NC General Statutes

N.C. Gen. Stat. § 14-65 (2026)

Fraudulently setting fire to dwelling houses

✓ current as of July 2026
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If any person, being the occupant of any building used as a dwelling house, whether such person be the owner thereof or not, or, being the owner of any building designed or intended as a dwelling house, shall wantonly and willfully or for a fraudulent purpose set fire to or burn or cause to be burned, or aid, counsel or procure the burning of such building, he shall be punished as a Class H felon. (Code, s. 985; 1903, c. 665, s. 3; Rev., s. 3340; 1909, c. 862; C.S.,  s. 4245; 1927, c. 11, s. 2; 1971, c. 816, s. 8; 1979, c. 760, s. 5; 1979 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14.)

 

Notes of Decisions
Cited in 10 cases, 1958–2012 · leading case: Johnston v. State, 735 S.E.2d 859 (N.C. Ct. App. 2012).
Johnston v. State, 735 S.E.2d 859 (N.C. Ct. App. 2012). · cites it 7× “The trial court also found that plaintiff was convicted of “fraudulent setting fire, conspiracy, false statement to procure, and conspiracy to receive, receiving, conspiracy to commit larceny and accessory before the fact in violation of N.C. Gen. Stat. §§ 14-65 , 14-214, 14-71,…”
State v. Lassiter, 586 S.E.2d 488 (N.C. Ct. App. 2003). · cites it 24× “fire in the mobile home; (III) denying defendant’s motion to dismiss on grounds of sufficiency of the evidence; (IV) instructing the jury that premeditation and deliberation can be inferred from evidence of how a defendant handles a victim’s body; and (V) instructing the jury…”
State v. Brackett, 291 S.E.2d 660 (N.C. 1982). · cites it 6× “Defendant was charged in an indictment proper in form with wantonly and willfully burning her dwelling house, a violation of G.S. 14-65. At trial the State’s evidence tended to show that on the evening of 6 May 1980, defendant was seen leaving her home and hurriedly driving away.”
State v. Payne, 561 S.E.2d 507 (N.C. Ct. App. 2002). · cites it 6× “See N.C.G.S. § 14-65 (1999); State v. James, 77 N.”
State v. White, 215 S.E.2d 557 (N.C. 1975). · cites it 4× “) In these instructions the trial judge seems to have confused the common law crime of arson, for which defendant was indicted and which before the enactment of Chapter 1201, 1973 Session Laws, was a capital crime, with the general felony defined by G.”
State v. Brackett, 285 S.E.2d 852 (N.C. Ct. App. 1982). · cites it 2× “See G.S. 14-65. I believe the admission of the State's evidence, over defendant's objection, as to insurance on the dwelling and its contents, was prejudicial error which requires a new trial.”
State v. Banks, 102 S.E.2d 245 (N.C. 1958). “4245 (now G.S. 14-65).” The defendant requested the court to direct a verdict of not guilty, on the ground that the property was not described in the indictment with sufficient definiteness.”
State v. Hicks, 320 S.E.2d 697 (N.C. Ct. App. 1984). · cites it 3× “G.S. 14-65 sets forth alternative theories in proving guilt: (1) proof that the defendant did the burning or (2) proof that the defendant procured another to do the burning.”
Hicks v. Reese, 624 F. Supp. 1116 (W.D.N.C. 1986). · cites it 6× “Petitioner was indicted May 2, 1983 by a Gaston County Grand Jury for fraudulently setting fire to a dwelling house in violation of N.C.Gen.Stat. § 14-65 (1981). He was tried and found guilty as charged during the August 8, 1983 Session of Gaston County Superior Court before the…”
State v. White, 328 S.E.2d 902 (N.C. Ct. App. 1985). · cites it 2× “In Brackett the de *507 fendant was indicted and convicted of willfully and wantonly burning her house in violation of G.S. 14-65. She was not charged with burning for a fraudulent purpose.”
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