NC BLET 2025 - Property Crimes

Describe real property

Land and anything affixed to it or part of it, such as buildings, fences, water, growing things, and minerals in the ground.

Describe personal property

Money, goods, and all things capable of ownership

Define the following term related to larceny: TAKING

To show a taking, the defendant must have the property in their possession or under control, even if only for an instant. It is irrelevant how brief the taking is.

Define the following term related to larceny: CARRY AWAY

A bare removal from where the defendant found the property or goods is sufficient to show a carrying away of the property. A defendant does not have to transport property or goods a substantial distance to establish 'carrying away'.

Examples:

1. Unlocked a safe and completely removed a drawer containing money but was stopped before money was removed from the drawer.

2. Moved an air conditioner off its window base four to six inches toward the door

3. Removed tires from a parked motor vehicle and propped them up against the vehicle

Define the following term related to larceny: DOCTRINE OF RECENT POSSESSION

'Permits an interference of guilt based on a defendant's possession of stolen property recently after a larceny or breaking [or] entering.'

For inference to apply, evidence must show the following:

1. Property was stolen

2. Stolen property was found in the defendant's custody and subjected to their control and disposition to the exclusion of others, and

3. The defendant had possession of the recently stolen property.

The time between the theft and possession must be close enough to make it unlikely that the defendant could have obtained it honestly.

Define the following term related to larceny: BREAKING

Making an opening, however slight. It may be through a usual or unusual opening. Breaking does not require any destructive force. Opening a partly open door or opening an unlocked door or window constitutes a breaking.

Breaking may be actual or constructive. For example, constructive breaking can occur if a victim opens the front door because of the defendant's trickery, force, or intimidation.

Define the following term related to larceny: ENTERING

This does not require the defendant to put their whole body inside the premise or dwelling. This element can be satisfied by inserting a hand, foot, or instrument used to commit larceny or a felony upon the premise or dwelling. (ex. inserting a shotgun through a window and fired the gun).

Determine the criminal charge for each of the following property crimes: MISDEMEANOR LARCENY

Misdemeanor larceny is a class 1 misdemeanor under N.C.G.S. 14-72(a). 'Takes personal property in possession of another, and carries it away without the consent of the possessor, and with intent to deprive the possessor of its use permanently; and knowing that they were not entitled to it'

a.) EXAMPLE: Lisa sees a purse sitting unattended on a table at a fast-food restaurant. Lisa opens the purse and saw cash inside. Lisa takes all the money ($155) and leaves the restaurant.

Determine the criminal charge for each of the following property crimes: FELONY LARCENY

Felony larceny is a Class H felony. 'Takes personal property in possession of another and carries it away without consent of the possessor with intent to deprive the possessor of its use permanently knowing that they were not entitled to it; and the larceny was any of the following:

a.) Property was valued at more than $1,000. Several items can be added together to reach the $1,000 threshold.

b.) From the person meaning the victim physically possess the property or when it is within the victim's protection when stolen. Value of property is irrelevant.

EXAMPLES:

1. A suspect 'picks' the wallet from a victim's back pocket without being detected.

2. A suspect reached into a cash register and took money when a convenience store employee opened the register to make change for the suspect.

3. A suspect stole a victim's purse from her grocery cart while the victim was looking at a store product within hand's reach of the grocery cart and realized the larceny was occurring as it happened.

c.) From a building meaning committed pursuant to a burglary, breaking out of a dwelling, breaking or entering a building, breaking or entering into a place of religious worship, or burglary with explosives. If the larceny was committed pursuant to a burglary, the value of the property taken is irrelevant.

d.) Of an explosive or incendiary device

e.) Of a firearm (value irrelevant)

f.) A record or paper from the N.C. state archives

g.) A horse, mule, swine, cattle, or dog (Dog is Class I Felony and horse, mule, swine or cattle is a Class H Felony)

Determine the criminal charge for each of the following property crimes: POSSESSION OF STOLEN GOODS

Possession of stolen goods is a Class 1 Misdemeanor. 'Possesses (actual or constructive) stolen property knowing or having reasonable grounds to believe that property is stolen and with a dishonest purpose.'

1. Actual possession means the property is on the defendant's person, the defendant is aware of its presence, and the defendant has the power and intent to control its disposition or use.

EXAMPLE: Larry gave Rick a rare coin. Rick agreed to keep the coin in the back pocket of his pants.

2. Constructive possession exists when the defendant does not have actual possession but has the intent and capability to maintain control and dominion over the stolen property.

EXAMPLE: Rick agreed to keep a bicycle in a 10x10 mini-storage facility he rents for Larry.

3. Having knowledge or reasonable grounds to believe the property is stolen can be inferred when a defendant-seller is willing to sell the property at a fraction of its value or when a defendant-buyer purchases the property at a fraction of its value.

EXAMPLE: Jim is willing to sell Terry a mountain bike for $150. However, Rick, the mini-storage facility owner mentioned earlier, knows the value of the mountain bike is at least $900.

4. It is a Class H felony if the theft or taking was pursuant to a felony larceny or other felony, and the defendant know or has reasonable grounds to believe the property was feloniously stolen.

EXAMPLE: Shawn agrees to store a 70-inch flat-screen TV in his home for a friend. Shawn believes the $1500 TV was stolen because his friend is paying him $100 to 'just hold onto the TV for a week' and the shipping box it came in was addressed to someone Shawn does not know.

Determine the criminal charge for each of the following property crimes: RECEIVING STOLEN GOODS

Receiving stolen goods is a Class 1 misdemeanor. 'Receives or conceals property stolen by another knowing or having reasonable grounds to believe that property is stolen and with a dishonest purpose'.

EXAMPLE: Peter steals a bicycle and gives it to Paul as a gift. Peter tells Paul the bike is stolen. Paul keeps the bike anyway for his use.

1. The stolen property is received constructively when it is delivered to the defendant's control rather than their physical possession.

EXAMPLE: Peter steals a bicycle and puts it in a commercial storage unit rented by Paul. Peter tells Paul the bike inside the storage unit has been stollen.

2. It is a Class H felony if the theft or taking of the property was pursuant to a felony larceny or other felony and the defendant knows or has reasonable grounds to believe the property was feloniously stolen.

Determine the criminal charge for each of the following property crimes: POSSESSION OF A STOLEN MOTOR VEHICLE

Possession of a stolen vehicle is a Class H felony. 'Possesses a vehicle and knowing or having reasonable grounds to believe that the vehicle was stolen or unlawfully taken.'

EXAMPLE: Greg gave a 2018 Lexus ES to Jim in exchange for drugs worth $400 in street value. Jim is currently keeping the Lexus in his garage. The Lexus has a broken driver's window and a damaged steering column. Jim has to splice together wires hanging from the exposed steering column to start the engine and drive the Lexus.

1. Evidence that a defendant is operating a stolen vehicle is sufficient to establish possession. Merely being present in a stolen motor vehicle (ex. passenger) is insufficient to establish possession.

Determine the criminal charge for each of the following property crimes: LARCENY OF MOTOR VEHICLE PARTS

Larceny of motor vehicle parts is a Class I felony. 'Commits a larceny of a motor vehicle part and the cost of repairing the motor vehicle is $1,000 or more.' (Includes cost of replacement part and cost necessary to install)

EXAMPLE: David needed new tires for his truck but did not have any money. David found the same model truck as his in a mall parking lot. David removed and stole all four tires (with rims) from the truck in the parking lot. Replacing all four tires and rims (parts and labor) costs $2,000.

Determine the criminal charge for each of the following property crimes: LARCENY FROM A MERCHANT

Larceny from a merchant is a Class H felony. 'Commits a larceny and does any of the following: 1.) Takes property valued at more than $200 using an emergency exit door (not the main entrance/exit) to leave the premises. 2.) Removes, destroys, or deactivates an anti-shoplifting component or inventory control device to prevent its activation. 3.) Affixes a product code created to fraudulently obtain goods or merchandise at less than the actual price. 4.) The property is infant formula valued at more than $100 5.) Exchanges property for cash, a gift card, a merchandise card, or another item of value, knowing or having reasonable grounds to believe the property was stolen.'

EXAMPLE: While inside the X.Y.Z. store, Zoey stuffed $300 worth of clothing into a nylon bag. She intentionally left the store's main exit without paying for the merchandise. Though the clothing's worth exceeds $200, Zoey used the store's main exit (not an emergency exit) to leave with it. Therefore, this is an example of a misdemeanor larceny by merchant.

*If less than $200, misdemeanor larceny

Determine the criminal charge for each of the following property crimes: SHOPLIFTING BY CONCEALING MERCHANDISE

Shoplifting by concealing merchandise is a Class 3 misdemeanor for a first offense. 'Willfully conceals goods or merchandise of a store without authority without having purchased the goods or merchandise and while still on the premises of the store'. *Does NOT require proof of intent to deprive the owner of the property permanently.

1. Class 2 misdemeanor if the offense is committed within 3 years after a prior shopping conviction.

2. Class 1 misdemeanor if the offense is a third or subsequent shoplifting offense and is committed within 5 years after a conviction of two other shoplifting offenses.

3. Class H felony if defendant use a lead-lined or aluminum-lined bag, article of clothing, or similar item to prevent the activation of any anti-shoplifting or inventory control device.

Determine the criminal charge for each of the following property crimes: SHOPLIFTING BY SUBSTITUTION OF PRICES

Shoplifting by substitution of prices is a Class 3 misdemeanor for a first offense. 'Willfully and without authority transfers a price tag from goods or merchandise having a higher selling price; OR marks goods or merchandise at a lower price; OR places a false price tag on goods or merchandise and then presents the goods for purchase'.

EXAMPLE: While inside the X.Y.Z. store, Zoey removed a $25 price tag from a pair of jeans. Zoey then removed a $75 tag from a more expensive pair of jeans and replaced it with the $25 price tag. Zoey handed the $75 jeans with the $25 price tag to a store employee for purchase.

1. Class 2 misdemeanor if the offense is committed within 3 years after a prior shoplifting conviction.

2. Class 1 misdemeanor if the offense is a third or subsequent shoplifting offense committed with 5 years after a conviction of two other shoplifting offenses.

Determine the criminal charge for each of the following property crimes: ORGANIZED RETAIL THEFT

Organized retail theft is a Class H felony. 'Conspires with another person to commit theft of retail property valued at more than $1,500 aggregated over 90 days from one or more retail establishments with the intent to sell the property for gain and takes or causes the property to be placed in the control of a retail property fence or another person in exchange for consideration'.

EXAMPLE: Over the last four weeks, Zoey and Mark stole $2,000 worth of home goods from several stores in the same strip mall. Zoey and Mark sell the stolen merchandise at a flea market in another county.

1. Class H felony to receive or possess retail property that has been stolen in connection with organized retail theft while knowing or having reasonable grounds to believe the property was stolen.

2. Theft of retail property occurring in more than one county may be aggregated (added together) into an alleged violation of the statute.

Identify all elements of criminal offenses for the following property crimes: FINANCIAL TRANSACTION CARD THEFT

Financial transaction card theft is a Class I felony. 'Takes, obtains, or withholds a financial transaction card from another person without the cardholder's consent and with the intent to use it'.

EXAMPLE: Hank sees a wallet sitting unattended on a table at a local restaurant. Hank opens the wallet and takes a Visa credit card. He enters the Visa credit card number as a payment method for an online account but does not purchase anything.

1. There must be proof that the defendant intended to use the card.

2. It is prima facie evidence if a defendant has in his possession or under his control financial transaction cards issued in the names of two or more other persons excluding immediate family members.

Identify all elements of criminal offenses for the following property crimes: FINANCIAL TRANSACTION CARD FRAUD

Financial transaction card fraud is a Class 2 misdemeanor if the property obtained is $500 or less in a 6-month period. 'With the intent to defraud uses a financial transaction card to do any of the following: 1.) Obtained, retained, or received with the knowledge that it was obtained or retained in violation of theft or forgery. 2.) That they know is forged, expired, revoked, or altered, OR 3.) That they know was obtained by a fraudulent application. And to obtain money, goods, services, or anything of value'.

EXAMPLE: Joe gives Tom a visa card. Joe tells tom that he stole it from another person and originally intended to use the card. Tom uses that visa card at a restaurant to buy a meal.

1. If value exceeds $500 in any six-month period, the offense is a Class I felony.

2. If the same person both takes the card intending to use it and does use the card to defraud, that person could be charged with and, presumably, convicted of card fraud and card theft.

Identify all elements of criminal offenses for the following property crimes: OBTAINING PROPERTY BY FALSE PRETENSES

Obtaining property by false pretenses is a Class H felony. 'Makes a representation of a past or existing fact or future event (orally, in writing, or by action) that is false is calculated and intended to deceive the representation does, in fact, deceive another (person, association, corporation, group, etc.) and the person thereby obtains or attempts to obtain money, goods, property, services, or anything of value.

EXAMPLE: John travels to a church and presents to the congregation that he is a licensed stockbroker looking for money to invest in a fund guaranteed to double their investment. At the time John makes these representations, he is, in fact, not a licensed broker in any state and has no intention of investing any of the money he receives in the market. After his presentation, multiple congregation members give him cash totaling $97,000.

1. This is a Class C felony if the value of the property taken is $100,000 or more.

Identify all elements of criminal offenses for the following property crimes: IDENTITY THEFT

Identity theft is a Class G felony except it is punishable as a Class F felony if: The victim suffers arrest, detention, or conviction as a proximate result of the offense or if the person is in possession of the identifying information pertaining to three or more separate persons.

'Knowingly obtains possesses or uses identifying information of another person, living or dead with the intent to fraudulently represent that person and for the purpose of: 1.) Making financial or credit transactions in the other person's name. 2.) Avoiding legal consequences or 3.) Obtaining anything of value, benefit, or advantage.

EXAMPLE: Joe and Jim are roommates. Without permission, Joe uses Jim's Social Security number to obtain a credit card in Jim's name.

Identify all elements of criminal offenses for the following property crimes: EMBEZZLEMENT BY AN EMPLOYEE

Embezzlement by an employee is a Class H felony. 'An employee who willfully goes away with a thing of value, embezzles, or converts to their own use a thing of value entrusted to the employee and with the intent to steal it and defraud the employer'.

EXAMPLE: Rusty works for Hamilton's Lawn Care Service and collects customer payments. When a customer pays in cash, Rusty keeps all the $1.00 and $5.00 bills to himself.

1. The offense is not committed if the defendant initially obtains the property without consent or by tricking the employer.

Identify all elements of criminal offenses for the following property crimes: BREAKING OR ENTERING OF A BUILDING

Breaking or entering of a building is a Class 1 misdemeanor when the defendant has no intent to commit a felony or larceny inside. 'Breaks or enter without consent into any building to include a dwelling or any other structure designed to a house or secure within it any activity or property'.

EXAMPLE: Howard is homeless and looking for a safe place to sleep. At 2am, Howard breaks into the public library and is found by staff sleeping on the floor the next morning.

1. Class H felony if the defendant intends to commit any felony or larceny therein or terrorize or injure an occupant of the building.

2. Class G felony if the building is a place of religious worship and the defendant intends to commit any felony or larceny therein.

Identify all elements of criminal offenses for the following property crimes: BREAKING OR ENTERING OF A VEHICLE

Breaking or entering a vehicle is a Class I felony. 'Breaks or enters without consent into any motor vehicle, railroad car, trailer, aircraft, boat or watercraft containing goods, wares, freight, or anything of value and with the intent to commit any felony or larceny therein'.

EXAMPLE: Victor needs money to buy drugs. While walking along a row of unoccupied vehicles parked on a street, Victor finds an unlocked car door. Victor opens the door and takes a small handbag on the front passenger seat.

Identify all elements of criminal offenses for the following property crimes: FIRST-DEGREE BURGLARY

First degree burglary is a Class D felony. Attempted first degree burglary is a Class E felony. 'Breaks AND enters without consent into a dwelling house or sleeping apartment of another while it is actually OCCUPIED AT NIGHT with the intent to commit any felony or larceny therein'.

EXAMPLE: At 1:45am, Paul is walking outside Larry's home. Unknown to Paul, Larry IS INSIDE but asleep. Paul shines a flashlight in Larry's garage window and sees a power drill on top of a workbench inside. Paul finds the window unlocked and opens it. Paul reaches in through the open window and takes the power drill.

Identify all elements of criminal offenses for the following property crimes: SECOND-DEGREE BURGLARY

Second degree burglary is a Class G felony. Attempted second degree burglary is a Class H felony. 'Breaks AND enters without consent into the dwelling house or sleeping apartment or any building within the curtilage of the dwelling of another AT NIGHT and with the intent to commit any felony or larceny therein'.

EXAMPLE: At 1:45am, Paul is walking outside an unoccupied home. The residents are away on vacation. Paul shines a flashlight into the homes detached garage window and sees a power drill on top of a workbench inside. Paul finds the window unlocked and opens it. Paul reaches in through the open window and takes the power drill.

Identify all elements of criminal offenses for the following property crimes: FIRST-DEGREE TRESPASSING

First degree trespassing is a Class 2 misdemeanor. 'Without authorization enters or remains in a building of another, OR on the premises of another so enclosed or secured as to demonstrate a clear intent to keep out intruders'.

EXAMPLE: Calvin wants to buy a truck he saw for sale on a local car dealer's lot. The dealership was closed and surrounded by a 6-foot chain-link fence with barbed wire. Calvin climbed over the fence and onto the lot to look closely at the truck he wanted to buy.

Identify all elements of criminal offenses for the following property crimes: SECOND-DEGREE TRESPASSING

Second degree trespassing is a Class 3 misdemeanor. 'Without authorization enters or remains on the premises of another: 1.) After having been notified not to enter or remain there by the owner or other authorized person OR 2.) That are posted in a manner reasonably likely to come to the attention of intruders with notice not to enter the premise. 3.) On the curtilage of a dwelling house of another between the hours of midnight and 6am.

EXAMPLE: Jason is told by shopping mall security to leave the mall parking lot because he is asking other mall customers for money. Jason refuses to leave.

1. Proof that the defendant saw the 'no trespassing' or other similar sign is not required.

Identify all elements of criminal offenses for the following property crimes: INJURY TO REAL PROPERTY

Injury to real property is a Class 1 misdemeanor. 'Willfully and wantonly damages, injures, or destroys the real property of another'.

EXAMPLE: Mike and Sam are neighbors. Sam lets his dog defecate on Mike's lawn. Out of anger, Mike drives his truck onto Sam's property, does several 'donuts', and damages his lawn.

Identify all elements of criminal offenses for the following property crimes: INJURY TO PERSONAL PROPERTY

Injury to personal property if the damage is more than $200, the offense is a class 1 misdemeanor. If the damage is not more than $200, the offense is a Class 2 misdemeanor. 'Willfully and wantonly injures the personal property of another'.

EXAMPLE: Adam is watching his favorite high school football team play a home game. The visiting team's fans are insulting, which makes Adam angry. When the game ends, Adam sees a car in the parking lot decorated with the visiting team's colors and logo. Adam uses a pocketknife to slash all four car tires.

1. Damage determined by market value. If nonexistent, measure the cost to repair.