North Carolina Trespassing Laws: First and Second Degree Trespassing, Study notes of Criminal Law

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NC General Statutes - Chapter 14 Article 22B 1 Article 22B. First and Second Degree Trespass. § 14-159.11. Definition. As used in this Article, "building" means any structure or part of a structure, other than a conveyance, enclosed so as to permit reasonable entry only through a door and roofed to protect it from the elements. (1987, c. 700, s. 1.)

§ 14-159.12. First degree trespass.

(a) Offense. – A person commits the offense of first degree trespass if, without

authorization, he enters or remains:

(1) On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; (2) In a building of another; or (3) On the lands of the Eastern Band of Cherokee Indians after the person has been excluded by a resolution passed by the Eastern Band of Cherokee Indian Tribal Council.

(b) Except as otherwise provided in subsection (c), (d), or (f) of this section, first

degree trespass is a Class 2 misdemeanor.

(c) Except as otherwise provided in subsection (d) of this section, a violation of

subsection (a) of this section is a Class A1 misdemeanor if all of the following

circumstances exist:

(1) The offense is committed on the premises of any of the following: a. A facility that is owned or operated by an electric power supplier as defined in G.S. 62 - 133.8(a)(3) and that is either an electric generation facility, a transmission substation, a transmission switching station, a transmission switching structure, or a control center used to manage transmission operations or electrical power generating at multiple plant locations. b. Any facility used or available for use in the collection, treatment, testing, storing, pumping, or distribution of water for a public water system. c. Any facility, including any liquefied natural gas storage facility or propane air facility, that is owned or operated by a natural gas local distribution company, natural gas pipeline carrier operating under a certificate of public convenience and necessity from the Utilities Commission, municipal corporation operating a municipally owned gas distribution system, or regional natural gas district organized and operated pursuant to Article 28 of Chapter 160A of the General Statutes used for transmission, distribution, measurement, testing, regulating, compression, control, or storage of natural gas. d. Any facility used or operated for agricultural activities, as that term is defined in G.S. 106 - 581.1. (2) The person actually entered a building, or it was necessary for the person to climb over, go under, or otherwise surmount a fence or other barrier to reach the facility.

NC General Statutes - Chapter 14 Article 22B 2

(d) If, in addition to the circumstances set out in subsection (c) of this section, the

violation also includes any of the following elements, then the offense is a Class H felony:

(1) The offense is committed with the intent to disrupt the normal operation of any of the facilities described in subdivision (1) of subsection (c) of this section. (2) The offense involves an act that places either the offender or others on the premises at risk of serious bodily injury.

(e) As used in subsections (c) and (d) of this section, the term "facility" shall mean

a building or other infrastructure.

(f) A violation of subsection (a) of this section is a Class I felony and shall include

a fine of not less than one thousand dollars ($1,000) for each violation, if any of the

following circumstances exist:

(1) The offense occurs on real property where the person has reentered after having previously been removed pursuant to the execution of a valid order or writ for possession. (2) The offense occurs under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest. (3) The offense is the person's second or subsequent violation of subdivision (a)(3)

of this section. (1987, c. 700, s. 1; 1993, c. 539, s. 101; 1994, Ex. Sess., c.

24, s. 14(c); 201 2 - 168, s. 1; 2014-103, s. 10(a); 2016-26, s. 1; 2018-66, s.

1.)

§ 14-159.13. Second degree trespass. (a) Offense. – A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another: (1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or (2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises. (b) Classification. – Second degree trespass is a Class 3 misdemeanor. (1987, c. 700, s. 1; 1993, c. 539, s. 102; 1994, Ex. Sess., c. 24, s. 14(c).) § 14-159.14. Lesser included offenses. The offenses created by this act shall constitute lesser included offenses of breaking or entering as provided in G.S. 14-54 and G.S. 14-56. (1987, c. 700, s. 1.) §§ 14-159.15 through 14-159.19. Reserved for future codification purposes.