In the Matter of D.W.L.B., ____ N.C. App. ____ (September 17, 2019)

    • Facts: The juvenile, an elementary school student, was found by a hand dryer in the school bathroom over which the words “BOMB INCOMNG” were written on the wall in black magic marker. Later that day, the juvenile was called to the principal’s office and was found to have a black magic marker in his pants pocket. He was adjudicated delinquent for violation G.S. 14-277.5--making a false report concerning mass violence on educational property.
    • Sufficiency of the Petition: The petition failed to allege that the juvenile was making a report. The petition did not allege that the graffiti message was directed to anyone in particular nor that anyone in particular saw it. The essence of G.S.14-277.5 is in making a report of the statement to someone else. In addition, it would not be reasonable for a person seeing the graffiti to construe it as a credible threat. A person seeing the graffiti, not knowing when it was written and seeing that it was obviously written by an elementary school student, could not reasonably believe that it was a report of an actual threat of a bomb incoming to the school. 
Juvenile Petitions
Sufficiency of Allegations
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