North Carolina General Statutes 14-288.9. Assault on emergency personnel; punishments
(a) An assault upon emergency personnel is an assault upon any person coming within the definition of “emergency personnel” which is committed in an area:
(1) In which a declared state of emergency exists; or
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 38 and 160 months | |
| Class E felony | between 15 and 63 months | |
| Class H felony | between 4 and 25 months |
Terms Used In North Carolina General Statutes 14-288.9
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Within the immediate vicinity of which a riot is occurring or is imminent.
(b) The term “emergency personnel” includes law-enforcement officers, firemen, ambulance attendants, utility workers, doctors, nurses, members of the North Carolina National Guard, and other persons lawfully engaged in providing essential services or otherwise discharging or attempting to discharge his or her official duties during the emergency.
(c) Any person who commits an assault upon emergency personnel is guilty of a Class H felony.
(d) Any person who commits an assault upon emergency personnel with or through the use of any dangerous weapon or substance shall be punished as a Class F felon.
(e) Any person who commits an assault upon emergency personnel causing serious bodily injury to the emergency personnel is guilty of a Class E felony.
(f) Any person who commits an assault upon emergency personnel causing death to the emergency personnel is guilty of a Class D felony. (1969, c. 869, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, ss. 193, 1229; 1994, Ex. Sess., c. 24, s. 14(c); 2011-356, s. 3; 2023-6, s. 3.)