State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-288_5

§14‑288.5.  Failure to disperse when commanded a misdemeanor; prima facieevidence.

(a)        Any law‑enforcementofficer or public official responsible for keeping the peace may issue acommand to disperse in accordance with this section if he reasonably believesthat a riot, or disorderly conduct by an assemblage of three or more persons,is occurring.  The command to disperse shall be given in a manner reasonablycalculated to be communicated to the assemblage.

(b)        Any person whofails to comply with a lawful command to disperse is guilty of a Class 2misdemeanor.

(c)        If any personremains at the scene of any riot, or disorderly conduct by an assemblage ofthree or more persons, following a command to disperse and after a reasonabletime for dispersal has elapsed, it is prima facie evidence that the person soremaining is willfully engaging in the riot or disorderly conduct, as the casemay be. (1969, c. 869, s. 1; 1993, c. 539, s. 190; 1994, Ex.Sess., c. 24, s. 14(c).)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-288_5

§14‑288.5.  Failure to disperse when commanded a misdemeanor; prima facieevidence.

(a)        Any law‑enforcementofficer or public official responsible for keeping the peace may issue acommand to disperse in accordance with this section if he reasonably believesthat a riot, or disorderly conduct by an assemblage of three or more persons,is occurring.  The command to disperse shall be given in a manner reasonablycalculated to be communicated to the assemblage.

(b)        Any person whofails to comply with a lawful command to disperse is guilty of a Class 2misdemeanor.

(c)        If any personremains at the scene of any riot, or disorderly conduct by an assemblage ofthree or more persons, following a command to disperse and after a reasonabletime for dispersal has elapsed, it is prima facie evidence that the person soremaining is willfully engaging in the riot or disorderly conduct, as the casemay be. (1969, c. 869, s. 1; 1993, c. 539, s. 190; 1994, Ex.Sess., c. 24, s. 14(c).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-288_5

§14‑288.5.  Failure to disperse when commanded a misdemeanor; prima facieevidence.

(a)        Any law‑enforcementofficer or public official responsible for keeping the peace may issue acommand to disperse in accordance with this section if he reasonably believesthat a riot, or disorderly conduct by an assemblage of three or more persons,is occurring.  The command to disperse shall be given in a manner reasonablycalculated to be communicated to the assemblage.

(b)        Any person whofails to comply with a lawful command to disperse is guilty of a Class 2misdemeanor.

(c)        If any personremains at the scene of any riot, or disorderly conduct by an assemblage ofthree or more persons, following a command to disperse and after a reasonabletime for dispersal has elapsed, it is prima facie evidence that the person soremaining is willfully engaging in the riot or disorderly conduct, as the casemay be. (1969, c. 869, s. 1; 1993, c. 539, s. 190; 1994, Ex.Sess., c. 24, s. 14(c).)