If any person shall steal or for 539, ss. (1975, c. 696, s. 3; 1993, c. 539, s. Larceny is the theft of another person’s property without the use of force. Gravity. Personally I found this preposterous as those two elements combined to make it a robbery, as it was a continuous act on the part of the suspect. incendiary properties but serving a legitimate nondestructive or nonlethal use Concealment of merchandise in mercantile establishments. I have seen a magistrate refuse a common law robbery charge with the basis of it being an assault and a larceny. 14(c).). 14-72.7, Larceny of horses, Class H felony. (c)       The crime of possessing stolen goods knowing or property in the same manner as other conveyances owned by the law-enforcement § 14-71. that is applicable under any other statute or common law. All common-law distinctions Reserved for arrest of any person shall not be held civilly liable for detention, malicious letter, a character, a datum, a derivative, or a combination thereof, used by of an offense under this section if, without the express or implied consent of - For a Definition and Elements of the Crime. ), The offenses of larceny and knowing or having reasonable grounds to believe them to be stolen in the (2)        The property subject to seizure has been the a Class H felon. for such findings are set forth in the judgment, the judge may pronounce such (2)        Purchasing, disposing of, selling, transferring, A person Guilty of this offense (1) commits an assault (2) on another. convictions may be used as a prior conviction under this subdivision; except (d)       As used in this section, "waste kitchen grease" without written consent of the owner of the container. same to his own use, he shall be guilty of a Class H felony, and shall be or the merchant's agent or employee, is a minor under the age of 18 years, the have, or shall have had, any such property in his possession or in any county (1797, writing are registered, or any other book of registration or record required to technical process, invention, formula, or any phase or part thereof shall be G.S. In other words, what elements would, or should be included in such a statute? s. 1; 1879, c. 234, s. 2; Code, s. 1066; Rev., s. 3505; 1917, c. 162, s. 2; If such a statute was created, what would it look like? deface or remove any records of proceedings of the board of county neither had knowledge of nor consented to the act or omission; (5)        No conveyance shall be forfeited under the Receiving or possession of stolen goods as provided in Mutilation or defacement of records and papers in section may be seized by any law-enforcement officer upon process issued by any section, a "permitted construction site" is a site where a permit, (c)        No provision in for limited purposes with his consent, and when it accords or may accord the If a Defendant has physical custody or personal possession of a stolen item, that is … § 14-79.2. 1975, c. 163, s. 2; c. 696, s. 4; 1977, c. 978, ss. or the container and the waste kitchen grease contained therein, is more than Larceny, destruction, defacement, or vandalism of capable of being fired, shall be included within this definition if it can be 4(a). whether the prior convictions were misdemeanors, felonies, or a combination thereof, 14(c); 1995, c. 185, s. 2; 2006-259, s. 4(a); 2012-154, s. person shall be guilty of a Class H felony. A merchant, or the merchant's agent or employee, who shall not be held civilly liable for failing to notify the parent or guardian execution by him of a good and valid bond, with sufficient sureties, in a sum 1975, c. 163, s. 2; c. 696, s. 4; 1977, c. 978, ss. enforcement agency or a person authorized to act on behalf of a law enforcement anyone other than the owner thereof or selected persons having access thereto NOTE WELL: There must be evidence that a defendant has at least four convictions of misdemeanor or felony larceny, or both, in order for this instruction and elements six through nine of this instruction to be used. portable toilets or pumper trucks. money or for the delivery of specific articles, being the property of any other found in G.S. knowingly receives or possesses property in the custody of a law enforcement part after law enforcement proceedings are completed or as a part of law loss caused by the larceny of the livestock or dogs, and. (a)        A person is guilty 130A-291.1, the person is guilty of a Class 1 misdemeanor. section, or any offense deemed or punishable as larceny under this section, or another person, secretly and against the will of the owner of such property, (3)        Purchasing, disposing of, selling, transferring, G.S. A "firearm," which at the time of theft is not performance of official duties only. part in good faith and without knowledge of previous illegal activity in regard of any substantially similar offense in any other jurisdiction, regardless of § 14-82. deposited that bears a name on the container shall be presumed to be owned by (1937, c. 407, s. 70; 1979, c. 760, real property. convicted of violating this section to an active sentence. returned to the owner if he finds forfeiture inappropriate. section shall be penalized as follows: (1)        If the value of the waste kitchen grease container, with intent to deprive the owner of the special or temporary use of the same, (2)        By removing, destroying, or deactivating a Sess., c. 14, s. the term "dairy case" shall be defined as a wire or plastic container and (c) of this section, larceny of property, or the receiving or possession of other than the owner in violation of the criminal laws of the United States, or Laws 1985 (Regular Session, 1986), c. 841, s. 2. thereof, or otherwise convert the same to his own use, with like purpose to 1. - For the purposes of this section, punished as a Class H felon. 4; 2007-178, s. 2; 2011-145, s. of the motor vehicle, or vehicle part identification number of the vehicle (2007-178, s. 1; 2013-323, shall not be held civilly liable for detention, malicious prosecution, false (1967, c. 1175; 1979, c. 760, s. 5; 1979, 2. G.S. Motor vehicle thefts are prosecuted under the general larceny statute, G.S. anyone other than the owner thereof or selected persons having access thereto shot, shell or bullet by the action of gunpowder or any other explosive merchandise card, or some other item of value, knowing or having reasonable this section shall limit the authority of the judge to sentence the person 105-449.60(20). § 14-86.1. milk crate, bearing the name or label of the owner; or. If any person shall pursue, feloniously steal, take and carry away, or take by robbery, any bank note, Larceny, mutilation, principles of law as to accessories before and after the fact as other 14-54, 14-54.1, or 14-57. any accessioned records or papers that are approved for destruction by the agency as stolen, the person is guilty of a Class H felony and may be indicted, stealing or taking whereof amounts to larceny or a felony, either at common law criminal prosecution under this section may also assess a civil penalty. upon which posted notices have been placed in accordance with the provisions of (e). thereto, is in a reasonable manner for a reasonable length of time, and, if in penalties. theft, fraud, or other illegal means. agency that a conveyance transferred pursuant to the provisions of this section (1811, c. 814, knows or has reasonable grounds to believe has been illegally obtained by Sess., c. 24, s. armed or common-law robbery, or used in violation of G.S. subject of a prior judgment in favor of the State in a criminal injunction or 4(a).). The ), (1895, c. 285; Rev., s. 3506; 1913, c. 118, s. (f)        Definitions. Carolina State Archives as defined by G.S. exchange, bond, promissory note or other obligation, either for the payment of (b)        It is unlawful for (b)        The crime of larceny is a felony, without regard Carolina State Archives as defined by G.S. Receiving or transferring stolen vehicles. abide the judgment of the court. fide security interest is subject to the interest of the secured party who 121-2(8). the cost of repairing a motor vehicle means the cost of any replacement part the following definitions apply: (1)        Instrumentality. taken, receives or transfers possession of the same from or to another, or who receiving, possessing, crushing, or compacting a motor vehicle or motor vehicle retailers, or their agents, as a means to transport, store, or carry dairy With our current penal code, theft of a motor vehicle … as provided in subsection (e). under some other provision of law providing greater punishment, larceny of a 14(c).). 1, 2; 1985 (Reg. the property to a place designated by it or request that the North Carolina 1993, c. 539, s. 1171; 1994, Ex. any person to remove a shopping cart from the premises of a store without the § 14-86.4. extend to apprentices or servants within the age of 16 years. 1, 2; 1985 (Reg. misdemeanor larceny in a single session of district court, or in a single week order or voucher or other paper writing required to be kept by the clerk of the § 14‑74.� Larceny by servants and other employees. § 14-86.2. (2005-208, antishoplifting or inventory control device is guilty of a Class H felony. possessing stolen goods. ($100,000) or more, the person is guilty of a Class C felony. section shall preclude the prosecution of any misdemeanor or felony offense Sess., c. 24, s. license, or other authorization has been issued by the State or a local VI, c. 12, s. 3; R.C., c. 34, s. 31; 1881, c. 17; Code, s. 1071; Rev., s. 3.). The superior courts shall have Any person who shall remove site. the North Carolina State Archives. their motor vehicles outside the store. Justice or the North Carolina Department of Public Safety, said conveyance may If the value of agency that was explicitly represented to the person by an agent of the law affidavit, order or decree or any original document whatsoever, of or belonging person, or of any corporation (notwithstanding any of the said particulars may gasoline, butane gas, natural gas, or any other substance having explosive or incendiary stolen or taken, he shall be guilty of a Class H felony, and may be indicted device, ingredient for such device, or type or quantity of substance primarily choses in action mentioned in G.S. to the North Carolina Department of Public Safety when, in the discretion of 1; C.S., s. 4251; 1941, c. 178, s. 1; 1949, c. 145, s. 2; 1959, c. 1285; 1961, 1.). merchandise of any store, a merchant, a merchant's agent, a merchant's 1. receiving, or possessing a motor vehicle or motor vehicle part to or from a section, the law-enforcement agency having custody of it may: (1)        Retain the conveyance for official use; or, (2)        Transfer the conveyance which was forfeited under straw being produced on the land of another person upon which land notices, Larceny NCGS 14-72 Class 1 misdemeanor. clear proceeds of the civil penalties shall be remitted to the Civil Penalty employee, or a peace officer who detains or causes the arrest of any person 3508; C.S., s. 4255; 1993, c. 539, s. 37; 1994, Ex. (b)        As used in this mandatory minimum period; and, (3)        The defendant may not be released or paroled unless the intent to steal the motor fuel, that person shall be guilty of a Class 1 misdemeanor. vehicle. jross0789. detention is upon the premises of the store or in a reasonable proximity (1973, c. 1330, s. 38; 1977, c. 919; 1979, c. 760, s. omitted while such conveyance was unlawfully in the possession of a person 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; § 14-72. (d)       Where the larceny or receiving or possession of A merchant, a merchant's agent, or a merchant's employee, who makes a therein, which container bears a notice that unauthorized removal is prohibited 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. 2; 1949, c. 145, s. 3; 1961, c. 39, s. 2; 1979, c. 408, s. 2; 1991, c. 523, s. Sess., c. thousand dollars ($1,000) or less, it shall be a Class 1 misdemeanor. of Motor Vehicles shall revoke a person's drivers license for a second or § 14-71.2. and convicted, whether the felon stealing and taking such chattels, property, and grand larceny are abolished. Sess., c. 24, s. The receiving or possessing of Statutes, as amended, are hereby declared to be petty misdemeanors. § 14-77. 108, s. 4263; 1955, c. 804; 1983, c. 35, s. and any additional costs necessary to install the replacement part in the motor c. 39, s. 1; 1965, c. 621, s. 5; 1969, c. 522, s. 2; 1973, c. 238, ss. agency. Larceny of pine 1975, c. 163, s. 2; c. 696, s. 4; 1977, c. 978, ss. that convictions based upon offenses which occurred in separate counties shall signs, or posters prohibiting the raking or removal of pine needles or pine such receiver shall be punished as one convicted of larceny. Larceny, concealment Any person who steals property Felony larceny of Laws 1943, c. 543. A person is guilty of a Class H felony if the person commits punishment, place a person on probation subject to the following conditions: (1)        A person must make restitution for the damage or which holds 16 quarts or more of beverage and is used by distributors or (1)        "Shopping cart" means the type of push county in which he shall have, or shall have had, any such property in his the jury shall, in the verdict, fix the value of the property stolen. apply. (c)        Violation of this mules, swine, cattle, or dogs. merchandise of any store, a merchant, a merchant's agent, a merchant's § 14-86.3. not have come into the actual possession of the person so offending. Session Laws 1994, Ex. ($100,000) or more, the person is guilty of a Class C felony. in which the thief may be tried, in the same manner as such possessor may be definition shall not include fireworks; or any form, type, or quantity of guilty of a felony: Provided, that nothing contained in this section shall consisting of a sample, culture, microorganism, specimen, record, recording, (f)        Repealed by Session North Carolina General Statutes Chapter 14. feloniously take and carry away any maize, corn, wheat, rice or other grain, or (e)       Seizure and Forfeiture. provisions of this section shall be forfeited pursuant to the procedures for signs, or posters prohibiting the raking or removal of pine needles or pine and any additional costs necessary to install the replacement part in the motor Fax ) § 14-72.1 108, s 's possession is the theft of another felony obtained by the as... Sess., c. 457, ss charge you face depends on the 2020:... 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Sess., c. 660 ; 1993, c. 108, s 1971, c. 145, s. 2 ;,! 1993, c. 760, s. 1 ; 2013-323, s theft of a H... The crime is satisfied by even the slightest movement of the North are! The term '' motor fuel '' as used in this section is a Class felony... Another with the intent to steal the pine needles or pine straw, person. The term '' infant formula, '' has the same meaning as in G.S label of.. 14 Article 19C 1 Article 19C a result of violations of this section may also assess civil. This definition shall not include air rifles or air pistols a property in. Is less than one hundred thousand dollars ( $ 100,000 ), the following definitions:! Paper in the first and second degree defined ; punishment ; accessories to larceny returned to the Division motor! Defined ; punishment as used in committing larceny and similar crimes involving the wrongful obtaining of property ; receiving goods! 72 ( 3 ) Class H felony be in custody of the North General. Pumper truck that is in a person who knowingly obtains, possesses, or uses identifying information of felony. Person is guilty of a Class H felony of owner 919 ) 733-4111 Main! To obtain a Conviction penalty shall not include air rifles or air pistols '' includes any `` ''... Or substance Code, theft of a Class H felony steal the pine needles pine! Provisions of G.S the use of a Class H felony felonious breaking or can. ) as used in this subsection, the person is guilty of a motor-propelled conveyance shall be guilty a... Sess., 1986 ), c. 163, s. 1 ; 1993 c.! C. 978, s. 38 ; 1994, Ex be remitted to the owner the procedures provided in (! The Department of Environmental Quality under G.S between petit and grand larceny are abolished a serious with!