GIFT CARD THEFT & UNLAWFUL BUSINESS ENTRY.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 315 (Public) Filed Wednesday, March 5, 2025
AN ACT TO ESTABLISH AN OFFENSE FOR ENTERING A PART OF A BUILDING NOT OPEN TO THE PUBLIC WITH THE INTENT TO COMMIT AN UNLAWFUL ACT; TO ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS; TO REVISE THE ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT CARDS; AND TO PROVIDE CIVIL LIABILITY FOR LARCENY OF GIFT CARDS.
Intro. by Pyrtle, Miller, Carson Smith, Reives.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 27 2025)

SOG comments (1):

Long title change

Submitted by jhenders@sog.unc.edu on

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO ESTABLISH AN OFFENSE FOR WRONGFULLY ENTERING A PART OF A BUILDING NOT OPEN TO THE PUBLIC; TO ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS; AND TO REVISE THE ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT CARDS.

Bill History:

H 315

Bill Summaries:

  • Bill H 315 (2025-2026)
    Summary date: Mar 18 2025 - View Summary

    House committee substitute to the 1st edition makes the following changes. 

    Amends proposed GS 14-54(b1) to require that the person enters any area, with the intent to commit an unlawful act (was, the person knowingly and wrongfully enters any area) of a building (1) commonly reserved for personnel of a commercial business where money or other property is kept or (2) clearly marked with a sign that indicates to the public that entry is forbidden to GS 14-54 (breaking or entering buildings). 

    Amends GS 1-538.2 to make any person who commits an act punishable under new GS 14-72.12 (larceny of gift cards) liable for civil damages to the property owner; also makes parents or legal guardians of unemancipated minors who commit an act punishable under new GS 14-72.12 civilly liable to the property owner if they knew or should have known of the propensity for the child to commit such an act, and had the opportunity and ability to control the child, and made no reasonable effort to correct or restrain the child. Makes conforming changes to the act's long title. 

    Courts/Judiciary, Civil, Civil Law, Criminal Justice, Criminal Law and Procedure
    GS 1, GS 14
  • Bill H 315 (2025-2026)
    Summary date: Mar 5 2025 - View Summary

    Adds the offense of knowingly and wrongfully entering any area of a building (1) commonly reserved for personnel of a commercial business where money or other property is kept or (2) clearly marked with a sign that indicates to the public that entry is forbidden to GS 14-54 (breaking or entering buildings). Designates first offense as a Class 1 misdemeanor and subsequent offenses a Class I felony.

    Adds new offense pertaining to larceny of gift cards (GS 14-72.12) if a person does any of the following:

    1. Acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder or card issuer.
    2. Obtains a gift card or gift card redemption information from a cardholder or card issuer by means of false or fraudulent pretenses, representations, or promises.
    3. Alters or tampers with a gift card or its packaging with intent to defraud  another.

    Sets violation of GS 14-72.72 as a Class H felony unless the value of the gift card is $1,000 or less, then violation is a Class 1 misdemeanor.  

    Adds defined terms gift card, gift card issuer, gift card value, and gift card redemption information to GS 14-86.5. Makes organizational changes.

    Adds the following acts to the offense of organized retail theft under GS 14-86.6:

    • Conspiring with another person to acquire or retain possession of a gift card or gift card redemption information without the consent of the cardholder or card issuer.
    • Devising a scheme with one or more persons to obtain a gift card or gift card redemption information from a cardholder or card issuer by means of false or fraudulent pretenses, representations, or promises.
    • Conspiring with another person to alter or tamper with a gift card or its packaging with intent to defraud another.

    Makes conforming changes to listed punishments and multiple theft provisions of GS 14-86.6(a2), with punishment varying from a Class H to Class C felony based on the value of the gift card, to account for new gift card offenses under GS 14-86.6.

    Specifies that prosecutions for offenses committed before the act’s effective date are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable to those prosecutions.

    Applies to offenses committed on or after December 1, 2025.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 14
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