NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 664

SENATE BILL 396

 

 

AN ACT TO INCREASE THE PUNISHMENT FOR STEALING HORSES, MULES, SWINE, AND CATTLE.

 

The General Assembly of North Carolina enacts:

 

Section 1. G.S. 14-81 is rewritten to read:

"§ 14-81. Larceny of horses, mules, swine, and cattle. - (a) Larceny of horses, mules, swine, or cattle is a felony punishable by imprisonment for up to 10 years, a fine, or both.

(b)        In sentencing a person convicted of violating this section, the judge shall, as a minimum punishment, place a person on probation subject to the following conditions:

(1)        a person must make restitution for the damage or loss caused by the larceny of the livestock, and

(2)        a person must pay a fine of not less than the amount of the damages or loss caused by the larceny of the livestock.

(c)        No provision in this section shall limit the authority of the judge to sentence the person convicted of violating this section to an active sentence."

Sec. 2. Chapter 1316 of the 1979 Session Laws (1980 Session) is amended by adding a new section to read:

"Sec. 11.5. G.S. 14-81 is rewritten to read:

'§ 14-81. Larceny of horses, mules, swine, and cattle. - (a) Larceny of horses, mules, swine, or cattle is a Class H Felony.

(b)        In sentencing a person convicted of violating this section, the judge shall, as a minimum punishment, place a person on probation subject to the following conditions:

(1)        a person must make restitution for the damage or loss caused by the larceny of the livestock, and

(2)        a person must pay a fine of not less than the amount of the damages or loss caused by the larceny of the livestock.

(c)        No provision in this section shall limit the authority of the judge to sentence the person convicted of violating this section to an active sentence.'"

Sec. 3. This act shall become effective October 1, 1981.

In the General Assembly read three times and ratified, this the 24th day of June, 1981.