Going Armed to the Terror of the People

Published for NC Criminal Law on December 20, 2012.

After I eliminated this offense from the 7th edition of North Carolina Crimes, a few people asked me to add it back in. A statistics report from the N.C. Administrative Office of the Courts shows that in 2011 this crime was charged in 340 cases. That’s not a huge number, but it probably justifies including the offense in Crimes. In any event, since the book has been printed I can’t make any changes until the 8th edition is produced (note: even thinking about that gives me a migraine). In the meantime, here’s what you need to know about this crime. Statute This is a common law offense. State v. Dawson, 272 N.C. 535, 541-42 (1968); State v. Huntly, 25 N.C. 418, 418 (1843); State v. Staten, 32 N.C. App. 495, 496-97 (1977) (citing Dawson). Elements A person guilty of this offense (1)  arms himself or herself with an unusual and dangerous weapon (2)  for the purpose of terrifying others and (3)  goes about on public highways (4)  in a manner to cause terror to the people. Punishment Class 1 misdemeanor. G.S. 14-3(a). Notes Generally. For the elements of this offense, see Dawson, 272 N.C. at 549, and Staten, 32 N.C. App. at 497. For a case in which the evidence was sufficient to establish this offense, see, for example, Dawson, 272 N.C. at 549 (armed with a carbine and four pistols, the defendant and three others drove on the public highways at night, firing bullets into a store and two homes). Element [...]