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NC General Statutes

N.C. Gen. Stat. § 14-58 (2026)

Punishment for arson

✓ current as of July 2026
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There shall be two degrees of arson as defined at the common law. If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class D felony. If the dwelling burned was unoccupied at the time of the burning, the offense is arson in the second degree and is punishable as a Class E felony. (R.C., c. 34, s. 2; 1870-1, c. 222; Code, s. 985; Rev., s. 3335; C.S., s. 4238; 1941, c. 215, s. 2; 1949, c. 299, s. 3; 1973, c. 1201, s. 4; 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. 1156; 1994, Ex. Sess., c. 24, s. 14(c); 2022-8, s. 1(a).)

 

§ 14-58.1.  Definition of "house" and "building."

As used in this Article, the terms "house" and "building" shall be defined to include mobile and manufactured-type housing and recreational trailers. (1973, c. 1374.)

 

Notes of Decisions
Cited in 46 cases (2 in the last 5 years), 1948–2022 · leading case: State v. Waddell, 194 S.E.2d 19 (N.C. 1973).
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State v. Waddell, 194 S.E.2d 19 (N.C. 1973). · cites it 39× “§ 14-52 (burglary), and G.S. § 14-58 (arson); or it may wish to rewrite these statutes altogether to give expression to what it conceives to be the public will.”
State v. Jarrette, 202 S.E.2d 721 (N.C. 1974). · cites it 21× “It is neither the function nor the purpose of this Court to defend or justify Furman, the stated reasons for it or the results which have flowed from it. Our function and intent has been, and is, to comply with it and to determine its effect upon the statutes of North Carolina,…”
State v. Jaynes, 464 S.E.2d 448 (N.C. 1995). · cites it 9× “Specifically, he contends that there was no evidence that the burned dwelling was “occupied” for purposes of N.C.G.S. § 14-58 or that the killing and the burning were part of the same criminal incident.”
State v. Scott, 564 S.E.2d 285 (N.C. Ct. App. 2002). · cites it 12× “The caption of the indictment does not identify the alleged offense by name, but merely states that the alleged offense is a violation of N.C. Gen. Stat. § 14-58 . The record shows that both the arrest warrant and the certificate of arraignment identify the alleged offense as…”
State v. Ward, 379 S.E.2d 251 (N.C. Ct. App. 1989). · cites it 16× “whether defendant was prejudiced by the trial court's admission of the witness's subsequent statement that she was "afraid" of defendant; II) where one inhabitant of a trailer was dead and the other had vacated the trailer and paid defendant $50 as part of a plan with defendant…”
State v. Jones, 598 S.E.2d 125 (N.C. 2004). · cites it 3× “§ 14-52 (2003) (stating that “[b]urglary in the first degree shall be punishable as a Class D felony, and burglary in the second degree shall be punishable as a Class G felony”); N.C.G.S. § 14-58 (2003) (providing that first-degree arson “is punishable as a Class D felony” and…”
State v. Johnson, 257 S.E.2d 597 (N.C. 1979). · cites it 4× “14-52 and G.S. 14-58 to provide that life imprisonment would be the mandatory penalty for first degree burglary and arson, respectively.”
State v. Campbell, 418 S.E.2d 476 (N.C. 1992). · cites it 10× “N.C.G.S. § 14-58 (1986). A Class C felony carries a maximum prison sentence of fifty years or life imprisonment and a presumptive sentence of fifteen years; a Class D felony carries a maximum prison sentence of forty years and a presumptive sentence of twelve years.”
State v. Eason, 402 S.E.2d 809 (N.C. 1991). · cites it 3× “N.C.G.S. § 14-58 (1986). The defendant was charged with and convicted of that statutory offense.”
State v. Parker, 516 S.E.2d 106 (N.C. 1999). · cites it 3× “The State contends, and we agree, that such evidence is not required where the burning of the downstairs apartment and the murder of Dowdy were parts of a continuous transaction. If the interval between the mortal blow and the arson is short, and the murder and arson constitute…”
State v. Allen, 367 S.E.2d 626 (N.C. 1988). · cites it 3× “N.C.G.S. § 14-58 (1986). First-degree arson is an offense against both persons and property.”
State v. Pigott, 415 S.E.2d 555 (N.C. 1992). · cites it 3× “N.C.G.S. § 14-58 (1986). The crime of arson is consummated by the burning of any part of the house; and a burning occurs when there is charring, that is, when wood is reduced to coal and its identity changed, but not when it is merely scorched or discolored by the heat.”
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