15A-534.4. Sex offenses and crimes of violence against child victims: bail and pretrial release.
(a) In all cases in which the defendant is charged with felonious or misdemeanor child abuse, with taking indecent liberties with a minor in violation of G.S. 14-202.1, with rape or any other sex offense in violation of Article 7B, Chapter 14 of the General Statutes, against a minor victim, with incest with a minor in violation of G.S. 14-178, with kidnapping, abduction, or felonious restraint involving a minor victim, with a violation of G.S. 14-320.1, with assault or any other crime of violence against a minor victim, or with communicating a threat against a minor victim, in addition to the provisions of G.S. 15A-534 a judicial official shall impose the following conditions on pretrial release:
(1) That the defendant stay away from the home, temporary residence, school, business, or place of employment of the alleged victim.
(2) That the defendant refrain from communicating or attempting to communicate, directly or indirectly, with the victim, except under circumstances specified in an order entered by a judge with knowledge of the pending charges.
(3) That the defendant refrain from assaulting, beating, intimidating, stalking, threatening, or harming the alleged victim.
The conditions set forth above shall be imposed in addition to any other conditions that the judicial official may impose on pretrial release.
(b) Notwithstanding the provisions of subsection (a) of this section, upon request of the defendant, the judicial official may waive one or more of the conditions required by subdivisions (1) and (2) of subsection (a) of this section if the judicial official makes written findings of fact that it is not in the best interest of the alleged victim that the condition be imposed on the defendant. (1993 (Reg. Sess., 1994), c. 723, s. 5; 2007-172, s. 1; 2015-181, s. 47.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
§ 15A-532 - Persons authorized to determine conditions for release.
§ 15A-533 - Right to pretrial release in capital and noncapital cases.
§ 15A-534.2 - Detention of impaired drivers.
§ 15A-534.3 - Detention for communicable diseases.
§ 15A-534.4 - Sex offenses and crimes of violence against child victimsbail and pretrial release.
§ 15A-534.5 - Detention to protect public health.
§ 15A-534.6 - Bail in cases of manufacture of methamphetamine.
§ 15A-534.7 - Communicating a threat of mass violence; bail and pretrial release.
§ 15A-535 - Issuance of policies on pretrial release.
§ 15A-536 - Release after conviction in the superior court.
§ 15A-537 - Persons authorized to effect release.
§ 15A-538 - Modification of order on motion of person detained; substitution of surety.
§ 15A-539 - Modification upon motion of prosecutor.
§ 15A-540 - Surrender of a defendant by a surety; setting new conditions of release.
§ 15A-541 - Persons prohibited from becoming surety.
§ 15A-542 - False qualification by surety.
§ 15A-543 - Penalties for failure to appear.
§ 15A-544.1 - Forfeiture jurisdiction.
§ 15A-544.2 - Identifying information on bond.
§ 15A-544.3 - Entry of forfeiture.
§ 15A-544.4 - Notice of forfeiture.
§ 15A-544.5 - Setting aside forfeiture.
§ 15A-544.6 - Final judgment of forfeiture.
§ 15A-544.7 - Docketing and enforcement of final judgment of forfeiture.
§ 15A-544.8 - Relief from final judgment of forfeiture.
§ 15A-547 - Right to habeas corpus.
§ 15A-547.1 - Remit bail bond if defendant sentenced to community or intermediate punishment.