NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 765
HOUSE BILL 747

AN ACT TO AMEND THE ASSAULT LAWS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 14-32, as the same appears in the 1969 Replacement Volume 1B of the General Statutes, is rewritten to read as follows:
"§ 14-32.  Felonious assault with a firearm or other deadly weapon with intent to kill or inflicting serious injury; punishments. — (a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury is guilty of a felony punishable by a fine, imprisonment for not more than ten (10) years, or both such fine and imprisonment.
(b)	Any person who assaults another person with a deadly weapon and inflicts serious injury is guilty of a felony punishable by a fine, imprisonment for not more than five (5) years, or both such fine and imprisonment.
(c)	Any person who assaults another person with a firearm with intent to kill is guilty of a felony punishable by a fine, imprisonment for not more than five (5) years, or both such fine and imprisonment."
Sec. 2.  G.S. 14-33, as the same appears in the 1969 Replacement Volume 1B of the General Statutes, is rewritten to read as follows:
"§ 14-33.  Misdemeanor assaults, batteries, and affrays; simple and aggravated; punishments. — (a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a misdemeanor punishable by a fine not to exceed fifty dollars ($50.00) or imprisonment for not more than thirty (30) days.
(b)	Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than six (6) months, or both such fine and imprisonment if in the course of such assault, assault and battery, or affray he:
(1)	Attempts to inflict serious injury upon another person; or
(2)	Assaults a female, he being a male person; or
(3)	Assaults a child under the age of twelve (12) years.
(c)	Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is punishable by a fine, imprisonment for not more than two (2) years, or both such fine and imprisonment if in the course of such assault, assault and battery, or affray he:
(1)	Inflicts serious injury upon another person; or
(2)	Uses a deadly weapon; or
(3)	Intends to kill another person; or
(4)	Assaults a public officer while such officer is discharging or attempting to discharge a duty of his office.
Sec. 3.  All laws and clauses of laws in conflict with this act are repealed.
Sec. 4.  This act shall take effect on October 1, 1971.
In the General Assembly read three times and ratified, this the 6th day of July, 1971.