GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 698

Short Title:  Felony Larceny Amount.	(Public)
─────────────────────────────────────── 
Sponsors: Representatives Flaherty; and Bowman.
─────────────────────────────────────── 
Referred to:  Judiciary I.
─────────────────────────────────────── 

April 1, 1993

A BILL TO BE ENTITLED
AN ACT TO AMEND LAWS RELATING TO FELONIOUS LARCENY TO MAKE THE THRESHOLD AMOUNT CONSISTENTLY ONE THOUSAND DOLLARS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 14-168.1 reads as rewritten:
"§ 14-168.1. Conversion by bailee, lessee, tenant or attorney-in-fact.
Every person entrusted with any property as bailee, lessee, tenant or lodger, or with any power of attorney for the sale or transfer thereof, who fraudulently converts the same, or the proceeds thereof, to his own use, or secretes it with a fraudulent intent to convert it to his own use, shall be guilty of a misdemeanor.
If, however, the value of the property converted or secreted, or the proceeds thereof, is in excess of one thousand dollars ($1,000), every person so converting or secreting it is guilty of a Class H felony. In all cases of doubt the jury shall, in the verdict, fix the value of the property converted or secreted."
Sec. 2.  G.S. 15B-7(b) reads as rewritten:
"(b)	A person who knowingly and willfully presents or attempts to  present a false or fraudulent application, or a State officer or employee who knowingly and willfully participates or assists in the preparation or presentation of a false or fraudulent application is guilty of a misdemeanor if the application is for a claim of not more than one thousand dollars ($1,000).  If the application is for a claim of more than one thousand dollars ($1,000), the person is guilty of a Class I felony."
Sec. 3.  G.S. 108A-39 reads as rewritten:
"§ 108A-39. Fraudulent misrepresentation.
(a)	Any person whether provider or recipient, or person representing himself as such, who willfully and knowingly and with intent to deceive makes a false statement or representation or who fails to disclose a material fact and as a result of making a false statement or representation or failing to disclose a material fact obtains, for himself or another person, attempts to obtain for himself or another person, or continues to receive or enables another person to continue to receive public assistance in the amount of not more than one thousand dollars ($1,000) is guilty of a misdemeanor, and upon conviction or plea of guilty shall be fined or imprisoned or both at the discretion of the court.
(b)	Any person, whether provider or recipient, or person representing himself as such who willfully and knowingly with the intent to deceive makes a false statement or representation or fails to disclose a material fact and as a result of making a false statement or representation or failing to disclose a material fact, obtains for himself or another person, attempts to obtain for himself or another person, or continues to receive or enables another person to continue to receive public assistance in an amount of more than one thousand dollars ($1,000) is guilty of a Class I felony.
(c)	As used in this section the word 'person' means person, association, consortium, corporation, body politic, partnership, or other group, entity, or organization."
Sec. 4.  G.S. 108A-64(c) reads as rewritten:
"(c)	 (1)	 A person who violates a provision of this section shall be guilty of a Class I felony if the value of the assistance wrongfully obtained is more than one thousand dollars ($1,000).
(2)	 A person who violates a provision of this section shall be guilty of a misdemeanor if the value of the assistance wrongfully obtained is one thousand dollars ($1,000) or less, and shall be punished by a term of imprisonment of not more than two years or a fine of not more than five hundred dollars ($500.00), or both, at the discretion of the court."
Sec. 5.  G.S. 157-29.1 reads as rewritten:
"§ 157-29.1. Fraudulent misrepresentation.
(a)	Any person whether provider or recipient, or person representing himself as such, who willfully and knowingly and with intent to deceive makes a false statement or representation or who willfully and knowingly and with intent to deceive fails to disclose a material fact and as a result of making a false statement or representation or failing to disclose a material fact obtains, for himself or another person, attempts to obtain for himself or another person, or continues to receive housing assistance in the amount or value of not more than one thousand dollars ($1,000) is guilty of a misdemeanor, and upon conviction or plea of guilty shall be fined or imprisoned or both at the discretion of the court.
(b)	Any person whether provider or recipient, or person representing himself as such, who willfully and knowingly and with intent to deceive makes a false statement or representation or who willfully and knowingly and with intent to deceive fails to disclose a material fact and as a result of making a false statement or representation or failing to disclose a material fact obtains, for himself or another person, or continues to receive housing assistance in the amount or value of more than one thousand dollars ($1,000) is guilty of a Class I felony.
(c)	As used in this section the word 'person' means person, association, consortium, body politic, partnership, or other group, entity, or organization."
Sec. 6.  G.S. 14-398 reads as rewritten:
"§ 14-398. Theft or destruction of property of public libraries, museums, etc.
Any person who shall steal or unlawfully take or detain, or willfully or maliciously or wantonly write upon, cut, tear, deface, disfigure, soil, obliterate, break or destroy, or who shall sell or buy or receive, knowing the same to have been stolen, any book, document, newspaper, periodical, map, chart, picture, portrait, engraving, statue, coin, medal, apparatus, specimen, or other work of literature or object of art or curiosity deposited in a public library, gallery, museum, collection, fair or exhibition, or in any department or office of State or local government, or in a library, gallery, museum, collection, or exhibition, belonging to any incorporated college or university, or any incorporated institution devoted to educational, scientific, literary, artistic, historical or  charitable purposes, shall, if the value of the property stolen, detained, sold, bought or received knowing same to have been stolen, or if the damage done by writing upon, cutting, tearing, defacing, disfiguring, soiling, obliterating, breaking or destroying any such property, shall not exceed one thousand dollars ($1,000), be guilty of a misdemeanor and upon conviction shall be fined or imprisoned in the discretion of the court. If the value of the property stolen, detained, sold or received knowing same to have been stolen, or the amount of damage done in any of the ways or manners hereinabove set out, shall exceed the sum of one thousand dollars ($1,000), the person committing same shall be punished as a Class H felon."
Sec. 7. G.S. 14-107 reads as rewritten:
"§ 14-107.  Worthless checks.
It shall be unlawful for any person, firm or corporation, to draw, make, utter or issue and deliver to another, any check or draft on any bank or depository, for the payment of money or its equivalent, knowing at the time of the making, drawing, uttering, issuing and delivering such check or draft as aforesaid, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same upon presentation.
It shall be unlawful for any person, firm or corporation to solicit or to aid and abet any other person, firm or corporation to draw, make, utter or issue and deliver to any person, firm or corporation, any check or draft on any bank or depository for the payment of money or its equivalent, being informed, knowing or having reasonable grounds for believing at the time of the soliciting or the aiding and abetting that the maker or the drawer of the check or draft has not sufficient funds on deposit in, or credit with, such bank or depository with which to pay the same upon presentation.
The word 'credit' as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of any such check or draft.
A violation of this section shall be a Class J felony if the amount of the check or draft is more than one thousand dollars ($1,000).  If the amount of the check or draft is one thousand dollars ($1,000) or less, a violation of this section shall be a misdemeanor punishable as follows:
(1)	If the amount of the check or draft is not over one hundred dollars ($100.00), the punishment shall be by a fine not to exceed fifty dollars ($50.00) or imprisonment for not more than 30 days.  Provided, however, if such person has been convicted three times of violating G.S. 14-107, he shall on the fourth and all subsequent convictions (i) be punished in the discretion of the district or superior court as for a general misdemeanor and (ii) be ordered, as a condition of probation, to refrain from maintaining a checking account or making or uttering a check for three years.
(2)	If the amount of the check or draft is over one hundred dollars ($100.00), the punishment shall be by a fine not to exceed two hundred fifty dollars ($250.00) or imprisonment for not more than six months, or both.  Provided, however, if such person has been convicted three times of violating G.S. 14-107, he shall on the fourth and all subsequent convictions (i) be punished in the discretion of the district or superior court as for a general misdemeanor and (ii) be ordered, as a condition of probation, to refrain from maintaining a checking account or making or uttering a check for three years.
(3)	If the check or draft is drawn upon a nonexistent account, the punishment shall be by a fine not to exceed one thousand dollars ($1,000) or imprisonment for not more than two years, or both.
(4)	If the check or draft is drawn upon an account that has been closed by the drawer prior to time the check is drawn, the punishment shall be a fine not to exceed four hundred dollars ($400.00) or imprisonment for not more than five months or both.
In deciding to impose any sentence other than an active prison sentence, the sentencing judge shall consider and may require, in accordance with the provisions of G.S. 15A-1343, restitution to the victim for the amount of the check or draft and each prosecuting witness (whether or not under subpoena) shall be entitled to a witness fee as provided by G.S. 7A-314 which shall be taxed as part of the cost and assessed to the defendant."
Sec. 8. G.S. 14-141 reads as rewritten:
"§ 14-141.  Burning or otherwise destroying crops in the field.
Any person who shall willfully burn or destroy any other person's lawfully grown crop, pasture, or provender shall be punished as follows:
(1)	If the damage is one thousand dollars ($1,000) or less, the person is guilty of a misdemeanor punishable by a term of imprisonment not to exceed two years, a fine, or both.
(2)	If the damage is more than one thousand dollars ($1,000), the person is guilty of a Class I felony."
Sec. 9. G.S. 108A-53(a) reads as rewritten:
	"(a)	Any person, whether provider or recipient or person representing himself as such, who knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of making a willfully false statement or representation or by impersonation or by failing to disclose material facts or in any manner not authorized by this Part or the regulations issued pursuant thereto, transfers with intent to defraud any food stamps or authorization cards to which he is not entitled in the amount of one thousand dollars ($1,000) or less shall be guilty of a misdemeanor.  Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of making a willfully false statement or representation or by impersonation or by failing to disclose material facts or in any manner not authorized by this Part or the regulations issued pursuant thereto, transfers with intent to defraud any food stamps or authorization cards to which he is not entitled in an amount more than one thousand dollars ($1,000) shall be guilty of a felony and shall be punished as in cases of larceny."
Sec. 10.  This act becomes effective December 1, 1993.  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.