§ 14-33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.
§ 14‑33. Misdemeanorassaults, batteries, and affrays, simple and aggravated; punishments.
(a) Any person whocommits a simple assault or a simple assault and battery or participates in asimple affray is guilty of a Class 2 misdemeanor.
(b) Unless his conductis covered under some other provision of law providing greater punishment, anyperson who commits any assault, assault and battery, or affray is guilty of aClass 1 misdemeanor if, in the course of the assault, assault and battery, oraffray, he:
(1) through (3) Repealedby Session Laws 1995, c. 507, s. 19.5(b);
(4) through (7) Repealedby Session Laws 1991, c. 525, s. 1;
(8) Repealed by SessionLaws 1995, c. 507, s. 19.5(b);
(9) Commits an assaultand battery against a sports official when the sports official is dischargingor attempting to discharge official duties at a sports event, or immediatelyafter the sports event at which the sports official discharged official duties.A "sports official" is a person at a sports event who enforces therules of the event, such as an umpire or referee, or a person who supervisesthe participants, such as a coach. A "sports event" includes anyinterscholastic or intramural athletic activity in a primary, middle, juniorhigh, or high school, college, or university, any organized athletic activitysponsored by a community, business, or nonprofit organization, any athleticactivity that is a professional or semiprofessional event, and any otherorganized athletic activity in the State.
(c) Unless the conductis covered under some other provision of law providing greater punishment, anyperson who commits any assault, assault and battery, or affray is guilty of aClass A1 misdemeanor if, in the course of the assault, assault and battery, oraffray, he or she:
(1) Inflicts seriousinjury upon another person or uses a deadly weapon;
(2) Assaults a female,he being a male person at least 18 years of age;
(3) Assaults a childunder the age of 12 years;
(4) Assaults an officeror employee of the State or any political subdivision of the State, when theofficer or employee is discharging or attempting to discharge his officialduties;
(5) Repealed by SessionLaws 1999‑105, s. 1, effective December 1, 1999; or
(6) Assaults a schoolemployee or school volunteer when the employee or volunteer is discharging orattempting to discharge his or her duties as an employee or volunteer, orassaults a school employee or school volunteer as a result of the discharge orattempt to discharge that individual's duties as a school employee or schoolvolunteer. For purposes of this subdivision, the following definitions shallapply:
a. "Duties"means:
1. All activities onschool property;
2. All activities,wherever occurring, during a school authorized event or the accompanying ofstudents to or from that event; and
3. All activitiesrelating to the operation of school transportation.
b. "Employee"or "volunteer" means:
1. An employee of alocal board of education; or a charter school authorized under G.S. 115C‑238.29D,or a nonpublic school which has filed intent to operate under Part 1 or Part 2of Article 39 of Chapter 115C of the General Statutes;
2. An independentcontractor or an employee of an independent contractor of a local board ofeducation, charter school authorized under G.S. 115C‑238.29D, or anonpublic school which has filed intent to operate under Part 1 or Part 2 ofArticle 39 of Chapter 115C of the General Statutes, if the independentcontractor carries out duties customarily performed by employees of the school;and
3. An adult whovolunteers his or her services or presence at any school activity and is underthe supervision of an individual listed in sub‑sub‑subdivision 1.or 2. of this sub‑subdivision.
(7) Assaults a publictransit operator, including a public employee or a private contractor employedas a public transit operator, when the operator is discharging or attempting todischarge his or her duties.
(8) Assaults a companypolice officer certified pursuant to the provisions of Chapter 74E of theGeneral Statutes or a campus police officer certified pursuant to theprovisions of Chapter 74G, Chapter 17C, or Chapter 116 of the General Statutesin the performance of that person's duties.
(d) Any person who, inthe course of an assault, assault and battery, or affray, inflicts seriousinjury upon another person, or uses a deadly weapon, in violation ofsubdivision (c)(1) of this section, on a person with whom the person has apersonal relationship, and in the presence of a minor, is guilty of a Class A1misdemeanor. A person convicted under this subsection, who is sentenced to acommunity punishment, shall be placed on supervised probation in addition toany other punishment imposed by the court.
A person committing a secondor subsequent violation of this subsection shall be sentenced to an activepunishment of no less than 30 days in addition to any other punishment imposedby the court.
The following definitionsapply to this subsection:
(1) "Personalrelationship" is as defined in G.S. 50B‑1(b).
(2) "In thepresence of a minor" means that the minor was in a position to haveobserved the assault.
(3) "Minor" isany person under the age of 18 years who is residing with or is under the careand supervision of, and who has a personal relationship with, the personassaulted or the person committing the assault. (1870‑1, c. 43, s. 2;1873‑4, c. 176, s. 6; 1879, c. 92, ss. 2, 6; Code, s. 987; Rev., s. 3620,1911, c. 193; C.S., s. 4215; 1933, c. 189; 1949, c. 298; 1969, c. 618, s. 1;1971, c. 765, s. 2; 1973, c. 229, s. 4; c. 1413; 1979, cc. 524, 656; 1981, c.180; 1983, c. 175, ss. 6, 10; c. 720, s. 4; 1985, c. 321; 1991, c. 525, s. 1;1993, c. 286, s. 1; c. 539, s. 16; 1994, Ex. Sess., c. 14, s. 3; c. 24, s.14(c); 1993 (Reg. Sess., 1994), c. 687, s. 1; 1995, c. 352, s. 1; 1995, c. 507,s. 19.5(b); 1999‑105, s. 1; 2003‑409, s. 1; 2004‑26, s. 1;2004‑199, s. 7; 2005‑231, s. 6.2.)