GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
S D
SENATE DRS15059-LH-175* (3/8)
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Short Title: Adjust Penalty/Arson & Larceny. |
(Public) |
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Sponsors: |
Senator Hartsell. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to increase the criminal penalty for second degree arson and to amend the penalty for certain offenses of larceny, embezzlement, and obtaining property by false pretenses by amending the value ranges to which the criminal penalties apply.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑58 reads as rewritten:
"§ 14‑58. Punishment for arson.
There shall be two degrees of arson as defined at the common
law. If the dwelling burned was occupied at the time of the burning, the
offense is arson in the first degree and is punishable as a Class D felony. If
the dwelling burned was unoccupied at the time of the burning, the offense is
arson in the second degree and is punishable as a Class G felony.Class
F felony."
SECTION 2. G.S. 14‑72(a) reads as rewritten:
"(a) Larceny of goods of the value of more than
one thousand dollars ($1,000) is a Class H felony. The receiving or possessing
of stolen goods of the value of more than one thousand dollars ($1,000) while
knowing or having reasonable grounds to believe that the goods are stolen is a
Class H felony. Larceny as provided in subsection (b) of this section is a
Class H felony. Receiving or possession of stolen goods as provided in
subsection (c) of this section is a Class H felony. Except as provided in
subsections (b) and (c) of this section, larceny of property, or the receiving
or possession of stolen goods knowing or having reasonable grounds to believe
them to be stolen, where the value of the property or goods is not more than
one thousand dollars ($1,000), is a Class 1 misdemeanor. In all cases of doubt,
the jury shall, in the verdict, fix the value of the property stolen.
Larceny of goods or property and the receipt or possession of stolen goods are criminal offenses punishable as provided by this section. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen. Except as provided by subsections (b) and (c) of this section, a violation of this subsection is punishable as follows:
(1) The offense is a Class 1 misdemeanor if the value of the goods or property is one thousand dollars ($1,000) or less.
(2) The offense is a Class H felony if the value of the goods or property exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000).
(3) The offense is a Class G felony if the value of the goods or property exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000).
(4) The offense is a Class F felony if the value of the goods or property exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000).
(5) The offense is a Class E felony if the value of the goods or property exceeds one hundred thousand dollars ($100,000)."
SECTION 3. G.S. 14‑74 reads as rewritten:
"§ 14‑74. Larceny by servants and other employees.
If any servant or other employee, to whom any money, goods or
other chattels, or any of the articles, securities or choses in action
mentioned in G.S. 14‑75, by his master shall be delivered safely to
be kept to the use of his master, shall withdraw himself from his master and go
away with such money, goods or other chattels, or any of the articles,
securities or choses in action mentioned as aforesaid, or any part thereof, with
intent to steal the same and defraud his master thereof, contrary to the trust
and confidence in him reposed by his said master; or if any servant, being in
the service of his master, without the assent of his master, shall embezzle
such money, goods or other chattels, or any of the articles, securities or
choses in action mentioned as aforesaid, or any part thereof, or otherwise
convert the same to his own use, with like purpose to steal them, or to defraud
his master thereof, the servant so offending shall be guilty of a felony:
Provided, that nothing contained in this section shall extend to apprentices or
servants within the age of 16 years. If the value of the money, goods, or
other chattels, or any of the articles, securities, or choses in action mentioned
in G.S. 14‑75, is one hundred thousand dollars ($100,000) or more,
the person is guilty of a Class C felony. If the value of the money, goods, or
other chattels, or any of the articles, securities, or choses in action
mentioned in G.S. 14‑75, is less than one hundred thousand dollars
($100,000), the person is guilty of a Class H felony.A violation of this
section shall be punishable as follows:
(1) If the value of the money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned in G.S. 14‑75 is one thousand dollars ($1,000) or less, the person is guilty of a Class I felony.
(2) If the value of the money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned in G.S. 14‑75 exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), the person is guilty of a Class H felony.
(3) If the value of the money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned in G.S. 14‑75 exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000), the person is guilty of a Class G felony.
(4) If the value of the money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned in G.S. 14‑75 exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000), the person is guilty of a Class F felony.
(5) If the value of the money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned in G.S. 14‑75 exceeds one hundred thousand dollars ($100,000), the person is guilty of a Class C felony."
SECTION 4. G.S. 14‑90 reads as rewritten:
"§ 14‑90. Embezzlement of property received by virtue of office or employment.
If any person exercising a public trust or holding a public
office, or any guardian, administrator, executor, trustee, or any receiver, or
any other fiduciary, or any officer or agent of a corporation, or any agent,
consignee, clerk, bailee or servant, except persons under the age of 16 years,
of any person, shall embezzle or fraudulently or knowingly and willfully
misapply or convert to his own use, or shall take, make away with or secrete,
with intent to embezzle or fraudulently or knowingly and willfully misapply or
convert to his own use any money, goods or other chattels, bank note, check or
order for the payment of money issued by or drawn on any bank or other
corporation, or any treasury warrant, treasury note, bond or obligation for the
payment of money issued by the United States or by any state, or any other
valuable security whatsoever belonging to any other person or corporation,
unincorporated association or organization which shall have come into his
possession or under his care, he shall be guilty of a felony. If the value
of the property is one hundred thousand dollars ($100,000) or more, the person
is guilty of a Class C felony. If the value of the property is less than one
hundred thousand dollars ($100,000), the person is guilty of a Class H felony.felony
punishable as follows:
(1) If the value of the property is one thousand dollars ($1,000) or less, the person is guilty of a Class I felony.
(2) If the value of the property exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), the person is guilty of a Class H felony.
(3) If the value of the property exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000), the person is guilty of a Class G felony.
(4) If the value of the property exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000), the person is guilty of a Class F felony.
(5) If the value of the property exceeds one hundred thousand dollars ($100,000), the person is guilty of a Class C felony."
SECTION 5. G.S. 14‑91 reads as rewritten:
"§ 14‑91. Embezzlement of State property by public officers and employees.
If any officer, agent, or employee of the State, or other
person having or holding in trust for the same any bonds issued by the State,
or any security, or other property and effects of the same, shall embezzle or
knowingly and willfully misapply or convert the same to his own use, or
otherwise willfully or corruptly abuse such trust, such offender and all persons
knowingly and willfully aiding and abetting or otherwise assisting therein
shall be guilty of a felony. If the value of the property is one hundred
thousand dollars ($100,000) or more, a violation of this section is a Class C
felony. If the value of the property is less than one hundred thousand dollars
($100,000), a violation of this section is a Class F felony.felony
punishable as follows:
(1) If the value of the property is one thousand dollars ($1,000) or less, the person is guilty of a Class I felony.
(2) If the value of the property exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), the person is guilty of a Class H felony.
(3) If the value of the property exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000), the person is guilty of a Class G felony.
(4) If the value of the property exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000), the person is guilty of a Class F felony.
(5) If the value of the property exceeds one hundred thousand dollars ($100,000), the person is guilty of a Class C felony."
SECTION 6. G.S. 14‑92 reads as rewritten:
"§ 14‑92. Embezzlement of funds by public officers and trustees.
(a) If an officer, agent, or employee of an
entity listed below, in subsection (c) of this section or a
person having or holding money or property in trust for one of the listed
entities,entities listed in subsection (c) of this section, shall
embezzle or otherwise willfully and corruptly use or misapply the same for any
purpose other than that for which such moneys or property is held, such person
shall be guilty of a felony. If the value of the money or property is one
hundred thousand dollars ($100,000) or more, the person is guilty of a Class C
felony. If the value of the money or property is less than one hundred thousand
dollars ($100,000), the person is guilty of a Class F felony.felony
punishable as follows:
(1) If the value of the money or property is one thousand dollars ($1,000) or less, the person is guilty of a Class I felony.
(2) If the value of the money or property exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), the person is guilty of a Class H felony.
(3) If the value of the money or property exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000), the person is guilty of a Class G felony.
(4) If the value of the money or property exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000), the person is guilty of a Class F felony.
(5) If the value of the money or property exceeds one hundred thousand dollars ($100,000), the person is guilty of a Class C felony."
(b) If any clerk of the superior court or any
sheriff, treasurer, register of deeds or other public officer of any county,
unit or agency of local government, or local board of education shall embezzle
or wrongfully convert to his own use, or corruptly use, or shall misapply for
any purpose other than that for which the same are held, or shall fail to pay
over and deliver to the proper persons entitled to receive the same when
lawfully required so to do, any moneys, funds, securities or other property
which such officer shall have received by virtue or color of his office in
trust for any person or corporation, such officer shall be guilty of a felony.
If the value of the money, funds, securities, or other property is one hundred
thousand dollars ($100,000) or more, the person is guilty of a Class C felony.
If the value of the money, funds, securities, or other property is less than
one hundred thousand dollars ($100,000), the person is guilty of a Class F
felony.felony punishable as follows:
(1) If the value of the money, funds, securities, or other property is one thousand dollars ($1,000) or less, the person is guilty of a Class I felony.
(2) If the value of the money, funds, securities, or other property exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), the person is guilty of a Class H felony.
(3) If the value of the money, funds, securities, or other property exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000), the person is guilty of a Class G felony.
(4) If the value of the money, funds, securities, or other property exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000), the person is guilty of a Class F felony.
(5) If the value of the money, funds, securities, or other property exceeds one hundred thousand dollars ($100,000), the person is guilty of a Class C felony."
(c) The provisions of this section shall apply to all persons who shall go out of office and fail or neglect to account to or deliver over to their successors in office or other persons lawfully entitled to receive the same all such moneys, funds and securities or property aforesaid. The following entities are protected by this section: a county, a city or other unit or agency of local government, a local board of education, and a penal, charitable, religious, or educational institution."
SECTION 7. G.S. 14‑93 reads as rewritten:
"§ 14‑93. Embezzlement by treasurers of charitable and religious organizations.
If any treasurer or other financial officer of any benevolent
or religious institution, society or congregation shall lend any of the moneys
coming into his hands to any other person or association without the consent of
the institution, association or congregation to whom such moneys belong; or, if
he shall fail to account for such moneys when called on, he shall be guilty of
a felony. If the violation of this section involves money with a value of
one hundred thousand dollars ($100,000) or more, the person is guilty of a
Class C felony. If the violation of this section involves money with a value of
less than one hundred thousand dollars ($100,000) or less, a violation of this
section is a Class H felony.felony punishable as follows:
(1) If the violation of this section involves money with a value of one thousand dollars ($1,000) or less, the person is guilty of a Class I felony.
(2) If the violation of this section involves money with a value that exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), the person is guilty of a Class H felony.
(3) If the violation of this section involves money with a value that exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000), the person is guilty of a Class G felony.
(4) If the violation of this section involves money with a value that exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000), the person is guilty of a Class F felony.
(5) If the violation of this section involves money with a value that exceeds one hundred thousand dollars ($100,000), the person is guilty of a Class C felony."
SECTION 8. G.S. 14‑97 reads as rewritten:
"§ 14‑97. Appropriation of partnership funds by partner to personal use.
Any person engaged in a partnership business in the State of
North Carolina who shall, without the knowledge and consent of his copartner or
copartners, take funds belonging to the partnership business and appropriate
the same to his own personal use with the fraudulent intent of depriving his
copartners of the use thereof, shall be guilty of a felony. Appropriation of
partnership funds with a value of one hundred thousand dollars ($100,000) or
more by a partner is a Class C felony. Appropriation of partnership funds with
the value of less than one hundred thousand dollars ($100,000) by a partner is
a Class H felony.felony punishable as follows:
(1) Appropriation of partnership funds with a value of one thousand dollars ($1,000) or less is a Class I felony.
(2) Appropriation of partnership funds with a value that exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000) is a Class H felony.
(3) Appropriation of partnership funds with a value that exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000) is a Class G felony.
(4) Appropriation of partnership funds with a value that exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000) is a Class F felony.
(5) Appropriation of partnership funds with a value that exceeds one hundred thousand dollars ($100,000) is a Class C felony."
SECTION 9. G.S. 14‑98 reads as rewritten:
"§ 14‑98. Embezzlement by surviving partner.
If any surviving partner shall willfully and intentionally
convert any of the property, money or effects belonging to the partnership to
his own use, and refuse to account for the same on settlement, he shall be
guilty of a felony. If the property, money, or effects has a value of one
hundred thousand dollars ($100,000) or more, a violation of this section is a
Class C felony. If the property, money, or effects has a value of less than one
hundred thousand dollars ($100,000), a violation of this section is a Class H
felony.felony punishable as follows:
(1) If the property, money, or effects has a value of one thousand dollars ($1,000) or less, the person is guilty of a Class I felony.
(2) If the property, money, or effects has a value that exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), the person is guilty of a Class H felony.
(3) If the property, money, or effects has a value that exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000), the person is guilty of a Class G felony.
(4) If the property, money, or effects has a value that exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000), the person is guilty of a Class F felony.
(5) If the property, money, or effects has a value that exceeds one hundred thousand dollars ($100,000), the person is guilty of a Class C felony."
SECTION 10. G.S. 14‑99 reads as rewritten:
"§ 14‑99. Embezzlement of taxes by officers.
If any officer appropriates to his own use the State, county,
school, city or town taxes, he shall be guilty of embezzlement, and shall be
punished as a felon. If the value of the taxes is one hundred thousand dollars
($100,000) or more, a violation of this section is a Class C felony. If the
value of the taxes is less than one hundred thousand dollars ($100,000), a
violation of this section is a Class F felony.embezzlement. A violation
of this section shall be punishable as follows:
(1) If the value of the taxes is one thousand dollars ($1,000) or less, the person is guilty of a Class I felony.
(2) If the value of the taxes exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), the person is guilty of a Class H felony.
(3) If the value of the taxes exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000), the person is guilty of a Class G felony.
(4) If the value of the taxes exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000), the person is guilty of a Class F felony.
(5) If the value of the taxes exceeds one hundred thousand dollars ($100,000), the person is guilty of a Class C felony."
SECTION 11. G.S. 14‑100(a) reads as rewritten:
"(a) If any person shall knowingly and designedly
by means of any kind of false pretense whatsoever, whether the false pretense
is of a past or subsisting fact or of a future fulfillment or event, obtain or
attempt to obtain from any person within this State any money, goods, property,
services, chose in action, or other thing of value with intent to cheat or
defraud any person of such money, goods, property, services, chose in action or
other thing of value, such person shall be guilty of a felony: Provided, that
if, on the trial of anyone indicted for such crime, it shall be proved that he
obtained the property in such manner as to amount to larceny or embezzlement,
the jury shall have submitted to them such other felony proved; and no person
tried for such felony shall be liable to be afterwards prosecuted for larceny
or embezzlement upon the same facts: Provided, further, that it shall be
sufficient in any indictment for obtaining or attempting to obtain any such
money, goods, property, services, chose in action, or other thing of value by
false pretenses to allege that the party accused did the act with intent to
defraud, without alleging an intent to defraud any particular person, and
without alleging any ownership of the money, goods, property, services, chose
in action or other thing of value; and upon the trial of any such indictment,
it shall not be necessary to prove either an intent to defraud any particular
person or that the person to whom the false pretense was made was the person
defrauded, but it shall be sufficient to allege and prove that the party
accused made the false pretense charged with an intent to defraud. If the
value of the money, goods, property, services, chose in action, or other thing
of value is one hundred thousand dollars ($100,000) or more, a violation of
this section is a Class C felony. If the value of the money, goods, property,
services, chose in action, or other thing of value is less than one hundred
thousand dollars ($100,000), a violation of this section is a Class H felony.A
violation of this section is a felony punishable as follows:
(1) If the value of the money, goods, property, services, chose in action, or other thing of value is one thousand dollars ($1,000) or less, the person is guilty of a Class I felony.
(2) If the value of the money, goods, property, services, chose in action, or other thing of value exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), the person is guilty of a Class H felony.
(3) If the value of the money, goods, property, services, chose in action, or other thing of value exceeds ten thousand dollars ($10,000) but does not exceed fifty thousand dollars ($50,000), the person is guilty of a Class G felony.
(4) If the value of the money, goods, property, services, chose in action, or other thing of value exceeds fifty thousand dollars ($50,000) but does not exceed one hundred thousand dollars ($100,000), the person is guilty of a Class F felony.
(5) If the value of the money, goods, property, services, chose in action, or other thing of value exceeds one hundred thousand dollars ($100,000), the person is guilty of a Class C felony."
SECTION 12. This act becomes effective December 1, 2007, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.