§14‑401.11. Distribution of certain food at Halloween and all other timesprohibited.
(a) It shall beunlawful for any person to knowingly distribute, sell, give away or otherwisecause to be placed in a position of human accessibility, any food or eatablesubstance which that person knows to contain:
(1) Any noxious ordeleterious substance, material or article which might be injurious to aperson's health or might cause a person any physical discomfort, or
(2) Any controlledsubstance included in any schedule of the Controlled Substances Act, or
(3) Any poisonouschemical or compound or any foreign substance such as, but not limited to,razor blades, pins, and ground glass, which might cause death, serious physicalinjury or serious physical pain and discomfort.
(b) Penalties.
(1) Any person violatingthe provisions of G.S. 14‑401.11(a)(1):
a. Where the actual orpossible effect on a person eating the food or substance was or would belimited to mild physical discomfort without any lasting effect, shall be guiltyof a Class I felony.
b. Where the actual orpossible effect on a person eating the food or substance was or would begreater than mild physical discomfort without any lasting effect, shall bepunished as a Class H felon.
(2) Any person violatingthe provisions of G.S. 14‑401.11(a)(2) shall be punished as a Class Ffelon.
(3) Any person violatingthe provisions of G.S. 14‑401.11(a)(3) shall be punished as a Class Cfelon. (1971, c. 564; 1973, c. 540, s. 1; 1979, c. 760, s. 5;1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.539, s. 1242; 1994, Ex. Sess., c. 24, s. 14(c).)
§14‑401.11. Distribution of certain food at Halloween and all other timesprohibited.
(a) It shall beunlawful for any person to knowingly distribute, sell, give away or otherwisecause to be placed in a position of human accessibility, any food or eatablesubstance which that person knows to contain:
(1) Any noxious ordeleterious substance, material or article which might be injurious to aperson's health or might cause a person any physical discomfort, or
(2) Any controlledsubstance included in any schedule of the Controlled Substances Act, or
(3) Any poisonouschemical or compound or any foreign substance such as, but not limited to,razor blades, pins, and ground glass, which might cause death, serious physicalinjury or serious physical pain and discomfort.
(b) Penalties.
(1) Any person violatingthe provisions of G.S. 14‑401.11(a)(1):
a. Where the actual orpossible effect on a person eating the food or substance was or would belimited to mild physical discomfort without any lasting effect, shall be guiltyof a Class I felony.
b. Where the actual orpossible effect on a person eating the food or substance was or would begreater than mild physical discomfort without any lasting effect, shall bepunished as a Class H felon.
(2) Any person violatingthe provisions of G.S. 14‑401.11(a)(2) shall be punished as a Class Ffelon.
(3) Any person violatingthe provisions of G.S. 14‑401.11(a)(3) shall be punished as a Class Cfelon. (1971, c. 564; 1973, c. 540, s. 1; 1979, c. 760, s. 5;1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.539, s. 1242; 1994, Ex. Sess., c. 24, s. 14(c).)
§14‑401.11. Distribution of certain food at Halloween and all other timesprohibited.
(a) It shall beunlawful for any person to knowingly distribute, sell, give away or otherwisecause to be placed in a position of human accessibility, any food or eatablesubstance which that person knows to contain:
(1) Any noxious ordeleterious substance, material or article which might be injurious to aperson's health or might cause a person any physical discomfort, or
(2) Any controlledsubstance included in any schedule of the Controlled Substances Act, or
(3) Any poisonouschemical or compound or any foreign substance such as, but not limited to,razor blades, pins, and ground glass, which might cause death, serious physicalinjury or serious physical pain and discomfort.
(b) Penalties.
(1) Any person violatingthe provisions of G.S. 14‑401.11(a)(1):
a. Where the actual orpossible effect on a person eating the food or substance was or would belimited to mild physical discomfort without any lasting effect, shall be guiltyof a Class I felony.
b. Where the actual orpossible effect on a person eating the food or substance was or would begreater than mild physical discomfort without any lasting effect, shall bepunished as a Class H felon.
(2) Any person violatingthe provisions of G.S. 14‑401.11(a)(2) shall be punished as a Class Ffelon.
(3) Any person violatingthe provisions of G.S. 14‑401.11(a)(3) shall be punished as a Class Cfelon. (1971, c. 564; 1973, c. 540, s. 1; 1979, c. 760, s. 5;1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.539, s. 1242; 1994, Ex. Sess., c. 24, s. 14(c).)
