article]
  • Unlawful to operate vehicle while holding live animal in lap.
    It shall be unlawful for any person to operate a vehicle on a public street, highway, or public vehicular area while holding a live animal in the person’s lap.NC General Statute 20-137.4B.  A violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the costs of court.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date. […Click title for full article]
  • Operation of all-terrain vehicles
    Operation of All Terrain Vehicles   It is important to carefully read and follow the instructions and warnings in the ATV’s owner’s manual and on its labels. ATVs handle differently from other vehicles such as motorcycles and cars.  Proper instruction and practice are important.  ATVs can be hazardous to operate. For your safety, always wear a DOT-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots, and gloves. Never ride on paved roads except to cross when […Click title for full article]