N.C. Gen. Stat. » Chapter 99A
NC General Statutes

N.C. Gen. Stat. § 99A-2 (2026)

Recovery of damages for exceeding the scope of authorized access to property

✓ current as of July 2026
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(a) Any person who intentionally gains access to the nonpublic areas of another's premises and engages in an act that exceeds the person's authority to enter those areas is liable to the owner or operator of the premises for any damages sustained. For the purposes of this section, "nonpublic areas" shall mean those areas not accessible to or not intended to be accessed by the general public.

(b) For the purposes of this section, an act that exceeds a person's authority to enter the nonpublic areas of another's premises is any of the following:

(1) An employee who enters the nonpublic areas of an employer's premises for a reason other than a bona fide intent of seeking or holding employment or doing business with the employer and thereafter without authorization captures or removes the employer's data, paper, records, or any other documents and uses the information to breach the person's duty of loyalty to the employer.

(2) An employee who intentionally enters the nonpublic areas of an employer's premises for a reason other than a bona fide intent of seeking or holding employment or doing business with the employer and thereafter without authorization records images or sound occurring within an employer's premises and uses the recording to breach the person's duty of loyalty to the employer.

(3) Knowingly or intentionally placing on the employer's premises an unattended camera or electronic surveillance device and using that device to record images or data.

(4) Conspiring in organized retail theft, as defined in Article 16A of Chapter 14 of the General Statutes.

(5) An act that substantially interferes with the ownership or possession of real property.

(c) Any person who intentionally directs, assists, compensates, or induces another person to violate this section shall be jointly liable.

(d) A court may award to a party who prevails in an action brought pursuant to this section one or more of the following remedies:

(1) Equitable relief.

(2) Compensatory damages as otherwise allowed by State or federal law.

(3) Costs and fees, including reasonable attorneys' fees.

(4) Exemplary damages as otherwise allowed by State or federal law in the amount of five thousand dollars ($5,000) for each day, or portion thereof, that a defendant has acted in violation of subsection (a) of this section.

(e) Nothing in this section shall be construed to diminish the protections provided to employees under Article 21 of Chapter 95 or Article 14 of Chapter 126 of the General Statutes, nor may any party who is covered by these Articles be liable under this section.

(f) This section shall not apply to any governmental agency or law enforcement officer engaged in a lawful investigation of the premises or the owner or operator of the premises.

(g) Nothing in this section shall be construed to limit any other remedy available at common law or provided by the General Statutes. (2015-50, s. 1.)

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 2017–2023 · leading case: PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023).
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PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023). · cites it 16× “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
People for the Ethical Treatment of Animals, Inc. v. Stein, 259 F. Supp. 3d 369 (M.D.N.C. 2017). · cites it 16× “Laws 50 , codified at N.C. Gen. Stat. § 99A-2 (“Property Protection Act” or “Act”), which in relevant part creates a civil cause of action for a North Carolina employer against an employee who “captures or removes” documents from the employer’s premises or records images or…”
Animal Legal Def. Fund v. Reynolds, 353 F. Supp. 3d 812 (S.D. Iowa 2019). “at 372 (quoting N.C. Gen. Stat. § 99A-2(a) ). The district court in Stein found the plaintiffs lacked standing, reasoning the state was not required to enforce non-criminal laws, thus private enforcement of the law against plaintiffs was premature and speculative.”
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). · cites it 32× “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
PETA v. Josh Stein (4th Cir. 2023). · cites it 16× “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
PETA v. Josh Stein (4th Cir. 2023). · cites it 16× “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
PETA v. Joshua Stein (4th Cir. 2018). · cites it 6× “See N.C. Gen. Stat. § 99A-2 (2016). The district court dismissed Plaintiffs’ amended complaint under Federal Rule of Civil Procedure 12(b)(1), holding that Plaintiffs had failed to allege an injury-in-fact sufficient to confer standing for purposes of Article III of the United…”
Fund v. Reynolds, 385 F. Supp. 3d 840 (S.D. Iowa 2019). “2:18-cv-02657 (D. Kan.). Plaintiffs note that Attorney Chen was not named counsel on Stein , but that he consulted with the legal team and submitted an amicus curiae brief in the Fourth Circuit.”
Animal Legal Def. Fund v. Vaught (E.D. Ark. 2023). “321 4 North Carolina General Statute § 99A-2 5 People for the Ethical Treatment of Animals, Inc.”
— N.C. Gen. Stat. § 99A-2(a) — 7 cases
PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
People for the Ethical Treatment of Animals, Inc. v. Stein, 259 F. Supp. 3d 369 (M.D.N.C. 2017). “Laws 50 , codified at N.C. Gen. Stat. § 99A-2 (“Property Protection Act” or “Act”), which in relevant part creates a civil cause of action for a North Carolina employer against an employee who “captures or removes” documents from the employer’s premises or records images or…”
Animal Legal Def. Fund v. Reynolds, 353 F. Supp. 3d 812 (S.D. Iowa 2019). “at 372 (quoting N.C. Gen. Stat. § 99A-2(a) ). The district court in Stein found the plaintiffs lacked standing, reasoning the state was not required to enforce non-criminal laws, thus private enforcement of the law against plaintiffs was premature and speculative.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
— N.C. Gen. Stat. § 99A-2(b) — 3 cases
People for the Ethical Treatment of Animals, Inc. v. Stein, 259 F. Supp. 3d 369 (M.D.N.C. 2017). “Laws 50 , codified at N.C. Gen. Stat. § 99A-2 (“Property Protection Act” or “Act”), which in relevant part creates a civil cause of action for a North Carolina employer against an employee who “captures or removes” documents from the employer’s premises or records images or…”
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
PETA v. Joshua Stein (4th Cir. 2018). “See N.C. Gen. Stat. § 99A-2 (2016). The district court dismissed Plaintiffs’ amended complaint under Federal Rule of Civil Procedure 12(b)(1), holding that Plaintiffs had failed to allege an injury-in-fact sufficient to confer standing for purposes of Article III of the United…”
— N.C. Gen. Stat. § 99A-2(b)(1) — 6 cases
PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
People for the Ethical Treatment of Animals, Inc. v. Stein, 259 F. Supp. 3d 369 (M.D.N.C. 2017). “Laws 50 , codified at N.C. Gen. Stat. § 99A-2 (“Property Protection Act” or “Act”), which in relevant part creates a civil cause of action for a North Carolina employer against an employee who “captures or removes” documents from the employer’s premises or records images or…”
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
— N.C. Gen. Stat. § 99A-2(b)(2) — 4 cases
PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
— N.C. Gen. Stat. § 99A-2(b)(3) — 1 case
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
— N.C. Gen. Stat. § 99A-2(b)(5) — 4 cases
PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
— N.C. Gen. Stat. § 99A-2(c) — 6 cases
PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
People for the Ethical Treatment of Animals, Inc. v. Stein, 259 F. Supp. 3d 369 (M.D.N.C. 2017). “Laws 50 , codified at N.C. Gen. Stat. § 99A-2 (“Property Protection Act” or “Act”), which in relevant part creates a civil cause of action for a North Carolina employer against an employee who “captures or removes” documents from the employer’s premises or records images or…”
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
PETA v. Joshua Stein (4th Cir. 2018). “See N.C. Gen. Stat. § 99A-2 (2016). The district court dismissed Plaintiffs’ amended complaint under Federal Rule of Civil Procedure 12(b)(1), holding that Plaintiffs had failed to allege an injury-in-fact sufficient to confer standing for purposes of Article III of the United…”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
— N.C. Gen. Stat. § 99A-2(d) — 2 cases
People for the Ethical Treatment of Animals, Inc. v. Stein, 259 F. Supp. 3d 369 (M.D.N.C. 2017). “Laws 50 , codified at N.C. Gen. Stat. § 99A-2 (“Property Protection Act” or “Act”), which in relevant part creates a civil cause of action for a North Carolina employer against an employee who “captures or removes” documents from the employer’s premises or records images or…”
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
— N.C. Gen. Stat. § 99A-2(d)(1) — 1 case
PETA v. Joshua Stein (4th Cir. 2018). “See N.C. Gen. Stat. § 99A-2 (2016). The district court dismissed Plaintiffs’ amended complaint under Federal Rule of Civil Procedure 12(b)(1), holding that Plaintiffs had failed to allege an injury-in-fact sufficient to confer standing for purposes of Article III of the United…”
— N.C. Gen. Stat. § 99A-2(d)(2) — 1 case
People for the Ethical Treatment of Animals, Inc. v. Stein, 259 F. Supp. 3d 369 (M.D.N.C. 2017). “Laws 50 , codified at N.C. Gen. Stat. § 99A-2 (“Property Protection Act” or “Act”), which in relevant part creates a civil cause of action for a North Carolina employer against an employee who “captures or removes” documents from the employer’s premises or records images or…”
— N.C. Gen. Stat. § 99A-2(d)(4) — 1 case
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
— N.C. Gen. Stat. § 99A-2(e) — 5 cases
PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
People for the Ethical Treatment of Animals, Inc. v. Stein, 259 F. Supp. 3d 369 (M.D.N.C. 2017). “Laws 50 , codified at N.C. Gen. Stat. § 99A-2 (“Property Protection Act” or “Act”), which in relevant part creates a civil cause of action for a North Carolina employer against an employee who “captures or removes” documents from the employer’s premises or records images or…”
People for the Ethical Treatment of Animals, Inc. v. Stein (M.D.N.C. 2020). “Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
PETA v. Josh Stein (4th Cir. 2023). “” N.C. Gen. Stat. § 99A-2(a). The Act goes on to explain what actions “exceed” authority.”
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