GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

SESSION LAW 2016-26

HOUSE BILL 283

AN ACT to enhance criminal penalties for persons who commit a trespass to real property by reentering after removal pursuant to a valid order or by knowingly creating or presenting a false document of title or possession.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑159.12 reads as rewritten:

"§ 14‑159.12.  First degree trespass.

(a)        Offense. – A person commits the offense of first degree trespass if, without authorization, he enters or remains:

(1)        On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; or

(2)        In a building of another.

(b)        Except as otherwise provided in subsection (c) or (d)(c), (d), or (f) of this section, first degree trespass is a Class 2 misdemeanor.

...

(f) A violation of subsection (a) of this section is a Class I felony and shall include a fine of not less than one thousand dollars ($1,000) for each violation, if any of the following circumstances exist:

(1) The offense occurs on real property where the person has reentered after having previously been removed pursuant to the execution of a valid order or writ for possession.

(2) The offense occurs under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest."

SECTION 2.  This act becomes effective December 1, 2016, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 20^th day of June, 2016.

                                                                    s/  Robert A. Rucho

                                                                         Presiding Officer of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 4:03 p.m. this 22^nd day of June, 2016