§ 5A-12. Punishment; circumstances for fine or imprisonment; reduction of punishment; other measures.
§ 5A‑12. Punishment;circumstances for fine or imprisonment; reduction of punishment; othermeasures.
(a) A person whocommits criminal contempt, whether direct or indirect, is subject to censure,imprisonment up to 30 days, fine not to exceed five hundred dollars ($500.00),or any combination of the three, except that:
(1) A person who commitsa contempt described in G.S. 5A‑11(8) is subject to censure, imprisonmentnot to exceed 6 months, fine not to exceed five hundred dollars ($500.00), orany combination of the three;
(2) A person who has notbeen arrested who fails to comply with a nontestimonial identification order,issued pursuant to Article 14 of Chapter 15A of the General Statutes is subjectto censure, imprisonment not to exceed 90 days, fine not to exceed five hundreddollars ($500.00), or any combination of the three; and
(3) A person who commitscriminal contempt by failing to comply with an order to pay child support issubject to censure, imprisonment up to 30 days, fine not to exceed five hundreddollars ($500.00), or any combination of the three. However, a sentence ofimprisonment up to 120 days may be imposed for a single act of criminalcontempt resulting from the failure to pay child support, provided the sentenceis suspended upon conditions reasonably related to the contemnor's payment ofchild support.
(b) Except for contemptunder G.S. 5A‑11(5) or 5A‑11(9), fine or imprisonment may not beimposed for criminal contempt, whether direct or indirect, unless:
(1) The act or omissionwas willfully contemptuous; or
(2) The act or omissionwas preceded by a clear warning by the court that the conduct is improper.
(c) The judicialofficial who finds a person in contempt may at any time withdraw a censure,terminate or reduce a sentence of imprisonment, or remit or reduce a fineimposed as punishment for contempt if warranted by the conduct of the contemnorand the ends of justice.
(d) A person held incriminal contempt under this Article shall not, for the same conduct, be foundin civil contempt under Article 2 of this Chapter, Civil Contempt.
(e) A person held incriminal contempt under G.S. 5A‑11(9) may nevertheless, for the sameconduct, be found guilty of a violation of G.S. 14‑225.1, but he must begiven credit for any imprisonment resulting from the contempt. (1977, c. 711, s. 3; 1985(Reg. Sess., 1986), c. 843, s. 1; 1987 (Reg. Sess., 1988), c. 1040, ss. 2, 4;1989 (Reg. Sess., 1990), c. 1039, s. 4; 1991, c. 686, s. 3; 1999‑361, s.3; 2009‑335, s. 1.)