State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_34

Article81C.

Restitution

§ 15A‑1340.34. Restitution generally.

(a)        When sentencing adefendant convicted of a criminal offense, the court shall determine whetherthe defendant shall be ordered to make restitution to any victim of the offensein question. For purposes of this Article, the term "victim" means aperson directly and proximately harmed as a result of the defendant'scommission of the criminal offense.

(b)        If the defendant isbeing sentenced for an offense for which the victim is entitled to restitutionunder Article 46 of this Chapter, the court shall, in addition to any penaltyauthorized by law, require that the defendant make restitution to the victim orthe victim's estate for any injuries or damages arising directly andproximately out of the offense committed by the defendant. If the defendant isplaced on probation or post‑release supervision, any restitution orderedunder this subsection shall be a condition of probation as provided in G.S. 15A‑1343(d)or a condition of post‑release supervision as provided in G.S. 148‑57.1.

(c)        When subsection (b)of this section does not apply, the court may, in addition to any other penaltyauthorized by law, require that the defendant make restitution to the victim orthe victim's estate for any injuries or damages arising directly andproximately out of the offense committed by the defendant. (1998‑212,s. 19.4(d).)