North Carolina General Statutes 14-54.2. Breaking or entering a pharmacy
(a) Definition. – The following definitions apply to this section:
(1) Pharmacy. – A business that has a pharmacy permit under N.C. Gen. Stat. § 90-85.21
(2) Controlled substance. – As defined in N.C. Gen. Stat. § 90-87(5).
(b) Offense. – A person who breaks or enters a pharmacy with the intent to commit a larceny of a controlled substance is guilty of a Class E felony.
(c) Additional Offense. – Unless the conduct is covered under some other provision of law providing greater punishment, a person who receives or possesses any controlled substance stolen in violation of subsection (b) of this section, knowing or having reasonable grounds to believe the controlled substance was stolen, is guilty of a Class F felony.
(d) Forfeiture. – Any interest a person has acquired or maintained in property obtained in violation of this section shall be subject to forfeiture pursuant to the procedures for forfeiture as set forth in N.C. Gen. Stat. § 90-112 ?(2019-40, s. 1.)
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E felony | between 15 and 63 months | |
| Class F felony | between 10 and 41 months |
Terms Used In North Carolina General Statutes 14-54.2
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Receives: "Receives" or "receiving" means acquiring possession or control or accepting a financial transaction card as security for a loan. See North Carolina General Statutes 14-113.8