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Title 16 - Crimes and Offenses

CHAPTER 11

Offenses Against Property

ARTICLE 1

General Provisions

With respect to the crimes of burglary and arson and to all criminal offenses which are constituted or aggravated by being committed in a dwelling house, any house, outhouse, apartment, building, erection, shed or box in which there sleeps a proprietor, tenant, watchman, clerk, laborer or person who lodges there with a view to the protection of property shall be deemed a dwelling house, and of such a dwelling house or of any other dwelling house all houses, outhouses, buildings, sheds and erections which are within two hundred yards of it and are appurtenant to it or to the same establishment of which it is an appurtenance shall be deemed parcels.

HISTORY: 1962 Code Section 16-301; 1952 Code Section 16-301; 1942 Code Section 1140; 1932 Code Section 1140; Cr. C. '22 Section 34; Cr. C. '12 Section 179; Cr. C. '02 Section 146; G. S. 2483; R. S. 143; 1866 (13) 405.

SECTION 16-11-20. Making, mending or possessing tools or other implements capable of being used in crime.

It is unlawful for a person to make or mend, cause to be made or mended, or have in his possession any engine, machine, tool, false key, picklock, bit, nippers, nitroglycerine, dynamite cap, coil or fuse, steel wedge, drill, tap-pin, or other implement or thing adapted, designed, or commonly used for the commission of burglary, larceny, safecracking, or other crime, under circumstances evincing an intent to use, employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same are intended to be so used.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.

HISTORY: 1962 Code Section 16-302; 1952 Code Section 16-302; 1942 Code Section 1165; 1932 Code Section 1165; Cr. C. '22 Section 58; Cr. C. '12 Section 195; 1907 (25) 580; 1993 Act No. 184, Section 26.

SECTION 16-11-30. Possession of master keys and nonowner key sets.

(A) As used in this section:

(1) "Master key" means a key which unlocks more than one locking device.

(2) "Nonowner key sets" means a set of keys designed to open locking devices in a group of products, machines, or vehicles of a particular manufacturer, which differ in configuration from the keys issued by the manufacturer at the time of sale for the locking devices.

(B) A person who has in his possession, actual or constructive, while engaged in the commission of a crime against the person or property of another, a master key or nonowner key set as defined in subsection (A), or if a master key is used in the commission of any such offense against the laws of this State, he is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.

HISTORY: 1962 Code Section 16-303; 1968 (55) 2587; 1993 Act No. 184, Section 168.

ARTICLE 3

Arson and Other Offenses Involving Fire

(A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a building, structure, or any property specified in subsections (B) and (C), whether the property of the person or another, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of the felony of arson in the first degree and, upon conviction, must be imprisoned not less than thirty years.

(B) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a dwelling house, church or place of worship, public or private school facility, manufacturing plant or warehouse, building where business is conducted, institutional facility, or any structure designed for human occupancy including local and municipal buildings, whether the property of the person or another, is guilty of the felony of arson in the second degree and, upon conviction, must be imprisoned not less than three nor more than twenty-five years.

(C) A person commits a violation of the provisions of this subsection who wilfully and maliciously:

(1) causes an explosion, sets fire to, burns, or causes a burning which results in damage to a building or structure other than those specified in subsections (A) and (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property; or

(2) aids, counsels, or procures a burning that results in damage to a building or structure other than those specified in subsections (A) and (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property with intent to destroy or damage by explosion or fire, whether the property of the person or another.

A person who violates the provisions of this subsection is guilty of the felony of arson in the third degree and, upon conviction, must be imprisoned not more than fifteen years.

(D) For purposes of this section, "damage" means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section.

HISTORY: 1962 Code Section 16-311; 1952 Code Section 16-311; 1942 Code Section 1132; 1932 Code Section 1132; 1928 (35) 1226; 1982 Act No. 449, 1996 Act No. 356, Section 1; 1997 Act No. 113, Section 1; 2002 Act No. 224, Section 2, eff May 1, 2002; 2010 Act No. 273, Section 3, eff June 2, 2010; 2016 Act No. 154 (H.3545), Section 1, eff April 21, 2016.

Editor's Note

2002 Act No. 224, Section 5, provides as follows:

"This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date."

Effect of Amendment

2016 Act No. 154, Section 1, rewrote (A), (B), and (C).

SECTION 16-11-125. Making false claim or statement in support of claim to obtain insurance benefits for fire or explosion loss.

Any person who wilfully and knowingly presents or causes to be presented a false or fraudulent claim, or any proof in support of such claim, for the payment of a fire loss or loss caused by an explosion, upon any contract of insurance or certificate of insurance which includes benefits for such a loss, or prepares, makes, or subscribes to a false or fraudulent account, certificate, affidavit, or proof of loss, or other documents or writing, with intent that such documents may be presented or used in support of such claim, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than five years or both in the discretion of the court.

The provisions of this section are supplemental to and not in lieu of existing law relating to falsification of documents and penalties therefor.

HISTORY: 1982 Act No. 401; 1989 Act No. 148, Section 24.

SECTION 16-11-130. Burning personal property to defraud insurer.

Any person who (a) wilfully and with intent to injure or defraud an insurer sets fire to or burns or causes to be burned or (b) aids, counsels, or procures the burning of any goods, wares, merchandise, or other chattels or personal property of any kind, whether the property of himself or of another, which is at the time insured by any person against loss or damage by fire is guilty of a felony and, upon conviction, must be imprisoned for not less than one nor more than five years.

HISTORY: 1962 Code Section 16-313; 1952 Code 16-313; 1942 Code Section 1135; 1932 Code Section 1135; 1928 (35) 1226; 1989 Act No. 148, Section 25.

SECTION 16-11-140. Burning of crops, fuel or lumber.

It is unlawful for a person to (a) wilfully and maliciously set fire to or burn or cause to be burned, or (b) aid, counsel, or procure the burning of any:

(1) barracks, cock, crib, rick or stack of hay, corn, wheat, oats, barley, or other grain or vegetable product of any kind;

(2) field of standing hay or grain of any kind;

(3) pile of coal, wood, or other fuel;

(4) pile of planks, boards, posts, rails, or other lumber.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.

HISTORY: 1962 Code Section 16-314; 1952 Code Section 16-314; 1942 Code Section 1134; 1932 Code Section 1134; 1928 (35) 11993 Act No. 184, Section 91; 1997 Act No. 113, Section 2.

SECTION 16-11-150. Burning lands of another without consent.

It shall be unlawful for any person without prior written consent of the landowner or his agent to intentionally set fire to lands of another, or to intentionally cause or allow fire to spread to lands of another, whereby any woods, fields, fences or marshes of any other person are burned. Any person violating the provisions of this section shall, upon conviction, be punished as follows: (a) For the first offense, by a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both, (b) for a second or subsequent offense, by a fine of not more than five thousand dollars or imprisonment for not more than five years.

HISTORY: 1962 Code Section 16-315; 1967 (55) 265.

SECTION 16-11-160. Carrying fire on lands of another without permit.

It shall be unlawful for any person to carry a lighted torch, chunk or coals of fire in or under any mill or wooden building or over and across any of the enclosed or unenclosed lands of another person at any time without the special permit of the owner of such lands, mill or wooden building, whether any damage result therefrom or not. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to imprisonment in the county jail for a term not to exceed thirty days or to a fine not to exceed one hundred dollars.

HISTORY: 1962 Code Section 16-316; 1952 Code Section 16-316; 1942 Code Section 1181; 1932 Code Section 1181; Cr. C. '22 Section 71; Cr. C. '12 Section 216; Cr. C. '02 Section 161; R. S. 158; 1891 (20) 1045.

SECTION 16-11-170. Wilfully burning lands of another.

It is unlawful for a person to wilfully and maliciously set fire to or burn any grass, brush, or other combustible matter, causing any woods, fields, fences, or marshes of another person to be set on fire or cause the burning or fire to spread to or to be transmitted to the lands of another, or to aid or assist in such conduct.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. A person convicted under this section is liable to any person who may have sustained damage.

HISTORY: 1962 Code Section 16-317; 1952 Code Section 16-317; 1942 Code Section 1208; 1932 Code Section 1208; Cr. C. '22 Section 96; Cr. C. '12 Section 215; Cr. C. '02 Section 160; G. S. 2497; R. S. 157; 1787 (5) 125; 1857 (12) 617; 1891 (20) 1195; 1919 (31) 59; 1940 (41) 1820; 1956 (49) 1609; 1960 (51) 1602; 1993 Act No. 184, Section 27.

SECTION 16-11-180. Negligently allowing fire to spread to lands or property of another.

Any person who carelessly or negligently sets fire to or burns any grass, brush, leaves, or other combustible matter on any lands so as to cause or allow fire to spread or to be transmitted to the lands or property of another, or to burn or injure the lands or property of another, or who causes the burning to be done or who aids or assists in the burning, is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than five days nor more than thirty days or be fined not less than twenty-five dollars nor more than two hundred dollars. For a second or subsequent offense the sentence must be imprisonment for not less than thirty days nor more than one year, or a fine of not less than one hundred dollars nor more than five hundred dollars, or both, in the discretion of the court.

HISTORY: 1962 Code Section 16-318; 1952 Code Section 16-318; 1942 Code Section 1208-1; 1940 (41) 1820; 1958 (50) 1596; 1987 Act No. 113 Section 1.

SECTION 16-11-190. Attempts to burn.

It is unlawful for a person to wilfully and maliciously attempt to set fire to, burn, or aid, counsel, or procure the burning of any of the buildings or property mentioned in Sections 16-11-110 to 16-11-140 or commit an act in furtherance of burning these buildings.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars.

HISTORY: 1962 Code Sections 16-319; 1952 Code Section 16-319; 1942 Code Section 1136; 1932 Code Section 1136; 1928 (35) 1226; 1982 Act No. 449, Section 2; 1993 Act No. 184, Section 169.

SECTION 16-11-200. Placing or distributing combustible materials and the like in buildings and property as constituting attempt.

The placing or distributing of any inflammable, explosive or combustible materials or substance or any device in any building or property mentioned in Sections 16-11-110 to 16-11-140 in an arrangement or preparation with intent eventually wilfully and maliciously to set fire to or burn the same or to procure the setting fire to or burning of the same shall for the purposes of Section 16-11-190 constitute an attempt to burn such building or property.

HISTORY: 1962 Code Section 16-320; 1952 Code Section 16-320; 1942 Code Section 1137; 1932 Code Section 1137; 1928 (35) 1226.

ARTICLE 5

Burglary, Housebreaking, Robbery and the Like

For purposes of Sections 16-11-311 through 16-11-313:

(1) "Building" means any structure, vehicle, watercraft, or aircraft:

(a) Where any person lodges or lives; or

(b) Where people assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is deemed both a separate building in itself and a part of the main building.

(2) "Dwelling" means its definition found in Section 16-11-10 and also means the living quarters of a building which is used or normally used for sleeping, living, or lodging by a person.

(3) "Enters a building without consent" means:

(a) To enter a building without the consent of the person in lawful possession; or

(b) To enter a building by using deception, artifice, trick, or misrepresentation to gain consent to enter from the person in lawful possession.

HISTORY: 1962 Code Section 16-331; 1952 Code Section 16-331; 1942 Code Section 1138; 1932 Code Section 1138; Cr. C. '22 Section 32; Cr. C. '12 Section 177; Cr. C. '02 Section 144; G. S. 2481; R. S. 141; 1883 (18) 290; 1985 Act No. 159, Section 1.

SECTION 16-11-311. Burglary; first degree.

(A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either:

(1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:

(a) is armed with a deadly weapon or explosive; or

(b) causes physical injury to a person who is not a participant in the crime; or

(c) uses or threatens the use of a dangerous instrument; or

(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or

(3) the entering or remaining occurs in the nighttime.

(B) Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, "life" means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years.

HISTORY: 1985 Act No. 159, Section 2; 1995 Act No. 83, Section 17.

SECTION 16-11-312. Burglary; second degree.

(A) A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.

(B) A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:

(1) When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:

(a) Is armed with a deadly weapon or explosive; or

(b) Causes physical injury to any person who is not a participant in the crime; or

(c) Uses or threatens the use of a dangerous instrument; or

(d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or

(3) The entering or remaining occurs in the nighttime.

(C)(1) Burglary in the second degree pursuant to subsection (A) is a felony punishable by imprisonment for not more than ten years.

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Code of Laws - Title 16 - Chapter 11 - Offenses Against ...

Miami Herald

'Stand Your Ground' change passes in late session compromise Miami Herald A change to the state's Stand Your Ground self-defense law is heading to Gov. Rick Scott after the Senate agreed late Friday to go along with a House proposal. The House and Senate both wanted to change the law but had clashed on a legal issue in the ... Change in Florida's 'stand your ground' law heading to Gov. Scott's deskWFTV Orlando Florida House, Senate still at odds in 'stand your ground' disputeOrlando Weekly (blog) Florida's 'stand your ground' law: The battle to change the burden of proofActionNewsJax.com Orlando Sentinel all 232 news articles »

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'Stand Your Ground' change passes in late session compromise - Miami Herald

A change to the state's stand your ground self-defense law is heading to Gov. Rick Scott after the Senate agreed lateFridayto go along with a House proposal.

The House and Senate both wanted to change the law but had clashed on a legal issue in the bill (SB 128).

But with time running out in the legislative sessionFriday, the Senate voted 22-14 with Tallahassee Democrat Bill Montford joining Republicans in support to accept the House proposal.

The move came in exchange for getting the House to accept the Senate's more far-reaching language on a separate measure (SB 436) dealing with religious expression in public schools.

I thought that it was a reasonable resolution to both matters, and they're both constitutional issues, said Sen. Rob Bradley, a Fleming Island Republican who sponsored the stand your ground bill. And we wrapped it all up in a bow, and we resolved them both in a satisfactory manner.

The overall issue stems from a Florida Supreme Court ruling in 2015 that said defendants have the burden of proof to show they should be shielded from prosecution under the "stand your ground" law.

In "stand your ground" cases, pretrial evidentiary hearings are held to determine whether defendants should be immune from prosecution.

While the House and Senate broadly supported the idea of shifting the burden of proof from defendants to prosecutors in the pre-trial hearings, they differed on a legal standard.

The House proposal said prosecutors in pre-trial stand your ground hearings would have to overcome the asserted immunity sought by defendants through "clear and convincing evidence." The Senate fought for a higher standard of proof, known as "beyond a reasonable doubt.

The two chambers needed to reach agreement byFriday, the final scheduled day of the annual legislative session. Lawmakers will meet againMondayto vote on budget-related issues but will not take up other matters.

In the end, , the Senate agreed to go along with the clear and convincing evidence standard.

Proponents of the bill, which had support from groups such as the National Rifle Association, said shifting the burden of proof would better protect the rights of defendants. But critics argued, in part, that the change would lead to cases ending before all the facts are revealed.

Sen. Jose Javier Rodriguez, D-Miami, saidFridaythe House version didn't alleviate his concerns about the bill.

If you talk to prosecutors, they're already gearing up just in case we pass this bill to expend significant amount of resources, in literally every single case where there is violent activity, where they (defendants) can raise this at the pre-trial stage and force the prosecutors to basically put on a trial at the pre-trial stage, Rodriguez said.

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`Stand Your Ground' Change Heads To Governor - WLRN

Network managers have groaned for years that their high-priced technical people are chained to mundane tasks required to manually configure and manage switches, routers and other network components.

Enter a new era where software and automation take center stage.

While the industry has promised change through software-based networking for many years, 2017 just may be the year it finally happens on a broader scale.

Gartner networking research vice president Andrew Lerner said software's ascendancy should come as no surprise. Network switches have always been packed with software -- it's just that the industry grew comfortable viewing its products as hardware.

The big sticking point for years was that too much of the work configuring network components was manual and time-consuming, a cumbersome process that called for software-based networking innovation.

"What we're seeing now is a move away from manual and noncentralized networking to a more automated and centralized network management," Lerner said. "And the automation and centralization of policies is just much better done in software."

In the past, networking shops have spent 80% of their time just keeping the lights on. Seth Pricesenior network engineer, Durham County, N.C.

Automating tasks and allowing IT staffers to be more productive were among the prime reasons why Durham County, N.C., moved to exploit the software that underpins Cisco's Application Centric Infrastructure (ACI). The government agency is in the midst of a network infrastructure upgrade that will enable it to rely far more on software and automation and less on manual configuration.

In the past, networking shops have spent 80% of their time just "keeping the lights on," said Seth Price, the county's senior network engineer. By deploying Cisco's Application Policy Infrastructure Controller (APIC) and Cisco's enterprise module, APIC-EM, Price said the county's IT staff can reverse the equation and spend 80% of its time on innovation.

The county plans to use APIC to not only automate data center router and switch configurations, but to use APIC-EM -- in conjunction with Cisco Stealthwatch and Identity Services Engine (ISE) -- to create a proactive security posture where malware can be automatically detected, contained and remediated.

Durham County began rolling out APIC last July and recently got to the point where the controller software is fully up and running. Now, the county is focusing on getting APIC-EM deployed, which Price said should pay huge dividends because the software will be used across 40 county facilities connected to the enterprise network.

Here's what Price envisions after integrating APIC-EM with Stealthwatch and ISE: In the event that malware is detected on an endpoint device, Stealthwatch will automatically connect to Cisco ISE, which stores all of the county's network policies. ISE will notify both APIC and APIC-EM that the device in question can only talk to a remediation server. If the malware can be removed, the device would be allowed back on the network. If it can't, the software automatically reimages the device.

"If I had to do all of that by hand, the damage would be done and the bad guys would be long gone," Price said. "Here in Durham County, we have a small staff. I'm in charge of the network, but I'm also responsible for security. We need technologies that will help us do more with less or with the same amount of people."

APIC-EM also has a feature that lets network managers automatically assign bandwidth policies.

Price said the feature, EasyQoS (Easy Quality of Service), eliminates nearly all the manual configuration tasks required to manage bandwidth. He said when a top manager or the CIO has an important video conference, for example, he uses EasyQoS to give full priority to the video conference for the duration of the presentation.

"Once the call is over, the system automatically removes that QoS policy," Price said. "This serves an important function for network managers because, in the past, a lot of policies would be built, and people would forget to take them down."

Now, our network engineers can spend more of their time doing other projects with new technologies. Brian McEvoysenior global network engineer, Symantec

At Symantec, two Cisco applications -- APIC-EM and EasyQoS -- allowed the company to streamline policy updates throughout its offices worldwide, said Brian McEvoy, senior global network engineer. In the past, before Symantec deployed the software, two engineers would work for six months to hand-configure policy updates for about 100 company offices, a task that resulted in about $200,000 in execution update costs alone.

Symantec is also using software to set policies for its IWAN, or Intelligent WAN, wide area network infrastructure rather than manual coding.

"This technology totally transforms the IT operation," McEvoy said. "Now, our network engineers can spend more of their time doing other projects with new technologies."

Software-based networking can transform organizations in ways management would never have thought possible.

J. Todd Watkins, director of technology and innovation at Eufaula City Schools in Eufaula, Ala., said once officials deployed a new wireless system based on Extreme Networks' wireless access points, management software and analytics engine at the district's middle school, technology usage skyrocketed.

"When teachers have zero confidence in the technology, they won't use it," Watkins said, explaining that the old network had poor connectivity and required manual configuration. "Now, confidence in our new learning management system at the middle school is way up."

Extreme's Management Center software lets the district automate policy updates. Now, every new request for service can be addressed more quickly, and the district can prioritize bandwidth based on its needs.

"When the district runs standardized tests, we can change the class of service to a higher level of priority for that day," Watkins said. "We also have visibility we didn't have in the past. If a wireless client can't get on the network, it will tell us if it's the access point, the switch or an uplink port that's the problem."

Plans are in the works to add Extreme's technology to the high school and the district's two elementary schools this summer.

Change automation is altering face of networking

Exploiting software to automate tasks

Using DevOps for network testing

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Time for software-based networking to free up network managers - TechTarget

Application deadline is May 15

Nonprofits needing free help with their websites, web-based applications and software solutions are invited to apply to the Eighth Annual Cleveland GiveCamp.

GiveCamp is a weekend-long event July 21 through 23 that pairs technology talent with area nonprofits. Over the course of a weekend, technology professionals, developers, designers, database administrators, marketing professionals and others donate their time to help area nonprofit organizations with a wide range of projects, including developing websites, mobile apps and more.

A list of requirements and online application may be found at http://www.clevelandgivecamp.org/nonprofits. Deadline is May 15.

Nonprofits must provide proof of their 501(c)(3) status (IRS Determination letter), upload a copy of their most recent IRS Form 990 and have representatives present the weekend of the event. For more info, email info@clevelandgivecamp.org.

GiveCamp is an international initiative started in 2007 to bring together technology talent to help local nonprofits in need. Cleveland GiveCamp is one of the largest events in the country. Since its inception, our local our volunteers have donated nearly $4 million of free development work to more than 250 regional nonprofits.

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Nonprofits needing free help with their websites, web-based applications and software solutions are invited to ... - Akronist