Beginning December 1, 2025, a new North Carolina law will provide enhanced protections for employees, agents, and contractors who work for utility and communications providers—including those employed by local governments and public authorities. Under an amendment to G.S. 14-33(b), a person who assaults one of these workers “while the worker is discharging or attempting to discharge official duties” may be charged with a Class 1 misdemeanor, a more serious offense than standard simple assault. See S.L. 2025-71.
Although the statute applies to workers across private, cooperative, and public organizations, this post focuses on the implications for government utilities, specifically, local governments and public authorities providing water, wastewater, electric, natural gas, and broadband.
Which Government Entities Are Covered?
The amended law applies to a utility or communications worker who is “an employee of, agent of, or under contract with an organization, entity, or company, whether State-created or privately, municipally, county, or cooperatively owned.”
This language clearly includes municipal and county-owned utilities. However, there is some uncertainty when it comes to public authorities, such as water and sewer authorities, sanitary districts, metropolitan districts, and county water and sewer districts.
The statute does not mention these entities explicitly. It does refer to “State-created” organizations, which could be read to include public authorities. But the subsequent phrase, “privately, municipally, county, or cooperatively owned,” might be interpreted as limiting the scope of coverage to only those specific ownership structures.
In short, the statute is somewhat ambiguous. There seems to be a legislative intent to extend protections broadly to utility and communications workers in both the public and private sectors, including those working for or on behalf of public authorities. But because the law stops short of clearly naming state-created public authorities, the application remains a gray area.
Public authorities should consult with their legal counsel to determine how the law applies in their specific context. Until further guidance is provided through legislation or judicial interpretation, entities may want to proceed under the assumption that the protections likely apply, but remain cautious and seek legal input.
Which Employees are Covered?
The law applies to “a utility worker or communications worker who is discharging or attempting to discharge official duties.” This includes employees, agents, and contractors of entities that provide:
- Electric, gas, water, or wastewater services (utility workers), or
- Telecommunications or Internet/broadband access service (communications workers).
In the context of local government operations, this likely covers utility lineworkers, broadband technicians, meter readers, plant operators, public works crews, administrative and billings and collections staff, and other field staff working directly for or under contract with a government utility.
Identification Requirement
To trigger the enhanced penalty, the worker must be readily identifiable as being on duty. The statute defines that term as follows:
“For purposes of this subdivision, the term ‘readily identifiable as a worker’ shall be construed to include the worker wearing, at the time of the assault, a uniform, hat, or other outerwear bearing the logo of the utility or communications company for which the worker is an employee of, agent of, or under contract with.”
Local governments should ensure that utility and communications workers, whether employees or contractors, are equipped with clearly marked clothing or gear that meets this requirement while on duty.
What Counts as Assault?
North Carolina law does not define assault in statute. Instead, courts apply the common law definition. The North Carolina Supreme Court explained in State v. Mitchell, 358 N.C. 63 (2004):
“[A]n assault is an overt act or an attempt, or the unequivocal appearance of an attempt, with force and violence, to do some immediate physical injury to the person of another, which show of force or menace of violence must be sufficient to put a person of reasonable firmness in fear of immediate bodily harm.”
In other words, the law applies to both physical attacks and credible threats that place the worker in fear of immediate harm.
What Should Local Governments Do?
This new law reflects the essential public service utility and communications workers provide, and the risks they may face while doing that work in the field. To prepare for the law’s effective date, local governments and public authorities may want to:
- Ensure that field workers and contractors are clearly identifiable by wearing outerwear with the utility’s logo, as required by statute.
- Review safety protocols and incident response procedures.
- Inform supervisors, frontline staff, and contractors about the new protections and what they mean in practice.
By taking these proactive steps, local governments can help protect their utility and communications staff and reinforce the importance of maintaining a safe environment.
