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Terms Used In North Carolina General Statutes 14-258.3

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Any prisoner in the custody of the Division of Prisons of the Department of Adult Correction, including persons in the custody of the Division of Prisons of the Department of Adult Correction pending trial or appellate review or for presentence diagnostic evaluation, or any prisoner in the custody of any local confinement facility (as defined in N.C. Gen. Stat. § 153A-217), or any person in the custody of any local confinement facility (as defined in N.C. Gen. Stat. § 153A-217) pending trial or appellate review or for any lawful purpose, who by threats, coercion, intimidation or physical force takes, holds, or carries away any person, as hostage or otherwise, shall be punished as a Class F felon. The provisions of this section apply to: (i) violations committed by any prisoner in the custody of the Division of Prisons of the Department of Adult Correction, whether inside or outside of the facilities of the Division of Prisons of the Department of Adult Correction; (ii) violations committed by any prisoner or by any other person lawfully under the custody of any local confinement facility (as defined in N.C. Gen. Stat. § 153A-217), whether inside or outside the local confinement facilities (as defined in N.C. Gen. Stat. § 153A-217). (1975, c. 315; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1220; 1994, Ex. Sess., c. 24, s. 14(c); 2011-145, s. 19.1(h); 2012-83, s. 19; 2017-186, s. 2(ff); 2021-180, s. 19C.9(p).)