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N.C. Gen. Stat. § 14-277.4

Obstruction of health care facilities

Applied in 3 court decisions — leading case Hoffman v. Hunt (1997)

Most recently applied in Sharon Hoffman Trudie Matthews Diane Hoefling Ronnie Wallace, Reverend John Bradley, Reverend v. James B. Hunt, Jr., Governor State of North Carolina, and D.R. Stone Charlotte-Mecklenburg Police Department United States of America, American Medical Women's Association Feminist Majority Foundation Medical Students for Choice National Abortion and Reproductive Rights Action League National Center for Pro Choice Majority National Organization for Women National Women's Law Center Women's Legal Defense Fund American Civil Liberties Union of North Carolina Legal Foundation, Incorporated American Civil Liberties Union Planned Parenthood of the Triad, Incorporated Planned Parenthood of the Southern Piedmont and Carolina Mountains, Incorporated United States Justice Foundation North Carolina Family Policy Council Focus on the Family Family Research Counsel Planned Parenthood Federation of America, Incorporated National Abortion Federation, Amici Curiae. Sharon Hoffman Trudie Matthews Diane Hoefling Ronnie Wallace, Reverend John Bradley, Reverend v. United States of America, and James B. Hunt, Jr., Governor State of North Carolina D.R. Stone Charlotte-Mecklenburg Police Department, Planned Parenthood Federation of America, Incorporated American Medical Women's Association Feminist Majority Foundation Medical Students for Choice National Abortion and Reproductive Rights Action League National Abortion Federation National Center for Pro Choice Majority National Organization for Women National Women's Law Center South Carolina National Organization for Women Women's Law Project Women's Legal Defense Fund American Civil Liberties Union of North Carolina Legal Foundation, Incorporated American Civil Liberties Union Planned Parenthood of the Triad, Incorporated Planned Parenthood of the Southern Piedmont and Carolina Mountains, Incorporated United States Justice Foundation North Carolina Family Policy Council Focus on the Family Family Research Council, Amici Curiae. Sharon Hoffman Trudie Matthews Diane Hoefling Ronnie Wallace, Reverend John Bradley, Reverend v. United States of America, and James B. Hunt, Jr., Governor State of North Carolina D.R. Stone Charlotte-Mecklenburg Police Department, Planned Parenthood Federation of America, Incorporated American Medical Women's Association Feminist Majority Foundation Medical Students for Choice National Abortion and Reproductive Rights Action League National Abortion Federation National Center for Pro Choice Majority National Organization for Women National Women's Law Center South Carolina National Organization for Women National Women's Law Center South Carolina National Organization for Women Women's Law Project Women's Legal Defense Fund American Civil Liberties Union of North Carolina Legal Foundation, Incorporated American Civil Liberties Union Planned Parenthood of the Triad, Incorporated Planned Parenthood of the Southern Piedmont and Carolina Mountains, Incorporated United States Justice Foundation North Carolina Family Policy Council Focus on the Family Family Research Council, Amici Curiae (September 1997)

1993, c. 412, s. 1; 1994, Ex

(a) No person shall obstruct or block another person's access to or egress from a health care facility or from the common areas of the real property upon which the facility is located in a manner that deprives or delays the person from obtaining or providing health care services in the facility.

(b) No person shall injure or threaten to injure a person who is or has been:

(1) Obtaining health care services;

(2) Lawfully aiding another to obtain health care services; or

(3) Providing health care services.

(c) A violation of subsection (a) or (b) of this section is a Class 2 misdemeanor. A second conviction for a violation of either subsection (a) or (b) of this section within three years of the first shall be punishable as a Class 1 misdemeanor. A third or subsequent conviction for a violation of either subsection (a) or (b) of this section within three years of the second or most recent conviction shall be punishable as a Class I felony.

(d) Any person aggrieved under this section may seek injunctive relief in a court of competent jurisdiction to prevent threatened or further violations of this section. Any violation of an injunction obtained pursuant to this section constitutes criminal contempt and shall be punishable by a term of imprisonment of not less than 30 days and no more than 12 months.

(e) This section shall not prohibit any person from engaging in lawful speech or picketing which does not impede or deny another person's access to health care services or to a health care facility or interfere with the delivery of health care services within a health care facility.

(f) "Health care facility" as used in this section means any hospital, clinic, or other facility that is licensed to administer medical treatment or the primary function of which is to provide medical treatment in this State.

(g) "Health care services" as used in this section means services provided in a health care facility.

(h) Persons subject to the prohibitions in subsection (a) of this section do not include owners, officers, agents, or employees of the health care facility or law enforcement officers acting to protect real or personal property.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.