New Misdemeanor Crime of Domestic Violence

Last month, the North Carolina General Assembly passed S.L. 2023-14 (S 20) which largely covers changes to abortion laws. Within this bill is also a newly defined “misdemeanor crime of domestic violence,” which takes effect for offenses committed on or after December 1, 2023. This post discusses the utility of the new offense and the implications that it may have on a defendant’s gun rights. What is the new law? S 20 enacts a new misdemeanor crime of domestic violence, codified as G.S. 14-32.5. Under this new law, a person is guilty of a Class A1 misdemeanor if that person uses or attempts to use physical force, or threatens the use of a deadly weapon, against another person. The person who commits the offense must have one of the following relationships with the victim: A current or former spouse, parent, or guardian of the victim. A person with whom the victim shares a child in common. A person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian. A person similarly situated to a spouse, parent, or guardian of the victim. A person who has a current or recent former dating relationship with the victim. This language tracks that of the federal law defining a misdemeanor crime of domestic violence. 18 U.S.C. 921(a)(33). The relationships listed under G.S. 14-32.5 vary from and may be treated differently than those in and G.S. 15A-534.1 and G.S. 50B. I will explore this topic more in a future post. [...]