North Carolina 2025-2026 Regular Session

North Carolina House Bill H315 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 2
	3	+	H 1
4	4		HOUSE BILL 315
5		-	~~Committee Substitute Favorable 3/18/25~~
	5	+
6	6
7	7		Short Title: Gift Card Theft & Unlawful Business Entry. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Representatives Pyrtle, Miller, Carson Smith, and Reives (Primary Sponsors).
	9	+	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
	10	+	Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
10	11		March 10, 2025
11		-	H315 -v-2
	12	+	H315 -v-1
12	13		A BILL TO BE ENTITLED 1
13		-	AN ACT TO ESTABLISH AN OFFENSE FOR ENTERING A PART OF A BUILDING NOT 2
14		-	OPEN TO THE PUBLIC WITH THE INTENT TO COMMIT AN UNLAWFUL ACT ; TO 3
15		-	ESTABLISH THE OFFENS E OF LARCENY OF GIFT CARDS; TO REVISE THE 4
16		-	ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT 5
17		-	CARDS; AND TO PROVIDE CIVIL LIABILITY FOR LARCENY OF GIFT CARDS. 6
18		-	The General Assembly of North Carolina enacts: 7
19		-	SECTION 1. G.S. 14-54 is amended by adding a new subsection to read: 8
20		-	"(b1) Any person who, with the intent to commit an unlawful act, enters any area of a 9
21		-	building (i) that is commonly reserved for personnel of a commercial business where money or 10
22		-	other property is kept or (ii) clearly marked with a sign that indicates to the public that entry is 11
23		-	forbidden is guilty of a Class 1 misdemeanor for a first offense and a Class I felony for a second 12
24		-	or subsequent offense." 13
25		-	SECTION 2. Article 16 of Chapter 14 of the General Statutes is amended by adding 14
26		-	a new section to read: 15
27		-	"§ 14-72.12. Larceny of gift cards. 16
28		-	(a) Definitions. – For purposes of this section, the terms "gift card," "gift card issuer," 17
29		-	"gift card redemption information," and "gift card value" are as defined in G.S. 14-86.5. 18
30		-	(b) Offense. – A person commits the offense of larceny of gift cards if the person does 19
31		-	any of the following: 20
32		-	(1) Acquires or retains possession of a gift card or gift card redemption 21
33		-	information without the consent of the cardholder or card issuer. 22
34		-	(2) Obtains a gift card or gift card redemption information from a cardholder or 23
35		-	card issuer by means of false or fraudulent pretenses, representations, or 24
36		-	promises. 25
37		-	(3) Alters or tampers with a gift card or its packaging with intent to defraud 26
38		-	another. 27
39		-	(c) Punishment. – A violation of this section is a Class 1 misdemeanor if the value of the 28
40		-	gift card acquired, retained, or for which the card redemption information is obtained, or is altered 29
41		-	or tampered with, is not more than one thousand dollars ($1,000). Any other violation of this 30
42		-	section is a Class H felony." 31
43		-	SECTION 3. G.S. 14-86.5 reads as rewritten: 32
44		-	"§ 14-86.5. Definitions. 33
45		-	The following definitions apply in this Article: 34
46		-	(1) "Retail property." – Any article, product, commodity, item, or component 35
47		-	intended to be sold in retail commerce.Gift card. – A record evidencing a 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 315-Second Edition
	14	+	AN ACT TO ESTABLISH AN OFFENSE FOR WRONG FULLY ENTERING A PART OF A 2
	15	+	BUILDING NOT OPEN TO THE PUBLIC; TO ESTABLISH THE OFFENSE OF 3
	16	+	LARCENY OF GIFT CARD S; AND TO REVISE THE ORGANIZED RETAIL THEFT 4
	17	+	OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT CARDS. 5
	18	+	The General Assembly of North Carolina enacts: 6
	19	+	SECTION 1. G.S. 14-54 is amended by adding a new subsection to read: 7
	20	+	"(b1) Any person who knowingly and wrongfully enters any area of a building (i) that is 8
	21	+	commonly reserved for personnel of a commercial business where money or other property is 9
	22	+	kept or (ii) clearly marked with a sign that indicates to the public that entry is forbidden is guilty 10
	23	+	of a Class 1 misdemeanor for a first offense and a Class I felony for a second or subsequent 11
	24	+	offense." 12
	25	+	SECTION 2. Article 16 of Chapter 14 of the General Statutes is amended by adding 13
	26	+	a new section to read: 14
	27	+	"§ 14-72.12. Larceny of gift cards; receiving stolen gift cards or possessing stolen gift cards. 15
	28	+	(a) Definitions. – For purposes of this section, the terms "gift card," "gift card issuer," 16
	29	+	"gift card redemption information," and "gift card value" are as defined in G.S. 14-86.5. 17
	30	+	(b) Offense. – A person commits the offense of larceny of gift cards if the person does 18
	31	+	any of the following: 19
	32	+	(1) Acquires or retains possession of a gift card or gift card redemption 20
	33	+	information without the consent of the cardholder or card issuer. 21
	34	+	(2) Obtains a gift card or gift card redemption information from a cardholder or 22
	35	+	card issuer by means of false or fraudulent pretenses, representations, or 23
	36	+	promises. 24
	37	+	(3) Alters or tampers with a gift card or its packaging with intent to defraud 25
	38	+	another. 26
	39	+	(c) Punishment. – A violation of this section is a Class 1 misdemeanor if the value of the 27
	40	+	gift card acquired, retained, or for which the card redemption information is obtained, or is altered 28
	41	+	or tampered with, is not more than one thousand dollars ($1,000). Any other violation of this 29
	42	+	section is a Class H felony." 30
	43	+	SECTION 3. G.S. 14-86.5 reads as rewritten: 31
	44	+	"§ 14-86.5. Definitions. 32
	45	+	The following definitions apply in this Article: 33
	46	+	(1) "Retail property." – Any article, product, commodity, item, or component 34
	47	+	intended to be sold in retail commerce.Gift card. – A record evidencing a 35 General Assembly Of North Carolina Session 2025
	48	+	Page 2 House Bill 315-First Edition
49	49		promise, made for monetary consideration, by a seller or issuer that goods or 1
50	50		services will be provided to the owner of the record to the value shown in the 2
51	51		record. A gift card includes a record that contains a microprocessor chip, 3
52	52		magnetic strip, or other storage medium that is prefunded and for which the 4
53	53		value is adjusted upon each use, a gift certificate, a stored-value card or 5
54	54		certificate, a store card, or a prepaid long-distance telephone service that is 6
55	55		activated by a prepaid card that required dialing an access number or an access 7
56	56		code in addition to dialing the phone number to which the user of the prepaid 8
57	57		card seeks to connect. 9
58	58		(2) Repealed by Session Laws 2024-22, s. 2(a), effective December 1, 2024, and 10
59	59		applicable to offenses committed on or after that date. 11
60	60		(3) "Theft." – To take possession of, carry away, transfer, or cause to be carried 12
61	61		away the retail property of another with the intent to steal the retail 13
62	62		property.Gift card issuer. – Any person or entity that sells, distributes, or 14
63	63		supplies a gift card. 15
64	64		(4) "Value." – The retail value of an item as advertised by the affected retail 16
65	65		establishment, to include all applicable taxes.Gift card redemption 17
66	66		information. – Any information unique to a gift card that allows the cardholder 18
67	67		to access, transfer, or spend the funds on that gift card. 19
68	68		(5) Gift card value. – The maximum monetary value that can be applied to the 20
69	69		card. 21
70	70		(6) Retail property. – Any article, product, commodity, item, or component 22
71	71		intended to be sold in retail commerce. 23
72	72		(7) Theft. – To take possession of, carry away, transfer, or cause to be carried 24
73	73		away the retail property of another with the intent to steal the retail property. 25
74	74		(8) Value. – The retail value of an item as advertised by the affected retail 26
75	75		establishment, to include all applicable taxes." 27
76	76		SECTION 4. G.S. 14-86.6 reads as rewritten: 28
77	77		"§ 14-86.6. Organized retail theft. 29
78	78		(a) Offense. – A person commits the offense of organized retail theft if the person does 30
79	79		any of the following: 31
80	80		(1) Conspires with another person to commit theft of retail property from retail 32
81	81		establishments with the intent to sell, transfer, or possess that retail property 33
82	82		for monetary or other gain. 34
83	83		(2) Receives or possesses any retail property that has been taken or stolen in 35
84	84		violation of subdivision (1) of this subsection while knowing or having 36
85	85		reasonable grounds to believe the property is stolen. 37
86	86		(3) Conspires with two or more other persons as an organizer, supervisor, 38
87	87		financier, leader, or manager to engage for profit in a scheme or course of 39
88	88		conduct to effectuate or intend to effectuate the transfer or sale of property 40
89	89		stolen from a merchant in violation of this section. 41
90	90		(4) Conspires with another person to acquire or retain possession of a gift card or 42
91	91		gift card redemption information without the consent of the cardholder or card 43
92	92		issuer. 44
93	93		(5) Devises a scheme with one or more persons to obtain a gift card or gift card 45
94	94		redemption information from a cardholder or card issuer by means of false or 46
95	95		fraudulent pretenses, representations, or promises. 47
96	96		(6) Conspires with another person to alter or tamper with a gift card or its 48
97	97		packaging with intent to defraud another. 49
98	98		… 50 General Assembly Of North Carolina Session 2025
99		-	House Bill 315-~~Second~~ Edition Page 3
	99	+	House Bill 315-First Edition Page 3
100	100		(a2) Punishments. – The following classifications apply to the offense of organized retail 1
101	101		theft: 2
102	102		(1) An offense when the gift card value or the retail property has a value 3
103	103		exceeding one thousand five hundred dollars ($1,500) aggregated over a 4
104	104		90-day period is a Class H felony. 5
105	105		(2) An offense when the gift card value or the retail property has a value 6
106	106		exceeding twenty thousand dollars ($20,000) aggregated over a 90-day period 7
107	107		is a Class G felony. 8
108	108		(3) An offense when the gift card value or the retail property has a value 9
109	109		exceeding fifty thousand dollars ($50,000) aggregated over a 90-day period is 10
110	110		a Class F felony. 11
111	111		(4) An offense when the gift card value or the retail property has a value 12
112	112		exceeding one hundred thousand dollars ($100,000) aggregated over a 90-day 13
113	113		period is a Class C felony. 14
114	114		… 15
115	115		(c) Multiple Thefts. – Thefts of gift cards, gift card redemption information, or retail 16
116	116		property occurring in more than one county may be aggregated into an alleged violation of this 17
117	117		section. Each county where a part of the charged offense occurs has concurrent venue as 18
118	118		described in G.S. 15A-132." 19
119		-	SECTION 5. G.S. 1-538.2 reads as rewritten: 20
120		-	"§ 1-538.2. Civil liability for larceny, shoplifting, theft by employee, organized retail theft, 21
121		-	embezzlement, obtaining property by false pretense, and other offenses. 22
122		-	(a) Any person, other than an unemancipated minor, who commits an act that is 23
123		-	punishable under G.S. 14-72, 14-72.1, 14-72.11, 14-72.12, 14-74, 14-86.6, 14-86.7, 14-90, or 24
124		-	14-100 is liable for civil damages to the owner of the property. In any action brought by the 25
125		-	owner of the property, the owner is entitled to recover the value of the goods or merchandise, if 26
126		-	the goods or merchandise have been destroyed, or any loss of value to the goods or merchandise, 27
127		-	if the goods or merchandise were recovered, or the amount of any money lost by reason of the 28
128		-	theft or embezzlement or fraud of an employee. The owner of the property is also entitled to 29
129		-	recover for loss to real or personal property caused in the commission of the act. In addition to 30
130		-	the above, the owner of the property is entitled to recover any consequential damages, and 31
131		-	punitive damages, together with reasonable attorneys' fees. The total consequential damages 32
132		-	awarded to a plaintiff against a defendant under this section shall not be less than one hundred 33
133		-	fifty dollars ($150.00) and shall not exceed three thousand dollars ($3,000) except an act 34
134		-	punishable under G.S. 14-74, 14-86.6, 14-86.7, or 14-90 shall have no maximum limit under this 35
135		-	section. 36
136		-	(b) The parent or legal guardian, having the care, custody and control of an 37
137		-	unemancipated minor who commits an act punishable under G.S. 14-72, 14-72.1, 14-72.11, 38
138		-	14-72.12, 14-74, 14-86.6, 14-86.7, 14-90, or 14-100, is civilly liable to the owner of the property 39
139		-	obtained by the act if such parent or legal guardian knew or should have known of the propensity 40
140		-	of the child to commit such an act; and had the opportunity and ability to control the child, and 41
141		-	made no reasonable effort to correct or restrain the child. In an action brought against the parent 42
142		-	or legal guardian by the owner, the owner is entitled to recover the amounts specified in 43
143		-	subsection (a) except punitive damages. The total consequential damages awarded to a plaintiff 44
144		-	against the parent or legal guardian shall not be less than one hundred fifty dollars ($150.00) and 45
145		-	shall not exceed three thousand dollars ($3,000). 46
146		-	…." 47
147		-	SECTION 6. Prosecutions for offenses committed before the effective date of this 48
148		-	act are not abated or affected by this act, and the statutes that would be applicable but for this act 49
149		-	remain applicable to those prosecutions. 50 General Assembly Of North Carolina Session 2025
150		-	Page 4 House Bill 315-Second Edition
151		-	SECTION 7. This act becomes effective December 1, 2025, and applies to offenses 1
152		-	committed on or after that date. 2
	119	+	SECTION 5. Prosecutions for offenses committed before the effective date of this 20
	120	+	act are not abated or affected by this act, and the statutes that would be applicable but for this act 21
	121	+	remain applicable to those prosecutions. 22
	122	+	SECTION 6. This act becomes effective December 1, 2025, and applies to offenses 23
	123	+	committed on or after that date. 24