Effective December 1, 2023, Session Law 2023-151 amended G.S. 14-56 (Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircrafts, boats, or other watercraft) to provide for sentencing enhancements based on the aggregated value of any property taken. In amending the statute, the General Assembly added elements – taking and value – to these enhanced crimes. The General Assembly also amended G.S. 14-86.1 (Seizure and forfeiture of conveyances used in committing larceny and similar crimes) to include violating G.S. 14-56 as a basis for vehicle seizure and forfeiture. This post will review the statutory amendments and new elements, and consider whether a person may also be convicted of and punished for larceny in connection with a violation of G.S. 14-56.
elements of crimes
How do I learn a North Carolina General Statute’s legislative history?
In a previous blog post, I wrote about an inquiry we received at the School of Government about North Carolina General Statute Section 14-51, reproduced below. In that post, I addressed how to find the elements (what must be proven) of burglary. In this post, I will talk about how to find the legislative history of this, and any, statute.
Where can I find the definition of a North Carolina crime?
Recently questions came to me and my SOG criminal law colleagues about the crime of burglary in North Carolina that made it clear some readers would benefit from a discussion of statutory versus common law definitions of criminal offenses, as well as how to research legislative history. I will address these two issues using one scenario across a couple of blog posts. I hope these posts will help in interpreting and understanding statutes.