NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 522

HOUSE BILL 474

AN ACT TO CLARIFY THE LAWS RELATING TO LARCENY.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 14-70 is rewritten to read as follows: "G.S. 14-70 Distinctions between grand and petit larceny abolished; punishment; accessories to larceny. All distinctions between petit and grand larceny are abolished. Unless otherwise provided by statute, larceny is a felony punishable under G.S. 14-2 and is subject to the same rules of criminal procedure and principles of law as to accessories before and after the fact as other felonies."

Sec. 2.  G.S. 14-72 is rewritten to read as follows: "G.S. 14-72 Larceny of property, or the receiving of stolen goods, not exceeding two hundred dollars in value. (a) Except as provided in subsections (b) and (c) below, the larceny of property, or the receiving of stolen goods knowing them to be stolen, of the value of not more than two hundred dollars ($200.00) is a misdemeanor punishable under G.S. 14-3(a). In all cases of doubt the jury shall, in the verdict, fix the value of the property stolen.

(b)        The crime of larceny is a felony, without regard to the value of the property in question, if the larceny is:

(1)        From the person; or

(2)        Committed pursuant to a violation of G.S. 14-51, 14-53, 14-54 or 14-57; or

(3)        Of any explosive or incendiary device or substance. As used in this Section, the phrase 'explosive or incendiary device or substance' shall include any explosive or incendiary grenade or bomb; any dynamite, blasting powder, nitroglycerine, TNT, or other high explosive; or any device, ingredient for such device, or type or quantity of substance primarily useful for large scale destruction of property by explosive or incendiary action or lethal injury to persons by explosive or incendiary action. This definition shall not include fireworks; any weapon, gunpowder, ammunition, or other device or substance primarily useful in hunting or sport; any antique or souvenir weapon or ammunition; or any form, type, or quantity of gasoline, butane gas, natural gas, or any other substance having explosive or incendiary properties but serving a legitimate nondestructive or nonlethal use in the form, type, or quantity stolen."

"(c)       The crime of receiving stolen goods knowing them to be stolen in the circumstances described in subsection (b) is a felony, without regard to the value of the property in question."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 19th day of May, 1969.