§ 5A-11. Criminal contempt. - North Carolina Statutes

§5A‑11.  Criminal contempt.

(a)        Except as providedin subsection (b), each of the following is criminal contempt:

(1)        Willful behaviorcommitted during the sitting of a court and directly tending to interrupt itsproceedings.

(2)        Willful behaviorcommitted during the sitting of a court in its immediate view and presence anddirectly tending to impair the respect due its authority.

(3)        Willful disobedienceof, resistance to, or interference with a court's lawful process, order,directive, or instruction or its execution.

(4)        Willful refusal tobe sworn or affirmed as a witness, or, when so sworn or affirmed, willfulrefusal to answer any legal and proper question when the refusal is not legallyjustified.

(5)        Willful publicationof a report of the proceedings in a court that is grossly inaccurate andpresents a clear and present danger of imminent and serious threat to theadministration of justice, made with knowledge that it was false or withreckless disregard of whether it was false. No person, however, may be punishedfor publishing a truthful report of proceedings in a court.

(6)        Willful or grosslynegligent failure by an officer of the court to perform his duties in anofficial transaction.

(7)        Willful or grosslynegligent failure to comply with schedules and practices of the court resultingin substantial interference with the business of the court.

(8)        Willful refusal totestify or produce other information upon the order of a judge acting pursuantto Article 61 of Chapter 15A, Granting of Immunity to Witnesses.

(9)        Willfulcommunication with a juror in an improper attempt to influence hisdeliberations.

(9a)      Willful refusal by adefendant to comply with a condition of probation.

(10)      Any other act oromission specified elsewhere in the General Statutes of North Carolina asgrounds for criminal contempt.

The grounds for criminal contemptspecified here are exclusive, regardless of any other grounds for criminalcontempt which existed at common law.

(b)        No person may beheld in contempt under this section on the basis of the content of anybroadcast, publication, or other communication unless it presents a clear andpresent danger of an imminent and serious threat to the administration ofcriminal justice.

(c)        This section issubject to the provisions of G.S. 7A‑276.1, Court orders prohibitingpublication or broadcast of reports of open court proceedings or reports ofpublic records banned. (1977, c. 711, s. 3; 1994, Ex. Sess., c. 19, s. 1.)