§ 14-32.1. Assaults on handicapped persons; punishments. - North Carolina Statutes

§ 14‑32.1.  Assaults onhandicapped persons; punishments.

(a)        For purposes ofthis section, a "handicapped person" is a person who has:

(1)        A physical or mentaldisability, such as decreased use of arms or legs, blindness, deafness, mentalretardation or mental illness; or

(2)        Infirmity

which would substantially impairthat person's ability to defend himself.

(b)        through (d)Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 767, s. 31, effectiveOctober 1, 1994.

(e)        Unless his conductis covered under some other provision of law providing greater punishment, anyperson who commits any aggravated assault or assault and battery on ahandicapped person is guilty of a Class F felony. A person commits anaggravated assault or assault and battery upon a handicapped person if, in thecourse of the assault or assault and battery, that person:

(1)        Uses a deadly weaponor other means of force likely to inflict serious injury or serious damage to ahandicapped person; or

(2)        Inflicts seriousinjury or serious damage to a handicapped person; or

(3)        Intends to kill ahandicapped person.

(f)         Any person whocommits a simple assault or battery upon a handicapped person is guilty of aClass A1 misdemeanor. (1981, c. 780, s. 1; 1993, c. 539, ss. 15, 1139; 1994, Ex. Sess., c.24, s. 14(c); 1993 (Reg. Sess., 1994), c. 767, s. 31; 2006‑179, s. 1.)