H251 - Various Disaster Recovery Reforms. (SL 2025-18)

Overview: Section 4 of S.L. 2025‑18 (House Bill 251) provides that the offense of trespass during an emergency  occurs when a person unlawfully enters upon the premises of another person in an emergency area during a declared state of emergency when the usual security of property is not effective due to the occurrence or aftermath of the emergency that prompted the declared state of emergency.

Section 4 of S.L. 2025‑18 also increases the penalty for looting temporary housing. Specifically, it provides that any person who commits the crime of trespass during an emergency under G.S. 14‑288.6(a) and unlawfully takes or damages the temporary housing of another, or unlawfully takes property from the temporary housing of another, is guilty of looting and is punished as a Class F felon. Looting property other than temporary housing is punishable as a Class H felony.

The term "emergency area" is defined to mean the geographical area covered by a declared state of emergency. The term "temporary housing" includes the following:

• Any structure being used for human shelter which is designed to be transportable and is not permanently attached to the ground, another structure, or a utility system.
• A vehicle being used as temporary living quarters.
• Any equipment used to transport or deliver a temporary living structure or vehicle.
• Any item attached or intended to be attached to a temporary living structure or vehicle that provides air conditioning, heating, or a source of power.

This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.