On Tuesday afternoon, the full North Carolina House of Representatives will consider the Political Terrorism Prevention Act (SB 13), intended to protect free speech and civil discourse by imposing strict penalties for politically motivated violence. The legislation was introduced earlier in the day on Tuesday and it follows the shooting death of conservative activist and founder of Turning Point USA, Charlie Kirk, on Sept 10th. Bill sponsors point to a nationwide rise in acts of political violence and proclaim North Carolina’s commitment to protecting open debate and peaceful political engagement. 

“Charlie Kirk was murdered because of his beliefs,” House Majority Leader Rep. Brenden Jones, R- Columbus in a press release. “That is political terrorism in its rawest form. This law makes crystal clear: if you target someone because of their politics in our state, we will throw the book at you and then some.”

SB 13 defines politically motivated violence as any criminal offense committed against an individual because of their political beliefs, affiliations, candidacy, voting history, advocacy, or lawful political expression. The bill also includes a “Charlie Kirk” clause, which states that politically motivated murder can serve as an aggravating factor in death penalty proceedings. 

“Politically motivated violence is not merely criminal, it is an attack on the 24 First Amendment, on civil society, and on the American way of life…” reads the bill. 

The proposed legislation introduces sentence enhancements for politically motivated crimes. Offenders would become ineligible for parole, early release, or sentence reduction, and politically motivated felonies would be elevated by one class level, according to a press release from Speaker Destin Hall’s office, R-Caldwell. Additionally, Class A felonies committed with political motivation, even if not otherwise capital offenses, would become death penalty-eligible.

Procedurally, the bill requires that indictments allege political motivation as a special sentencing factor, and such motivation may be proven through direct or circumstantial evidence, including statements, manifestos, affiliations, or targeting patterns, according to Hall’s office. A new structured sentencing aggravating factor would be explicitly added for politically motivated violence. Political motivation would be required in the notice of intent to seek the death penalty and could be considered at sentencing, even if the defendant enters a guilty plea.

District attorneys would have to alert the North Carolina attorney general in politically motivated cases, and the attorney general could appoint a special prosecutor if asked. Victims and relatives could deliver impact statements at any stage of the case.

The North Carolina House is due to convene Tuesday afternoon to consider the legislation.