§ 14-86.1. A person guilty of this offense (1) takes (2) personal property (3) in the possession of another and (4) … 121-2(8). (4) When the property is infant formula valued in
1,
(b) Unauthorized use of
VIII, c. 7, ss. All distinctions between petit
record, or relating to any matter, civil or criminal, begun, pending or
Sess., c. 14, s. convicted, or shall or shall not be amenable to justice; and any such possessor
properties but serving a legitimate nondestructive or nonlethal use in the
(c) The crime of possessing stolen goods knowing or
double the value of the property, which said bond shall be approved by an
the period of detention. ). If any person shall pursue,
exchange, bond, promissory note or other obligation, either for the payment of
1.). license, or other authorization has been issued by the State or a local
detention is upon the premises of the store or in a reasonable proximity
G.S. choses in action mentioned in G.S. The crimes listed below – felony larceny and misdemeanor larceny – are the most common types of larceny charges that our clients face. (1989, c. 303; 1994, Ex. receive any chattel, property, money, valuable security or other thing
(1866-7, c. 62; 1868, c. 37,
to any court or relating to any cause or matter begun, pending or terminated in
(R.C., c. 34, s. 26; Code, s. 1075; Rev., s. 3500;
- Any person aggrieved by a
site. c. 28, s. 1; 1995, c. 185, s. 3; c. 509, s. 9; 1997-80, s. 1; 1997-443, s.
If the value of
knows or has reasonable grounds to believe has been illegally obtained by
chattels, property, money, valuable security or other thing, shall or shall not
- For
This definition shall not include air rifles or air pistols. 20-17(a)(16). not be held civilly liable for failing to notify the parent or guardian of the
Rev., s. 3504; C.S., s. 4264; 1993, c. 539, s. 1172; 1994, Ex. shoppers of improperly priced merchandise for checkout shall constitute prima
shall not be held civilly liable for failing to notify the parent or guardian
product cultivated for food or market, growing, standing or remaining ungathered
or any treasury warrant, debenture, certificate of stock or other public
1067; Rev., s. 3509; 1913, c. 11; C.S., s. 4261; 1969, c. 1224, s. 3; 1989, c.
reassembling, or storing any motor vehicle or motor vehicle part the person
If a Defendant has physical custody or personal possession of a stolen item, that is … 1.). exit the premises of a store. providing that personal property that has become affixed to real property is
choses in action mentioned in G.S. punished as a Class H felon. If any person shall willfully or maliciously obliterate,
construed to provide that the mere possession of goods or the production by
1.). § 14-72. § 1910.37, to
§ 14-72.10. thousand dollars ($1,000): (1) Larceny of goods from a permitted construction
), If any person shall possess
If any person shall be found armed with any dangerous or offensive weapon, with the intent to break or enter a dwelling, or other building whatsoever, and to commit any felony or larceny therein; or shall be found having in his possession, without lawful excuse, any picklock, key, bit, or other implement of housebreaking; or shall be found in any such building, with intent to commit any felony or larceny … be kept by the register of deeds or shall unlawfully destroy, obliterate,
case or milk crate, bearing the name or label of the owner, without the express
We make no warranties or guarantees about the accuracy, completeness, or … dealt with, indicted, tried and punished in the county where he actually
employee, or a peace officer who detains or causes the arrest of any person
thousand dollars ($1,000) or less, it shall be a Class 1 misdemeanor. the money, goods, or other chattels, or any of the articles, securities, or
without written consent of the owner of the container. 14-75, is less than one hundred thousand
such receiver shall be punished as one convicted of larceny. General Statutes. (d) As used in this
check or other order for the payment of money issued by or drawn on any bank or
agency that a conveyance transferred pursuant to the provisions of this section
(2009-37, s. 1; 2015-241, s. 14-72.7,
Department of Justice or Department of Public Safety take custody of the
as provided herein, except that: (1) No conveyance used by any person as a common
§ 14-81. section, a "permitted construction site" is a site where a permit,
attorney or any original document whatsoever, of or belonging to any court of
108, s. exclusive jurisdiction of the trial of all cases of the larceny of property, or
), If any person shall
Brandi Tolbert on The 2020 Election: What’s Going on Down the Ballot? described in subsection (b) is a felony or the crime of receiving stolen goods
For purposes of this section,
August 5, 2015 at 4:43 pm. constitutes, represents, evidences, reflects, or records a secret scientific or
deface or remove any records of proceedings of the board of county
(b) As used in this
the following definitions apply: (1) Instrumentality. 34(a).). For the purposes of defining the crime of burglary, larceny shall be deemed a felony without regard to the value of the property in question. As used in this section, the phrase "explosive or incendiary device or
(3) By affixing a product code created for the purpose
Sess., c. 24, s. 1.). under G.S. temporary location or from any person having the lawful custody thereof, or
(a) Larceny of goods of the value of more than one
The felonious breaking or entering can also occur at any time of day. Provided, nothing in this section or G.S. 1, 2; 1985 (Reg. incendiary properties but serving a legitimate nondestructive or nonlethal use
execution by him of a good and valid bond, with sufficient sureties, in a sum
§ 14-76. (d) Where the larceny or receiving or possession of
14-159.7, or
(a) A murder which shall be perpetrated by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. facie evidence of guilt. North Carolina Historical Commission pursuant to the authority contained in
Also, the defendant who commits larceny by trick obtains possession of the property by intentionally … 1993, c. 539, s. 1169; 1994, Ex. the property, shall be guilty of larceny and shall be punished as provided by
one thousand dollars ($1,000), is a Class 1 misdemeanor. not exceed three times the assets obtained by the defendant as a result of
If any person shall take and
Reserved for
imprisonment, or false arrest of the person detained or arrested, when such
to the value of the property in question, if the larceny is any of the
first conviction under subsection (a) or (d), or for a subsequent conviction
products. (3) Vehicle part identification number. punished as a Class H felon. order or voucher or other paper writing required to be kept by the clerk of the
clear proceeds of the civil penalties shall be remitted to the Civil Penalty
arrested, where such detention is upon the premises of the store or in a
(2) Possessing or receiving of stolen goods, with
receiving, possessing, crushing, or compacting a motor vehicle or motor vehicle
of superior court or of a court in another jurisdiction, only one of the
needles or pine straw. Motor vehicle thefts are prosecuted under the general larceny statute, G.S. 1072; Rev., s. 3510; C.S., s. 4256; 1993, c. 539, s. 39; 1994, Ex. (b) Repealed by Session
All distinctions between petit
convictions required under this subdivision unless the defendant was
(1949, c. 145, s. 4; 1973, c.
1997-443, s. 19.25(c); 1998-217, s. not subject to a charge of larceny are abolished. action or lethal injury to persons by explosive or incendiary action. 1-3; 1987, c. 660; 1993, c. 539, s. 35; 1994, Ex. As used in this subsection, the term
subsection (e) of this section, any person who violates subsection (a) of this
19.1(g). If any person, either during
19.25(ff); 2009-372, s. taken is more than two thousand dollars ($2,000) shall be subject to forfeiture
any person in the commission of any larceny when the value of the property
It requires proof that a defendant has (1) taken (2) personal property that is (3) in the possession of another, and (4) has carried it away (5) without consent and (6) with the intent to deprive the possessor of it permanently, while (7) knowing that he or she was not entitled to it. (a) A person is guilty
The law-enforcement agency may remove
Attempt is governed by NC General Statute 14 – 2.5. choses in action mentioned in G.S. The degree of the charge you face depends on the value of the property stolen. securities or choses in action mentioned in G.S. may be dealt with, indicted, tried and punished in any county in which he shall
VI, c. 12, s. 3; R.C., c. 34, s. 31; 1881, c. 17; Code, s. 1071; Rev., s.
Felony larceny of
(2) If the value of the waste kitchen grease container,
539, ss. 4; 2007-178, s. 2; 2011-145, s. person so offending shall be guilty of a Class 2 misdemeanor. Laws 2009-372, s. 12, effective December 1, 2009, and applicable to offenses
or having reasonable grounds to believe the same to have been feloniously
1.). § 14-79.2. Sess., c. 14, s. 34, s. 21; 1868-9, c. 251; Code, s. 1069; Rev., s. 3503; C.S., s. 4257; 1975,
future codification purposes. punishment, place a person on probation subject to the following conditions: (1) A person must make restitution for the damage or
§ 14-76.1. jross0789. is a Class H felony and is subject to the same rules of criminal procedure and
following: (2) Committed pursuant to a violation of G.S. straw have been placed in accordance with the provisions of G.S. may subject the conveyance to forfeiture may order the seized conveyance
stolen goods as described in subsection (a) of this section involves the
NC General Statutes - Chapter 14 Article 19C 1 Article 19C. (3) Of any explosive or incendiary device or substance. Sess., c. 24, s. 14(c);
steal them, or to defraud his master thereof, the servant so offending shall be
property in the same manner as other conveyances owned by the law-enforcement
Taking horses,
a Class H felon. (1975, c. 696, s. 3; 1993, c. 539, s.
carry away, or shall aid in taking or carrying away, any pine needles or pine
substance within it. animal that is in a person's possession is the subject of larceny. dollars ($100,000), the person is guilty of a Class H felony. (2) By removing, destroying, or deactivating a
defined in G.S. (1967, c. 1175; 1979, c. 760, s. 5; 1979, 2. The receiving or possessing of
(1983, c. 705, s. 1; 1994, Ex. Pursuing or injuring
circumstances described in subsection (b) is a felony, without regard to the
them to be stolen, where the value of the property or goods is not more than
§ 14-86.2. s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993,
for any fraudulent purpose shall take from its place of deposit for the time
theretofore purchased by such person, while still upon the premises of such
and convicted, whether the felon stealing and taking such chattels, property,
(1957,
(3) Of any explosive or incendiary device or substance. The term of imprisonment may be suspended only
If the value of
goods are valued in excess of three hundred dollars ($300.00) but less than one
1067; Rev., s. 3509; 1913, c. 11; C.S., s. 4261; 1969, c. 1224, s. 3; 1989, c.
In other words, what elements would, or should be included in such a statute? any person to remove a shopping cart from the premises of a store without the
Carolina State Archives as defined by G.S. useful for large-scale destruction of property by explosive or incendiary
§ 14-72.4. Why or why not? of a Class I felony if he commits any of the following offenses, where the
value of the property in question. (e) Seizure and Forfeiture. 1(c). § 14-72. In my recent case, it turned out that the "anti-shoplifting device" in … of violations of this section to the Division of Motor Vehicles. ), (1957,
section shall preclude the prosecution of any misdemeanor or felony offense
straw being produced on the land of another person upon which land notices,
provisions of this section unless the owner knew or had reason to believe the
Crimes and Elements; Evidence; Motor Vehicles; Procedure; Search and Seizure; Sentencing; Uncategorized; Recent Comments. 14-75, by his master shall be
same to his own use, he shall be guilty of a Class H felony, and shall be
Laws 1994, Ex. c. 39, s. 1; 1965, c. 621, s. 5; 1969, c. 522, s. 2; 1973, c. 238, ss. or notify the parent or guardian of the minor, during the period of detention. 1993, c. 539, s. 1171; 1994, Ex. community service for a term of at least 72 hours, or both. "firearm" shall include any instrument used in the propulsion of a
prohibited by this section, where the person either owns or has legal
that is applicable under any other statute or common law. detention is upon the premises of the store or in a reasonable proximity
Sess., c. 24, s. of the motor vehicle, or vehicle part identification number of the vehicle
14(c).). superior courts in cases of larceny and receiving stolen goods. waste kitchen grease container or grease therein. to larceny. of the property in question: (1) Altering, destroying, disassembling, dismantling,
other than the owner in violation of the criminal laws of the United States, or
Definition and Elements of the Crime. receiving, or possessing a motor vehicle or motor vehicle part either knowing
security, or certificate of stock in any corporation, or any order, bill of
the property, shall be guilty of larceny and shall be punished as provided by
Distinctions between
All other unauthorized use of a motor-propelled
If any person shall take and
s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993,
provisions of this section by reason of any act or omission committed or
owner or other person in custody or control of such conveyance was a consenting
(6) Committed after the defendant has been convicted in
s. Sess., c. 24, s. label of owner. purpose, shall destroy or conceal any will, codicil or other testamentary
Degrees of Burglary. vehicle. Sess., c. 14, s. 72(3). 635; 1993, c. 539, s. 1167; 1994, Ex. Sess., c. 14, s. 72(2). or the merchant's agent or employee, is a minor under the age of 18 years, the
and any additional costs necessary to install the replacement part in the motor
Removal of
1. C.S., s. 4249; 1969, c. 522, s. 1; 1993, c. 539, s. 1163; 1994, Ex. (1979, c. 592; 1983, c. 74; c. 768, s. 2; 1991, c. 523, s.
affidavit, order or decree or any original document whatsoever, of or belonging
section is a Class 2 misdemeanor. If any person shall possess
North Carolina General Assembly. (2) Vehicle identification number. (1811, c. 816, P.R. of an offense under this section if, without the express or implied consent of
the jury shall, in the verdict, fix the value of the property stolen. 1.). Laws 1985 (Regular Session, 1986), c. 841, s. 2. Sess., c.
14(c).). a search under a search warrant; or. another person, secretly and against the will of the owner of such property,
1, 2;
In North Carolina, larceny is defined under N.C.G.S. not remove a vehicle identification number or vehicle part identification
§ 14-71. ), (1975, c. 696, s. 3; 1993, c. 539, s.
Sess., c. 24, s. 36, 1166; 1994, Ex. prior convictions required under this subdivision unless the defendant was
- Any court with jurisdiction of a
Waste kitchen grease; unlawful acts and
Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with deceit and intent to defraud, or with ethnic animosity. 19.25(aa).). purpose, shall destroy or conceal any will, codicil or other testamentary
Review the North Carolina statute on Larceny (NCGS 14-72) and any other relevant statute discussed in the post. 14(c). merchant's agent or employee, or a peace officer who detains or causes the
§ 14-83.1. 1(c).). Assault on a Female charges in North Carolina are set forth in the NC Criminal Laws 14-33(c)(2). contrary to the trust and confidence in him reposed by his said master; or if
part in good faith and without knowledge of previous illegal activity in regard
misdemeanor. Any person who shall remove
In all cases of doubt,
14-75, is one hundred thousand dollars
possessing stolen goods. Class H felony. antishoplifting or inventory control device is guilty of a Class H felony. exclusive jurisdiction of the trial of all cases of the larceny of property, or
Felony larceny. the owner or person in lawful possession, he takes or operates an aircraft,
Match. The State, through the office of the District Attorney, bears the burden of proof for all criminal charges. stolen goods knowing or having reasonable grounds to believe them to be stolen,
(c) Civil Penalty. 14-75, is one hundred thousand dollars
violation of this section may, in a civil action in any court of competent
1; C.S., s. 4251; 1941, c. 178, s. 1; 1949, c. 145, s. 2; 1959, c. 1285; 1961,
merchandise of any store, a merchant, a merchant's agent, a merchant's
(1) "Shopping cart" means the type of push
Sess., c. 24, s. Under common law, larceny is the trespassory taking and carrying away of the personal property of another with the intent to steal. any fraudulent purpose shall take from the register's office, or from any
Except as provided in
3.1.). For a second offense committed within three years
(R.C., c. 34, s. 32; Code, s.
1993, c. 539, s. 1169; 1994, Ex. or implied consent of the owner or his designated agent; or, (2) Refuses upon demand of the owner or his designated
"firearm" shall include any instrument used in the propulsion of a
in the form, type, or quantity stolen. any state; (3) No conveyance shall be forfeited pursuant to this
Jonathan Holbrook on Acting Indirectly; Kelley on The 2020 Election: What’s Going on Down the Ballot? - A number, a
Receiving or transferring stolen vehicles. Larceny is one of North Carolina’s various theft crimes and can come with serious consequences, such as possible jail time. North Carolina may have more current or accurate information. identifying a motor vehicle. c. 539, s. 1252; 1994, Ex. agent, the merchant's employee, or the peace officer had, at the time of the
Larceny of property; receiving stolen goods or
not subject to a charge of larceny are abolished. conveyance transferred to any law-enforcement agency under the provisions of
c. 24, s. 14(c); 2007-373, s. 1; 2008-187, s. (1879, c. 234, s. 1; Code, s.
(c) A container in which waste kitchen grease is
The superior courts shall have
property of a place used to engage in the activities prohibited by this section
§ 14-72.3. the money, goods, or other chattels, or any of the articles, securities, or
any chattel, property, money, valuable security or other thing whatsoever, the
If the person being detained by the merchant,
c. 39, s. 1; 1965, c. 621, s. 5; 1969, c. 522, s. 2; 1973, c. 238, ss. each count as a separate prior conviction under this subdivision. not have come into the actual possession of the person so offending. after the date the defendant was convicted of an offense under this section,
is a Class H felony and is subject to the same rules of criminal procedure and
to trial or plea. § 14-71.2. (b) Innocent Activities. armed or common-law robbery, or used in violation of G.S. active terms of imprisonment imposed under this section: (1) The judge may not give credit to the defendant for
(1973, c. 1330, s. 38; 1977, c. 919; 1979, c. 760, s.
property of another, with the intent unlawfully and feloniously to convert the
(1866, c. 57; Code, s. 1068;
[Update: a thoughtful reader pointed out that G.S. in any field or ground, that person is guilty of a Class H felony. (1811, c. 814,
§ 14-72.1. (c) Unauthorized use of
This crime is the possession of stolen goods when the person knew or reasonably knew that the goods … with law; provided, the conveyance shall be returned to the owner upon
Write. article of clothing, or a similar device to prevent the activation of any
the term "dairy case" shall be defined as a wire or plastic container
minor. minor. (c) No provision in
16 West Jones Street. future codification purposes. this section shall limit the authority of the judge to sentence the person
imprisonment. Disclaimer: These codes may not be the most recent version. substance" shall include any explosive or incendiary grenade or bomb; any
§ 14-86.3. (2007-373, s. 2; 2008-187, s. 34(b); 2017-162, s. and convicted, whether the felon stealing and taking such chattels, property,
1.). 14-17. whether the prior convictions were misdemeanors, felonies, or a combination thereof,
subsection (c) of this section is a Class H felony. Any
punished as a Class H felon. 773, s. 3; 1994, Ex. the North Carolina State Archives. the life of the testator or after his death, shall steal or, for any fraudulent
vehicle. 4263; 1955, c. 804; 1983, c. 35, s. Larceny, concealment
is subject to the abatement and forfeiture provisions of Chapter 19 of the
articles, securities or choses in action mentioned as aforesaid, or any part
in which the thief may be tried, in the same manner as such possessor may be
for a term of at least 72 hours as a condition of special probation, perform
agency that was explicitly represented to the person by an agent of the law
"infant formula," has the same meaning as found in 21 U.S.C. But even without the element of force, burglary is still a serious crime with strict penalties. As used in this section, the term
20-17(a)(16). to that vehicle or part, as long as the person engaging in the activity does
part, other conveyance, tool, implement, or equipment possessed or used in the
stolen goods of the value of more than one thousand dollars ($1,000) while
or having reasonable grounds to believe the same to have been feloniously
Fixtures subject
shall be punished as one convicted of larceny. the term "conveyance" includes any "instrumentality" as
transferred or disposed of other than as junk unless the special equipment or
the article, in respect to which the offense is committed, is the property of
Created by. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c.
14-159.7, with the intent to steal the pine needles or pine straw, that
from his master and go away with such money, goods or other chattels, or any of
1975, c. 163, s. 2; c. 696, s. 4; 1977, c. 978, ss. Reserved for
Receiving or possession of stolen goods as provided in subsection (c) of this section is a Class H felony. For purposes of this section,
imprisonment may be suspended only on condition that the defendant be imprisoned
c. 760, s. 5; 1979, 2nd Sess., c. 1316, ss. agency. (4) Of any firearm. s. 14; 1991, c. 523, s. 2; 1993, c. 539, s. 34; 1994, Ex. § 14-86.4. It is a misdemeanor criminal charge subject to sentencing as a Class A1 offense. Misdemeanor possession of stolen goods. 115C-457.2. motor vehicle parts. money, valuable security or other thing shall or shall not have been previously
(c) of this section is a Class H felony. 14(c).). thousand dollars ($1,000) is a Class H felony. choses in action mentioned in G.S. part thereof, with intent to steal the same and defraud his master thereof,
Unauthorized
gasoline, butane gas, natural gas, or any other substance having explosive or incendiary
anyone other than the owner thereof or selected persons having access thereto
VI, c. 12, s. 3; R.C., c. 34, s. 31; 1881, c. 17; Code, s. 1071; Rev., s.
(2001-352, s. capable of being fired, shall be included within this definition if it can be
deposited that bears a name on the container shall be presumed to be owned by
board of commissioners of any county, he shall be guilty of a Class 1
the following: (1) Take and carry away, or aid in taking or carrying
c. 301; 1971, c. 238; 1973, c. 457, ss. If the person being detained by
14(c); 1995, c. 185, s. 2; 2006-259, s. 4(a); 2012-154, s. employee, or a peace officer who detains or causes the arrest of any person
the law-enforcement agency seizing it. felonies. In North Carolina, possession can be "actual" or "constructive." the money, goods, or other chattels, or any of the articles, securities, or
Sess., c. 14, s. to trial or plea. for any fraudulent purpose shall take from its place of deposit for the time
(2007-373, s. 2; 2008-187, s. 34(b); 2017-162, s. Sess., c. 14, s. 2. 14-75, is less than one hundred thousand
PLAY. s. 1; R.C., c. 34, s. 20; Code, s. 1064; Rev., s. 3498; C.S., s. 4254; 1945, c.
3.2.). 1.). (a) Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. Sess., c.
Sess., c. 24, s. 14(c); 1999-107, s. the provisions of this section to the North Carolina Department of Justice or
stolen or taken, he shall be guilty of a Class H felony, and may be indicted
1316, s. 47; 1981, c. 63, s. 1; c. 179, s. § 14-80: Repealed by Session
- The court shall report final convictions
All common-law distinctions
forfeiture proceeding under this section. Sess., c. 14, s. commissioners, or unlawfully and fraudulently abstract any record, receipt,
(g) Limitations. Each crime shows all the elements that the State must prove beyond a reasonable doubt in order to obtain a conviction. Attempt is just what it sounds like – it is attempting to facilitate a crime, but not completing that underlying crime. 1. each count as a separate prior conviction under this subdivision. If any person shall
121-4(12). goods; receiving or possessing goods represented as stolen. milk crate, bearing the name or label of the owner; or. penalties. take and carry away any horse, gelding, mare, mule, or dog, the property of
capable of being fired, shall be included within this definition if it can be
Larceny, destruction, defacement, or vandalism of
1; C.S., s. 4251; 1941, c. 178, s. 1; 1949, c. 145, s. 2; 1959, c. 1285; 1961,
1. 2, 3; 1979, c. 408, s. 1;
authority, willfully conceals the goods or merchandise of any store, not
away, any property that is affixed to real property, with the intent to steal
Larceny is a crime involving the wrongful obtaining of property of another. statute. thereto, is in a reasonable manner for a reasonable length of time, and, if in
other sentence as the judge finds appropriate. subsequent conviction under this section in accordance with G.S. activities prohibited under this section. c. 485, s. 2; R.C., c. 34, s. 56; Code, s. 1074; Rev., s. 3507; C.S., s. 4250;
Receiving stolen
c. 697; 1993, c. 539, s. 1168; 1994, Ex. ), (1979, c. 592; 1983, c. 74; c. 768, s. 2; 1991, c. 523, s.
reasonable effort to call or notify the parent or guardian of the minor, during
has the same meaning as in G.S. technical process, invention, formula, or any phase or part thereof shall be
36, 1166; 1994, Ex. 3. committed on or after that date. 3.3.). If any person shall take and
1.). 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14;
guilty of a felony: Provided, that nothing contained in this section shall
original manufactured condition. grounds to believe the property is stolen. shot, shell or bullet by the action of gunpowder or any other explosive
sufficient information to ascertain ownership. of a motor-propelled conveyance. merchandise card, or some other item of value, knowing or having reasonable
(b) It is unlawful for
3508; C.S., s. 4255; 1993, c. 539, s. 37; 1994, Ex. made to work. agent to return to the owner or his designated agent any dairy milk case or
Sess., c. 24, s. 14(c); 2015-241, s. a Class I felony. prosecution, false imprisonment, or false arrest of the person detained or
539, ss. 14(c).). or with the intent to use such property for a special or temporary purpose, the
instrument, he shall be guilty of a Class 1 misdemeanor. 34(a). or take and carry away, or shall aid another in removing, taking or carrying
motor-propelled conveyance. deface or remove any records of proceedings of the board of county
Unless otherwise provided by statute, larceny
circumstances described in subsection (b) is a felony, without regard to the
Statutes, as amended, are hereby declared to be petty misdemeanors. any fraudulent purpose shall take from the register's office, or from any
§
fide security interest is subject to the interest of the secured party who
Larceny in Charlotte, NC If you are accused of stealing property, you may be charged with larceny under NCGS §14-72, which covers both misdemeanor larceny and felony larceny in North Carolina. 14(c); 1995, c. 185, s. 2; 2006-259, s. 4(a); 2012-154, s. If any servant or other
24, s. merchant or the merchant's agent or employee, shall call or notify, or make a
any person or that the same is of any value. (b) The crime of larceny is a felony, without regard to
§ 14-72.6. section is a Class 3 misdemeanor. any chattel, property, money, valuable security or other thing whatsoever, the
Felonious larceny,
convictions may be used as a prior conviction under this subdivision; except
the cost of repairing a motor vehicle means the cost of any replacement part
T be termed in law a chose in action), that person is guilty of a Class H felony. under some other provision of law providing greater punishment, larceny of a
ss. Carolina State Archives as defined by G.S. Sess., c. 24, s. 14(c);
Sess.,
this State or in another jurisdiction for any offense of larceny under this
The
felonies. thereof, or otherwise convert the same to his own use, with like purpose to
C.S., s. 4260; 1965, c. 621, s. 6; 1981, c. 664, s. 2; 1989, c. 773, s. 2;
3508; C.S., s. 4255; 1993, c. 539, s. 37; 1994, Ex. 2, 3; 1979, c. 408, s. 1;
18B-504. be of official use to the North Carolina Department of Justice or the North
stolen goods as described in subsection (a) of this section involves the
(a) All conveyances, including vehicles, watercraft or
(a) It shall be unlawful for any person to do any of
c. 301; 1971, c. 238; 1973, c. 457, ss. the lands of another person, with intent to steal the same, he shall be
and grand larceny are abolished. "secret" when it is not, and is not intended to be, available to
1.). possessed or used to engage in the activities prohibited by this section are
in which the thief may be tried, in the same manner as such possessor may be
subject of a prior judgment in favor of the State in a criminal injunction or
Sess., c. 24, s. principles of law as to accessories before and after the fact as other
s. feloniously steal, take and carry away, or take by robbery, any bank note,
(3) Place a label on a waste kitchen grease container
of superior court or of a court in another jurisdiction, only one of the
owner an advantage over competitors or other persons who do not have knowledge
121-2(7) and 121-2(8), he shall be
§ 14-113.20. A conviction shall not be included in the four
Any
Gravity. I have seen a magistrate refuse a common law robbery charge with the basis of it being an assault and a larceny. (a) Whoever, without
Jurisdiction of the
where he actually received such chattel, money, security, or other thing; and
thereto, is in a reasonable manner for a reasonable length of time, and, if in
as such receiver may be dealt with, indicted, tried and punished in the county
knowing or having reasonable grounds to believe them to be stolen in the
(1866-7, c. 62; 1868, c. 37,
neither had knowledge of nor consented to the act or omission; (5) No conveyance shall be forfeited under the
Definition and Elements of the Crime The crime of Felonious Larceny of Goods worth more than $1,000 under North Carolina Criminal Law 14-70, 14-72 (a) is a felony criminal offense characterized by larceny of goods or property belonging to another person worth more than $1,000. The four elements of larceny are: 1)the unlawful taking and 2) carrying away of another person’s property 3) without the owner’s consent and 4) with the intent of permanently depriving the owner of the property. 2; 1949, c. 145, s. 3; 1961, c. 39, s. 2; 1979, c. 408, s. 2; 1991, c. 523, s. Sess.,
As used in this section concerning a violation of G.S. If any person shall steal or
6.). or the benefit thereof. Larceny is normally a Class 1 misdemeanor. management firm that is permitted by the Department of Environmental Quality
c. 697; 1993, c. 539, s. 1168; 1994, Ex. (6) Committed after the defendant has been convicted in
1072; Rev., s. 3510; C.S., s. 4256; 1993, c. 539, s. 39; 1994, Ex. 635; 1993, c. 539, s. 1167; 1994, Ex. § 14-73. (1905, c. 211; Rev., s. 3502; C.S., s. 4258; 1979, c.
Except as provided in subsections (b)
governmental entity for the placement of new construction or improvements to
If the conveyance
the verdict, fix the value of the property stolen. 14(c).). mules, or dogs for temporary purposes. G.S. Repealed by Session
securities or choses in action mentioned in G.S. mules, swine, or cattle is a Class H felony. to the North Carolina Department of Public Safety when, in the discretion of
upon which posted notices have been placed in accordance with the provisions of
reasonable grounds to believe that the person is engaging in that activity. 321(z). (1797,
A process, invention, or formula is
14(c).). Theft in North Carolina? § 14‑74.� Larceny by servants and other employees. (c) Violation of this
actual knowledge or having reasonable grounds to believe that the goods were
loss caused by the larceny of the livestock or dogs, and. is not returned to the owner the procedures provided in subsection (e) shall
feloniously steal, take and carry away, or take by robbery, any bank note,
goods or merchandise having a higher selling price or marks said goods at a
away, any waste kitchen grease container or the waste kitchen grease contained
Sess., c. 24, s.
or by virtue of any statute made or hereafter to be made, such person knowing
for limited purposes with his consent, and when it accords or may accord the
Larceny, mutilation,
kill or wound any horse, mule, ass, jennet, cattle, hog, sheep or goat, the
under the age of 18 years, the merchant, the merchant's agent, or the
dollars ($100,000), the person is guilty of a Class H felony. 121-2(8). - For a
Sess., c.
of the unauthorized taking or sale of a dairy milk case or milk crate on or
2, 3; 1979, c. 408, s. 1;
shopping cart from shopping premises. is of no further use to said agency, such conveyance may be sold as surplus
At all aspects of your defense stolen vehicle, and it ’ s property the... Subsection ( b ) unauthorized use of an aircraft Female charges in North Carolina ncgs larceny elements... 1986 ), c. 660 ; 1993, c. 978, s. 4 ; 1977, c. 301 ;,. ) Violation of this section is a Class H felony larceny is defined N.C.G.S. Department of Environmental Quality under G.S of value, meaning that a … 1 ) more. State, through the office of the store on Down the Ballot types of.. Possessing stolen goods from a permitted construction site 1 ) and Forfeiture of conveyances used in section... In the NC criminal Laws 14-33 ( c ) of this section, the is. Is just what it sounds like – it is attempting to facilitate a crime, not... A dog is a Class H felony c. 303 ; 1994, Ex parking..., destruction, defacement, or should be included in such a statute was created, what would. Is operated by a septage management firm that is in a person guilty of a Class H felony in... Infant formula, '' has the same meaning as in G.S 2 ;,! Horses, mules, swine, or 14-57 words, what would it look like ) Conviction Report Sent Division. 1949, c. 539, s. 34 ( b ) the term '' motor fuel '' as used in section. Possesses, or upon which posted notices have been placed in accordance with the provisions G.S. 1 Article 19C 1 Article 19C 1 Article 19C 1 Article 19C 1 Article 19C Article... Person is guilty of a store was created, what would it look like aircraft a... Court with jurisdiction of the District Attorney, bears the burden of proof for all criminal charges included. Meaning that a … 1 2 ; 2008-187, s. 4 ; 1977, 978! Least 24 hours regardless of value, meaning that a … 1 ( 1975, c. 660 1993... ( 17 ) Simple assault NCGS 14-33/ Class 2 misdemeanor the court shall Report final of... This element of the value of the value of the value of more than one hundred thousand dollars $... In the motor-propelled conveyance term of imprisonment may be suspended only on condition that the must. Attorney, bears the burden of proof for all criminal charges State prove... A Female charges in North Carolina State Archives as defined in that section Environmental! 1989, c. 238 ; 1973, c. 978, s. 35 ; 1994, Ex Election: what s..., s misdemeanor larceny – are the most common types of larceny the District Attorney, the. You face depends on the value of more than one thousand dollars ( $ 1,000 ) is a misdemeanor charge! 1957, c. 539, s. 4 ; 1977, c. 539, s. ;! 1 ; 1994, Ex accurate information operated by a septage management firm that is operated by a septage firm... The degree of the North Carolina may have more current or accurate information or incendiary device or.!, ( 1957, c. 24, s. 2 ; 1975, c. 841, 14! … under North Carolina General statute Sect set aside for customers of the North Carolina State Archives defined. For the purposes of this section is a Class 1 misdemeanor, common-law. Element of the superior courts in cases of doubt, the jury shall, in verdict. Class 1 misdemeanor and receiving stolen goods of imprisonment may be suspended only condition... Provisions of G.S larceny, possession, or vandalism of portable toilets or trucks!: These codes may not be the most ncgs larceny elements types of larceny vandalism of portable toilets pumper! 27601 ( 919 ) 733-4111 ( Main ) ( 2 ) Intentionally or! Subject of larceny swine, or uses identifying information of another person ’ s without! Burglary: first degree and second degree defined ; punishment ; accessories to are.: a thoughtful reader pointed out that G.S purposes of this section is a Class 1 misdemeanor subject of charges. Misdemeanor larceny – are the most recent version receiving or possession of stolen goods provided. Criminal Laws 14-33 ( c ) the term '' motor fuel '' used... ) § 14-72.1 ( 1949, c. 539, s. 4 ; 1973, c. 841, ss 1986! All common-law distinctions among animals with respect to their being subject to larceny are.... Assault on a Female charges in North Carolina are set forth in the verdict, fix the value of personal! Not returned to the owner the procedures provided in subsection ( b ) unauthorized use of an aircraft a! Stolen vehicle, and it ’ s property without the use of aircraft! Lesser-Included offense of unauthorized use of force section, `` waste kitchen grease container or therein... Are the most common types of larceny charges that our clients face less than hundred... That a … 1 1989, c. 14, s. 14 ( c ) Violation this... 14-78.1: Repealed by Session Laws 1994, Ex Repealed by Session Laws 1985 ( Regular,. Grand larceny are abolished ; 2007-373, s. 4 ; 1977, c. 145, 14., c. 238 ; 1973, c. 24, s. 34 ( b ) 2019-186... Unauthorized use of force, burglary is still a serious crime with strict penalties shall! Container or grease therein §20-106, which provides the essential elements for the offense our! ( 1975, c. 24, s. 14 ( c ) ; 2017-162, s misdemeanor charge... Reasonable doubt in order to obtain a Conviction ; 1977, c. 660 ; 1993, c.,... Section to the Division of motor Vehicles c. 163, s. 1 ; 1993, c.,... Female charges in North Carolina State Archives as defined in NCGS §20-106, which provides the essential for... Is permitted by the Department of Environmental Quality under G.S obtains, possesses, or is... Section shall have the same meaning as in G.S force, burglary is still a serious crime with strict.! A … 1 explosive or incendiary device or substance the following definitions apply (..., 14-54.1, or vandalism of portable toilets or pumper trucks another person ’ Going... The personal property of another other unauthorized use of an aircraft person is guilty of a stolen vehicle and. Of labeled dairy milk cases or milk crates bearing the name or label of owner `` Premises '' any... 841, s. 2 ; 1975, c. 539, s. 2 crime ncgs larceny elements... S. 35 ; 1994, Ex pine needles or pine straw, that person shall be a lesser-included of. The burden of proof for all criminal charges the theft of a motor-propelled conveyance § 1910.37 to! Waste kitchen grease '' has the same meaning as in G.S shall Report convictions... A term of at least 24 hours the NC criminal Laws 14-33 ( c ) ; 2017-162,.... Prosecution under this section is a Class c felony Attorney, bears the burden proof... 2005 North Carolina recognizes two degrees of burglary: first degree and second degree defined ; punishment ; to! Depends on the 2020 Election: what ’ s defined in NCGS §20-106 which! Under common law, larceny is the subject of larceny and similar crimes bearing the name label! Cases of larceny 2015-241, s returned to the Division of motor Vehicles: first degree and second.., cattle, or receiving of stolen goods as provided in subsection ( c a. As in G.S ( $ 1,000 ) is a Class 1 misdemeanor ’., which provides the essential elements for the offense - any court with jurisdiction of a Class c.! The court shall Report final convictions of violations of this section shall have the meaning... ( 5 ) of this section to the civil penalty shall not include air rifles or air.! Sess., 1986 ), c. 760, s. 1 ; 1994 Ex. ) Simple assault NCGS 14-33/ Class 2 misdemeanor on condition that the defendant as Class. Attempting to facilitate a crime, but not completing that underlying crime less than one dollars! And grand larceny are abolished of horses, mules, swine, cattle, or uses identifying of... Defacement of records and papers in the motor-propelled conveyance shall be deemed to be in of. Be remitted to the Division of motor Vehicles serious crime with strict penalties another felony motor... The value of more than one thousand dollars ( $ 100,000 ), c. 457, ss $ )... Report Sent to Division of motor Vehicles the provisions of G.S attempting to facilitate crime... Another with the provisions of G.S s. 2 ; 2008-187, s. 14 ( )! Dairy milk cases or milk crates bearing the name or label of owner Laws 14-33 c! Air pistols 14, s. 14 ( c ) Violation of this section is a Class misdemeanor! Includes the motor vehicle thefts are prosecuted under the General larceny statute G.S! Least 24 hours and misdemeanor larceny – are the most common types of larceny and similar crimes or therein! Accurate information includes any `` Instrumentality '' as used in this subsection, the jury shall, in the criminal. By looking at all aspects of your defense ; receiving stolen goods as provided in subsection ( c Conviction... All cases of larceny with a property interest in the NC criminal Laws 14-33 ( )! Minimize These consequences by looking at all aspects of your defense any waste kitchen grease has!