North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S365 Latest Draft

Bill / Amended Version Filed 03/24/2025

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
S 	1 
SENATE BILL 365 
 
 
Short Title: Theft of Temporary Housing During Emergency. 	(Public) 
Sponsors: Senator Alexander (Primary Sponsor). 
Referred to: Rules and Operations of the Senate 
March 24, 2025 
*S365 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO SPECIFY TH E PUNISHMENT FOR ENT ERING THE PREMISES O F 2 
ANOTHER PERSON WITHO UT LEGAL JUSTIFICATION IN A COUNTY LOCATED 3 
IN AN EMERGENCY AREA DURING A STATE OF EMERGENCY AND TAKING OR 4 
DAMAGING THE PERSON' S TEMPORARY HOUSING. 5 
The General Assembly of North Carolina enacts: 6 
SECTION 1. G.S. 14-288.6 reads as rewritten: 7 
"ยง 14-288.6.  Looting; trespass during emergency. 8 
(a) Any person who enters upon the premises of another without legal justification when 9 
the usual security of property is not effective due to the occurrence or aftermath of riot, 10 
insurrection, invasion, storm, fire, explosion, flood, collapse, or other disaster or calamity is 11 
guilty of a Class 1 misdemeanor of trespass during an emergency. 12 
(b) Any person who commits the crime of trespass during emergency and, without legal 13 
justification, obtains or exerts control over, damages, ransacks, or destroys the property of 14 
another is guilty of the felony of looting and shall be punished as a Class H felon. 15 
(b1) Unless the conduct is covered under some other provision of law providing greater 16 
punishment, any person who (i) enters the premises of another without legal justification, in a 17 
county located in an emergency area during a state of emergency, and (ii) without legal 18 
justification obtains or exerts control over, damages, ransacks, or destroys the temporary housing 19 
of another is guilty of a Class F felony. The following definitions apply to this subsection: 20 
(1) Emergency area. โ€“ As defined in G.S. 166A-19.3. 21 
(2) State of emergency. โ€“ As defined in G.S. 166A-19.3. 22 
(3) Temporary housing. โ€“ Any of the following: 23 
a. A tent, trailer, mobile home, or any other structure being used for 24 
human shelter which is designed to be transportable and is not attached 25 
to the ground, to another structure, or to any utility system on the same 26 
premises. 27 
b. A vehicular unit being used as temporary living quarters. 28 
c. Any equipment used to transport or deliver a structure or vehicle 29 
described in sub-subdivision a. or b. of this subdivision. 30 
d. Any item attached, affixed, or connected to, or intended to be attached, 31 
connected, or affixed to, a structure or vehicle described in 32 
sub-subdivision a. or b. of this subdivision to provide air conditioning, 33 
heating, or a source of power for the structure or vehicle. 34  General Assembly Of North Carolina 	Session 2025 
Page 2  Senate Bill 365-First Edition 
(c) Any person whose person or property is injured by reason of a violation of this section 1 
may sue for and recover from the violator three times the actual damages sustained, as well as 2 
court costs and attorneys' fees." 3 
SECTION 2. This act becomes effective December 1, 2025, and applies to offenses 4 
committed on or after that date. 5