§ 5A-13. Direct and indirect criminal contempt; proceedings required. - North Carolina Statutes

§5A‑13.  Direct and indirect criminal contempt; proceedings required.

(a)        Criminal contemptis direct criminal contempt when the act:

(1)        Is committed withinthe sight or hearing of a presiding judicial official; and

(2)        Is committed in, orin immediate proximity to, the room where proceedings are being held before thecourt; and

(3)        Is likely tointerrupt or interfere with matters then before  the court.

The presiding judicial officialmay punish summarily for direct criminal contempt according to the requirementsof G.S. 5A‑14 or may defer adjudication and sentencing as provided inG.S. 5A‑15. If proceedings for direct criminal contempt are deferred, thejudicial official must, immediately following the conduct, inform the person ofhis intention to institute contempt proceedings.

(b)        Any criminalcontempt other than direct criminal contempt is indirect criminal contempt andis punishable only after proceedings in accordance with the procedure requiredby G.S. 5A‑15. (1977, c. 711, s. 3.)