Burglary

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In North Carolina, there are two different forms of burglary: first degree burglary and second degree burglary.

First degree burglary under North Carolina General Statute 14-51 occurs when a person (1) breaks and (2) enters (3) without consent (4) the dwelling house or sleeping apartment (5) of another (6) while it is actually occupied (7) at night (8) with the intent to commit any felony or larceny therein. First degree burglary is a class D felony with a maximum punishment under the law of 204 months incarceration.

Second degree burglary under North Carolina General Statute 14-51 occurs when a person (1) breaks and (2) enters (3) without consent (4) the dwelling house or sleeping apartment, or any building within the curtilage of the dwelling, (5) of another (6) at night (7) with the intent to commit any felony or larceny therein. Second degree burglary is a class G felony with a maximum punishment under the law of 47 months.

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