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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 2 SENATE BILL 246 Judiciary Committee Substitute Adopted 3/28/23 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 246 Short Title:
Senators Britt and Perry (Primary Sponsors).
March 9, 2023 A BILL TO BE ENTITLED AN ACT TO AMEND WHAT CONSTITUTES THE CRIME OF SECOND DEGREE TRESPASS TO INCLUDE ENTERING OR REMAINING ON THE CURTILAGE OF A DWELLING BETWEEN THE HOURS OF MIDNIGHT AND 6:00 A.M.
Rules and Operations of the Senate March 9, 2023 A BILL TO BE ENTITLED AN ACT TO AMEND WHAT CONSTITUTES THE CRIME OF FIRST DEGREE TRESPASS TO INCLUDE ENTERING OR REMAINING ON THE PREMISES OF ANOTHER BETWEEN THE HOURS OF MIDNIGHT AND 6:00 A.M.
14-159.13 reads as rewritten:
14-159.12(a) reads as rewritten:
"§ 14-159.13.
"(a) Offense.
Second degree trespass.
– A person commits the offense of first degree trespass if, without authorization, he enters or remains:the person does any of the following:
(a) Offense.
(1) On Enters or remains on the premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders;intruders.
– A person commits the offense of second degree trespass if, without authorization, he the person enters or remains on premises of another:on any of the following:
(2) In Enters or remains in a building of another;
(1) After he On premises of another after the person has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person;
oranother.
orperson.
(3) On Enters or remains on the lands of the Eastern Band of Cherokee Indians after the person has been excluded by a resolution passed bythe Eastern Band of Cherokee Indian Tribal Council.
(2) That On premises that are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.
(4) Enters or remains on the premises of another between the hours of midnight and 6:00 A.M." SECTION 2.
(3) On the curtilage of a dwelling of another between the hours of midnight and 6:00 A.M.
(b) Classification.
– Second degree trespass is a Class 3 misdemeanor.Penalties.
– A violation of subdivision (a)(1) or (a)(2) of this section is a Class 3 misdemeanor.
A violation of subdivision (a)(3) of this section is a Class 2 misdemeanor." SECTION 2.
*S246-v-2*
*S246-v-1*
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