§ 31A-3. Definitions. - North Carolina Statutes

Article 3.

Willful and UnlawfulKilling of Decedent.

§ 31A‑3.  Definitions.

As used in this Article,unless the context otherwise requires, the term ‑

(1)        "Decedent"means the person whose life is taken by the slayer as defined in subdivision(3) of this section.

(2)        "Property"means any real or personal property and any right or interest therein.

(3)        "Slayer"means any of the following:

a.         A person who, by acourt of competent jurisdiction,  is convicted as a principal or accessorybefore the fact of the willful and unlawful killing of another person.

b.         A person who hasentered a plea of guilty in open court as a principal or accessory before thefact of the willful and unlawful killing of another person.

c.         A person who, uponindictment or information as a principal or accessory before the fact of thewillful and unlawful killing of another person, has tendered a plea of nolocontendere which was accepted by the court and judgment entered thereon.

d.         A person who isfound by a preponderance of the evidence in a civil action brought within twoyears after the death of the decedent to have willfully and unlawfully killedthe decedent or procured the killing of the decedent. If a criminal proceedingis brought against the person to establish the person's guilt as a principal oraccessory before the fact of the willful and unlawful killing of the decedentwithin two years after the death of the decedent, the civil action may bebrought within 90 days after a final determination is made by a court ofcompetent jurisdiction in that criminal proceeding or within the original twoyears after the death of the decedent, whichever is later. The burden of proofin the civil action is on the party seeking to establish that the killing waswillful and unlawful for the purposes of this Article.

e.         A juvenile who isadjudicated delinquent by reason of committing an act that, if committed by anadult, would make the adult a principal or accessory before the fact of thewillful and unlawful killing of another person.

Theterm "slayer" does not include a person who is found not guilty byreason of insanity of being a principal or accessory before the fact of thewillful and unlawful killing of another person. (1961, c. 210, s. 1; 2006‑107,s. 1.)