North Carolina § 14-58 - Punishment for arson.

§ 14-58. Punishment for arson.

There shall be two degrees of arson as defined at the common law. If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class D felony. If the dwelling burned was unoccupied at the time of the burning, the offense is arson in the second degree and is punishable as a Class G felony. History (R.C., c. 34, s. 2; 1870-1, c. 222; Code, s. 985; Rev., s. 3335; C.S., s. 4238; 1941, c. 215, s. 2; 1949, c. 299, s. 3; 1973, c. 1201, s. 4; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1156; 1994, Ex. Sess., c. 24, s. 14(c).) Cross References. - For structured sentencing provisions, see G.S. 15A-1340.10 et seq. As to eligibility of prisoners serving life sentence for parole, see G.S. 15A-1371 . As to arrests and prosecutions by Attorney General, see G.S. 58-79-5 . Legal Periodicals. - For article, "Capital Punishment and Life Imprisonment in North Carolina, 1946 to 1968: Implications for Abolition of the Death Penalty," see 6 Wake Forest Intra. L. Rev. 417 (1970). For comment on capital punishment in North Carolina, see 59 N.C.L. Rev. 911 (1981). For survey of 1982 law relating to criminal law, see 61 N.C.L. Rev. 1060 (1983). For article, "Evidence on Fire,” see 97 N.C.L. Rev. 483 (2019). Council of State Special Prosecutor Pilot Project - Session Laws 2017-57, s. 18B.13, as added by Session Laws 2017-197, s. 5.7, provides: "(a) Pilot Project. - The Administrative Office of the Courts, in consultation with the Conference of District Attorneys, may appoint up to two special prosecutors per Council of State member at the member's request to aid local district attorneys' offices in prosecuting cases arising under Article 15 of Chapter 14 of the North Carolina General Statutes, violations of Chapter 58 of the North Carolina General Statutes, and violations of Chapter 14 of the North Carolina General Statutes as they relate to insurance fraud. Attorneys appointed as special prosecutors under this program shall be agency attorneys currently employed in the department of the requesting Council of State member and shall have a physical office in the local district attorney's office throughout the duration of the special appointment. Special prosecutors shall report to the Director of the Administrative Office of the Courts or the director's designee on all cases related to the special appointment. Nothing in this section shall be construed to authorize the hiring of additional personnel or outside counsel. "(b) The Administrative Office of the Courts, in conjunction with the agencies that utilize the pilot program set out in subsection (a), shall report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by April 1, 2018. The report shall include the results of the pilot program and recommendations on whether the program should be extended. "(c) This section expires June 30, 2019, and all pending cases shall remain within the local district attorney's office for prosecution by attorneys employed by that office."