{"data":{"id":"us-nc/n.c.-gen.-stat.-14-159.12","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 14-159.12","heading":"First degree trespass.","body":"(a)\tOffense. - A person commits the offense of first degree trespass if, without authorization, the person enters or remains on or in any of the following:\n(1)\tThe premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders.\n(2)\tThe building of another.\n(3)\tThe lands of the Eastern Band of Cherokee Indians after the person has been excluded by a resolution passed by the Eastern Band of Cherokee Indian Tribal Council.\n(4)\tThe lands of the Catawba Indian Nation after the person has been excluded by resolution passed by the Catawba Indian Nation Executive Committee.\n(b)\tExcept as otherwise provided in subsection (c), (d), or (f) of this section, first degree trespass is a Class 2 misdemeanor.\n(c)\tExcept as otherwise provided in subsection (d) of this section, a violation of subsection (a) of this section is a Class I felony if all of the following circumstances exist:\n(1)\tThe offense is committed on the premises of any of the following:\na.\tRepealed by Session Laws 2023-47, s. 2, effective December 1, 2023.\nb.\tAny facility used or available for use in the collection, treatment, testing, storing, pumping, or distribution of water for a public water system.\nc.\tRepealed by Session Laws 2023-47, s. 2, effective December 1, 2023.\nd.\tAny facility used or operated for agricultural activities, as that term is defined in G.S. 106-581.1.\ne.\tAn energy facility, as that term is defined by G.S. 14-150.2.\nf.\tA facility owned by a public utility, as that term is defined under G.S. 62-3, or a unit of local government, used for the treatment of wastewater, including sewage, industrial waste, or other wastes of a liquid nature.\n(2)\tThe person actually entered a building, or it was necessary for the person to climb over, go under, or otherwise surmount a fence or other barrier to reach the facility.\n(d)\tIf, in addition to the circumstances set out in subsection (c) of this section, the violation also includes any of the following elements, then the offense is a Class G felony:\n(1)\tThe offense is committed with the intent to disrupt the normal operation of any of the facilities described in subdivision (1) of subsection (c) of this section.\n(2)\tThe offense involves an act that places either the offender or others on the premises at risk of serious bodily injury.\n(e)\tAs used in subsections (c) and (d) of this section, the term \"facility\" shall mean a building or other infrastructure.\n(f)\tA violation of subsection (a) of this section is a Class I felony and shall include a fine of not less than one thousand dollars ($1,000) for each violation, if any of the following circumstances exist:\n(1)\tThe offense occurs on real property where the person has reentered after having previously been removed pursuant to the execution of a valid order or writ for possession.\n(2)\tThe offense occurs under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest.\n(3)\tThe offense is the person's second or subsequent violation of subdivision (a)(3) of this section. (1987, c. 700, s. 1; 1993, c. 539, s. 101; 1994, Ex. Sess., c. 24, s. 14(c); 2012-168, s. 1; 2014-103, s. 10(a); 2016-26, s. 1; 2018-66, s. 1; 2023-47, s. 2; 2025-57, s. 4.)","path":["Chapter 14. Criminal Law.","SUBCHAPTER VI. CRIMINAL TRESPASS.","Article 22B. First and Second Degree Trespass."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-159.12.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:56:32Z","sha256":"9ded18dd3cf87a38ef5d6fef8b02b5f97f9aa77dcfa84b3716152204b5c55da5","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-14-159.11","next":"us-nc/n.c.-gen.-stat.-14-159.13"},"notice":"GroundRules: Original legal text. Not legal advice."}