This section defines “act of violence,” creates the separate offense of terrorism, sets the felony classification, and allows forfeiture and civil damages in some cases.
(a)As used in this section, the term “act of violence” means a violation of G.S. 14-17; a felony punishable pursuant to G.S. 14-18; any felony offense in this Chapter that includes an assault, or use of violence or force against a person; any felony offense that includes either the threat or use of any explosive or incendiary device; or any offense that includes the threat or use of a nuclear, biological, or chemical weapon of mass destruction. (b)A person is guilty of the separate offense of terrorism if the person commits an act of violence with the intent to do either of the following: (1)Intimidate the civilian population at large, or an identifiable group of the civilian population. (2)Influence, through intimidation, the conduct or activities of the government of the United States, a state, or any unit of local government. (c)A violation of this section is a felony that is one class higher than the offense which is the underlying act of violence, except that a violation is a Class B1 felony if the underlying act of violence is a Class A or Class B1 felony offense. A violation of this section is a separate offense from the underlying offense and shall not merge with other offenses. (d)All real and personal property of every kind used or intended for use in the course of, derived from, or realized through an offense punishable pursuant to this Article shall be subject to lawful seizure and forfeiture to the State as set forth in G.S. 14-2.3 and G.S. 14-7.20. However, the forfeiture of any real or personal property shall be subordinate to any security interest in the property taken by a lender in good faith as collateral for the extension of credit and recorded as provided by law, and no real or personal property shall be forfeited under this section against an owner who made a bona fide purchase of the property, or a person with rightful possession of the property, without knowledge of a violation of this Article. (e)Any person whose property or person is injured by reason of a violation of this section may sue for and recover treble damages, costs, and attorneys’ fees pursuant to G.S. 1-539.2D. History: History.2012-38, s. 1; 2015-215, s. 2.