Political Terrorism Prevention Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 3
SENATE BILL 13
Commerce and Insurance Committee Substitute Adopted 2/4/25
House Committee Substitute Favorable 9/23/25

Short Title: Political Terrorism Prevention Act. (Public)
Sponsors:
Referred to:
January 30, 2025
*S13-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO ENHANCE CR IMINAL PENALTIES FOR POLITICALLY MOTIVAT ED 2
ACTS OF VIOLENCE. 3
Whereas, a functioning democracy depends on the ability of citizens to engage in 4
public discourse through protest, debate, advocacy, and speech, without fear of retribution or 5
violence; and 6
Whereas, political rhetoric, heated debate, and passionate disagreement are part of the 7
American tradition, but violence in response to those ideas is not; and 8
Whereas, elected officials, public servants, campus speake rs, political candidates, 9
journalists, and everyday citizens have increasingly become the targets of threats, harassment, 10
and physical attacks simply for expressing political views; and 11
Whereas, public campuses, political rallies, and social media platforms have become 12
modern battlegrounds for ideological suppression, where disagreement is met not with argument, 13
but with intimidation and, at times, acts of violence; and 14
Whereas, recent years have seen a disturbing rise in politically motivated violent acts, 15
including the attempted assassination of Congressman Steve Scalise in 2017, the attempted 16
assassination of Justice Brett Kavanaugh in 2022, the multiple assassination attempts on 17
President Donald J. Trump in 2024, as well as the arson attack on Governor Shapiro's Residence 18
in Pennsylvania, the assassination of Minnesota State Rep. Melissa Hortman, and most recently, 19
the horrific and public assassination of Charlie Kirk in 2025; and 20
Whereas, these attacks are not random, but intentional efforts to silence s peech, 21
suppress dissent, and enforce ideological conformity through terror; and 22
Whereas, politically motivated violence is not merely criminal, it is an attack on the 23
First Amendment, on civil society, and on the American way of life; and 24
Whereas, the Stat e of North Carolina reaffirms its unwavering commitment to the 25
principles of free expression, civil dialogue, and peaceful political engagement; and 26
Whereas, it is the duty of this General Assembly to protect its citizens, its public 27
servants, and its democratic institutions from those who would use violence to silence political 28
beliefs; Now, therefore, 29
The General Assembly of North Carolina enacts: 30
SECTION 1. G.S. 15A-101 reads as rewritten: 31
"§ 15A-101. Definitions. 32
Unless the context clearly requires otherwise, the following words have the listed meanings: 33
… 34
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 13-Third Edition
(6a) Politically Motivated Act of Violence. – Any act that constitutes a criminal 1
offense under North Carolina law in which the offender intentionally targets, 2
harms, threatens, or attempts to harm another person, in whole or in part, 3
because of the victim 's real or perceived political beliefs, viewpoints, 4
affiliations, party membership, advocacy, candidacy for public office, voting 5
history, participation in lawful political demonstrations, or publi c expression 6
on political issues. 7
…." 8
SECTION 2. G.S. 15A-1340.16(d) reads as rewritten: 9
"(d) Aggravating Factors. – The following are aggravating factors: 10
… 11
(15a) The offense was a politically motivated act of violence as defined in 12
G.S. 15A-101. The existence of this aggravating factor shall not limit the State 13
from alleging other aggravating factors under G.S. 15A-1340.16. 14
…." 15
SECTION 3. Article 81B of Chapter 15A of the General Statutes is amended by 16
adding a new section to read: 17
"§ 15A-1340.16H. Politically motivated violence sentence enhancement. 18
(a) If a person is convicted of a felony offense, and the court or trier of fact finds that the 19
offense was a politically motivated act of violence, then all of the following apply: 20
(1) The person shall be sentenced at a felony class level one class higher than the 21
principal felony for which the person was convicted. 22
(2) The offender shall be ineligible for parol e, early release, or any form of 23
sentencing reduction. 24
(b) Political motivation may be proven by direct or circumstantial evidence, including 25
statements, manifestos, affiliations, or targeting patterns. 26
(c) An indictment or information for the felony shall allege in that indictment or 27
information the facts that qualify the offense for an enhancement under this section. One pleading 28
is sufficient for all felonies that are tried at a single trial. 29
(d) The State shall prove the issues set out in subsection (a) of this section beyond a 30
reasonable doubt during the same trial in which the de fendant is tried for the felony unless the 31
defendant pleads guilty or no contest to the issues. If the defendant pleads guilty or no contest to 32
the felony but pleads not guilty to the issues set out in subsection ( a) of this section, then a jury 33
shall be impaneled to determine the issues." 34
SECTION 4. G.S. 15A-2000(e) reads as rewritten: 35
"(e) Aggravating Circumstances. – Aggravating circumstances that may be considered are 36
limited to the following: 37
… 38
(13) The capital felony was committed against a victim be cause of the victim 's 39
political beliefs, public political activity, candidacy for office, or affiliation 40
with a political movement, and the act was committed to silence, intimidate, 41
or retaliate against political expression." 42
SECTION 5. G.S. 15A-2004(b) reads as rewritten: 43
"(b) A sentence of death may not be imposed upon a defendant convicted of a capital 44
felony unless the State has given notice of its intent to seek the death penalty. Notice of intent to 45
seek the death penalty shall be given to the defen dant and filed with the court on or before the 46
date of the pretrial conference in capital cases required by Rule 24 of the General Rules of 47
Practice for the Superior and District Courts, or the arraignment, whichever is later. If the State 48
alleges political motivation under G.S. 15A-2000(e)(13), that aggravating circumstance shall be 49
included in the notice of intent to seek the death penalty and may be considered during capital 50
sentencing pursuant to G.S. 15A-2000, even if the defendant pleads guilty. A cou rt may 51
General Assembly Of North Carolina Session 2025
Senate Bill 13-Third Edition Page 3
discipline or sanction the State for failure to comply with the time requirements in Rule 24, but 1
shall not declare a case as noncapital as a consequence of such failure. In addition to any 2
discipline or sanctions the court may impose, the court sha ll continue the case for a sufficient 3
time so that the defendant is not prejudiced by any delays in holding the hearing required by Rule 4
24." 5
SECTION 6. Article 3A of Chapter 114 of the General Statutes is amended by 6
adding a new section to read: 7
"§ 114-11.7. Special prosecutor and Attorney General notice. 8
(a) The district attorney shall notify the Attorney General in any case involving a 9
politically motivated act of violence as defined in G.S. 15A-101. 10
(b) Upon request of the district attorney, the Attorney General may assign a special 11
prosecutor to any case involving a politically motivated act of violence as defined in 12
G.S. 15A-101. 13
(c) In addition to any rights conferred by the Crime Victims ' Rights Act, Article 46 of 14
Chapter 15A of the General Statutes, the victim, or next of kin, shall be permitted to present an 15
impact statement during any phase of a criminal proceeding based on a politically motivated act 16
of violence as defined in G.S. 15A-101." 17
SECTION 7. If any provision of this act or its application is held invalid, the 18
invalidity does not affect other provisions or applications of this act that can be given effect 19
without the invalid provisions or application and, to this end, the provisions of this a ct are 20
severable. 21
SECTION 8. This act becomes effective December 1, 2025, and applies to offenses 22
committed on or after that date. 23