New NC laws get tough on criminals, drug dealers and people who ignore child abuse
North Carolina will get tougher on drug dealers and on armed suspects who attack public safety and law enforcement personnel, but prosecute fewer teens as adults as a slew of new laws take effect this month.
Multiple changes also have been made to sexual assault, child sexual abuse and human trafficking laws, including an update that lets women revoke consent to sexual activity, even after it begins.
North Carolina previously was the only state that did not consider it a crime to continue having sex with someone who changed their mind.
North Carolina also was the only state in the nation that still prosecuted 16- and 17-year-old offenders as adults for nonviolent felonies and traffic offenses. The new Raise the Age law will limit the number of teens in adult courts to those charged with violent felonies and those who have previously been convicted of a misdemeanor, felony or impaired driving in district or superior court.
Related bills passed this summer will provide $30 million to help local court systems implement the change, hire more court counselors and add more juvenile detention centers.
The state’s new 2019 laws went into effect Dec. 1, though some are scheduled for implementation on Jan. 1, 2020. They can be found at tinyurl.com/tlwkq6g. Here’s a look at some of the other changes:
Opioid crisis law
The Death by Distribution Act that passed this summer is the state’s latest effort to address the opioid epidemic, which killed 1,718 N.C. residents in 2018 and sent 6,769 to the emergency room with an overdose, the N.C. Department of Health and Human Services reported.
Another 3,372 who overdosed on opioids — primarily heroin and fentanyl — were saved by police and emergency workers equipped with the overdose reversal drug, naloxone. According to an August report, last year was the first time in several years that state officials recorded fewer opioid-related overdose deaths and emergency room visits.
The news came as the state stepped up its effort to stem the availability of opioids and the number of overdoses and deaths. In June, the NCDHHS launched the Opioid Action Plan 2.0, which tracks statewide progress on reduction, treatment and recovery goals.
In July, Democratic Gov. Roy Cooper also signed a new state law, the Opioid Epidemic Response Act, which allows state money to be used for syringe exchange programs, provides more office-based opioid treatment and decriminalizes the possession of test strips that let people test drugs for dangerous contaminants, such as fentanyl.
Under the new Death by Distribution law, prosecutors can charge the drug dealers selling heroin, fentanyl and other opioids that kill their customers with murder. But unlike a typical murder charge, the prosecution does not have to prove the dealer acted with malice in selling the drugs.
The law includes an immunity clause for those who call for help when someone overdoses, allaying concerns that a possible murder charge might make them think twice.
Conner’s Law
Named for N.C. Highway Patrol Trooper Kevin Conner, Conner’s Law makes it a more serious felony crime to use a firearm against a law enforcement officer or to attack firefighters and other emergency personnel with a deadly weapon.
Conner was fatally shot in October 2018 after he stopped a speeding pickup truck in Columbus County. The 18- and 20-year-old suspects, who had previous convictions and were driving a stolen truck, now face the death penalty if convicted of Conner’s murder.
The new law also creates a $100,000 death benefit that will be awarded to a surviving spouse, dependents or the estate of a public safety worker killed in the line of duty.
Child sex abuse law
The new law, among other changes, makes it a Class 1 misdemeanor for anyone over age 18 to fail to notify the authorities when he or she suspects or knows that a child is being physically or sexually abused.
It also makes it possible to prosecute someone after 10 years have passed — instead of two years — after he or she has commits a misdemeanor crime against a child. The law also aims to protect children from online sexual predators.
This story was originally published December 2, 2019 at 5:45 PM with the headline "New NC laws get tough on criminals, drug dealers and people who ignore child abuse."
