6.2 Property Crimes
Key Takeaways
- Under G.S. 14-72(a), larceny over $1,000 is generally Class H felony; $1,000 or less is generally Class 1 misdemeanor unless a 14-72(b) circumstance applies.
- Felony-without-regard-to-value paths include larceny from the person, pursuant to listed B/E/burglary statutes, firearms, explosives, State Archives papers, and habitual larceny.
- Felonious breaking or entering (G.S. 14-54(a)) can be break or enter of a building with intent to commit felony or larceny; burglary requires break and enter of a dwelling/sleeping apartment with felony/larceny intent.
- Because S.L. 2025-71 amended burglary effective December 1, 2025, candidates must confirm whether nighttime remains an element for the offense date.
- Receiving/possessing stolen goods parallels larceny value rules and requires knowledge or reasonable grounds to believe the property was stolen.
6.2 Property Crimes
Quick Answer: NC property crimes turn on taking/entry + intent + value or circumstance aggravators. Under G.S. 14-72, larceny over $1,000 is generally a Class H felony; $1,000 or less is generally a Class 1 misdemeanor—unless a listed circumstance makes it a felony regardless of value. Burglary and breaking or entering are entry crimes with their own intent elements. Always confirm current NCGS text before stating a threshold.
Larceny Elements and Value Concepts — G.S. 14-72
Classic larceny analysis (as taught for charging): the State must prove a taking and carrying away of personal property of another, without consent, with intent to permanently deprive. Temporary borrowing without that intent is a different problem set (e.g., unauthorized use theories).
Value Threshold (Confirm on ncleg.gov)
| Value / path | Classification under current 14-72(a) |
|---|---|
| Property value more than $1,000 | Class H felony larceny |
| Property value not more than $1,000 (and no 14-72(b) aggravator) | Class 1 misdemeanor |
| Receiving/possessing stolen goods with knowledge or reasonable grounds to believe stolen, same value rules | Parallel misdemeanor/felony structure in 14-72 |
In doubtful value cases, the statute directs that the jury fix the value in the verdict. Aggregate value of items taken in a single incident may be combined for threshold analysis—document each item’s fair market value.
Felony Without Regard to Value — G.S. 14-72(b)
Larceny is a Class H felony regardless of value if it is (confirm current list):
- From the person;
- Committed pursuant to burglary / breaking-or-entering statutes listed (including G.S. 14-51, 14-53, 14-54, 14-54.1, or 14-57);
- Of an explosive / incendiary device (as defined);
- Of a firearm;
- Of a record/paper in custody of the State Archives;
- Habitual larceny under the statutory prior-conviction rules.
Exam move: A $40 wallet snatched from a victim’s hand can be felony larceny from the person even though value is far below $1,000.
Breaking or Entering — G.S. 14-54 Family
Felonious breaking or entering of a building generally requires breaking or entering (either can suffice—unlike traditional burglary’s “break and enter”) of a building, without consent, with intent to commit any felony or larceny therein—Class H felony under 14-54(a) as commonly charged. Misdemeanor breaking or entering covers wrongful B/E without that felony/larceny intent (14-54(b) concept). Related statutes cover places of religious worship and other specialized entries—read the charging statute’s building definition carefully (vehicles have a separate B/E statute, G.S. 14-56).
Burglary Concepts Under NC Law — G.S. 14-51 / 14-52
Historically, NC burglary tracked common-law elements including nighttime. S.L. 2025-71 amended G.S. 14-51 effective for offenses on or after December 1, 2025, restating first- and second-degree burglary around break and enter of a dwelling house or sleeping apartment with intent to commit any felony or larceny therein, with degree turning on actual occupation:
| Degree | Occupation fact | Punishment class (confirm 14-52) |
|---|---|---|
| First-degree burglary | Any person actually occupying any part of the dwelling/sleeping apartment at the time | Class D felony (historically; confirm current) |
| Second-degree burglary | Property not actually occupied at the time | Class G felony (historically; confirm current) |
Critical study note for 2026 candidates: Because the General Assembly amended the burglary statute in 2025 (including debate over whether the common-law nighttime element remains), do not recite “nighttime” as automatic gospel. Use this method: (1) Is there break and enter? (2) Dwelling or sleeping apartment of another? (3) Intent to commit felony or larceny inside? (4) Occupied or not for degree? (5) Pull the current G.S. 14-51 text and pattern jury instructions for the offense date.
Contrast with 14-54: B/E can be break or enter, applies more broadly to buildings, and is typically Class H when felony intent is present—often the correct charge when burglary elements fail.
Fraud / Embezzlement Themes
Embezzlement and related Chapter 14 fraud theories focus on a person who lawfully possesses another’s property (employee, fiduciary, bailee) and then fraudulently converts it. The analytical fork versus larceny is how possession began:
- Larceny: wrongful taking at the outset;
- Embezzlement: lawful possession → later fraudulent conversion.
False pretenses / obtaining property by false representation themes require a false representation of a past or existing fact, calculated to deceive, that does deceive, and causes the victim to part with property. Do not invent dollar cutoffs for every fraud subsection—many have their own value ladders; confirm the charging statute.
Injury to Personal Property
Willful and wanton injury to personal property of another is a separate Chapter 14 track. Classification often depends on damage amount and circumstances (and special targets such as utility property). For exam purposes: prove identity of owner, damage, willful/wanton mental state, then check the damage threshold in the current injury-to-property statute before labeling felony vs. misdemeanor. If unsure of the exact dollar cut, state the method and verify—never invent.
Receiving / Possessing Stolen Goods — G.S. 14-72
Receiving or possessing stolen goods requires:
- Stolen property;
- Defendant received or possessed it;
- Defendant knew or had reasonable grounds to believe it was stolen;
- Dishonest purpose (as instructed).
Value and 14-72(b)-type circumstance rules parallel larceny: over $1,000 (or listed circumstance) → felony; otherwise misdemeanor (confirm current text). A pawn-shop buy at a ridiculously low price can supply reasonable grounds to believe even without a confession of actual knowledge.
Property-Crime Charging Table
| Scenario theme | Likely statute family | Key element fork |
|---|---|---|
| Shoplift $200 | Misdemeanor larceny 14-72 | Value ≤ $1,000; no 14-72(b) factor |
| Steal $1,200 TV | Felony larceny 14-72(a) | Value > $1,000 |
| Steal $50 phone from pocket | Felony larceny from person | Value irrelevant under 14-72(b)(1) |
| Enter closed store to steal | Felony B/E 14-54(a) ± larceny | Intent at entry; break or enter |
| Night/day home entry to steal, occupant present | Burglary 1st analysis 14-51 | Break and enter dwelling + intent + occupation; confirm current elements |
| Employee converts employer cash | Embezzlement theme | Lawful possession first |
| Buys obviously stolen tool set | Receiving/possessing | Knowledge or reasonable grounds |
POST discipline: Value is only one switch. From the person, firearm, and pursuant to B/E switches flip felony status even for cheap property. Write those switches on every theft vignette.
A suspect steals a bicycle worth $450 from an unlocked front yard in Durham with intent to keep it. No breaking or entering and no taking from the person. Under G.S. 14-72(a), how is this generally classified?
While committing felonious breaking or entering of a closed warehouse (G.S. 14-54(a)), a suspect steals copper wire worth $80. Which larceny analysis is correct under G.S. 14-72?
Officers develop probable cause that a defendant bought a new generator for $75 cash from a stranger in a motel parking lot, knowing or having reasonable grounds to believe it was stolen, and kept it for personal use. The generator’s value is $1,400. Which offense theory best matches G.S. 14-72?