§ 14-3. Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with deceit and intent to defraud, or with ethnic animosity. - North Carolina Statutes

§ 14‑3.  Punishment ofmisdemeanors, infamous offenses, offenses committed in secrecy and malice, orwith deceit and intent to defraud, or with ethnic animosity.

(a)        Except as providedin subsections (b) and (c), every person who shall be convicted of any misdemeanorfor which no specific classification and no specific punishment is prescribedby statute shall be punishable as a Class 1 misdemeanor. Any misdemeanor thathas a specific punishment, but is not assigned a classification by the GeneralAssembly pursuant to law is classified as follows, based on the maximumpunishment allowed by law for the offense as it existed on the effective dateof Article 81B of Chapter 15A of the General Statutes:

(1)        If that maximumpunishment is more than six months imprisonment, it is a Class 1 misdemeanor;

(2)        If that maximumpunishment is more than 30 days but not more than six months imprisonment, itis a Class 2 misdemeanor; and

(3)        If that maximumpunishment is 30 days or less imprisonment or only a fine, it is a Class 3misdemeanor.

Misdemeanors that havepunishments for one or more counties or cities pursuant to a local act of theGeneral Assembly that are different from the generally applicable punishmentare classified pursuant to this subsection if not otherwise specificallyclassified.

(b)        If a misdemeanoroffense as to which no specific punishment is prescribed be infamous, done insecrecy and malice, or with deceit and intent to defraud, the offender shall,except where the offense is a conspiracy to commit a misdemeanor, be guilty ofa Class H felony.

(c)        If any Class 2 orClass 3 misdemeanor is committed because of the victim's race, color, religion,nationality, or country of origin, the offender shall be guilty of a Class 1misdemeanor. If any Class A1 or Class 1 misdemeanor offense is committedbecause of the victim's race, color, religion, nationality, or country oforigin, the offender shall be guilty of a Class H felony.  (R.C., c. 34, s. 120; Code,s. 1097; Rev., s. 3293; C.S., s. 4173; 1927, c. 1; 1967, c. 1251, s. 3; 1979,c. 760, s. 5; 1979, 2nd Sess., c. 1316, ss. 2, 47, 48; 1981, c. 63, s. 1; c.179, s. 14; 1991, c. 702, s. 2; 1993, c. 538, s. 7; 1994, Ex. Sess., c. 14, s.2; c. 24, s. 14(b); 1995 (Reg. Sess., 1996), c. 742, s. 6; 2008‑197, s.4.1.)