North Carolina 2025-2026 Regular Session

North Carolina House Bill H42 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 42
5		-	~~Committee Substitute Favorable 2/25/25~~
	5	+
6	6
7	7		Short Title: Burglary & B&E/Sentence Enhancement. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Representatives Balkcom, Carson Smith, Miller, and Pyrtle (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		February 5, 2025
11		-	H42-v-2
	12	+	H42-v-1
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO REVISE THE OFFENSES OF FIRST AND SECOND DEGREE BUR GLARY 2
14	15		AND TO ENHANCE THE PUNISHMENT IMPOSED FOR CERTAIN BURGLARY AND 3
15	16		BREAKING OR ENTERING OFFENSES COMMITTED BY A PERSON IN 4
16	17		POSSESSION OF A FIREARM OR OTHER DEADLY WEAPON. 5
17	18		The General Assembly of North Carolina enacts: 6
18	19		SECTION 1. G.S. 14-51 reads as rewritten: 7
19	20		"§ 14-51. First and second degree burglary. 8
20	21		There shall be two degrees in the crime of burglary as defined at the common law. If the 9
21	22		crime be committed in a dwelling house, or in a room used as a sleeping apartment in any 10
22	23		building, and any person is in the actual occupation of any part of said dwelling house or sleeping 11
23	24		apartment at the time of the commission of such crime, it shall be burglary in the first degree. If 12
24	25		such crime be committed in a dwelling house or sleeping apartment not actually occupied by 13
25	26		anyone at the time of the commission of the crime, or if it be committed in any house within the 14
26	27		curtilage of a dwelling house or in any building not a dwelling house, but in which is a room used 15
27	28		as a sleeping apartment and not actually occupied as such at the time of the commission of the 16
28	29		crime, it shall be burglary in the second degree. 17
29		-	~~For~~ the ~~purposes of defining~~ the ~~crime of burglary, larceny shall be deemed a felony without~~ 18
30		-	~~regard~~ to ~~the value of the property in question.~~ 19
31		-	~~(a) Burglary~~ in the ~~First Degree.~~ – Any ~~person who shall break and enter the~~ dwelling 20
32		-	~~house or room used as a~~ sleeping apartment ~~of another with~~ the ~~intent to commit any felony or~~ 21
33		-	~~larceny therein and any person is in the actual occupation of any part of said dwelling house or~~ 22
34		-	~~sleeping apartment at the time of the commission of such crime, it shall be~~ burglary in the ~~first~~ 23
35		-	~~degree.~~ 24
36		-	~~(b) Burglary in~~ the ~~Second Degree.~~ ~~– Any person who shall break and enter~~ the ~~dwelling~~ 25
37		-	~~house or room used as a sleeping apartment~~ of ~~another with~~ the ~~intent to commit any felony or~~ 26
38		-	~~larceny therein and~~ the ~~property was not actually occupied at~~ the ~~time~~ of ~~the commission of the~~ 27
39		-	~~crime, it shall be burglary~~ in ~~the second degree~~." 28
	30	+	(a) Burglary in the First Degree. – Any person who shall break and enter the dwelling 18
	31	+	house or room used as a sleeping apartment of another with the intent to commit any felony or 19
	32	+	larceny therein and any person is in the actual occupation of any part of said dwelling house or 20
	33	+	sleeping apartment at the time of the commission of such crime, it shall be burglary in the first 21
	34	+	degree. 22
	35	+	(b) Burglary in the Second Degree. – Any person who shall break and enter the dwelling 23
	36	+	house or room used as a sleeping apartment of another with the intent to commit any felony or 24
	37	+	larceny therein and the property was not actually occupied as such at the time of the commission 25
	38	+	of the crime, it shall be burglary in the second degree. 26
	39	+	(c) Definition. – For the purposes of defining the crime of burglary, larceny shall be 27
	40	+	deemed a felony without regard to the value of the property in question." 28
40	41		SECTION 2. G.S. 14-52 reads as rewritten: 29
41	42		"§ 14-52. Punishment for burglary. 30
42	43		(a) Punishment. – Burglary in the first degree shall be punishable as a Class D felony, 31
43	44		and burglary in the second degree shall be punishable as a Class G felony. 32
44	45		(b) Enhancement. – If a person possessed a firearm or other deadly weapon about his or 33
45	46		her person during the commission of an offense under G.S. 14-51, in addition to any other 34
46		-	sentence enhancement required by law, the person shall be sentenced at a felony class level one 35
47		-	~~class higher than the principal felony for which the person was convicted. An indictment or 36 General Assembly Of North Carolina Session 2025~~
48		-	~~Page 2 House Bill 42-Second~~ ~~Edition~~
49		-	information for the felony shall allege in that indictment or information the facts that qualify the 1
50		-	offense for an enhancement under this subsection. One pleading is sufficient for all felonies that 2
51		-	are tried at a single trial." 3
52		-	SECTION 3. G.S. 14-53 reads as rewritten: 4
53		-	"§ 14-53. Breaking out of dwelling house burglary. 5
54		-	(a) Offense and Punishment. – If any person shall enter the dwelling house of another 6
55		-	with intent to commit any felony or larceny therein, or being in such dwelling house, shall commit 7
56		-	any felony or larceny therein, and shall, in either case, break out of such dwelling house in the 8
57		-	nighttime~~, house~~, such person shall be punished as a Class D felon. 9
58		-	(b) Enhancement. – If a person possessed a firearm or other deadly weapon about his or 10
59		-	her person during the commission of an offense under subsection (a) of this section, in addition 11
60		-	to any other sentence enhancement required by law, the person shall be sentenced at a felony 12
61		-	class level one class higher than the principal felony for which the person was convicted. An 13
62		-	indictment or information for the felony shall allege in that indictment or information the facts 14
63		-	that qualify the offense for an enhancement under this subsection. One pleading is sufficient for 15
64		-	all felonies that are tried at a single trial." 16
65		-	SECTION 4. G.S. 14-54 reads as rewritten: 17
66		-	"§ 14-54. Breaking or entering buildings generally. 18
67		-	(a) Offense with Intent to Commit Felony or Larceny; Punishment. – Any person who 19
68		-	breaks or enters any building with intent to commit any felony or larceny therein shall be 20
69		-	punished as a Class H felon. 21
70		-	(a1) Offense with Intent to Terrorize or Injure; Punishment. – Any person who breaks or 22
71		-	enters any building with intent to terrorize or injure an occupant of the building is guilty of a 23
72		-	Class H felony. 24
73		-	(b) Offense Generally; Punishment. – Any person who wrongfully breaks or enters any 25
74		-	building is guilty of a Class 1 misdemeanor. 26
75		-	(b1) Enhancement. – If a person possessed a firearm or other deadly weapon about his or 27
76		-	her person during the commission of an offense under this section, in addition to any other 28
77		-	sentence enhancement required by law, the person shall be sentenced at a class level one class 29
78		-	higher than the principal offense for which the person was convicted. An indictment or 30
79		-	information for the offense shall allege in that indictment or information the facts that qualify the 31
80		-	offense for an enhancement under this subsection. One pleading is sufficient for all offenses that 32
81		-	are tried at a single trial. 33
82		-	(c) Definition. – As used in this section, "building" shall be construed to include any 34
83		-	dwelling, dwelling house, uninhabited house, building under construction, building within the 35
84		-	curtilage of a dwelling house, and any other structure designed to house or secure within it any 36
85		-	activity or property." 37
86		-	SECTION 5. This act becomes effective December 1, 2025, and applies to offenses 38
87		-	committed on or after that date. 39
	47	+	sentence enhancement required by law, the person shall be sentenced at a felony class level one 35 General Assembly Of North Carolina Session 2025
	48	+	Page 2 House Bill 42-First Edition
	49	+	class higher than the principal felony for which the person was convicted. An indictment or 1
	50	+	information for the felony shall allege in that indictment or information the facts that qualify the 2
	51	+	offense for an enhancement under this subsection. One pleading is sufficient for all felonies that 3
	52	+	are tried at a single trial." 4
	53	+	SECTION 3. G.S. 14-53 reads as rewritten: 5
	54	+	"§ 14-53. Breaking out of dwelling house burglary. 6
	55	+	(a) Offense and Punishment. – If any person shall enter the dwelling house of another 7
	56	+	with intent to commit any felony or larceny therein, or being in such dwelling house, shall commit 8
	57	+	any felony or larceny therein, and shall, in either case, break out of such dwelling house in the 9
	58	+	nighttime, such person shall be punished as a Class D felon. 10
	59	+	(b) Enhancement. – If a person possessed a firearm or other deadly weapon about his or 11
	60	+	her person during the commission of an offense under subsection (a) of this section, in addition 12
	61	+	to any other sentence enhancement required by law, the person shall be sentenced at a felony 13
	62	+	class level one class higher than the principal felony for which the person was convicted. An 14
	63	+	indictment or information for the felony shall allege in that indictment or information the facts 15
	64	+	that qualify the offense for an enhancement under this subsection. One pleading is sufficient for 16
	65	+	all felonies that are tried at a single trial." 17
	66	+	SECTION 4. G.S. 14-54 reads as rewritten: 18
	67	+	"§ 14-54. Breaking or entering buildings generally. 19
	68	+	(a) Offense with Intent to Commit Felony or Larceny; Punishment. – Any person who 20
	69	+	breaks or enters any building with intent to commit any felony or larceny therein shall be 21
	70	+	punished as a Class H felon. 22
	71	+	(a1) Offense with Intent to Terrorize or Injure; Punishment. – Any person who breaks or 23
	72	+	enters any building with intent to terrorize or injure an occupant of the building is guilty of a 24
	73	+	Class H felony. 25
	74	+	(b) Offense Generally; Punishment. – Any person who wrongfully breaks or enters any 26
	75	+	building is guilty of a Class 1 misdemeanor. 27
	76	+	(b1) Enhancement. – If a person possessed a firearm or other deadly weapon about his or 28
	77	+	her person during the commission of an offense under this section, in addition to any other 29
	78	+	sentence enhancement required by law, the person shall be sentenced at a class level one class 30
	79	+	higher than the principal offense for which the person was convicted. An indictment or 31
	80	+	information for the offense shall allege in that indictment or information the facts that qualify the 32
	81	+	offense for an enhancement under this subsection. One pleading is sufficient for all offenses that 33
	82	+	are tried at a single trial. 34
	83	+	(c) Definition. – As used in this section, "building" shall be construed to include any 35
	84	+	dwelling, dwelling house, uninhabited house, building under construction, building within the 36
	85	+	curtilage of a dwelling house, and any other structure designed to house or secure within it any 37
	86	+	activity or property." 38
	87	+	SECTION 5. This act becomes effective December 1, 2025, and applies to offenses 39
	88	+	committed on or after that date. 40