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NC General Statutes

N.C. Gen. Stat. § 14-49.1 (2026)

Malicious damage of occupied property by use of explosive or incendiary; punishment

✓ current as of July 2026
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Any person who willfully and maliciously damages any real or personal property of any kind or nature, being at the time occupied by another, by the use of any explosive or incendiary device or material is guilty of a felony punishable as a Class D felony. (1967, c. 342; 1969, c. 869, s. 6; 1979, c. 760, s. 5; 1979, 2nd. Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1150; 1994, Ex. Sess., c. 24, s. 14(c).)

 

§ 14-50:  Repealed by Session Laws 1994, Ex.  Sess., c. 14, s. 71(4).

 

Notes of Decisions
Cited in 9 cases, 1969–2004 · leading case: State v. Sexton, 581 S.E.2d 57 (N.C. 2003).
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State v. Sexton, 581 S.E.2d 57 (N.C. 2003). · cites it 7× “On 7 August 2000, defendant was indicted for willful and malicious damage to occupied real property by use of an incendiary device pursuant to N.C.G.S. § 14-49.1, and for possession of a weapon of mass death and destruction pursuant to N.”
State v. Conrad, 168 S.E.2d 39 (N.C. 1969). · cites it 7× “Both indictments were drawn under G.S. 14-49.1. In Case No. 13,679, the defendant Gallimore was indicted for the wilful, malicious and felonious damage by the use of dynamite to the 1966 Mercury Comet automobile, the property of Fred C.”
State v. Bennett, 510 S.E.2d 698 (N.C. Ct. App. 1999). · cites it 38× “The State's evidence tended to show the following: On 10 February 1997, Deputy Wayne Hasenmayer of the Anson County Sheriff's Department went to defendant's mother's home to attempt to serve an arrest warrant on defendant for damaging real property.”
State v. Sexton, 571 S.E.2d 41 (N.C. Ct. App. 2002). · cites it 4× “A showing of malice is required under N.C. Gen. Stat. § 14-49.1 . See id. Defendant concedes the State’s evidence demonstrates ill will toward Bobby Neal.”
State v. Sanders, 218 S.E.2d 352 (N.C. 1975). “In the first, he is charged with damage to personal property occupied by an individual, in violation of G.S. 14-49.1; and in the second, he is charged with willfully and maliciously injuring an individual by the use of explosives, in violation of G.”
State v. Little, 209 S.E.2d 749 (N.C. 1974). “2d 39 (1969), the defendant was convicted of malicious damage to an occupied building, a violation of G.S. 14-49.1, the same statute that defendant is charged with violating in this case.”
State v. Becton, 594 S.E.2d 143 (N.C. Ct. App. 2004). · cites it 2× “” In Sanders , the defendant had been convicted of damage to personal property occupied by an individual in violation of N.C. Gen. Stat. § 14-49.1 and willfully and maliciously injuring an individual by the use of explosives in violation of N.”
State v. Grier, 227 S.E.2d 126 (N.C. Ct. App. 1976). “14-49 (a) and G.S. 14-49.1. Defendant, as a party to the conspiracy, was equally guilty as a principal with the other participants in the commission of the crimes contemplated by the conspiracy.”
State v. Hanford, 191 S.E.2d 910 (N.C. Ct. App. 1972). “14-49 and G.S. 14-49.1 and states if the property was occupied at the time of the explosion, the indictment should describe the property and name the occupant and also list any other property also injured.”
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