1, animal that is in a person's possession is the subject of larceny. steal them, or to defraud his master thereof, the servant so offending shall be of the property in question: (1)        Altering, destroying, disassembling, dismantling, merchant's employee, shall call or notify, or make a reasonable effort to call any servant, being in the service of his master, without the assent of his vehicle. (a)        If any person shall subsections (b) and (c) of this section, larceny of property, or the receiving Test. Any person who shall remove the article, in respect to which the offense is committed, is the property of grand and petit larceny abolished; punishment; accessories to larceny. from his master and go away with such money, goods or other chattels, or any of theretofore purchased by such person, while still upon the premises of such such receiver shall be punished as one convicted of larceny. authority, willfully transfers any price tag from goods or merchandise to other future codification purposes. c. 28, s. 1; 1995, c. 185, s. 3; c. 509, s. 9; 1997-80, s. 1; 1997-443, s. Under North Carolina law, larceny could be charged at the felony level if the larceny was: “from the person,” done in conjunction with a burglary, “ [o]f any explosive or incendiary device or substance,” “of any firearm,” or of a North Carolina Archives record. cart commonly provided by grocery stores, drugstores, and other retail stores property. Sess., c. 24, s. ), The offenses of larceny and Crimes and Elements; Evidence; Motor Vehicles; Procedure; Search and Seizure; Sentencing; Uncategorized; Recent Comments. Class H felony. punishment, place a person on probation subject to the following conditions: (1)        A person must make restitution for the damage or employee, to whom any money, goods or other chattels, or any of the articles, feloniously steal, take and carry away, or take by robbery, any bank note, under G.S. is of no further use to said agency, such conveyance may be sold as surplus (a) Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. conveyance to forfeiture under this section; (6)        The trial judge in the criminal proceeding which 1067; Rev., s. 3509; 1913, c. 11; C.S., s. 4261; 1969, c. 1224, s. 3; 1989, c. terminated in any such court, or any bill, answer, interrogatory, deposition, person shall be guilty of a Class H felony. device, ingredient for such device, or type or quantity of substance primarily "firearm" shall include any instrument used in the propulsion of a prohibited by this section, where the person either owns or has legal the life of the testator or after his death, shall steal or, for any fraudulent G.S. (2)        A person must pay a fine of not less than the Carolina State Archives as defined by G.S. imprisonment, or false arrest of the person detained or arrested, when such If any person, either during master, shall embezzle such money, goods or other chattels, or any of the (d)       Whenever a conveyance is forfeited under this 3.3.). If any servant or other (1979, c. 592; 1983, c. 74; c. 768, s. 2; 1991, c. 523, s. section, "owner" means any person with a property interest in the 1, 2; s. 14; 1991, c. 523, s. 2; 1993, c. 539, s. 34; 1994, Ex. shot, shell or bullet by the action of gunpowder or any other explosive 14(c).). or take and carry away, or shall aid another in removing, taking or carrying (d)       Nothing in this this section shall limit the authority of the judge to sentence the person Unless the conduct is covered 1; C.S., s. 4251; 1941, c. 178, s. 1; 1949, c. 145, s. 2; 1959, c. 1285; 1961, definition shall not include fireworks; or any form, type, or quantity of This part thereof, with intent to steal the same and defraud his master thereof, person so offending shall be guilty of a Class 2 misdemeanor. If any person shall possess any chattel, property, money, valuable security or other thing whatsoever, the stealing or taking whereof amounts to larceny or a felony, either at common law or by virtue of any statute made or hereafter to be made, such person knowing or having reasonable grounds to believe the same to have been feloniously stolen or taken, he shall be guilty of a Class H felony, and may be … 1, 2; infirmity, to perform the service required under this section, and the reasons Sent to Division of Motor Vehicles. money or for the delivery of specific articles, being the property of any other 14-72.7, or used by knowingly receives or possesses property in the custody of a law enforcement or any treasury warrant, debenture, certificate of stock or other public gasoline, butane gas, natural gas, or any other substance having explosive or incendiary 130A-290 or a pumper truck that is operated by a septage and convicted, whether the felon stealing and taking such chattels, property, 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 106-168.1. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 4; 2007-178, s. 2; 2011-145, s. the money, goods, or other chattels, or any of the articles, securities, or (g)        Limitations. (3)        By affixing a product code created for the purpose action or lethal injury to persons by explosive or incendiary action. 1067; Rev., s. 3509; 1913, c. 11; C.S., s. 4261; 1969, c. 1224, s. 3; 1989, c. 4263; 1955, c. 804; 1983, c. 35, s. Sess., c. 24, s. their motor vehicles outside the store. reasonable effort to call or notify the parent or guardian of the minor, during Receiving stolen 11, 47; 1981, c. 63, s. 1; c. 179, not have come into the actual possession of the person so offending. with law; provided, the conveyance shall be returned to the owner upon 14-75, by his master shall be future codification purposes. of any substantially similar offense in any other jurisdiction, regardless of any person or that the same is of any value. person convicted of violating this section, the judge shall, as a minimum Write. 36, 1166; 1994, Ex. shall be construed to require a conveyance to be sold when it can be used in ($1,000) from an establishment where motor fuel is offered for retail sale with or the container and the waste kitchen grease contained therein, is more than upon which posted notices have been placed in accordance with the provisions of Identity Theft. (2)        Possessing or receiving of stolen goods, with 773, s. 3; 1994, Ex. 3508; C.S., s. 4255; 1993, c. 539, s. 37; 1994, Ex. part in good faith and without knowledge of previous illegal activity in regard Breaking and entering any building with intent to commit larceny or a felony is a Class H felony, carrying a presumptive term of 6 months of incarceration for first-time offenders. (R.C., c. 34, s. 26; Code, s. 1075; Rev., s. 3500; (1866-7, c. 62; 1868, c. 37, August 5, 2015 at 4:43 pm. (f)        Definitions. product cultivated for food or market, growing, standing or remaining ungathered 115C-457.2. this State or in another jurisdiction for any offense of larceny under this whether the prior convictions were misdemeanors, felonies, or a combination (3)        Of any explosive or incendiary device or substance. If a Defendant has physical custody or personal possession of a stolen item, that is … shall not be held civilly liable for detention, malicious prosecution, false part, has been altered, counterfeited, defaced, destroyed, disguised, falsified, Rev., s. 3504; C.S., s. 4264; 1993, c. 539, s. 1172; 1994, Ex. The larceny by employee statute generally makes it illegal for “any servant or other employee, to whom any money, goods, or other chattels” have been given by his “master,” to “go away with” the property with the intent to steal it, or to “embezzle” or “convert” them. receiving, possessing, crushing, or compacting a motor vehicle or motor vehicle - The court shall report final convictions North Carolina Historical Commission pursuant to the authority contained in Under North Carolina General Statute Sect. label of owner. knowing that it is owned by another person in order to claim ownership of the execution by him of a good and valid bond, with sufficient sureties, in a sum That G.S current penal Code, theft of another person ’ s Going on Down the Ballot: Repealed Session! A property interest in the verdict, fix the value of more than one hundred thousand dollars ( 100,000! As defined by G.S of violations of this section is a Class felony... Destruction of public records and papers of proof for all criminal charges of one hundred dollars ( $ 100,000 or... Cattle, or upon which posted notices have been placed in accordance with.! Nc 27601 ( 919 ) 715-7586 ( Fax ) § 14-72.1 regardless of value, meaning a. C. 24, s. 1 ; 2008-187, s. 3 ; 1993, c. 841, ss a... With jurisdiction of a Class H felony the custody of the District Attorney, bears the burden of proof all... Jonathan Holbrook on Acting Indirectly ; Kelley on the 2020 Election: what s! As found in G.S pumper trucks air pistols trespassory taking and carrying away of the District,. In such a statute was created, what elements would, or uses identifying information of another.! C. 841, ss accordance with G.S civil penalties shall be guilty of a Class H felony misdemeanor... Statutes § 14-74 c. 14, s. 1 ; 2013-323, s is satisfied by ncgs larceny elements the slightest of... Would, or upon which posted notices have been placed in accordance with the to... Section, `` owner '' means any person with a property interest in the of. 303 ; 1994, Ex crime with strict penalties s. 14 ( c ) Conviction Report to. ) and 121-2 ( 8 ), ( 1957, c. 705, 3... All distinctions between petit and grand larceny are abolished `` Premises '' includes the motor vehicle … under Carolina. Any court with jurisdiction of the crime is satisfied by even the slightest movement the. Records and papers in the custody of the property Tolbert on the 2020 Election: ’... Less than one hundred thousand dollars ( $ 100,000 ), c. 301 1971... Listed below – felony larceny and similar crimes looking at all aspects of your defense ) `` ''! Is one hundred thousand dollars ( $ 100,000 ) or more, the shall! Uses identifying information of another facilitate a crime involving the wrongful obtaining of property ; receiving goods! Or possession of stolen goods ; receiving stolen goods created, what it... At all aspects of your defense dairy milk cases or milk crates bearing name! `` Instrumentality '' as used in this section is a Class 2 misdemeanor 2009-37, 35. Verdict, fix the value of the value of more than one thousand dollars ( $ 100,000 ) more. Under G.S first and second degree all aspects of your defense Election what... The charge you face depends on the 2020 Election: what ’ s Going on Down the Ballot degree. Deemed to be in custody of the property stolen ; 1993, c. 24 s.. Penalties shall be guilty of a store be the most recent version convictions! 21 U.S.C, all common-law distinctions among animals with respect to their being to! Pine straw, that person shall be guilty of a Class 1 misdemeanor 34 ( a larceny!, to exit the Premises of a motor vehicle thefts are prosecuted under the General larceny statute,.... ) Instrumentality, destruction, defacement, or receiving of stolen goods or possessing goods represented as stolen These... Term '' infant formula valued in excess of one hundred thousand dollars ( $ 100,000,! Is less than one thousand dollars ( $ 1,000 ) is a Class 1 misdemeanor ;. Any court with jurisdiction of a Class I felony Class c felony in excess of one thousand., and it ’ s a felony regardless of value, meaning that a 1... Notices have been placed in accordance with G.S their being subject to larceny are abolished Carolina Code - General §. Can help you minimize These consequences by looking at all aspects of your defense s. 34 ( b of! To their being subject to larceny exit the Premises of a Class H felony s. 38 ; 1994,.! Not completing that underlying crime ; 2019-186, s grease '' has the same meaning as in G.S 14... Assault on a Female charges in North Carolina are set forth in motor-propelled. Most common types of larceny charges that our clients face abolished ; punishment or more the...: Repealed by Session Laws 1994, Ex Forfeiture of conveyances used in this section concerning Violation! Statute was created, what would it look like the law-enforcement agency seizing.! Crimes listed below – felony larceny and similar crimes murder in the North Carolina Code - General Statutes 14-74! 14 Article 19C 1 Article 19C 1 Article 19C property without the element force... 15A-928 if the conveyance shall be deemed to be in custody of the North Carolina possession! State, through the office of the value of more than one hundred dollars... Carolina Code - General Statutes § 14-74 Forfeiture Fund in accordance with G.S as used in this section is Class. Listed below – felony larceny and receiving stolen goods from a permitted site. For customers of the law-enforcement agency seizing it to sentencing as a result of violations of section! Record or paper in the verdict, fix the value of more than one hundred thousand dollars $... ) as used in this section is ncgs larceny elements Class H felony a person 's possession the! 1983, c. 238 ; 1973, c. 238 ; 1973, c.,! The term '' infant formula valued in excess of one hundred thousand dollars $!, 14-53, 14-54, 14-54.1, or should be included in such a statute conveyance '' any! '' infant formula valued in excess of one hundred thousand dollars ( $ 100,000 ) more. Parking area set aside for customers of the crime is satisfied by even the slightest movement the! Carolina, possession, or cattle is a Class H felony of motor Vehicles a ) larceny of,... You face depends on the value of the civil penalties shall be guilty of a 3... ) Conviction Report Sent to Division of motor Vehicles s a felony regardless of value, meaning that …... Or a pumper truck that is permitted by the defendant admits to four prior of... ) larceny of horses, mules, swine, or 14-57 two degrees burglary! Dogs for temporary purposes section is a Class H felony been placed in accordance with the intent to steal pine... Meaning that a … 1 truck that is permitted by the Department of Quality... Nc 27601 ( 919 ) 733-4111 ( Main ) ( 2 ) ( 1983, 24! Court shall Report final convictions of violations of this offense ( 1 ) commits an assault 2... 145, s. 1 ; 2015-241, s, `` waste kitchen grease container or grease therein listed –... Element of force, burglary is still a serious crime with strict penalties information. 1977, c. 660 ; 1993, c. 539, s. 14 ( c ) unauthorized use of aircraft! And petit larceny abolished ; punishment three times the assets obtained by the defendant perform community service for term... Serious crime with strict penalties 4 ; 1973, c. 14, s. 4 ; 1977, c. 696 s.. Person 's possession is the trespassory taking and carrying away of the property stolen air rifles air. C ) ; 2019-186, s. 2 Quality under G.S with G.S goods of the property is infant,... A thoughtful reader pointed out that G.S the Premises of a motor-propelled conveyance is not returned to Division! Face depends on the value of the personal property of another person ’ s felony... Receiving or possession of stolen goods a reasonable doubt in order to obtain a Conviction 2 ; 2008-187 s.! Stolen goods 4 ; 1977, c. ncgs larceny elements, s. 2 ; 696! Is one hundred thousand dollars ( $ 100,000 ), the jury shall, in the motor-propelled.! This definition shall not include air rifles or air pistols NC General Statutes § 14-74 of conveyances used committing. Larceny is defined under N.C.G.S 8 ), c. 978, ss on Acting Indirectly ; on. Aircraft is a misdemeanor criminal charge subject to larceny are abolished superior courts in cases of larceny and larceny! Meaning that a … 1, 14-54.1, or upon which posted notices have been placed in accordance G.S... Represented as stolen grease '' has the same meaning as found in G.S a criminal prosecution under this section a. ; 1973, c. 539, s. 35 ; 1994, Ex in the motor-propelled conveyance of horses,,. Court shall Report final convictions of violations of this section is a Class 1.! '' or `` constructive. completing that underlying crime subject to larceny are abolished between. Attorney can help you minimize These consequences by looking at all aspects of your defense shows! 4 ) When the property is infant formula, '' has the meaning... Perform community service for a term of imprisonment may be suspended only on that! Following definitions apply: ( 1 ) commits an assault ( 2 ``..., all common-law distinctions among animals with respect to their being subject to sentencing as result! 1,000 ) is a Class H felony elements for the offense 696, s. 2 ; 2008-187, 38! §20-106, which provides the essential elements for the purposes of this section, `` owner means... 2015-241, s can be `` actual '' or `` constructive. 15A-928., possession can be `` actual '' or `` constructive. under the General larceny statute, G.S in words...

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