GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH10029-ML-46A
Short Title: Burglary & B&E/Sentence Enhancement. (Public)
Sponsors: Representative Balkcom.
Referred to:
*DRH10029 -ML-46A*
A BILL TO BE ENTITLED 1
AN ACT TO REVISE THE OFFENSES OF FIRST AND SECOND DEGREE BURGLARY 2
AND TO ENHANCE THE PUNISHMENT IMPOSED FOR CERTAIN BURGLARY AND 3
BREAKING OR ENTERING OFFENSES COMMITTED BY A PERSON IN 4
POSSESSION OF A FIREARM OR OTHER DEADLY WEAPON . 5
The General Assembly of North Carolina enacts: 6
SECTION 1. G.S. 14-51 reads as rewritten: 7
"§ 14-51. First and second degree burglary. 8
There shall be two degrees in the crime of burglary as defined at the common law. If the 9
crime be committed in a dwelling house, or in a room used as a sleeping apartment in any 10
building, and any person is in the actual occupation of any part of said dwelling house or sleeping 11
apartment at the time of the commission of such crime, it shall be burglary in the first degree. If 12
such crime be committed in a dwelling house or sleeping apartment not actually occupied by 13
anyone at the time of the commission of the crime, or if it be committed in any house within the 14
curtilage of a dwelling house or in any building not a dwelling house, but in which is a room used 15
as a sleeping apartment and not actually occupied as such at the time of the commission of the 16
crime, it shall be burglary in the second degree. 17
(a) Burglary in the First Degree. – Any person who shall break and enter the dwelling 18
house or room used as a sleeping apartment of another with the intent to commit any felony or 19
larceny therein and any person is in the actual occupation of any part of said dwelling house or 20
sleeping apartment at the time of the commission of such crime, it shall be burglary in the first 21
degree. 22
(b) Burglary in the Second Degree. – Any person who shall break and enter the dwelling 23
house or room used as a sleeping apartment of another with the intent to commit any felony or 24
larceny therein and the property was not actually occupied as such at the time of the commission 25
of the crime, it shall be burglary in the second degree. 26
(c) Definition. – For the purposes of defining the crime of burglary, larceny shall be 27
deemed a felony without regard to the value of the property in question." 28
SECTION 2. G.S. 14-52 reads as rewritten: 29
"§ 14-52. Punishment for burglary. 30
(a) Punishment. – Burglary in the first degree shall be punishable as a Class D felony, 31
and burglary in the second degree shall be punishable as a Class G felony. 32
(b) Enhancement. – If a person possessed a firearm or other deadly weapon about his or 33
her person during the commission of an offense under G.S. 14-51, in addition to any other 34
sentence enhancement required by law, the person shall be sentenced at a felony class level one 35
class higher than the principal felony for which the person was convicted. An indictment or 36
H.B. 42
Feb 3, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH10029-ML-46A
information for the felony shall allege in that indictment or information the facts that qualify the 1
offense for an enhancement under this subsection. One pleading is sufficient for all felonies that 2
are tried at a single trial." 3
SECTION 3. G.S. 14-53 reads as rewritten: 4
"§ 14-53. Breaking out of dwelling house burglary. 5
(a) Offense and Punishment. – If any person shall enter the dwelling house of another 6
with intent to commit any felony or larceny therein, or being in such dwelling house, shall commit 7
any felony or larceny therein, and shall, in either case, break out of such dwelling house in the 8
nighttime, such person shall be punished as a Class D felon. 9
(b) Enhancement. – If a person possessed a firearm or other deadly weapon about his or 10
her person during the commission of an offense under subsection (a) of this section, in addition 11
to any other sentence enhancement required by law, the person shall be sentenced at a felony 12
class level one class higher than the principal felony for which the person was convicted. An 13
indictment or information for the felony shall allege in that indictment or information the facts 14
that qualify the offense for an enhancement under this subsection. One pleading is sufficient for 15
all felonies that are tried at a single trial." 16
SECTION 4. G.S. 14-54 reads as rewritten: 17
"§ 14-54. Breaking or entering buildings generally. 18
(a) Offense with Intent to Commit Felony or Larceny; Punishment. – Any person who 19
breaks or enters any building with intent to commit any felony or larceny therein shall be 20
punished as a Class H felon. 21
(a1) Offense with Intent to Terrorize or Injure; Punishment. – Any person who breaks or 22
enters any building with intent to terrorize or injure an occupant of the building is guilty of a 23
Class H felony. 24
(b) Offense Generally; Punishment. – Any person who wrongfully breaks or enters any 25
building is guilty of a Class 1 misdemeanor. 26
(b1) Enhancement. – If a person possessed a firearm or other deadly weapon about his or 27
her person during the commission of an offense under this section, in addition to any other 28
sentence enhancement required by law, the person shall be sentenced at a class level one class 29
higher than the principal offense for which the person was convicted. An indictment or 30
information for the offense shall allege in that indictment or information the facts that qualify the 31
offense for an enhancement under this subsection. One pleading is sufficient for all offenses that 32
are tried at a single trial. 33
(c) Definition. – As used in this section, "building" shall be construed to include any 34
dwelling, dwelling house, uninhabited house, building under construction, building within the 35
curtilage of a dwelling house, and any other structure designed to house or secure within it any 36
activity or property." 37
SECTION 5. This act becomes effective December 1, 2025, and applies to offenses 38
committed on or after that date. 39