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NC General Statutes

N.C. Gen. Stat. § 14-51 (2026)

First and second degree burglary

✓ current as of July 2026
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(a) Burglary in the First Degree. - Any person who shall break and enter the dwelling house or room used as a sleeping apartment of another with the intent to commit any felony or larceny therein and any person is in the actual occupation of any part of said dwelling house or sleeping apartment at the time of the commission of such crime, it shall be burglary in the first degree.

(b) Burglary in the Second Degree. - Any person who shall break and enter the dwelling house or room used as a sleeping apartment of another with the intent to commit any felony or larceny therein and the property was not actually occupied at the time of the commission of the crime, it shall be burglary in the second degree.  (1889, c. 434, s. 1; Rev., s. 3331; C.S., s. 4232; 1969, c. 543, s. 1; 2025-71, s. 10(a).)

 

§ 14-51.1:  Repealed by Session Laws 2011-268, s. 2, effective December 1, 2011.

 

Notes of Decisions
Cited in 154 cases (5 in the last 5 years), 1946–2025 · leading case: State v. Gardner, 340 S.E.2d 701 (N.C. 1986).
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State v. Gardner, 340 S.E.2d 701 (N.C. 1986). · cites it 12× “In that year, the General Assembly rewrote N.C.G.S. §§ 14-51, 14-53, 14-54, 14-55, 14-56, 14-57, and 14-72 in acts which were titled as "clarifications" of the laws.”
State v. Hannah, 563 S.E.2d 1 (N.C. Ct. App. 2002). · cites it 9× “Defendant appeals his convictions of first degree burglary in violation of N.C.G.S. § 14-51, and assault inflicting serious bodily injury, in violation of N.”
State v. Singletary, 472 S.E.2d 895 (N.C. 1996). · cites it 12× “In defendant's first assignment of error, he contends the trial court committed reversible error in denying his motion to dismiss the burglary charge against him because "the uncontradicted evidence showed that the dwelling which defendant entered was his own residence."…”
United States v. Jerrod Mack, 855 F.3d 581 (4th Cir. 2017). · cites it 4× “The presentence re *584 port, on which the court relied, showed that Mack was sentenced in November 2012 in North Carolina state court to 25 to 42 months’ imprisonment for having committed “felony attempted first degree burglary” and “felony conspiracy to commit first degree…”
State v. Thomas, 514 S.E.2d 486 (N.C. 1999). · cites it 6× “Once again, we find no merit to defendant’s contention. The indictment for burglary alleged that defendant did unlawfully and feloniously break and enter the dwelling of the victim in the nighttime with the intent to commit a felony, larceny, or robbery therein.”
United States v. Evans, 924 F.3d 21 (2d Cir. 2019). · cites it 4× “The conduct underlying this conviction involved Evans and two co-conspirators entering a bank in Buffalo wearing ski masks and armed with a pistol and a shotgun, yelling "Everyone get down, this is a hold up!" Finally, Evans was convicted in 2001 in North Carolina of *25…”
State v. Montgomery, 417 S.E.2d 742 (N.C. 1992). · cites it 6× “2d 369 (1985); N.C.G.S. § 14-51 (1986). Substantial evidence presented by the State tended to show that the defendant broke into or entered the apartment while it was occupied by the victim between 10:30 p.”
State v. Gibbs, 436 S.E.2d 321 (N.C. 1993). · cites it 3× “Defendant argues there was substantial evidence showing that when he broke and entered the Farrises’ house, he did not possess the requisite felonious intent.”
State v. Barts, 343 S.E.2d 828 (N.C. 1986). · cites it 3× “See N.C.G.S. § 14-51 (1981 and Cum. Supp. 1985); State v.”
State v. Turnage, 666 S.E.2d 753 (N.C. 2008). · cites it 3× “2d 708, 720 (1985) (citation omitted); see also N.C.G.S. § 14-51 (2005). Regarding the element of entry, “the least entry with the whole or any part of the body, hand, or foot, or with any instrument or weapon, introduced for the purpose of committing a felony, is sufficient to…”
State v. Lawrence, 530 S.E.2d 807 (N.C. 2000). · cites it 3× “Defendant next contends that the trial court erred in refusing to submit misdemeanor breaking or entering as a lesser-included offense of first-degree burglary.”
State v. Jones, 538 S.E.2d 917 (N.C. 2000). · cites it 3× “S. § 14-32 and N.C.G.S. § 14-34.1 (1999), respectively.”
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— N.C. Gen. Stat. § 14-51(c) — 1 case
State v. Thomas (N.C. Ct. App. 2025).
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