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HB 1008

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2026 Regular Session Introduced by Jim Maggiore and 1 co-sponsor

HB 1008 raises penalties for sexual battery and stalking when a local public official commits them against a fellow board member or board employee, elevating to a Class H felony.

Minority Committee Report: Ought to Pass with Amendment # 2026-0149h
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Bill Summary · HB 1008

Summary — HB 1008: Stalking / Enhanced Penalties

Status: Passed first reading
Introduced: November 12, 2024
Primary subject areas: Crimes; Sex offenses; Sentencing; Public officials; Local government; Boards; Courts; Personnel

Purpose / Intent

The bill increases criminal penalties for two existing offenses — sexual battery and stalking — when the offender is a local government elected official and the victim is (a) a fellow member of the same governing board or (b) a subordinate employee of that governing board. The stated intent is to recognize and deter misconduct that exploits official authority or workplace relationships within local governing bodies.

Key provisions

  • Amends G.S. 14‑27.33 (Sexual battery):
    • Sexual battery remains the base offense described in statute.
    • If the offense is committed while the perpetrator is serving as a public official (per G.S. 14‑234.3) and the victim was serving on the same governing board or employed by that governing board at the time, the offense is elevated from a Class A1 misdemeanor to a Class H felony.
  • Amends G.S. 14‑277.3A (Stalking):
    • Retains existing definitions, offense elements, and general classifications (Class A1 misdemeanor as base; repeat offenses and violations of court orders already subject to elevated felony-level penalties).
    • Adds that a stalking offense committed by a public official (as defined in G.S. 14‑234.3) against a victim who was a fellow governing-board member or a governing-board employee at the time is a Class H felony.
  • Effective date / application: The act becomes effective December 1, 2025, and applies to offenses committed on or after that date.

Who is affected

  • Primary: elected local government officials (subject to elevated penalties if they commit qualifying acts); members of local governing boards; employees of local governing boards who may be victims.
  • Secondary: prosecutors and courts (who will handle cases with new felony charging options); local governments (workplace culture and liability concerns); victims (potentially greater criminal accountability, evidentiary and charging implications).
  • No changes in civil-removal or employment‑discipline processes are specified in the text.

Procedural / timeline notes

  • Introduced Nov 12, 2024; recorded as passed first reading.
  • Becomes operative Dec 1, 2025 for offenses occurring on or after that date.
  • The bill modifies two existing North Carolina criminal statutes (G.S. 14‑27.33 and G.S. 14‑277.3A) to create a statutory aggravating circumstance tied to public‑office status and workplace relationships.

Note: The bill elevates specified misconduct by public officials to a higher felony class (Class H), increasing potential criminal exposure under North Carolina sentencing structure; it does not itself change definitions of “public official” (it references G.S. 14‑234.3).

Compiled from official sources — confirm details with the bill’s official record.

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