NC Criminal Law

Joseph L. Hyde on Tuesday, May 12th, 2026

Child pornography (also known as child sexual abuse material, “CSAM”) is a category of speech that is not protected by the First Amendment to the United States Constitution, so long as the images depict actual minors engaged in sexual activity. State laws criminalizing the creation, distribution, and possession of child pornography have been upheld in North Carolina on this basis. Responding to a growing concern over generative AI, however, the legislature recently amended these laws to...

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With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).

If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).

In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.

The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied. 

Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.