(a) Any person who willfully and maliciously injures another by the use of any explosive or incendiary device or material is guilty of a Class D felony.
(b) Any person who willfully and maliciously damages any real or personal property of any kind or nature belonging to another by the use of any explosive or incendiary device or material is guilty of a Class G felony.
(b1) Any person who willfully and maliciously damages, aids, counsels, or procures the damaging of any church, chapel, synagogue, mosque, masjid, or other building of worship by the use of any explosive or incendiary device or material is guilty of a Class E felony.
(b2) Any person who willfully and maliciously damages, aids, counsels, or procures the damaging of the State Capitol, the Legislative Building, the Justice Building, or any building owned or occupied by the State or any of its agencies, institutions, or subdivisions or by any county, incorporated city or town, or other governmental entity by the use of any explosive or incendiary device or material is guilty of a Class E felony.
(c) Repealed by Session Laws 1993, c. 539, s. 1149, effective October 1, 1994.
(d) Any person who possesses any explosive or incendiary device or material with the intent to violate this section is guilty of a Class H felony. (1923, c. 80, s. 1; C.S., s. 4231(a); 1951, c. 1126, s. 1; 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. 1149; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996), c. 751, s. 1; 2003-392, s. 3(c); 2025-71, s. 5(a).)
Notes of Decisions
Cited in
11
cases, 1965–2011 · leading case:
State v. Bindyke, 220 S.E.2d 521 (N.C. 1975).
State v. Bindyke, 220 S.E.2d 521 (N.C. 1975).
· cites it 8× “We find no merit in this contention for the following reason: Although the third count charges that defendant feloni-ously aided and abetted others in maliciously damaging real property by the use of incendiary material — a felony under G.”
State v. Moose, 313 S.E.2d 507 (N.C. 1984).
· cites it 4× “1 Barreled weapon, firearm G.S. § 14-49 Explosive or incendiary device or material G.”
State v. Conrad, 168 S.E.2d 39 (N.C. 1969).
· cites it 6× “The indictments were drawn under G.S. 14-49. All indictments were returned by the Grand Jury on January 22, 1968.”
State v. Cockerham, 497 S.E.2d 831 (N.C. Ct. App. 1998).
· cites it 10× “Under N.C. Gen. Stat. § 14-49 (a), a defendant may be charged with willfully and maliciously injuring another by use of an explosive or incendiary device if there is at least “some probability” that the subject device, compound, formulation or substance was capable of being used…”
State v. Herrin, 711 S.E.2d 802 (N.C. Ct. App. 2011).
· cites it 8× “” N.C. Gen. Stat. § 14-49 (a) (2009) (emphasis added).”
State v. Barnes, 142 S.E.2d 344 (N.C. 1965).
· cites it 3× “It was returnable to the Onslow county court on 28 September 1961. On 29 September 1961 the U. S. Marine Corps surrendered defendant to the county authorities.”
State v. Small, 272 S.E.2d 128 (N.C. 1980).
“8 In Bindyke , the apparent basis for this Court’s treatment of defendant as a principal on the charge of attempt to damage personal property by the use of an incendiary device (See G.”
State v. Sanders, 218 S.E.2d 352 (N.C. 1975).
“1; and in the second, he is charged with willfully and maliciously injuring an individual by the use of explosives, in violation of G.S. 14-49. Admittedly, all injuries arose out of the same explosion, but two separate offenses occurred which were punishable under two separate…”
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).
“We also find the evidence sufficient to survive the motions for nonsuit in the other two cases, in which defendant was charged as a principal with violations of G.S. 14-49 (a) and G.S. 14-49.1. Defendant, as a party to the conspiracy, was equally guilty as a principal with the…”
State v. Hanford, 191 S.E.2d 910 (N.C. Ct. App. 1972).
· cites it 2× “2d 39 , the court discusses the differences between G.S. 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.”
— N.C. Gen. Stat. § 14-49(a) — 2 cases
State v. Herrin, 711 S.E.2d 802 (N.C. Ct. App. 2011).
“” N.C. Gen. Stat. § 14-49 (a) (2009) (emphasis added).”
State v. Cockerham, 497 S.E.2d 831 (N.C. Ct. App. 1998).
“Under N.C. Gen. Stat. § 14-49 (a), a defendant may be charged with willfully and maliciously injuring another by use of an explosive or incendiary device if there is at least “some probability” that the subject device, compound, formulation or substance was capable of being used…”
— N.C. Gen. Stat. § 14-49(b) — 1 case
State v. Bindyke, 220 S.E.2d 521 (N.C. 1975).
“We find no merit in this contention for the following reason: Although the third count charges that defendant feloni-ously aided and abetted others in maliciously damaging real property by the use of incendiary material — a felony under G.”
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treatment. Dots show Syfertize treatment of the citing case itself.