H95: Threaten Elected Official/Increase Punishment. Latest Version

Session: 2025 - 2026

House
Passed 1st Reading


AN ACT to increase the punishment imposed for a threat against a local elected officer and to require the execution of a secured appearance bond for a CERTAIN amount for any person charged with making a threat against an executive officer, legislative officer, court officer, local elected officer, or election officer.



The General Assembly of North Carolina enacts:



SECTION 1.  Article 5A of Chapter 14 of the General Statutes reads as rewritten:



Article 5A.



Endangering Executive, Legislative, and Court Court, and Local Elected Officers.





§ 14‑16.7.  Threats against executive, legislative, or court court, or local elected officers.



(a)        Any person who knowingly and willfully makes any threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, or court officer, or local elected officer, or who knowingly and willfully makes any threat to inflict serious bodily injury upon or kill any other person as retaliation against any legislative officer, executive officer, or court officer officer, or local elected officer because of the exercise of that officer's duties, shall be guilty of a felony and shall be punished as a Class I felon.



(b)        Any person who knowingly and willfully deposits for conveyance in the mail any letter, writing, or other document containing a threat to commit an offense described in subsection (a) of this section shall be guilty of a felony and shall be punished as a Class I felon.



§ 14‑16.8.  No requirement of receipt of the threat.



In prosecutions under G.S. 14‑16.7 of this Article it shall not be necessary to prove that any legislative officer, executive officer, or court officer officer, or local elected officer actually received the threatening communication or actually believed the threat.





§ 14‑16.10.  Definitions.



The following definitions apply in this Article:



(1)        Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or deputy clerk, judge, or justice of the General Court of Justice; district attorney, assistant district attorney, or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney; public defender or assistant defender; court reporter; juvenile court counselor as defined in G.S. 7B‑1501(18a); any attorney or other individual employed by, contracted by, or acting on behalf of a county department of social services, as defined in G.S. 108A‑24; any attorney or other individual appointed pursuant to G.S. 7B‑601 or G.S. 7B‑1108 or employed by the Guardian ad Litem Services Division of the Administrative Office of the Courts.



(2)        Executive officer. – A person named in G.S. 147‑3(c).



(3)        Legislative officer. – A person named in G.S. 147‑2(1), (2), or (3).



(4)        Local elected officer. – An elected officer of a political subdivision of this State.



SECTION 2.  G.S. 163‑275(11) reads as rewritten:



(11)    For any person, by threats, menaces or in any other manner, to intimidate or attempt to intimidate any chief judge, judge of election or other election officer in the discharge of of, or because of, duties in the registration of voters or in conducting any primary or election.



SECTION 3.  Article 26 of Chapter 15A of the General Statutes is amended by adding a new section to read:



§ 15A‑534.9.  Threats against public officers; bail.



In all cases in which the defendant is charged with a violation of G.S. 14‑16.7 or G.S. 163‑275(11), and in addition to any other applicable provisions of G.S. 15A‑534, the judicial official who determines the conditions of pretrial release shall require the defendant to execute a secured appearance bond in an amount no less than fifty thousand dollars ($50,000).



SECTION 4.  This act becomes effective December 1, 2025, and applies to offenses committed on or after that date.