Concluding that current State criminal statutes “do not sufficiently recognize the increased danger to the public and do not sanction appropriately acts of terrorism,” S.L. 2012-38, the General Assembly recently enacted a new terrorism offense. The new crime applies to offenses committed on after December 1, 2012. Id. Here’s what you need to know: Statute: G.S. 14-10.1 Elements: A person guilty of this offense (1) commits an act of violence (2) with the intent to (a) intimidate the civilian population at large, or an identifiable group of the civilian population, or (b) influence, through intimidation, a government’s conduct or activities. Punishment: As a felony that is one class higher than the offense which constitutes the underlying act of violence, except that a violation is a Class B1 felony if the underlying act of violence is a Class A or B1 felony. G.S. 14-10.1(c). Notes: Element (1). G.S. 14-10.1(a) defines the term "act of violence" to include: murder under G.S. 14-17; manslaughter punished under G.S. 14-18; any Chapter 14 felony that includes an assault or use of violence or force against a person; any felony that includes either the threat or use of any explosive or incendiary device; and any offense that includes the threat or use of a nuclear, biological, or chemical weapon of mass destruction. The statute does not define the phrase “explosive or incendiary device.” That term is defined in other statutory provisions. However, it is not clear which of these definitions is meant to apply to this offense. [...]
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