North Carolina § 14-51 - First and second degree burglary.

§ 14-51. First and second degree burglary.

There shall be two degrees in the crime of burglary as defined at the common law. If the crime be committed in a dwelling house, or in a room used as a sleeping apartment in any building, and any person is in the actual occupation of any part of said dwelling house or sleeping apartment at the time of the commission of such crime, it shall be burglary in the first degree. If such crime be committed in a dwelling house or sleeping apartment not actually occupied by anyone at the time of the commission of the crime, or if it be committed in any house within the curtilage of a dwelling house or in any building not a dwelling house, but in which is a room used as a sleeping apartment and not actually occupied as such at the time of the commission of the crime, it shall be burglary in the second degree. For the purposes of defining the crime of burglary, larceny shall be deemed a felony without regard to the value of the property in question. History (1889, c. 434, s. 1; Rev., s. 3331; C.S., s. 4232; 1969, c. 543, s. 1.) Cross References. - As to accessories, see G.S. 14-5.2 et seq. As to breaking into or entering jails with intent to kill or injure prisoners therein, see G.S. 14-221 . Legal Periodicals. - For note on burglary in North Carolina, see 35 N.C.L. Rev. 98 (1956). For survey of 1979 criminal law, see 58 N.C.L. Rev. 1350 (1980).