State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_16D

§ 15A‑1340.16D. Enhanced sentence if defendant is convicted of manufacture of methamphetamineand the offense resulted in serious injury to a law enforcement officer,probation officer, parole officer, emergency medical services employee, or afirefighter.

(a)        If a person isconvicted of the offense of manufacture of methamphetamine under G.S. 90‑95(b)(1a)and it is found as provided in this section that a law enforcement officer,probation officer, parole officer, emergency medical services employee, or afirefighter suffered serious injury while discharging or attempting todischarge his or her official duties and that the injury was directly caused byone of the hazards associated with the manufacture of methamphetamine, then theperson shall have the minimum term of imprisonment to which the person issentenced for that felony increased by 24 months. The maximum term ofimprisonment shall be the maximum term that corresponds to the minimum termafter it is increased by 24 months, as specified in G.S. 15A‑1340.17(e)and (e1).

(b)        An indictment orinformation for the offense of manufacture of methamphetamine under G.S. 90‑95(b)(1a)shall allege in that indictment or information the facts set out in subsection(a) of this section. The pleading is sufficient if it alleges that thedefendant committed the offense of manufacture of methamphetamine and that as aresult of the offense a law enforcement officer, probation officer, paroleofficer, emergency medical services employee, or firefighter suffered serious injurywhile discharging or attempting to discharge his or her official duties. Onepleading is sufficient for all felonies that are tried at a single trial.

(c)        The State shallprove the issue set out in subsection (b) of this section beyond a reasonable doubtduring the same trial in which the defendant is tried for the offense ofmanufacture of methamphetamine unless the defendant pleads guilty or no contestto the issue. If the defendant pleads guilty or no contest to the offense ofmanufacture of methamphetamine but pleads not guilty to the issue set out insubsection (b) of this section, then a jury shall be impaneled to determine theissue.

(d)        This section doesnot apply if the offense is packaging or repackaging methamphetamine, orlabeling or relabeling the methamphetamine container. (2004‑178, s. 8.)