GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 1077

Short Title:  Amend Burglary.	(Public)

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Sponsors: Senator Dalton.

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Referred to:  Judiciary.

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April 21, 1997

A BILL TO BE ENTITLED
AN ACT TO AMEND THE OFFENSES OF FIRST AND SECOND DEGREE BURGLARY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-51 reads as rewritten:
"§ 14-51. First and second degree burglary.
(a)	First degree burglary. – It is first degree burglary if a person does the following: with the intent of committing a larceny or felony breaks or enters without consent a dwelling house or a room used as a sleeping apartment in any building with the intent of committing a felony, and any person is in the actual occupation of any part of the dwelling house or sleeping apartment at the time of the entry.
(b)	Second degree burglary. – It is second degree burglary if a person does the following: with the intent of committing a larceny or felony breaks or enters without consent a dwelling house or sleeping apartment not actually occupied by anyone at the time of the entry, or if the person enters any house within the curtilage of a dwelling house or in any building not a dwelling house, but in which is a room used as a sleeping apartment and not actually occupied as such at the time of the entry.
(c)	Definition. – For the purposes of defining the crime of burglary, larceny shall be deemed a felony without regard to the value of the property in question."
Section 2.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.