2025 NC BLET Property Crimes

Location

DNA, trace, fingerprint, and impression evidence left behind by suspects can be found in

-points of entry and exit to property and buildings

-locations within a building where the offender walked

-vehicle interior and exterior

-on or near the damaged property

-on items left behind intentionally or accidentally by the suspect

Personal Property (obj 1)

money, goods, and all things capable or ownership

Real Property (obj 1)

is land and anything affixed to it or part of it

buildings, fences, water, crops, and minerals in the ground

Use PRIDES: Plan the interview

interview victims as soon as possible and have some questions you'd like to ask ready

Use PRIDES: Rapport Building

be patient, objective and non-judgmental and dont rush the victim

allow them to tell them their story from start to finish w/o interruption

Use PRIDES: Identify the property and establish ownership

establish property ownership, person responsible for property may not be the owner

if victim is a business, corp. or gov. document the reporting party's position of authority to act on behalf of the victim

identify any measures the owner took to protect the property

Description of the property stolen or damaged should include....

1. property type

2. movable property

3. vehicle

4. general characteristics of the property

5. ID numbers

6. unique features

7. replacement value

movable property

Bikes

Clothing

Computers

Consumable goods

credit/debit cards

farm EQ

firearms

household goods

jewelry

metals/gems

money

office EQ

purses/backpacks/wallets

electronics

sports EQ

tools

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

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"

ex. suspect did

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

b. moved an AC unit from a window 4-6 inches toward the door

c. removed tires from a parked motor vehicle and propped them up against the vehicle

Doctrine of recent possession:

Permits an inference of guilt based on a defendant's possession of stolen property recently after a larceny or breaking or entering

for the inference to apply, the evidence must show

a. property was stolen

b. stolen property was found in the defendants custody and subjected to their control and disposition to the exclusion of other and

c. the defendant had possession of recently stolen property

no firm rules about how soon the defendant must come into possession of the stolen property

Misdemeanor Larceny (obj 3): Class and Elements

Class 1 misdemeanor under NCGS 14-72(a)

Elements

a. takes

b. personal property

c. in possession of another and

d. carries it away

e. w/o the consent of the possessor and

f. w/ intent to deprive the possessor of its use permanently and

g. knowing that they were not entitled to it

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

Misdemeanor Larceny

Misdemeanor Larceny (obj 3): Factors

a temporary taking under circumstances where the owner is likely to regain possession does not satisfy element F

-unless the property is abandoned and owner would not have regained the item otherwise

a defendant can only be charged with a single count of larceny if several items are taken during one continuous act

a person who finds lost property and takes it for personal use can be charged w/ larceny if the person knows who the owner is or has reasonable means to ID the owner

it is a Class H felony if a person commits misdemeanor larceny and has 4 prior misdemeanor or felony larceny convictions

Felony Larceny (obj 3): Class and Elements

Class H Felony under NCGS 14-72(a)

Elements

a. takes

b. personal property

c. in posession of another and

d. carries it away

e. w/o consent of the possessor

f. w/ intent to deprive the possessor its use permanently

g. knowing that they were not entitled to it

f. larceny of the crimes listed on the next card

crimes that make it felony larceny (obj 3)

1. property valued at $1000

-if multiple items were taken in one incident their value can be added together

2. from the person

-when the victim physically possesses the property or when it is w/in the victims protection when stolen

-value is irrelevant

-pick pocketing w/o being detected

-suspect reaches into a cash register when employee goes to make change

-stealing a purse w/in arms reach and the victim realized it was happening as it happened

3. From a building

-committed pursuant to a burglary, breaking out of a dwelling, breaking and entering a building, breaking entering a church, or burglary w/ explosives

-larceny of an explosive or incendiary device

-larceny of a firearm (value is irrelevant)

-a record or paper from the NC State Archives

-a horse, mule, swine, cattle or dog

Larceny Investigation Strategies (obj 3)

Gather physical and testimonial evidence relevant to criminal elements

1. ID the person or entity who owns the property

2. when was the property last seen or possessed by the owner

3. was the property secured or left unprotected?

-how was it secured?

-how was it left unprotected?

4. Does the stolen property have any tracking or geolocation tracking features?

5. provide complete and detailed description of the property stolen provide ID numbers and distinctive markings

-if they dont know serial numbers off the top of their head, ask them to provide them as soon as possible

6. is any surveillance, internet, or web-based video available

7. enter the stolen property into NCIC or local hot files

8. check agency stats to determine any crime patterns or leads

9. check pawn shop records

10. consider implementing a neighborhood canvass to develop additional info

Possession of stolen goods (obj 3): Class and Elements

Class 1 misdemeanor under NCGS 14-72(a)

Elements

a. possesses (actual or constructive)

b. stolen property

c. knowing or having reasonable grounds to believe that property is stolen and

d. with a dishonest purpose

Possession of stolen goods (obj 3): Actual Possession

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

Possession of stolen goods (obj 3): Constructive Possession

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

Larry gives Rick a rare coin.

Rick agreed to keep the coin in the back pocket of his pants

actual possession

Rick agreed to keep a bike in a 10x10 storage facility he rents for Larry

constructive possession

Possession of stolen goods (obj 3): Factors

having 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 buys property at a fraction of its value

Class H felony if the theft or taking was pursuant to a felony larceny or other felony and the defendant knows or has reasonable grounds to believe the property was feloniously stolen (watching something for someone and thinking the item is stolen)

Investigation Strategies for possession of stolen goods (obj 3)

1. how did the person come into possession of stolen property

2. when was the property stolen

-where was it stolen from

-what type of crime was involved

-does the owner know it was stolen

3. what facts illustrate that person maintain control over the property (actual or constructive)

4. did the person in possession attempt to conceal stolen property or alter its appearance

5. remember to remove recovered items from NCIC or local hot files

Receiving of stolen goods (obj 3): Class and Elements

Class 1 misdemeanor under NCGS 14-72(a)

Elements

a. receives or conceals

b. property

c. stolen by another

d. knowing or having reasonable grounds to believe that property is stolen and

e. with a dishonest purpose

Peter steals a bike and gives it to Paul as a gift.

Peter tells Paul the bike is stolen.

Paul keeps the bike anyways for his use

Receiving stolen goods

Receiving of stolen goods (obj 3): Factors

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

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

Investigative strategies for Receiving stolen goods (obj 3)

1. who gave the person the stolen property

2. when was the property reported stolen

-where was it stolen from

-what type of crime was involved

3. how did the person conceal the stolen property

4. what facts illustrate that person should have reasonably known the property was stolen

5. remove recovered items from NCIC

Possession of a stolen vehicle (obj 3): Class and Elements

Class H felony under NCGS 14-71.2

Elements

a. Possesses

b. a vehicle and

c. Knowing or having reasonable grounds to believe that the vehicle was stolen or unlawfully taken

Possession of a stolen vehicle (obj 3): Factors

1. evidence defendant is operating a stolen vehicle

-driving not as a passenger

2. the doctrine of recent possession may provide a sufficient basis for concluding a defendant who possesses a recently stolen vehicle knows the vehicle is stolen unless circumstances show the vehicle could have been obtained innocently

3. taking a vehicle for temporary use where prior authority has been given may be ok (family, rental car)

Investigation strategies for possession of a stolen vehicle (obj 2)

1. how did the person come into possession of the stolen motor vehicle

2. when was the car reported stolen

-from where was it stolen

-does the owner know the vehicle was stolen

3. what facts illustrate the person should have reasonably known the car was stolen or unlawfully taken

4. consider checking area business or home security camera footage to see if the suspect is ID'd as possessing the car

5. report found items to NCIC or hot files

unauthorized use of a vehicle (obj 3): Class and Elements

Class 1 misdemeanor under NCGS 14-72.2

Elements

a. willfully take or operate

b. a motor-propelled conveyance

c. of another

d. w/o consent of the owner or the person in lawful possession

unauthorized use of a vehicle (obj 3): Factors

1. a motor propelled conveyance includes cars, boats, and planes

2. its a felony if its a plane

3. unauthorized use can be a lesser included offense of larceny of a motor vehicle when there is evidence that the defendant did not intend to deprive the owner of the vehicle permanently

-joy rides, cant be larceny bc they give the car back

Larceny of vehicle parts (obj 3): Class and Elements

Class I Felony under NCGS 14-72.8

Elements

a. commits a larceny

b. of a vehicle part

c. the cost of repairing the vehicle is $1000 or more

-includes cost of parts and additional costs to install any replacement part

Larceny from a merchant (obj 2): Class and Elements

Class H Felony under NCGS 14-72.11

Elements

a. commits a larceny

b. against a merchant and does any of the following

-takes property valued at more than $200 using an emergency exit door to leave the premises

-removes, destroys, or deactivates anti-shoplifting components or inventory control device

-affixes a product code created to fraudulently obtain goods less than the actual price

-property is infant formula valued at $100 or more

-exchanges property for cash, a gift card, a merchandise card or another item of value knowing the property was stolen

if the property value is less than $200 the correct charge is misdemeanor larceny

true

Investigation strategies for larceny from a merchant

1. what drew your attention to the suspect

2. how long was the suspect inside the store before they left w/ the merchandise

3. where is the exit door located. is it clearly marked and commonly used by customers

4. did the suspect have to walk past a cashier or register to exit the store

5. is there any surveillance video or witnesses

6. what is the suspect's MO

7. did the suspect have enough money or means on their person to pay for the item(s)

8. did they destroy any anti-theft devices before getting detained by loss-prevention

Shoplifting by concealing merchandise (obj 3): Class and Elements

Class 3 misdemeanor under NCGS 14-72.1 for the first offense

Elements

a. willfully conceals

b. goods or merchandise of a store

c. w/o authority

d. w/o having purchased the goods or merchandise and

e. while still on the premises of the store

does not require proof of intent

Shoplifting by concealing merchandise (obj 3): Factors

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

2. Class 1 misdemeanor if the offense is a 3rd or more shoplifting offense and is committed w/in 5 years after a conviction of 2 other shoplifting offenses

3. Class H felony if the defendant uses a lead-lined or aluminum-lined bag, article of clothing, or similar item to prevent the activation of any anti-theft EQ

Investigation Strategies for Shoplifting (obj 3)

1. what drew your attention to the suspect

2. where was the suspect when they concealed the merchandise

3. how long was the suspect inside the store befeore concealing the merchandise

4. had the suspect purchased the item before concealing it, or had the suspect been given any authority by the store staff to carry the item in a particular way (if either applies, no offense has been committed)

5. is there any surveillance available

6. what is the suspects MO

7. did the suspect have enough money on their person to purchase the merchandise

Shoplifting by substitution of prices (obj 3): Class and Elements

Class 3 misdemeanor under NCGS 14-72.1 for 1st offense

Elements

a. willfully and without authority

b. transfers price tag or marks goods down or places a fake price tag on goods

c. then presents the goods for purchase

Shoplifting by substitution of prices (obj 3): Factors

Class 2 misdemeanor if the offense is committed w/in 3 years after a prior shoplifting violation

Class 1 misdemeanor if the offense is a 3rd or more offense committed w/in 5 years after a conviction of 2 or more shoplifting offenses

Shoplifting by substitution of prices (obj 3): Investigation Strategies

1. is there surveillance video available

2. what is the suspects MO

3. what drew your attention to the suspect

4. did the suspect have enough money on their person to buy the item

Organized Retail Theft (obj 3): Class and Elements

Class H felony under NCGS 14-86.6

Elements

a. conspires w/ another person

b. to commit theft of retail property

c. valued at more than $1500 aggregated over 90 days

d. from one or more retail establishments

e. w/ intent to sell the property for gain and

f. takes or causes the property to be placed in the control of a retail property fence or another person

g. in exchange for consideration

Organized Retail Theft (obj 3): Factors

Class H felony to receive or possess retail property that has been stolen in connection w/ organized retail theft while knowing the property was stolen

thefts of retail property occurring in more than one country may be aggregated into an alleged violation of the statute

Financial transaction card theft (obj 4): Class and Elements

Class I felony under NCGS 14-113.9

a financial transaction includes credit cards, bank services cards, debit cards, or other cards that allows the holder to obtain goods, services or money

Elements

a. takes, obtains, withholds

b. a financial transaction card

c. from another person w/o the cardholder's consent and

d. with the intent to use it

Financial transaction card theft (obj 4): Factors

must have proof the defendant intended to use the card

Prima facie if a defendant has in his possession financial transaction cards issued in the names of 2 or more other persons excluding immediate family members

there are various other ways to commit financial transaction card theft under NCGS 14-113.9 consider reviewing the text of the statute when possible

Financial transaction card Fraud (obj 4): Class and Elements

Class 2 misdemeanor under NCGS 14-113.12 if the property obtained is $500 or less in a six month period

Elements

a. with intent to defraud

b. uses a financial transaction card to do any of the following

-obtained, retained or received w/ the knowledge that it was obtained or retained in violation of NCGS 14-113.9

-that they know is forged, expired, revoked, or altered or

-that they know was obtained by a fraudulent application

Financial transaction card Fraud (obj 4): Factors

Class I felony if exceeding $500 in a 6 month window

not a lesser crime. if you steal someone's card but dont use it you can get convicted of both charges

Financial transaction card Fraud (obj 4): Interrogation strategies

1. is there video

2. MO

3. collect any purchase receipts and put them into evidence

Obtaining property by false pretenses (obj 4): Class and Elements

Class H felony under NCGS 14-100

Elements

a. makes a representation of a past or existing fact or future event (orally, in writing, or by action)

b. that is false

c. is calculated and intended to deceive

d. the representation does, in fact deceive another

e. the person thereby obtains or attempts to obtain money, goods, property, services or anything of value

Class C felony if the value is more an $100,000

Identity Theft (obj 4): Class and Elements

Class G felony under NCGS 14-112.20

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 info pertaining to 3 or more separate persons

Elements

a. knowingly obtains, possesses or uses

b. identifying information of another person, living or dead

c. w/ the intent to fraudulently represent that person and

d. for the purpose of

-making financial or credit transactions in the other person's name

-avoiding legal consequences or

-obtaining anything of value, benefit or advantage

Identifying information

-SSN or taxpayer ID number

-DL, passport numbers or government ID

-checking or saving account numbers or credit/debit card numbers

-PIN numbers and passwords

-electronic ID numbers, mail names or addresses, and internet account numbers or internet identification names

-biometric date or fingerprints

-parents legal surname before marriage

-digital signature

Embezzlement by an employee (obj 4): Class and Elements

Class H felony under NCGS 14-74

Elements

a. an employee who willfully

b. goes away with a thing of value, embezzles, or converts to their own use a thing a value

c. entrusted to the employee, and

d. with the intent to steal it and defraud the employer

Embezzlement by an employee (obj 4): Factors

its only embezzlement if the employee has the duty or the authority to handle money. if the employee has no business handling money and takes some money its just larceny

Breaking (obj 2)

making an opening, however slight. may be walking through a door. basically going in somewhere youre not supposed to be

breaking does not require any destructive force

can be constructive or actual

Entering (obj 2)

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

Building (obj 4)

a permanent structure with walls and a roof that is occupied, unoccupied, inhabited, uninhabited.

houses, buildings, boiler rooms, shops, warehouse, banks, garages, mobile homes, buildings under construction

buildings w/in the curtilage of a house, and trailer put up on blocks and used for storage

Dwelling (obj 4)

a structure regularly used by a person or persons for sleeping

regularly used means that the use occurs in ordinary practice

house, apartment, hotel room, motel, rooming house

Breaking or entering of a building (obj 4): Class and Elements

Class 1 misdemeanor under NCGS 14-54

when the defendant has no intent to commit a felony or larceny inside

Elements

a. Breaks or enters

b. w/o consent

c. into any building to include a dwelling or any other structure designed to house or secure w/in any activity or property

Breaking or entering of a building (obj 4): Factors

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

Class G felony if the building is a church and the defendant intends to commit any felony or larceny therein

Breaking or entering of a building (obj 4): Investigation strategies

1. surveillance evidence

2. what is the suspect's point of entry and exit from the building

-did any damage occur during the breaking

Breaking or entering of a vehicle (obj 4): Class and Elements

Class I felony under NCGS 14-56

Elements

a. breaks or enters

b. w/o consent

c. into any car, railroad car, trailer, plane or boat

d. containing goods, wares, freight, or anything of value and

e. w/ the intent to commit any felony or larceny therein

Breaking or entering of a vehicle (obj 4): Investigation Strategies

1. surveillance video

2. MO

3. if larceny was committed, was the property stolen immediately visible to anyone looking inside the vehicle (on the front seat)

4. collect any items the suspect may have left and place them into evidence

5. process as a crime scene for potential evidence (prints)

6. Conduct a neighborhood/business canvass to ID potential witnesses

First Degree Burglary (obj 4): Class and Elements

Class D felony under NCGS 14-51 and 14-52

attempted 1D burglary is a Class E felony

Elements

a. breaks

b. and enters

c. w/o consent

d. into a dwelling house or sleeping apartment

e. of another

f. while its actually occupied

g. at night and

h. w/ the intent to commit any felony or larceny therein

First Degree Burglary (obj 4): Investigation strategies

1. ID the person who owns or rents the dwelling

2. does the owner know or have a relationship w/ suspect

3. neighborhood canvas/video

4. was any stolen property secured or left unprotected

5. does the stolen property have a tracking or geolocation

6. check agency stats to determine crime patterns

7. if the property was stolen and not recovered enter in NCIC

Second Degree Burglary (obj 4): Class and Elements

Class G felony under NCGS 14-51 and 14-52

Attempted second-degree burglary is a Class H felony

Elements

a. breaks

b. and enters

c. w/o consent

d. into a dwelling house or sleeping apartment or any building w/in the curtilage of the dwelling

e. of another

f. at night and

g. with the intent to commit any felony or larceny therein

Possession of burglar's tools: Class and Elements

Class I felony under NCGS 14-55

a. is found in possession of

b. any picklock, key, bit, or another implement of house breaking

c. w/o a lawful reason

First-Degree Trespass (obj 4): Class and Elements

Class 2 misdemeanor under NCGS 14-159.12

Elements

a. w/o authorization

b. enters or remains

c. in a building of another, or on the premises of another so enclosed or secure as to demonstrate a clear intent to keep out intruders

First-Degree Trespass (obj 4): Factors

1. premises includes the entire piece of real estate including buildings and land

First-Degree Trespass (obj 4): Investigation Strategies

1. determine and document the relationship between the property owner and the alleged trespasser

2. fully document property features that illustrate why the trespassing was first-degree

3. identify and gather any surveillance video evidence

Second-Degree Trespass (obj 4): Class and Elements

Class 3 misdemeanor under NCGS 14-159.13

Elements

a. w/o authorization

b. enters or remains

c. on the premises of another

-after been notified not to enter or remain there by the owner or other authorized person or

-that posted in a manner reasonably likely to come to the attention of intruders w/ notice not to enter the premise

-on the curtilage of a dwelling house of another between midnight and 6am

Second-Degree Trespass (obj 4): Investigative Strategies

1. determine and document the relationship between the property owner and suspect

2. if the owner is not a human being (company) or is an authorized person other than the owner determine and document the authority of that person

3. collect testimonial evidence

4. were signs posted

Injury to real property (obj 4)

Class 1 misdemeanor under NCGS 14-127

Elements

a. willfully and wantonly

b. damages, injures, or destroys

c. the real property of another

real property can be privately or publicly owned

Investigation strategies

1. determine costs to replace or repair damaged real property

2. take photos of damaged property

Injury to Personal Property (obj 4)

NCGS 14-160

Class 1 misdemeanor if more than $200

Class 2 misdemeanor if less than $200

Elements

a. willfully and wantonly

b. injures

c. the personal property of another