North Carolina General Statutes 15A-833. Evidence of victim impact
(a) A victim has the right to offer admissible evidence of the impact of the crime, which shall be considered by the court or jury in sentencing the defendant. The evidence may include the following:
(1) A description of the nature and extent of any physical, psychological, or emotional injury suffered by the victim as a result of the offense committed by the defendant.
Terms Used In North Carolina General Statutes 15A-833
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) An explanation of any economic or property loss suffered by the victim as a result of the offense committed by the defendant.
(3) A request for restitution and an indication of whether the victim has applied for or received compensation under the Crime Victims Compensation Act.
(b) No victim shall be required to offer evidence of the impact of the crime. No inference or conclusion shall be drawn from a victim’s decision not to offer evidence of the impact of the crime. At the victim’s request and with the consent of the defendant, a representative of the district attorney’s office or a law enforcement officer may proffer evidence of the impact of the crime to the court. (1998-212, s. 19.4(c); 2001-433, s. 5; 2001-487, s. 120.)