| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO SPECIFY THE PUNISHMENT FOR ENTERING THE PREMISES OF 2 |
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| 14 | 15 | | ANOTHER PERSON WITHOUT LEGAL JUSTIFICATION IN A COUNTY LOCATED 3 |
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| 15 | 16 | | IN AN EMERGENCY AREA DURING A STATE OF EMERGENCY AND TAKING OR 4 |
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| 16 | 17 | | DAMAGING THE PERSON 'S TEMPORARY HOUSING. 5 |
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| 17 | 18 | | The General Assembly of North Carolina enacts: 6 |
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| 18 | 19 | | SECTION 1. G.S. 14-288.6 reads as rewritten: 7 |
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| 19 | 20 | | "§ 14-288.6. Looting; trespass during emergency. 8 |
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| 20 | 21 | | (a) Any person who enters upon the premises of another without legal justification when 9 |
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| 21 | 22 | | the usual security of property is not effective due to the occurrence or aftermath of riot, 10 |
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| 22 | 23 | | insurrection, invasion, storm, fire, explosion, flood, collapse, or other disaster or calamity is 11 |
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| 23 | 24 | | guilty of a Class 1 misdemeanor of trespass during an emergency. 12 |
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| 24 | 25 | | (b) Any person who commits the crime of trespass during emergency and, without legal 13 |
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| 25 | 26 | | justification, obtains or exerts control over, damages, ransacks, or destroys the property of 14 |
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| 26 | 27 | | another is guilty of the felony of looting and shall be punished as a Class H felon. 15 |
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| 27 | 28 | | (b1) Unless the conduct is covered under some other provision of law providing greater 16 |
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| 28 | 29 | | punishment, any person who (i) enters the premises of another without legal justification, in a 17 |
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| 29 | 30 | | county located in an emergency area during a state of emergency, and (ii) without legal 18 |
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| 30 | 31 | | justification obtains or exerts control over, damages, ransacks, or destroys the temporary housing 19 |
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| 31 | 32 | | of another is guilty of a Class F felony. The following definitions apply to this subsection: 20 |
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| 32 | 33 | | (1) Emergency area. – As defined in G.S. 166A-19.3. 21 |
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| 33 | 34 | | (2) State of emergency. – As defined in G.S. 166A-19.3. 22 |
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| 34 | 35 | | (3) Temporary housing. – Any of the following: 23 |
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| 35 | 36 | | a. A tent, trailer, mobile home, or any other structure being used for 24 |
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| 36 | 37 | | human shelter which is designed to be transportable and is not attached 25 |
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| 37 | 38 | | to the ground, to another structure, or to any utility system on the same 26 |
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| 38 | 39 | | premises. 27 |
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| 39 | 40 | | b. A vehicular unit being used as temporary living quarters. 28 |
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| 40 | 41 | | c. Any equipment used to transport or deliver a structure or vehicle 29 |
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| 41 | 42 | | described in sub-subdivision a. or b. of this subdivision. 30 |
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| 42 | 43 | | d. Any item attached, affixed, or connected to, or intended to be attached, 31 |
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| 43 | 44 | | connected, or affixed to, a structure or vehicle described in 32 |
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| 44 | 45 | | sub-subdivision a. or b. of this subdivision to provide air conditioning, 33 |
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