North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H95 Amended / Bill

Filed 02/12/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 95 
 
 
Short Title: Threaten Elected Official/Increase Punishment. 	(Public) 
Sponsors: Representatives Kidwell, Moss, Adams, and Wheatley (Primary Sponsors). 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: State and Local Government, if favorable, Judiciary 2, if favorable, Rules, 
Calendar, and Operations of the House 
February 12, 2025 
*H95-v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO INCREASE THE PUNISHMENT IMPOSE D FOR A THREAT AGAIN ST A 2 
LOCAL ELECTED OFFICER AND TO REQUIRE THE EXECUTION OF A SECURED 3 
APPEARANCE BOND FOR A CERTAIN AMOUNT FOR ANY PERSON CHARGED 4 
WITH MAKING A THREAT AGAINST AN EXECUTIV E OFFICER, LEGISLATIVE 5 
OFFICER, COURT OFFICER, LOCAL ELECTED OFFICER, OR ELECTION OFFICER. 6 
The General Assembly of North Carolina enacts: 7 
SECTION 1. Article 5A of Chapter 14 of the General Statutes reads as rewritten: 8 
"Article 5A. 9 
"Endangering Executive, Legislative, and Court Court, and Local Elected Officers. 10 
… 11 
"§ 14-16.7.  Threats against executive, legislative, or court court, or local elected officers. 12 
(a) Any person who knowingly and willfully makes any threat to inflict serious bodily 13 
injury upon or to kill any legislative officer, executive officer, or court officer, or local elected 14 
officer, or who knowingly and willfully makes any threat to inflict serious bodily injury upon or 15 
kill any other person as retaliation against any legislative officer, executive officer, or court 16 
officer officer, or local elected officer because of the exercise of that officer's duties, shall be 17 
guilty of a felony and shall be punished as a Class I felon. 18 
(b) Any person who knowingly and willfully deposits for conveyance in the mail any 19 
letter, writing, or other document containing a threat to commit an offense described in subsection 20 
(a) of this section shall be guilty of a felony and shall be punished as a Class I felon. 21 
"§ 14-16.8.  No requirement of receipt of the threat. 22 
In prosecutions under G.S. 14-16.7 of this Article it shall not be necessary to prove that any 23 
legislative officer, executive officer, or court officer officer, or local elected officer actually 24 
received the threatening communication or actually believed the threat. 25 
… 26 
"§ 14-16.10.  Definitions. 27 
The following definitions apply in this Article: 28 
(1) Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or 29 
deputy clerk, judge, or justice of the General Court of Justice; district attorney, 30 
assistant district attorney, or any other attorney designated by the district 31 
attorney to act for the State or on behalf of the district attorney; public 32 
defender or assistant defender; court reporter; juvenile court counselor as 33 
defined in G.S. 7B-1501(18a); any attorney or other individual employed by, 34  General Assembly Of North Carolina 	Session 2025 
Page 2  	House Bill 95-First Edition 
contracted by, or acting on behalf of a county department of social services, 1 
as defined in G.S. 108A-24; any attorney or other individual appointed 2 
pursuant to G.S. 7B-601 or G.S. 7B-1108 or employed by the Guardian ad 3 
Litem Services Division of the Administrative Office of the Courts. 4 
(2) Executive officer. – A person named in G.S. 147-3(c). 5 
(3) Legislative officer. – A person named in G.S. 147-2(1), (2), or (3). 6 
(4) Local elected officer. – An elected officer of a political subdivision of this 7 
State." 8 
SECTION 2. G.S. 163-275(11) reads as rewritten: 9 
"(11) For any person, by threats, menaces or in any other manner, to intimidate or 10 
attempt to intimidate any chief judge, judge of election or other election 11 
officer in the discharge of of, or because of, duties in the registration of voters 12 
or in conducting any primary or election." 13 
SECTION 3. Article 26 of Chapter 15A of the General Statutes is amended by 14 
adding a new section to read: 15 
"§ 15A-534.9.  Threats against public officers; bail. 16 
In all cases in which the defendant is charged with a violation of G.S. 14-16.7 or 17 
G.S. 163-275(11), and in addition to any other applicable provisions of G.S. 15A-534, the 18 
judicial official who determines the conditions of pretrial release shall require the defendant to 19 
execute a secured appearance bond in an amount no less than fifty thousand dollars ($50,000)." 20 
SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 21 
committed on or after that date. 22