State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15B > GS_15B-31

§ 15B‑31.  Definitions.

The following definitionsapply in this Article:

(1)        Commission. – TheCrime Victims Compensation Commission established under G.S. 15B‑3.

(2)        Convicted. – Afinding or verdict of guilty by a jury or by entry of a plea of guilty or nocontest, or a finding of not guilty by reason of insanity.

(3)        Crime memorabilia. –Any tangible property belonging to or that belonged to an offender prior toconviction, the value of which is increased by the notoriety gained from theconviction of a felony.

(4)        Earned income. –Income derived from one's own labor or through active participation in abusiness, as distinguished from income including dividends or investments.

(5)        Eligible person. –Any of the following:

a.         A victim of thecrime for which the offender was convicted.

b.         A surviving spouse,parent, or child of a deceased victim of the crime for which the offender wasconvicted.

c.         Any other persondependent for the person's principal support upon a deceased victim of thecrime for which the offender was convicted.

However,"eligible person" does not include the offender or an accomplice tothe offender.

(6)        Felony. – An offensedefined as a felony by any North Carolina or United States statute that wascommitted in North Carolina and that resulted in physical or emotional injury,or death, to another person.

(7)        Funds of anoffender. – All funds and property received from any source by an offender,excluding child support and earned income, where the offender:

a.         Is an inmate servinga sentence with the Department of Correction or a prisoner confined at a localcorrectional facility or federal correctional institute, and includes fundsthat a superintendent, sheriff, or municipal official receives on behalf of aninmate or prisoner and deposits in an inmate account to the credit of theinmate or deposits in a prisoner account to the credit of the prisoner; or

b.         Is not an inmate orprisoner but who is serving a sentence of probation, conditional discharge, orpost‑release supervision.

(8)        Offender. – A personwho has been convicted of a felony or that person's legal representative orassignee.

(9)        Profit from crime. –Any income, assets, or property obtained through or generated from thecommission of a crime for which the offender was convicted, including anyincome, assets, or property generated from the sale of crime memorabilia orobtained through the use of unique knowledge obtained during the commission of,or in preparation for the commission of the crime, as well as any gain from thesale, conversion, or exchange of the income, assets, or property. "Profitfrom crime" does not include voluntary donations or contributions to anoffender used to assist in the appeal of a conviction, provided the donation orcontribution is not given in exchange for something of material value.

(10)      Victim. – Any naturalperson who suffers physical or emotional injury, or the threat of physical oremotional injury, as the result of the commission of a felony. (2004‑159, s. 2.)