North Carolina General Statutes 5A-31. Contempt by a juvenile
(a) Each of the following, when done by an unemancipated minor who (i) is at least six years of age, (ii) is not yet 18 years of age, and (iii) has not been convicted of any crime in superior court, is contempt by a juvenile:
(1) Willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings.
Terms Used In North Carolina General Statutes 5A-31
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- Juror: A person who is on the jury.
- Testify: Answer questions in court.
(2) Willful behavior committed during the sitting of a court in its immediate view and presence and directly tending to impair the respect due its authority.
(3) Willful disobedience of, resistance to, or interference with a court’s lawful process, order, directive, or instruction or its execution.
(4) Willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question when the refusal is not legally justified.
(5) Willful or grossly negligent failure to comply with schedules and practices of the court resulting in substantial interference with the business of the court.
(6) Willful refusal to testify or produce other information upon the order of a judge acting pursuant to Article 61 of Chapter 15A of the N.C. Gen. Stat., Granting of Immunity to Witnesses.
(7) Willful communication with a juror in an improper attempt to influence the juror’s deliberations.
(8) Any other act or omission specified in another Chapter of the General Statutes as grounds for criminal contempt.
(b) Contempt by a juvenile is direct contempt by a juvenile when each of the following conditions is met:
(1) The act is committed within the sight or hearing of a presiding judicial official.
(2) The act is committed in, or in the immediate proximity to, the room where proceedings are being held before the court.
(3) The act is likely to interrupt or interfere with matters then before the court.
(c) Contempt by a juvenile that is not direct contempt by a juvenile is indirect contempt by a juvenile. (2007-168, s. 1; 2017-57, s. 16D.4(m); 2018-142, s. 23(b).)