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Statutes > North-carolina > Chapter_18B > GS_18B-302_1

§ 18B‑302.1.  Penaltiesfor certain offenses related to underage persons.

(a)        A violation of G.S.18B‑302(a) or (a1) is a Class 1 misdemeanor. Notwithstanding theprovisions of G.S. 15A‑1340.23, if the court imposes a sentence that doesnot include an active punishment, the court must include among the conditionsof probation a requirement that the person pay a fine of at least two hundredfifty dollars ($250.00) as authorized by G.S. 15A‑1343(b)(9) and arequirement that the person complete at least 25 hours of community service, asauthorized by G.S. 15A‑1343(b1)(6). If the person has a previousconviction of this offense in the four years immediately preceding the date ofthe current offense, and the court imposes a sentence that does not include anactive punishment, the court must include among the conditions of probation arequirement that the person pay a fine of at least five hundred dollars($500.00) as authorized by G.S. 15A‑1343(b)(9) and a requirement that theperson complete at least 150 hours of community service, as authorized by G.S.15A‑1343(b1)(6).

(b)        A violation of G.S.18B‑302(c)(2) is a Class 1 misdemeanor. Notwithstanding the provisions ofG.S. 15A‑1340.23, if the court imposes a sentence that does not includean active punishment, the court must include among the conditions of probationa requirement that the person pay a fine of at least five hundred dollars($500.00) as authorized by G.S. 15A‑1343(b)(9) and a requirement that theperson complete at least 25 hours of community service, as authorized by G.S.15A‑1343(b1)(6). If the person has a previous conviction of this offensein the four years immediately preceding the date of the current offense, andthe court imposes a sentence that does not include an active punishment, thecourt must include among the conditions of probation a requirement that theperson pay a fine of at least one thousand dollars ($1,000) as authorized byG.S. 15A‑1343(b)(9) and a requirement that the person complete at least150 hours of community service, as authorized by G.S. 15A‑1343(b1)(6).

(c)        In addition to thepunishments imposed under this section, the court may impose the provisions ofG.S. 18B‑202 and of G.S. 18B‑503, 18B‑504, and 18B‑505.(1999‑433,s. 1; 2007‑537, s. 2.)