North Carolina General Statutes 65-71. Penalties
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 I felony | between 3 and 12 months | |
| Class 1 misdemeanor | up to 120 days |
Terms Used In North Carolina General Statutes 65-71
- Cemetery: means any one or a combination of more than one of the following in a place used or to be used and dedicated or designated for cemetery purposes:
- Cemetery broker: means a legal entity engaged in the business of arranging sales of cemetery products between legal entities and which sale does not involve a cemetery company, but does not mean funeral establishments or funeral directors operating under N. See North Carolina General Statutes 65-48
- Cemetery management organization: means any legal entity contracting as an independent contractor with a cemetery company to manage a cemetery but does not mean individual managers employed by and contracting directly with cemetery companies operating under this Article. See North Carolina General Statutes 65-48
- Cemetery sales organization: means any legal entity contracting with a cemetery which is exempt or not exempt under this Article to conduct sales of cemetery products, but does not mean individual salesmen or sales managers employed by and contracting directly with cemetery companies operating under this Article, nor does it mean funeral establishments or funeral directors operating under licenses authorized by N. See North Carolina General Statutes 65-48
- Conviction: A judgement of guilt against a criminal defendant.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Person: means an individual, corporation, partnership, joint venture, or association. See North Carolina General Statutes 65-48
(a) Except as provided in this subsection, a person violating any provisions of this Article is guilty of a Class 1 misdemeanor. Each failure to deposit funds in a trust fund in accordance with this Article is a separate offense. A person that has failed to deposit funds in a trust fund in accordance with this Article and whose delinquent deposits equal or exceed twenty thousand dollars ($20,000) is guilty of a Class I felony.
(b) The officers and directors or persons occupying similar status or performing similar functions of any cemetery company, cemetery sales organization, cemetery management organization, or cemetery broker, as defined in this Chapter, failing to make required contributions to the care and maintenance trust fund and any other trust fund or escrow account are liable for any offense based on the failure and upon conviction for the offense shall be punished in the manner prescribed by law. (1943, c. 644, s. 14; 1967, c. 1009, s. 13; 1975, c. 768, s. 1; 1991, c. 653, s. 9; 1993, c. 539, ss. 501, 1281; 1994, Ex. Sess., c. 24, s. 14(c); 2021-84, s. 2.)