State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_16A

§ 15A‑1340.16A. Enhanced sentence if defendant is convicted of a Class A, B1, B2, C, D, or Efelony and the defendant used, displayed, or threatened to use or display afirearm or deadly weapon during the commission of the felony.

(a),       (b) Repealed by SessionLaws 2003‑378, s. 2, effective August 1, 2003.

(c)        If a person isconvicted of a Class A, B1, B2, C, D, or E felony and it is found as providedin this section that: (i) the person committed the felony by using, displaying,or threatening the use or display of a firearm or deadly weapon and (ii) theperson actually possessed the firearm or deadly weapon about his or her person,then the person shall have the minimum term of imprisonment to which the personis sentenced for that felony increased by 60 months. The maximum term ofimprisonment shall be the maximum term that corresponds to the minimum termafter it is increased by 60 months, as specified in G.S. 15A‑1340.17(e)and (e1).

(d)        An indictment orinformation for the Class A, B1, B2, C, D, or E felony shall allege in thatindictment or information the facts set out in subsection (c) of this section.The pleading is sufficient if it alleges that the defendant committed thefelony by using, displaying, or threatening the use or display of a firearm ordeadly weapon and the defendant actually possessed the firearm or deadly weaponabout the defendant's person. One pleading is sufficient for all Class A, B1,B2, C, D, or E felonies that are tried at a single trial.

(e)        The State shallprove the issues set out in subsection (c) of this section beyond a reasonabledoubt during the same trial in which the defendant is tried for the felonyunless the defendant pleads guilty or no contest to the issues. If thedefendant pleads guilty or no contest to the felony but pleads not guilty tothe issues set out in subsection (c) of this section, then a jury shall beimpaneled to determine the issues.

(f)         Subsection (c) ofthis section does not apply if the evidence of the use, display, or threateneduse or display of the firearm or deadly weapon is needed to prove an element ofthe felony or if the person is not sentenced to an active term of imprisonment. (1994, Ex.Sess., c. 22, s. 20; 2003‑378, s. 2; 2008‑214, s. 5.)