GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    1

HOUSE BILL 597

Short Title:      Willful Injury of Person/Trap in Public Park.		(Public)
Sponsors:	Representatives Bradford, Bert Jones, Zachary, and Clampitt (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Judiciary II

April 6, 2017

A BILL TO BE ENTITLED

AN ACT to create the criminal offense of Malicious injury through use of a trap in public parks.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 14 of the General Statutes is amended by adding a new Article to read:

"Article 13C.

"Malicious Injury Through Use of a Trap in Public Parks.

"§ 14‑50.50.  Malicious injury through use of a trap in public parks; punishment.

(a) The following definitions apply in this section:

(1) Public park. – The term includes public parks, public recreational areas, walking trails, greenways, horse trails, and State forests.

(2) Trap. – Any object or device designed or placed in a manner to cause bodily injury upon contact with the object or device. The term includes all of the following:

a. Guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms.

b. Sharpened stakes, nails, or spikes.

c. Electrical devices.

d. Lines or wires with hooks or other sharp objects attached.

e. Devices that produce toxic fumes or gases.

(b) Except as provided otherwise by this section, any person who willfully and maliciously sets a trap in a public park for the purpose of injuring another person or who willfully and maliciously aids or procures the setting of a trap in a public park for the purpose of injuring another person is guilty of a Class A1 misdemeanor.

(c) A violation of subsection (b) that inflicts physical injury on another person is a Class H felony.

(d) A violation of subsection (b) that inflicts serious injury on another person is a Class E felony.

(e) A person who is convicted of any violation under this section in which the trap was camouflaged or concealed is guilty of an offense that is one class higher than the offense committed. A Class A1 misdemeanor shall be enhanced to a Class I felony under this subsection."

SECTION 2.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.