Larceny: Retail Theft and Possession of Stolen Goods

By December 17, 2014Uncategorized

LarcenyIn accordance with the North Carolina General Statute 14-72.11, a person is guilty of a Class H felony if the person commits larceny against a merchant under any of the following circumstances:

AND

  • Using an exit door upon which door has been placed a notice, sign, or poster providing information about the felony offense and punishment provided
  • Removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent its activation
  • Affixing a product code created for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price

Additionally, a person can be found guilty of the Class H felony organized retail theft if the person:

  1. Conspires with another person to commit theft of retail property from retail establishments in which:
    1. The property is collected over a 90-day period
    2. With the intent to sell that retail property for monetary or other gain

OR

  1. Receives or possesses any retail property that has been taken or stolen in violation ofsubdivision (1)

Lastly, according to NCGS 14-71.1, if any person shall possess any movable personal articles, property, money, valuable security or other thing whatsoever, the stealing or taking whereof amounts to larceny or a felony.  Any person knowing or having reasonable grounds to believe the articles in their possession to have been stolen or taken, he or she shall be guilty of a Class H felony, and may be indicted and convicted. (Even if the felon who has stolen or taken such property has or has not been previously convicted or come to justice.)  Any such possessor may be dealt with, indicted, tried and punished as one convicted of larceny.

For more information on Larceny, Retail Theft, or Possession of Stolen Goods, call The Law Offices of Wiley Nickel, PLLC today at (919) 948-7159.

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