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.
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 person has reentered after having previously been removed by the execution of a valid order or writ of possession; or (2) the offense occurs under color of title when the person had knowingly created or provided materially false evidence of an ownership or possessory interest.
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.
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.
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 with an amber light that are on the side of the road. The utility vehicles are required to have a flashing amber-colored light.
The law requires motorists to slow down and approach cautiously when an emergency vehicle is stopped on the shoulder of the roadway with its lights flashing. Motorists are required to move over to another lane away from the emergency vehicle on a multi-lane highway or to slow down on a two lane highway when they can do so safely. Motorists must slow down while maintaining a safe speed. G.S. 20-157 (f).
A violation of the move over law will result in a mandatory fine of $250.00 plus court costs.
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.