§ 113-135. General penalties for violating Subchapter or rules; increased penalty for prior convictions; interpretive provisions. - North Carolina Statutes

§ 113‑135.  Generalpenalties for violating Subchapter or rules; increased penalty for priorconvictions; interpretive provisions.

(a)        Any person who violates any provision of this Subchapter orany rule adopted by the Marine Fisheries Commission or the Wildlife ResourcesCommission, as appropriate, pursuant to the authority of this Subchapter, isguilty of a misdemeanor except that punishment for violation of the rules ofthe Wildlife Resources Commission is limited as set forth in G.S. 113‑135.1.Unless a different level of punishment is elsewhere set out, anyone convictedof a misdemeanor under this section is punishable as follows:

(1)        For a first conviction, as a Class 3 misdemeanor.

(2)        For a second or subsequent conviction within three years, asa Class 2 misdemeanor.

(b)        In interpreting this section, provisions elsewhere in thisSubchapter making an offense a misdemeanor "punishable in the discretionof the court" must be considered to set a different level of punishment,to be interpreted in the light of G.S. 14‑3 or any equivalent orsuccessor statute. Noncriminal sanctions, however, such as license revocationor suspension, and exercise of powers auxiliary to criminal prosecution, suchas seizure of property involved in the commission of an offense, do notconstitute different levels of punishment so as to oust criminal liability. Anyprevious conviction of an offense under this Subchapter, or under rulesauthorized by it, serves to increase the punishment under subsection (a) eventhough for a different offense than the second or subsequent one.

(c)        For the purposes of this Subchapter, violations of laws orrules administered by the Wildlife Resources Commission under any formergeneral or local law replaced by the present provisions of this Subchapter aredeemed to be violations of laws or rules under this Subchapter. (1965, c. 957, s. 2; 1973, c. 1262, s. 28; 1979, c.830, s. 1; 1987, c. 827, s. 98; 1991, c. 176, s. 1; c. 761, s. 50.5; 1993, c.539, s. 836; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 209, s. 3.)