State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-534_4

§ 15A‑534.4.  Sexoffenses and crimes of violence against child victims: bail and pretrialrelease.

(a)        In all cases inwhich the defendant is charged with felonious or misdemeanor child abuse, withtaking indecent liberties with a minor in violation of G.S. 14‑202.1,with rape or any other sex offense in violation of Article 7A, Chapter 14 ofthe General Statutes, against a minor victim, with incest with a minor inviolation of G.S. 14‑178, with kidnapping, abduction, or feloniousrestraint involving a minor victim, with a violation of G.S. 14‑320.1,with assault or any other crime of violence against a minor victim, or withcommunicating a threat against a minor victim, in addition to the provisions ofG.S. 15A‑534 a judicial official shall impose the following conditions onpretrial release:

(1)        That the defendantstay away from the home, temporary residence, school, business, or place ofemployment of the alleged victim.

(2)        That the defendantrefrain from communicating or attempting to communicate, directly orindirectly, with the victim, except under circumstances specified in an orderentered by a judge with knowledge of the pending charges.

(3)        That the defendantrefrain from assaulting, beating, intimidating, stalking, threatening, orharming the alleged victim.

The conditions set forth aboveshall be imposed in addition to any other conditions that the judicial officialmay impose on pretrial release.

(b)        Notwithstanding theprovisions of subsection (a) of this section, upon request of the defendant, thejudicial official may waive one or more of the conditions required bysubdivisions (1) and (2) of subsection (a) of this section if the judicialofficial makes written findings of fact that it is not in the best interest ofthe alleged victim that the condition be imposed on the defendant. (1993 (Reg. Sess., 1994), c.723, s. 5; 2007‑172, s. 1.)