Legal Question in Real Estate Law in North Carolina

If I was with someone who stole but did not actually commit the theft, does N.C. G.S. Sec. 1-538.2 apply to me? Property that the other person attempted to steal was returned on the spot with no damages and store loss prevention stated that no further actions would be taken. Also is there a statute of limitations for how long the "victim"(the store) has to pursue said civil action?


Asked on 12/06/12, 4:46 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

This sounds more like a criminal law question but it also sounds like you are concerned the store owner may sue or has sued in civil court. It sounds like your friend engaged in larceny. Larceny does not require that your friend leave the store with the merchandise. It only requires that he/she conceal the item(s) with the intent at the time to take them without paying...it doesn't require the act to be completed.

A criminal act has occured, even if the items were retruned before leaving. As for you: you cited a very archaic law that is very seldom used. The store owner could always argue that you attempted to assist your friend, in which case you could be liable. In any event a lawsuit is unlikley because the store owner got the items back and a lawsuit would be very expensive compared to any recovery he could get.

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Answered on 12/07/12, 2:50 am


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