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

SUBCHAPTERIV. OFFENSES AGAINST THE  HABITATION AND OTHER  BUILDINGS.

Article 14.

Burglary and OtherHousebreakings.

§ 14‑51.  First andsecond degree burglary.

There shall be two degrees inthe crime of burglary as defined at the common law. If the crime be committedin 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 houseor sleeping apartment at the time of the commission of such crime, it shall beburglary in the first degree. If such crime be committed in a dwelling house orsleeping apartment not actually occupied by anyone at the time of thecommission of the crime, or if it be committed in any house within thecurtilage of a dwelling house or in any building not a dwelling house, but inwhich is a room used as a sleeping apartment and not actually occupied as suchat the time of the commission of the crime, it shall be burglary in the seconddegree. For the purposes of defining the crime of burglary, larceny shall bedeemed a felony without regard to the value of the property in question. (1889,c. 434, s. 1; Rev., s. 3331; C.S., s. 4232; 1969, c. 543, s. 1.)