Ethnic Intimidation in North Carolina

Ethnic intimidation in North Carolina and teaching ethnic intimidation are both illegal in North Carolina. These crimes are governed by NCGS 14-401.14.

What is ethnic intimidation in North Carolina? 

A person is guilty of ethnic intimidation in North Carolina if they:

1. assault another person OR
2. if they damage or deface the property of another person OR
3. if they threaten to do any such act
4. on the basis of
   1. Race
   2. Color
   3. Religion
   4. Nationality
   5. Country of origin

A person is guilty of teaching ethnic intimidation if they

1. Meet with one or more persons to teach any technique or means to be used to commit any act of ethnic intimidation.

How serious is ethnic intimidation, and what penalties can a person face?

Ethnic intimidation and teaching ethnic intimidation are both Class 1 misdemeanors (click here to learn about how misdemeanors are punished in NC). As a Class 1 misdemeanor, a person could face a maximum of 120 days in jail.

Who can be convicted of ethnic intimidation in North Carolina?

Any adult of any race, color, religion, nationality, or country of origin can be charged and/or convicted of ethnic intimidation.

For purposes of the criminal justice system, an adult is any person 16-years-old or older. However, in December 2019, only individuals that are at least 18-years-old will be automatically prosecuted as an adult in the state of North Carolina. To learn more about this change in law (known as “raise the age”), click here.

Ethnic Intimidation convictions barred from expunction in North Carolina

If you are convicted of ethnic intimidation in North Carolina, you can never get it expunged. Meaning, there is no way to ever remove such a conviction from your record.

In North Carolina, you can generally get one expunction for a conviction in a lifetime for a misdemeanor, so long as five years have passed since completing your sentence (click here to learn more). Most non-violent misdemeanors and low-level non-violent felonies are eligible for this type of expunction. However, ethnic intimidation is specifically excluded from the list of eligible convictions. If you are charged with ethnic intimidation but the charge is dismissed, you CAN get it expunged. However, if you are convicted of ethnic intimidation in North Carolina, you can NEVER get the conviction expunged.

If you have been charged with a crime in North Carolina or South Carolina, you should speak with a criminal defense lawyer to discuss your rights and your options. Gilles Law has criminal defense lawyers licensed in both North Carolina and South Carolina, both at the State and Federal levels.