§ 14-72. Larceny of property; receiving stolen goods or possessing stolen goods.
§ 14‑72. Larceny ofproperty; receiving stolen goods or possessing stolen goods.
(a) Larceny of goods ofthe value of more than one thousand dollars ($1,000) is a Class H felony. Thereceiving or possessing of stolen goods of the value of more than one thousanddollars ($1,000) while knowing or having reasonable grounds to believe that thegoods are stolen is a Class H felony. Larceny as provided in subsection (b) ofthis section is a Class H felony. Receiving or possession of stolen goods asprovided in subsection (c) of this section is a Class H felony. Except asprovided in subsections (b) and (c) of this section, larceny of property, orthe receiving or possession of stolen goods knowing or having reasonablegrounds to believe them to be stolen, where the value of the property or goodsis not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. Inall cases of doubt, the jury shall, in the verdict, fix the value of theproperty stolen.
(b) The crime oflarceny is a felony, without regard to the value of the property in question,if the larceny is any of the following:
(1) From the person.
(2) Committed pursuantto a violation of G.S. 14‑51, 14‑53, 14‑54, 14‑54.1, or14‑57.
(3) Of any explosive orincendiary device or substance. As used in this section, the phrase"explosive or incendiary device or substance" shall include anyexplosive or incendiary grenade or bomb; any dynamite, blasting powder,nitroglycerin, TNT, or other high explosive; or any device, ingredient for suchdevice, or type or quantity of substance primarily useful for large‑scaledestruction of property by explosive or incendiary action or lethal injury topersons by explosive or incendiary action. This definition shall not includefireworks; or any form, type, or quantity of gasoline, butane gas, natural gas,or any other substance having explosive or incendiary properties but serving alegitimate nondestructive or nonlethal use in the form, type, or quantitystolen.
(4) Of any firearm. Asused in this section, the term "firearm" shall include any instrumentused in the propulsion of a shot, shell or bullet by the action of gunpowder orany other explosive substance within it. A "firearm," which at thetime of theft is not capable of being fired, shall be included within this definitionif it can be made to work. This definition shall not include air rifles or airpistols.
(5) Of any record orpaper in the custody of the North Carolina State Archives as defined by G.S.121‑2(7) and G.S. 121‑2(8).
(c) The crime ofpossessing stolen goods knowing or having reasonable grounds to believe them tobe stolen in the circumstances described in subsection (b) is a felony or thecrime of receiving stolen goods knowing or having reasonable grounds to believethem to be stolen in the circumstances described in subsection (b) is a felony,without regard to the value of the property in question.
(d) Where the larcenyor receiving or possession of stolen goods as described in subsection (a) ofthis section involves the merchandise of any store, a merchant, a merchant'sagent, a merchant's employee, or a peace officer who detains or causes thearrest of any person shall not be held civilly liable for detention, maliciousprosecution, false imprisonment, or false arrest of the person detained or arrested,when such detention is upon the premises of the store or in a reasonableproximity thereto, is in a reasonable manner for a reasonable length of time,and, if in detaining or in causing the arrest of such person, the merchant, themerchant's agent, the merchant's employee, or the peace officer had, at thetime of the detention or arrest, probable cause to believe that the personcommitted an offense under subsection (a) of this section. If the person beingdetained by the merchant, the merchant's agent, or the merchant's employee, isa minor under the age of 18 years, the merchant, the merchant's agent, or themerchant's employee, shall call or notify, or make a reasonable effort to callor notify the parent or guardian of the minor, during the period of detention.A merchant, a merchant's agent, or a merchant's employee, who makes areasonable effort to call or notify the parent or guardian of the minor shallnot be held civilly liable for failing to notify the parent or guardian of theminor. (1895, c.285; Rev., s. 3506; 1913, c. 118, s. 1; C.S., s. 4251; 1941, c. 178, s. 1;1949, c. 145, s. 2; 1959, c. 1285; 1961, c. 39, s. 1; 1965, c. 621, s. 5; 1969,c. 522, s. 2; 1973, c. 238, ss. 1, 2; 1975, c. 163, s. 2; c. 696, s. 4; 1977,c. 978, ss. 2, 3; 1979, c. 408, s. 1; c. 760, s. 5; 1979, 2nd Sess., c. 1316,ss. 11, 47; 1981, c. 63, s. 1; c. 179, s. 14; 1991, c. 523, s. 2; 1993, c. 539,s. 34; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 185, s. 2; 2006‑259, s.4(a).)