If any person shall possess any chattel, property, money, valuable security or other thing whatsoever, the stealing or taking whereof amounts to larceny or a felony, either at common law or by virtue of any statute made or hereafter to be made, such person knowing or having reasonable grounds to believe the same to have been feloniously stolen or taken, he shall be guilty of a Class H felony, and may be indicted and convicted, whether the felon stealing and taking such chattels, property, money, valuable security or other thing shall or shall not have been previously convicted, or shall or shall not be amenable to justice; and any such possessor may be dealt with, indicted, tried and punished in any county in which he shall have, or shall have had, any such property in his possession or in any county in which the thief may be tried, in the same manner as such possessor may be dealt with, indicted, tried and punished in the county where he actually possessed such chattel, money, security, or other thing; and such possessor shall be punished as one convicted of larceny. (1977, c. 978, s. 1; 1993, c. 539, s. 1165; 1994, Ex. Sess., c. 24, s. 14(c).)
Notes of Decisions
Cited in
95
cases (
9 in the last 5 years), 1978–2026 · leading case:
State v. Haymond, 691 S.E.2d 108 (N.C. Ct. App. 2010).
State v. Haymond, 691 S.E.2d 108 (N.C. Ct. App. 2010).
· cites it 15× “08 CRS 1474 Felonious Possession of stolen property belong to William Pelón in violation of N.C.G.S. § 14-71.1 07 CRS 886 Count I. Felonious breaking or entering of a building occupied by Jeffrey Ritch in violation of N.”
State v. White, 370 S.E.2d 390 (N.C. 1988).
· cites it 18× “2d 491 (1981), in which we construed N.C.G.S. § 14-71.1, we implicitly rejected defendant's theory that the separate counts of possession of which he was convicted sprung from but one criminal offense.”
State v. Davis, 275 S.E.2d 491 (N.C. 1981).
· cites it 11× “The dispositive question presented by this appeal is whether possessing stolen property in violation of G.S. 14-71.1 is a lesser included offense of receiving stolen property in violation of G.”
State v. Bailey, 577 S.E.2d 683 (N.C. Ct. App. 2003).
· cites it 10× “A defendant charged with possession of stolen property under G.S. 14-71.1 or possession of a stolen vehicle under G.”
State v. Marsh, 652 S.E.2d 744 (N.C. Ct. App. 2007).
· cites it 10× “The count charging Felonious Possession of Stolen Goods reads as follows: [T]he defendant named above unlawfully, willfully and felo-niously did possess the personal property described in Count II above, which property was stolen property, being the personal property of the…”
State v. Perry, 278 S.E.2d 273 (N.C. Ct. App. 1981).
· cites it 12× “It also enacted G.S. § 14-71.1, creating the offense of felony possession of stolen goods.”
State v. Parker, 341 S.E.2d 555 (N.C. 1986).
· cites it 6× “See N.C.G.S. §§ 14-71.1, 14-72 (1981 and Cum.”
State v. Brantley, 501 S.E.2d 676 (N.C. Ct. App. 1998).
· cites it 12× “I feel, however, that this conclusion too narrowly construes N.C. Gen.Stat. § 14-71.1 and that the facts of this case are clearly distinguishable from those of State v.”
State v. Andrews, 277 S.E.2d 857 (N.C. Ct. App. 1981).
· cites it 8× “14-71 the state seeks to punish the act of receiving stolen goods from another; under G.S. 14-71.1 the state seeks to punish the act of possessing stolen goods without regard to who might have stolen them.”
State v. Hendricksen, 809 S.E.2d 391 (N.C. Ct. App. 2018).
· cites it 4× “The Supreme Court noted in Perry that prior to the enactment of N.C. Gen. Stat. § 14-71.1 in 1977, mere possession of stolen property was not a crime.”
State v. Brown, 355 S.E.2d 225 (N.C. Ct. App. 1987).
· cites it 5× “2d 491 (1981); G.S. 14-71.1. On the last element of the offense, the trial court instructed as follows: And, fifth, that the defendant possessed these two chain saws with a dishonest purpose.”
State v. Moses, 698 S.E.2d 688 (N.C. Ct. App. 2010).
· cites it 4× “However, the Perry Court then analyzed the legislative intent of the recently enacted possession of stolen goods statute, N.C. Gen. Stat. § 14-71.1 , to determine whether the Legislature intended to punish a defendant for both the common law offense of larceny and the statutory…”
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