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§ 14-72. Larceny of property; receiving stolen goods or possessing stolen goods
NC ST § 14-72West's North Carolina General Statutes AnnotatedChapter 14. Criminal LawEffective: December 1, 2012 (Approx. 3 pages)
§ 14-72. Larceny of property; receiving stolen goods or possessing stolen goods
NC ST § 14-72West's North Carolina General Statutes AnnotatedChapter 14. Criminal LawEffective: December 1, 2012 (Approx. 3 pages)
Effective: December 1, 2012
N.C.G.S.A. § 14-72
§ 14-72. Larceny of property; receiving stolen goods or possessing stolen goods
(a) Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. The receiving or possessing of stolen goods of the value of more than one thousand dollars ($1,000) while knowing or having reasonable grounds to believe that the goods are stolen is a Class H felony. Larceny as provided in subsection (b) of this section is a Class H felony. Receiving or possession of stolen goods as provided in subsection (c) of this section is a Class H felony. Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen.
(3) Of any explosive or incendiary device or substance. As used in this section, the phrase “explosive or incendiary device or substance” shall include any explosive or incendiary grenade or bomb; any dynamite, blasting powder, nitroglycerin, TNT, or other high explosive; or any device, ingredient for such device, or type or quantity of substance primarily useful for large-scale destruction of property by explosive or incendiary action or lethal injury to persons by explosive or incendiary action. This definition shall not include fireworks; or any form, type, or quantity of gasoline, butane gas, natural gas, or any other substance having explosive or incendiary properties but serving a legitimate nondestructive or nonlethal use in the form, type, or quantity stolen.
(4) Of any firearm. As used in this section, the term “firearm” shall include any instrument used in the propulsion of a shot, shell or bullet by the action of gunpowder or any other explosive substance within it. A “firearm,” which at the time of theft is not capable of being fired, shall be included within this definition if it can be made to work. This definition shall not include air rifles or air pistols.
(5) Of any record or paper in the custody of the North Carolina State Archives as defined by G.S. 121-2(7) and G.S. 121-2(8).
(6) Committed after the defendant has been convicted in this State or in another jurisdiction for any offense of larceny under this section, or any offense deemed or punishable as larceny under this section, or of any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were misdemeanors, felonies, or a combination thereof, at least four times. A conviction shall not be included in the four prior convictions required under this subdivision unless the defendant was represented by counsel or waived counsel at first appearance or otherwise prior to trial or plea. If a person is convicted of more than one offense of misdemeanor larceny in a single session of district court, or in a single week of superior court or of a court in another jurisdiction, only one of the convictions may be used as a prior conviction under this subdivision; except that convictions based upon offenses which occurred in separate counties shall each count as a separate prior conviction under this subdivision.
(c) The crime of possessing stolen goods knowing or having reasonable grounds to believe them to be stolen in the circumstances described in subsection (b) is a felony or the crime of receiving stolen goods knowing or having reasonable grounds to believe them to be stolen in the circumstances described in subsection (b) is a felony, without regard to the value of the property in question.
(d) Where the larceny or receiving or possession of stolen goods as described in subsection (a) of this section involves the merchandise of any store, a merchant, a merchant's agent, a merchant's employee, or a peace officer who detains or causes the arrest of any person shall not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested, when such detention is upon the premises of the store or in a reasonable proximity thereto, is in a reasonable manner for a reasonable length of time, and, if in detaining or in causing the arrest of such person, the merchant, the merchant's agent, the merchant's employee, or the peace officer had, at the time of the detention or arrest, probable cause to believe that the person committed an offense under subsection (a) of this section. If the person being detained by the merchant, the merchant's agent, or the merchant's employee, is a minor under the age of 18 years, the merchant, the merchant's agent, or the merchant's employee, shall call or notify, or make a reasonable effort to call or notify the parent or guardian of the minor, during the period of detention. A merchant, a merchant's agent, or a merchant's employee, who makes a reasonable effort to call or notify the parent or guardian of the minor shall not be held civilly liable for failing to notify the parent or guardian of the minor.
Credits
Amended by Laws 1949, c. 145, § 2; Laws 1959, c. 1285; Laws 1961, c. 39, § 1; Laws 1965, c. 621, § 5; Laws 1969, c. 522, § 2; Laws 1973, c. 238, §§ 1, 2; Laws 1975, c. 163, § 2; Laws 1975, c. 696, § 4; Laws 1977, c. 978, §§ 2, 3; Laws 1979, c. 408, § 1; Laws 1979, c. 760, § 5; Laws 1979 (2nd Sess.), c. 1316, §§ 11, 47; Laws 1981, c. 63, § 1; Laws 1981, c. 179, § 14; Laws 1991, c. 523, § 2; Laws 1993, c. 539, § 34, eff. Oct. 1, 1994; Laws 1994, (1st Ex.Sess.), c. 24, § 14(c), eff. March 26, 1994; Laws 1995, c. 185, § 2, eff. Dec. 1, 1995; S.L. 2006-259, § 4(a), eff. Dec. 1, 2006; S.L. 2012-154, § 1, eff. Dec. 1, 2012.
N.C.G.S.A. § 14-72, NC ST § 14-72
The statutes and Constitution are current through the end of the 2023 Regular Session of the General Assembly, subject to changes made pursuant to direction of the Revisor of Statutes.
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