Agenda - 03-04-1991 - Laserfiche WebLink

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14- 159.10 CH. 14. CRIMINAL LAW 5 14 -160 § 14- 159.10. Enforcement of Article by peace offi- cers; wildlife protectors authorized to execute process. This Article may be enforced by deputy sheriffs and other peace officers with general subject matter jurisdiction. Law- enforcement officers of the North Carolina Wildlife Resources Commission may execute process issued by the court for violations of this Article. (1979, c. 830, s. 11.) ARTICLE 23. Trespasses to Personal Property. § 14 -160. Willful and wanton injury to personal property; punishments. (a) If any person shall wantonly and willfully injure the personal property of another he shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), imprison- ment for not more than six months or both. (b) Notwithstanding the provisions of subsection (a), if any per- son shall wantonly and willfully injure the personal property of another, causing damage in an amount in excess of two hundred dollars ($200.00), he shall be guilty of a misdemeanor punishable as provided in G.S. 14 -3(a). (c) This section applies to injuries to personal property without regard to whether the property is destroyed or not. (1876 -7, c. 18; Code, s. 1082; 1885, c. 53; Rev., s. 3676; C.S., s. 4331; 1969, c. 1224, s. 14.) Cross References. — As to definition of personal property, see § 12.3, subdivi- sion (6). As to malicious or willful injury to hired personal property, see § 14 -165. As to prosecution for perjury based upon acquittal in former prosecution under this section, see note to § 14.209. CASE NOTES Elements Generally. — Proof of four elements appears essential to sustain an adjudication of delinquency based upon violation of this section: (1) that per- sonal property was injured; (2) that the personal property was that "of another," i.e., someone other than the person or persons accused; (3) that the injury was inflicted "wantonly and willfully "; and (4) that the injury was inflicted by the person or persons accused. In re Meaut, 51 N.C. App. 153, 275 SX.2d 200 (1981). This section was designed to avoid the element of malicious ill will re- quired by the common-law 'crime of ma- licious mischief. State 1•. Cannady, 18 N.C. App. 213, 196 S.E.2d 617 (1973), afl`d, 22 N.C, App. 53, 205 S.E.2d 358 i 1974). Thus, Malice Need Not Be Charged Under This Section. This section was not intended to supersede the com- mon law as to malicious mischief, and though malice must be charged at com- mon law it is not necessary under this section. State v. Martin, 141 N.C. 832, 53 S.E. 874 (1906). It is not necessary to allege or prove any malice to the owner of personal property on the part of one who wan- tonly and willfully injures it nor is it material whether the property was de- 511 t i r�