NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 816

HOUSE BILL 392

 

 

AN ACT TO AMEND THE ARSON LAWS, BEING ARTICLE 15, CHAPTER 14, OF THE GENERAL STATUTES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-59 is rewritten to read as follows:

"§ 14-59.  Burning of certain public buildings. — If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of, the State Capitol, the Legislative Building, the Justice Building or any building owned or occupied by the State or any of its agencies, institutions or subdivisions or by any county, incorporated city or town or other governmental or quasi-governmental entity, he shall be guilty of a felony and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court."

Sec. 2.  G.S. 14-60 is rewritten to read as follows:

"§ 14-60.  Burning of schoolhouses or buildings of educational institutions. — If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of, any schoolhouse or building owned, leased or used by any public or private school, college or educational institution, he shall be guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court."

Sec. 3.  G.S. 14-61 is rewritten to read as follows:

"§ 14-61.  Burning of certain bridges and buildings. — If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of, any public bridge, or private toll bridge, or the bridge of any incorporated company, or any fire engine house or rescue squad building, or any house belonging to an incorporated company or unincorporated association and used in the business of such company or association, he shall be guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court."

Sec. 4.  G.S. 14-62 is rewritten to read as follows:

"§ 14-62.  Burning of churches and certain other buildings. — If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of, any uninhabited house, any church, chapel or meetinghouse, or any stable, coach house, outhouse, warehouse, office, shop, mill, barn or granary, or any building, structure or erection used or intended to be used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, he shall be guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court."

Sec. 5.  G.S. 14-62.1 is rewritten to read as follows:

"§ 14-62.1.  Burning of building or structure in process of construction. — If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of, any building or structure in the process of construction for use or intended to be used as a dwelling house or in carrying on any trade or manufacture, or otherwise, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, he shall be guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court."

Sec. 6.  G.S. 14-63 is rewritten to read as follows:

"§ 14-63.  Burning of boats and barges. — If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of, any boat, barge, ferry or float, without the consent of the owner thereof, he shall be guilty of a felony and shall, on conviction, be punished by imprisonment in the State's prison for not less than four months nor more than ten years, and may also be fined in the discretion of the court. In the event the consent of the owner is given for an unlawful or fraudulent purpose, however, the penalty provisions of this section shall remain in full force and effect."

Sec. 7.  G.S. 14-64 is rewritten to read as follows:

"§ 14-64.  Burning of ginhouses and tobacco houses. — If any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of, any ginhouse or tobacco house, or any part thereof, he shall, on conviction, be imprisoned in the State's prison for not less than four months nor more than ten years, and may also be fined in the discretion of the Court."

Sec. 8.  G.S. 14-65 is rewritten to read as follows:

"§ 14-65.  Fraudulently setting fire to dwelling houses. — If any person, being the occupant of any building used as a dwelling house, whether such person be the owner thereof or not, or, being the owner of any building designed or intended as a dwelling house, shall wantonly and willfully or for a fraudulent purpose set fire to or burn or cause to be burned, or aid, counsel or procure the burning of such building, he shall be guilty of a felony, and shall, on conviction, be punished by imprisonment in the State's prison for not less than four months nor more than ten years, and may also be fined in the discretion of the court."

Sec. 9.  G.S. 14-66 is rewritten to read as follows:

"§ 14-66.  Burning of personal property. — If any person shall wantonly and willfully set fire to or burn, or cause to be burned, or aid, counsel or procure the burning of, any goods, wares, merchandise or other chattels or personal property of any kind, whether or not the same shall at the time be insured by any person or corporation against loss or damage by fire, with intent to injure or prejudice the insurer, the creditor or the person owning the property, or any other person, whether the property is that of such person or another, he shall be guilty of a felony and shall, on conviction, be imprisoned in the State's prison for not less than four months nor more than ten years, and may also be fined in the discretion of the court."

Sec. 10.  G.S. 14-67 is rewritten to read as follows:

"§ 14-67.  Attempting to burn dwelling houses and certain other buildings. — If any person shall wantonly and willfully attempt to set fire to or burn or cause to be burned any dwelling house, uninhabited house, the State Capitol, the Legislative Building, the Justice Building or any building owned or occupied by the State or any of its agencies, institutions or subdivisions or by any county, incorporated city or town or other governmental or quasi-governmental entity, any schoolhouse or building owned, leased or used by any public or private school, college or educational institution, or any public bridge, private toll bridge or the bridge of any incorporated company, or any fire engine house or rescue squad building, or any house belonging to an incorporated company or unincorporated association and used in the business of such company or association, any church, chapel or meetinghouse, or any stable, coach house, outhouse, warehouse, office, shop, mill, barn or granary, or any building, structure or erection used or intended to be used in carrying on any trade or manufacture, or otherwise, any boat, barge, ferry, or float, any ginhouse or tobacco house, or any part thereof, whether such buildings or structures or any of them shall then be in the possession of the offender or in the possession of any other person, he shall be guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than four months nor more than ten years, and may also be fined in the discretion of the court."

Sec. 11.  Article 15 of Chapter 14 of the General Statutes is hereby amended by adding a new section to be designated G.S. 14-67.1, and to read as follows:

"§ 14-67.1.  Burning or attempting to burn other buildings. — If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of, or attempt to burn, any building or other structure of any type not otherwise covered by the provisions of this Article, he shall be guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than four months nor more than ten years, and may also be fined in the discretion of the court."

Sec. 12.  The provisions of this act shall have no application to or effect upon criminal offenses committed prior to the effective date of this act, but the provisions of G.S. 14-59, G.S. 14-60, G.S. 14-61, G.S. 14-62, G.S. 14-62.1, G.S. 14-63, G.S. 14-64, G.S. 14-65, G.S. 14-66 and G.S. 14-67, as the same now appear in the General Statutes shall remain in full force and effect with respect to all such offenses.

Sec. 13.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 12th day of July, 1971.