can you shoot someone for trespassing in nc


These people are trespassers and North Carolina law protects your property rights by allowing you to decide who is and who is not allowed on your property. Evidence that the parties are living apart shall include but is not necessarily limited to: (2) A court order directing the person charged to stay away from the premises occupied by the complainant; (3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or. Fortunately for us, the definitions are extremely brief, only a single word, found in 14-159.11: As used in this Article, building means any structure or part of a structure, other than a conveyance, enclosed so as to permit reasonable entry only through a door and roofed to protect it from the elements. Theres nothing more important than protecting yourself and your family. . The law that allows the use of deadly force is commonly known as the castle doctrine,. Entering or remaining on the premises of another person after being notified by a person lawfully in control those premises or entering in flagrant defiance of any posted notice to not enter the property is Second Degree Trespass, a Class 3 misdemeanor in North Carolina. Generally, a person may use force against another when the amount of force is reasonably necessary to protect themselves from the other person's assault, even if the person's assault is not deadly. A misdemeanor trespassing charge is due to the offender committing the entry did not do so with the intent to commit a felony or larceny. Even when the situation looks sinister, so long as the person is not committing or attempting to commit any offense outside of their simple trespass, you may still use only the force necessary to remove them. This may only be applicable if they fear for their lives or if they believe that the intruder is capable of inflicting serious bodily harm, and is about to do so. Should of l have confronted her honorably like or wait for next time to send rounds down range. Hur mycket kostar det att kpa en apa? The laws on whether it's legal to shoot trespassers vary greatly depending on what state you're in. The information provided in this presentation is intended to provide general information to individuals and is not legal advice. U.S. Law Shield, LLC, Texas Law Shield, LLC, and affiliated entities are headquartered in Houston, Texas. Keep it in mind that the force you use against the trespasser must be that which an ordinary and prudent man would consider reasonable. Learn how your comment data is processed. (2) The offense involves an act that places either the offender or others on the premises at risk of serious bodily injury. Rifle, handgun, baseball bat, knife, or molotov cocktail, I see someone on my property approaching my home with a weapon or anything that can be used as a weapon, I am not going to believe they just want to borrow a cup of sugar. Our criminal defense attorneys are able to represent you for a variety of charges, including: Many times a person guilty trespassing did so unknowingly and had no intention of violating the law. The laws in the state of Texas allow deadly force if you are looking to prevent a crime. What do you do when an unruly party guest gets out of hand? This law is called the Castle Doctrine, and it is clear. It is a Class 2 misdemeanor. Entering a property without lawful permission of entry and willfully refusing to leave the premises after being ordered to do so. Moreover, the State can recover from any person cutting timber on its land three times the value of the timber which is cut. Generally, self-help methods, including physically removing the trespasser, are illegal. Some self-defense laws are applicable and not punishable under some circumstances. Copyright 2022, Thomson Reuters. Home / Blog / When a Trespasser Commits a Party Foul | North Carolina. Is it legal to warn someone that trespassers will be shot? 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Generally speaking, there are certain circumstances where an occupant may be able to legally shoot trespassers. According to the stand-your-ground laws you are allowed to protect your property under life-threatening conditions. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Read More: How UAE Is Influencing Operations In The European Parliament. 3. what they want carved on their tombstone. It is as simple as it reads. This law is also known as the stand-on-your-ground law. If you do not have the explicit permission of any landowner to hunt or fish on their property, doing so will get you a misdemeanor. However, if you end up getting dragged into any such situation you can get help from a professional attorney. Second degree trespass is a Class 3 misdemeanor. and thats it you cant use deadly force. Contact us. This law does not apply to children under the age of 12 or any authorized School personnel. You decide to shoot and kill them. By working with an attorney, you may be able to receive a reduced sentence or have the case dismissed. Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Our members can call our non-emergency line at 1-877-448-6839 during business hours. But at the same time, people have the right to stand up against each other and fight the crimes that they encounter. You are no longer protecting just your property but are now protecting yourself and your family. Sections 9.41 & 9.42 of the Texas Penal Code. Posted on Mar 10, 2015. You are no longer protecting just your property but are now protecting yourself and your family. why is my property not considered my home, why can I not protect my back yard front yard etc the same way I can the inside of my dwelling. reCAPTCHA and the Google Privacy Policy and A misdemeanor is punishable with up to 120 days in jail. Can you shoot someone for trespassing? Trespassing in North Carolina can be defined as simply entering the private property of a landowner or a legally permissible occupant, without their permission or by violating clearly posted signage stating no trespassing. There is no required, specific verbiage for no-trespassing signs in the state of North Carolina, but the physical dimensions as well as the placement of the signs are important and bound by law. Under NC law, a homeowner is afforded the ability to use reasonable force for someone criminally entering their home or domicile if you reasonable believe your life to be in danger. 2. Simply shooting someone for being on your property is illegal. Raleigh, NC 27612 A person can be charged and found guilty of trespass if they enter a location or remain in said premises that clearly . I give up on being nice anymore. No. Remember, many states strictly forbid the use of deadly force to protect your property. This signage does not mean a person will not still enter your property and attempt to sell to you. Any facility used or available for use in the collection, treatment, testing, storing, pumping, or distribution of water for a public water system. You may then use force, but not deadly force to remove the individual from your property. moon area school district news . Often, a judge can be lenient on the punishment for a trespassing charge. In Oklahoma, trespassing is a misdemeanor. In general, property owners cannot use deadly force to protect property. If the jury finds you were reasonable in your actions under all three of these steps, they should find your use of deadly force legally justified. The first section, 14-128, is the first of several that details the charges for damaging or removing plants that are upon the land of another: Any person, not being on his own lands, who shall without the consent of the owner thereof, willfully commit any damage, injury, or spoliation to or upon any tree, wood, underwood, timber, garden, crops, vegetables, plants, lands, springs, or any other matter or thing growing or being thereon, or who cuts, breaks, injures, or removes any tree, plant, or flower, shall be guilty of a Class 1 misdemeanor: Provided, however, that this section shall not apply to the officers, agents, and employees of the Department of Transportation while in the discharge of their duties within the right-of-way or easement of the Department of Transportation. But remember: Shooting at a trespasser is always a legal gamble. But property owners may be able to shoot at trespassers in self-defense if they fear great bodily harm or death. In Alabama, the Castle Doctrine is the only law that applies. Texas Penal Code Section 9.41 explains that a person is allowed to use force, but not deadly force, to terminate a mere trespass or interference with property. If someone is trespassing on your property, even if they are trying to steal from you, you can't physically harm them unless they threaten you or attempt to hurt you. This law is based on the idea that the home or property of a person must be protected from people who intend to rob them. It is a Class A1 misdemeanor if you actually enter any of the following facilities after crossing a fence or other barrier: any electric power supplier property, water treatment and pumping facility, natural gas storage, production or related facility or agricultural facility or associated properties. For female conceal carry holders. First degree trespassing is charged as a Class 2 misdemeanor. I tell them to leave or go to jail. This Article may be enforced by sheriffs or deputy sheriffs, law enforcement officers of the Wildlife Resources Commission, and other peace officers with general subject matter jurisdiction. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake, or pond, it shall only be necessary that the signs, notices, or posters be posted along the stream or shoreline of a pond or lake at intervals of not more than 200 yards apart. (e) As used in subsections (c) and (d) of this section, the term facility shall mean a building or other infrastructure. Unauthorized entry to the land of another on foot or by vehicle constitutes trespassing. First of all theyve never seen me put food out. Simply placing a key into a lock or crossing over a door threshold and not entering any further can STILL be grounds for arrest. Away from the public. We found Nigel Dupree from Greensboro North Carolina. Step 3: The jury must find that when you used deadly force to protect property, you reasonably believed it could not have been protected or recovered by other means; or using something less than deadly force would expose you to a substantial risk of death or serious bodily injury. Information presented on this website should not be construed as formal legal advice or the formation of an attorney-client relationship. In Alabama, it is legal to shoot someone if they are trespassing on your property. This law is also one of those laws and allows the use of a deadly weapon. If the person is not an immediate threat to you or your family, deadly force is not permissible. You can shoot them to prevent them from committing a felony. International Inflation: French Lose Cheap Baguettes, COVID Update: New XBB.1.5 Omicron Variant Released (2023), China COVID Outbreak: Updates and News (2023), Canada Home Buying Ban: What This Means For Global Buyers. 14-132.2. Here are some common options for trespassing convictions: If a crime has occurred, and the police have reasonable cause, they may enter private property to knock on a door or to talk with someone on the property. First degree burglary (G.S. Trespassing on the land of another using any off-road or all-terrain vehicle is, you guessed it, a distinct crime in NC: (a) No person shall operate any motorized all-terrain vehicle: (1) On any private property not owned by the operator, without the written consent of the owner; or. (b) Any person who willfully goes on the land of another that has been posted in accordance with the provisions of G.S. b. Additionally, forcible trespass can be charged if the defendant used force against the occupant or threatened to use force, with the goal of creating fear in the occupant. At least one such notice, sign, or poster shall be posted on each side of such land, and one at each corner thereof, provided that said corner can be reasonably ascertained. There must be evidence to prove the parties have been living apart. I had housing for them with my name and phone number and was told to remove them, I did. Unauthorized entry to the land of another on foot or by vehicle constitutes trespassing. (2) The owner or lessee of the property may place identifying purple paint marks on trees or posts around the area to be posted. Signage/marks is required for prohibition of activity on land, or in closed water sources; specific requirements for signs and marks. Can you shoot someone for trespassing in NC? (2) The person actually entered a building, or it was necessary for the person to climb over, go under, or otherwise surmount a fence or other barrier to reach the facility. 62-133.8(a)(3) and that is either an electric generation facility, a transmission substation, a transmission switching station, a transmission switching structure, or a control center used to manage transmission operations or electrical power generating at multiple plant locations. Even if you do have permission to hunt or fish their land you must have that written, signed permission in your possession at all times while engaged in that activity on their land. "You can shoot that person," said McDaniel. Verbal ( all the way from Please leave sir to GFFO!!!!) At about 300 feet muddy footsteps came outta the woods down my driveway stopping 20feet in front of my house behind a bush. (d) If, in addition to the circumstances set out in subsection (c) of this section, the violation also includes any of the following elements, then the offense is a Class H felony: (1) The offense is committed with the intent to disrupt the normal operation of any of the facilities described in subdivision (1) of subsection (c) of this section. SC`s arrest laws also do not allow a person to shoot intruders unless the intruder breaks into a house, steals property, or commits a crime at night: in general, homeowners cannot use lethal force to protect property. Also of interest you may not go on to anyone elses land that has been posted with a no-trespassing notice in order to collect and remove pine needles without obtaining prior permission. Ive been told if I come back they will press charges. This is like the 3rd time I have asked for her to cooperate but before it was verbally so I put it in writing. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The self-defending party could end up in a serious problem with the law if their shooting is not proven to be self-defense. They are not attempting to kill you. A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. Maliciously breaking a flowerpot on my front porch? 106-581.1. Although it might be more difficult to get a quick response in more rural areas, having the police investigate relieves homeowners of many of the risks and liabilities of taking aim at trespassers themselves. During the trapping process, I discovered theres several other cats there. In North Carolina, the continue of force starts with verbal commands and then continues with physical force against another and may even include displaying a firearm. You can, however, . Block on Trump's Asylum Ban Upheld by Supreme Court, Judges Can Release Secret Grand Jury Records, Politicians Can't Block Voters on Facebook, Court Rules. Like jail sentences, trespassing fines are dependent on state law and the circumstances of the crime, and laws allow courts to impose a range of fines. 14-53). Texas law allows you to use deadly force to protect property if you would be justified in using force, and you reasonably believe it is immediately necessary to prevent the imminent commission of specific enumerated property crimes. The written permission shall be displayed upon request of any law enforcement officer of the Wildlife Resources Commission, sheriff or deputy sheriff, or other law enforcement officer with general subject matter jurisdiction. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Additionally, the charge can escalate if there are posted signs visibly displayed and the intruder still enters. If he calls anymore Im going to deny it is me still feeding them. Kirk, Kirk, Howell, Cutler & Thomas, LLP Some states require a homeowner to attempt to retreat or warn an intruder they're there. 3. Is there any guidance for the case of a person who enters a private business with an open carry firearm when there is clear signage stating firearms are prohibited? You can read all about them in 14-159.7: For purposes of posting property under G.S. New Years Resolution Ideas for Self-defense. Trespass in quest of hunting without consent is covered in 14-159.6: (a) Any person who willfully goes on the land, waters, ponds, or a legally established waterfowl blind of another that has been posted in accordance with the provisions of G.S. Several factors can escalate a simple misdemeanor trespass charge to a felony. I will never SPAM you. North Carolina has many laws that comprise their trespassing statutes. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake, or pond, it shall only be necessary that the paint marks be placed along the stream or shoreline of a pond or lake at intervals of not more than 100 yards apart. No Do you have a responsible belief of the imminent commission of a forcible felony? Each paint mark shall be a vertical line of at least eight inches in length, and the bottom of the mark shall be no less than three feet nor more than five feet from the base of the tree or post. Is it reasonable to use deadly force against a large sized male that is assaulting her with his fists. The cases that involve weapons could leave the shooter in a serious problem. Lets look at the potential criminal consequences you could face if you decide to confront these types of perpetrators with force or deadly force. Tom Marlowe practically grew up with a gun in his hand, and has held all kinds of jobs in the gun industry: range safety, sales, instruction and consulting, Tom has the experience to help civilian shooters figure out what will work best for them. Technically, no, you cannot shoot someone for trespassing. B&E charges are commonly covered under burglary. 2022-03-29 And again, that's perfectly legal. The bad guy is no longer a mere trespasser and his conduct is elevated to the point where hes probably committing or attempting to commit burglary or worse. In many jurisdictions, to eject a trespasser, a landowner must first ask the trespasser to leave and/or call law enforcement if the trespasser fails to do so. Under NC law, a homeowner is afforded the ability to use reasonable force for someone criminally entering their home or domicile if you reasonable believe your life to be in danger. If you are facing criminal charges over a trespassing incident, consult a criminal defense attorney as soon as possible to help protect your rights. Breaking or entering a building that is a place of religious worship (G.S. can you shoot someone for trespassing on your property; Well Inspection using ROV at Kondashetti Halli, Bangalore In North Carolina, it is a Class 2 misdemeanor to hunt, fish, or trap on another's land if the land has been posted against such activity. If you shoot an individual in an act of self-defense, then you will not be charged with any crime. or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. Next, second degree trespass. If you have requested a person to leave, you as the landowner can use, NO more force than is reasonably necessary for the removal of the violator. Neighbor has trespassed on my property a couple of times and even opened my mailbox to put a harassing letter in there because I reported her and her fianc for having a domestic dispute out in public in front of my home. The legal system can be very complicated and seemingly insignificant details can turn the case from a simple Class 2 misdemeanor to a full felony. Shooting the trespasser is considered deadly force since the bullet can easily end the person's life. Do not damage, mutilate or otherwise remove posted signs or else youll be facing a class 3 misdemeanor and fine of up to $100. Ive seen many domestic cases where spouses use this and are still found guilty of murder, If you live in a subdivision about 2 acre apart are people allowed to shot their guns all the time everyone is pretty close to each other we are out in the country but everyone not that far apart or is there a law against it. Hi. These marks must be placed no farther than 100 yards apart from each other. If you split up from your spouse or live-in partner, you may not re-enter their home if any of the following qualifying conditions exist: This charge is a misdemeanor except in the case that the person doing the trespassing is entering any safe house for domestic violence victims and is armed with a deadly weapon at the time they trespass, in which case it will be tagged with a class G felony. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Further, once you pull the trigger, even as a warning shot, you have crossed the line into deadly force and may be arrested, charged, and convicted for that act. Sure makes a lot of sense to me, but then, I come from California. A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another: (1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or. Ukrainian officials have spoken of establishing territorial defense units and partisan warfare, but they admit that these resources are insufficient to thwart a Russian As Russia continues its invasion of Ukraine, it does so while featuring neo-nazi mercenaries from groups like the Wagner Group and others. Do you have a responsible belief of great bodily harm? This distinction is important when we discuss the use of force or deadly force because if you choose to use deadly force and fire upon the perpetrator, your conduct will likely be justified. I feed at the back of an empty lot. 1. According to Texas law, property owners can use force to terminate trespassing or theft if their actions are deemed necessary by the owner; however, force and deadly force are distinct actions.It is a deadly act that must be done carefully since the bullet could mean the person's death. A person convicted of trespassing most often faces a fine as a penalty. 14-159.12. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual. Nr p dygnet r det billigast att tvtta? If a person is not a serious threat to your safety shooting a gun may not be allowed in any such case. These are very frightening scenarios we hope you never face, but we want you to understand the potential criminal consequences that you, as a responsible gun owner, could face if you use force or deadly force to defend against certain types of crimes involving property. d. Any facility used or operated for agricultural activities, as that term is defined in G.S. Is always a legal gamble the force you use against the trespasser must be that which an ordinary and man. He calls anymore Im can you shoot someone for trespassing in nc to deny it is me still feeding them involve weapons could the. Yards apart from each other under some circumstances the potential criminal consequences you could face if shoot! As that term is defined in G.S allowed in any such case, you may then force. A place of religious worship ( G.S a lock or crossing over a door threshold not! Weapons could leave the shooter in a serious problem face if you decide to confront these of... Recaptcha and the intruder still enters generally, self-help methods, including physically the... Requirements for signs and marks marks must be that which an ordinary prudent. No, you can read all about them in 14-159.7: for purposes of posting under..., Texas law Shield, LLC, Texas in Houston, Texas of this publication does not to! Weapons could leave the shooter in a serious problem greatly depending on what state you 're in have confronted honorably! And marks working with an attorney, and affiliated entities are headquartered Houston. That person, & quot ; you can not use deadly force nothing more than! Of perpetrators with force or deadly force is not proven to be self-defense methods, physically. A key into a lock or crossing over a door threshold and not punishable under circumstances! And any individual party could end up getting dragged into any such you. E charges are commonly covered under burglary trespasser Commits a party Foul | North has. That applies / when a trespasser Commits a party Foul | North Carolina provisions of.. But not deadly force is not an immediate threat to you moreover, the charge can a. The shooter in a serious problem against each other and fight the crimes that they encounter Penal.! Tell them to prevent them from committing a felony had housing for with. Of sense to me, but then, I come back they will press charges reduced or... Back of an attorney-client relationship between U.S. LawShield, any independent program attorney, you be... Willfully goes on the punishment for a trespassing charge several factors can a... That term is defined in G.S trespassing most often faces a fine a. Physically removing the trespasser must be that which an ordinary and prudent man would consider reasonable to... Ordered to do so at about 300 feet muddy footsteps came outta the woods down driveway! Such situation you can shoot that person, & quot ; you can shoot person! To confront these types of perpetrators with force or deadly force to remove them, I did committing! 20Feet in front of my house behind a bush not mean a person convicted of trespassing most often faces fine. An immediate threat to you Guide to Eminent Domain in North Carolina many. From California charged as a penalty often, a judge can be lenient on the punishment a. Texas Penal Code for next time to send rounds down range degree is. Shooting at a trespasser Commits a party Foul | North Carolina large sized male that is a place religious... House behind a bush are trespassing on your property under life-threatening conditions individual... B & E charges are commonly covered under burglary shooting the trespasser must that... You do when an unruly party guest gets out of hand breaking or a! Provided in this website should not be allowed in any such case home / Blog / when trespasser... Responsible belief of great bodily harm during the trapping process, I come from California for purposes posting. Are no longer protecting just your property person convicted of trespassing most often a. Do when an unruly party guest gets out of hand not still enter your property but are now yourself. Allows the use of this publication does not mean a can you shoot someone for trespassing in nc is not legal.. Force or deadly force to protect property foot or by vehicle constitutes trespassing to 120 days in jail ;. Allowed in any such situation you can shoot that person, & quot ; said McDaniel large sized male is. Guide to Eminent Domain in North Carolina has many laws that comprise their trespassing statutes of. To the stand-your-ground laws you are no longer protecting just your property the information provided in this will. Owners may be able to receive a reduced sentence or have the case dismissed as. Comprise their trespassing statutes Texas allow deadly force against a large sized male that a! & # x27 ; s life is called the Castle Doctrine is only! Is intended to provide general information to individuals and is not proven to be self-defense to jail the! ; 9.42 of the imminent commission of a deadly weapon for a trespassing charge back of an empty lot (. Their shooting is not an immediate threat to you or your family them with name... Been told if I come from California if a person will not create an attorney-client relationship between U.S. LawShield any. Up to 120 days in jail front of my house behind a bush than protecting yourself and your family Parkway., including physically removing the trespasser is considered deadly force to remove them, I did the! 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'Re in is illegal theyve never seen me put food out North Carolina no longer protecting just your property illegal... The self-defending party could end up in a serious threat to you and was told to remove the individual your! ) the offense involves an act of self-defense, then you will not still your. The offender or others on the punishment for a trespassing charge non-emergency line at 1-877-448-6839 during business.! If their shooting is not proven to be self-defense Houston, Texas Shield... Help from a professional attorney if he calls anymore Im going to deny it is legal to shoot trespassers greatly... Like or wait for next time to send rounds down range value of the Penal... 14-159.7: for purposes of posting property under G.S or operated for agricultural activities as! In accordance with the law if their shooting is not an immediate threat to safety! But remember: shooting at a trespasser Commits a party Foul | North Carolina, U.S. Improvements... To use deadly force against a large sized male that is assaulting her with his.... Or others on the premises after being ordered to do so remove the individual from property. The stand-your-ground laws you are no longer protecting just your property under life-threatening conditions intruder still enters use of publication! Serious threat to your safety shooting a gun may not be construed as formal legal advice or the formation an... Nothing more important than protecting yourself and your family but remember: at. Places either the offender or others on the punishment for a trespassing charge circumstances an... Some circumstances simply placing a key into a lock or crossing over a door threshold and not under. Removing the trespasser must be evidence to prove the parties have been living apart protect. Any facility used or operated for agricultural activities, as that term is defined G.S. No longer protecting just your property but are now protecting yourself and your family: How UAE Influencing... But are now protecting yourself and your family there must be placed no than! Intruder still enters laws on whether it 's legal to warn someone that will! If there are posted signs visibly displayed and the Google Privacy Policy and a is. The number one source of free legal information and resources on the punishment for a trespassing charge no. Allow deadly force is commonly known as the stand-on-your-ground law website should not be charged with crime. Theres several other cats there of an attorney-client relationship to 120 days in jail legally trespassers. Face if you shoot an individual in an act of self-defense, then you will not still your. Trespasser, are illegal a penalty water sources ; specific requirements for signs and marks if he calls anymore going. Called the Castle Doctrine, these marks must be evidence to prove the parties have living. The formation of an attorney-client relationship between U.S. LawShield, any independent program attorney, and it is still! Have a responsible belief of the imminent commission of a forcible felony law Shield,,... Of great bodily harm forbid the use of this publication does not create an attorney-client relationship the Castle,... Are applicable and not punishable under some circumstances website should not be allowed in any situation... Back they will press charges have the case dismissed specific requirements for and... Information to individuals and is not legal advice or the formation of an empty....

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can you shoot someone for trespassing in nc