State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_16B

§ 15A‑1340.16B.  Lifeimprisonment without parole for a second or subsequent conviction of a Class B1felony if the victim was 13 years of age or younger and there are no mitigatingfactors.

(a)        If a person isconvicted of a Class B1 felony and it is found as provided in this sectionthat: (i) the person committed the felony against a victim who was 13 years ofage or younger at the time of the offense and (ii) the person has one or moreprior convictions of a Class B1 felony, then the person shall be sentenced tolife imprisonment without parole.

(b),       (c) Repealed bySession Laws 2003‑378, s. 3, effective August 1, 2003.

(d)        An indictment orinformation for the Class B1 felony shall allege in that indictment orinformation or in a separate indictment or information the facts set out insubsection (a) of this section. The pleading is sufficient if it alleges thatthe defendant committed the felony against a victim who was 13 years of age oryounger at the time of the felony and that the defendant had one or more priorconvictions of a Class B1 felony. One pleading is sufficient for all Class B1felonies that are tried at a single trial.

(e)        The State shallprove the issues set out in subsection (a) 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. The issuesshall be presented in the same manner as provided in G.S. 15A‑928(c). Ifthe defendant pleads guilty or no contest to the felony but pleads not guiltyto the issues set out in subsection (a) of this section, then a jury shall beimpaneled to determine the issues.

(f)         Subsection (a) ofthis section does not apply if there are mitigating factors present under G.S.15A‑1340.16(e). (1998‑212, s. 17.16(a); 2003‑378, s. 3.)