SB 164 — Theft of Temporary Housing During Emergency.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 21 SENATE BILL 164 Judiciary Committee Substitute Adopted 5/6/25 Short Title:

Senators Alexander, Moffitt, and Settle (Primary Sponsors).

Rules and Operations of the Senate February 26, 2025 A BILL TO BE ENTITLED AN ACT TO SPECIFY THE PUNISHMENT FOR LOOTINGENTERING THE PREMISES OF ANOTHER PERSON'SPERSON TEMPORARYHOUSINGINWITHOUT ANEMERGENCYLEGAL AREADURINGADECLAREDSTATEJUSTIFICATION IN A COUNTY LOCATED IN AN EMERGENCY AREA DURING A STATE OF EMERGENCY.EMERGENCY AND TAKING OR DAMAGING THE PERSON'S TEMPORARY HOUSING.

14-288.114-288.6 reads as rewritten:

"§ 14-288.1.14-288.6.

Definitions.Looting;

Unlesstrespass theduring contextemergency. clearly requires otherwise, the following definitions apply in this Article:

…(a) (3)Any Declaredperson statewho enters upon the premises of another without legal justification when the usual security of property is not effective due to the occurrence or aftermath of riot, insurrection, invasion, storm, fire, explosion, flood, collapse, or other disaster or calamity is guilty of a Class 1 misdemeanor of trespass during an emergency.

–(b) AAny stateperson who commits the crime of trespass during emergency asand, thatwithout termlegal justification, obtains or exerts control over, damages, ransacks, or destroys the property of another is definedguilty inof G.S.the felony of looting and shall be punished as a Class H felon.

166A-19.3(b1) orUnless athe stateconduct ofis emergencycovered foundunder andsome declaredother byprovision anyof chieflaw executiveproviding officialgreater orpunishment, acting chief executive official of any countyperson orwho municipality(i) actingenters under the authoritypremises of anyanother otherwithout applicablelegal statutejustification, orin provisiona ofcounty thelocated commonin lawan toemergency preservearea theduring public peace in a state of emergency, orand by(ii) anyexecutivewithout officiallegal orjustification militarycommandingobtains officer of the United States or theexerts Statecontrol ofover, Northdamages, Carolinaransacks, whoor becomesdestroys primarily responsible under applicable law for the preservationtemporaryhousing of theanother publicis peaceguilty withinof anya partClass ofF Northfelony. Carolina.

…The (4a)following Emergency.definitions apply to this subsection:

(1) Emergency area.

(4b)(2) EmergencyState area.of emergency.

…(3) (11) Temporary housing.

A tent, trailer, mobile home, or any other structure being used for humanshelterwhichis designedto betransportablebetransportableandis andis not attached to the ground, to another structure, or to anyutilitysystem on the same premises.

Anyitem attached, affixed,or connected to,to,or or intendedto be attached, connected, or affixed to, a structure or vehicle described in sub-subdivision a.

of this subdivision to provide air conditioning, heating, or a source of power for the structure or vehicle."vehicle. SECTION 2.

G.S.*S164-v-1* General Assembly Of North Carolina Session 2025 (c) Anypersonwhoseperson orpropertyis injuredbyreason of aviolation ofthis section may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys' fees." SECTION 2.

14-288.6 reads as rewritten:

"§ 14-288.6.

Looting;

trespass during emergency.

*S164-v-2* General Assembly Of North Carolina Session 2025 (a) Any person who enters upon the premises of another without legal justification in an emergency area during a declared state of emergency when the usual security of property is not effective due to the occurrence or aftermath of riot, insurrection, invasion, storm, fire, explosion, flood, collapse, or other disaster or calamity the emergency that prompted the declared state of emergency is guilty of a Class 1 misdemeanor of trespass during an emergency.

(b) Any person who commits the crime of trespass during emergency under subsection (a) of this section and, without legal justification, obtains or exerts control over, damages, ransacks, or destroys the property of another is guilty of the felony of looting and shall be punished as a Class H felon.looting.

A violation of this subsection is punishable as follows:

(1) If the looted property is temporary housing, a violation of this subsection is punishable as a Class F felony.

(2) If the looted property is anything other than temporary housing, a violation of this subsection is punishable as a Class H felony.

(c) Anypersonwhoseperson orpropertyis injuredbyreason of aviolationofthis section may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys' fees." SECTION 3.

Page 2 Senate Bill 164-Second164-First Edition