North Carolina Disorderly Conduct and Trespass Laws (2026)

North Carolina's disorderly conduct statute, G.S. 14-288.4, makes it a crime to intentionally cause a public disturbance by fighting, by using words or gestures intended and plainly likely to provoke violent retaliation, or by disrupting schools, school buses, religious services or funerals. Most forms are a Class 2 misdemeanor; disrupting a funeral or memorial service is a Class 1 misdemeanor the first time, a Class I felony the second time and a Class H felony the third time.

Criminal trespass comes in two degrees. First degree trespass (G.S. 14-159.12) covers fenced or secured premises, buildings and certain tribal lands and is a Class 2 misdemeanor, but it becomes a Class I or Class G felony at listed water, agricultural, energy and wastewater facilities and in the squatting-type forms. Second degree trespass (G.S. 14-159.13) covers entering or staying after notice or on posted property, a Class 3 misdemeanor, and being on the curtilage of someone else's home between midnight and 6:00 a.m., a Class 2 misdemeanor. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers North Carolina's state criminal statutes on disorderly conduct (Chapter 14, Article 36A and related sections), related public-order offenses, and criminal trespass (Chapter 14, Articles 22A and 22B and related sections), with the misdemeanor and felony sentencing charts in Chapter 15A. It does not cover local noise ordinances and quiet hours (see North Carolina noise laws), the civil process for removing squatters (see North Carolina squatters' rights), use of force against intruders (see North Carolina self-defense laws), civil trespass lawsuits, city and county ordinances, or federal property.

What counts as disorderly conduct in North Carolina

Disorderly conduct sits in Article 36A of Chapter 14, the article on riots, civil disorders and emergencies. Section 14-288.4(a) opens with the core definition:

"Disorderly conduct is a public disturbance intentionally caused by any person who does any of the following:" (G.S. 14-288.4(a))

Two parts of that sentence do most of the work. The disturbance must be caused intentionally, and it must be a "public disturbance," which Article 36A defines in G.S. 14-288.1(8) as:

"Any annoying, disturbing, or alarming act or condition exceeding the bounds of social toleration normal for the time and place in question which occurs in a public place or which occurs in, affects persons in, or is likely to affect persons in a place to which the public or a substantial group has access."

The same definition says the places covered "shall include, but not be limited to, highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood."

The conduct the statute lists

Section 14-288.4(a) then lists the ways a public disturbance can be caused:

• Fighting or violence, subdivision (1). Engaging "in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence." For assaults on a specific person, see North Carolina assault and battery laws.
• Provocative words or gestures, subdivision (2). Making or using "any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace."
• Schools, subdivisions (3) to (6a). These include taking possession of, exercising control over or seizing a building or facility of a public or private educational institution without the specific authority of its chief administrative officer or an authorized representative; refusing to vacate a school building or facility when ordered by the chief administrative officer or a representative, a fireman or public health officer, or, in an emergency, a law-enforcement officer (subdivision (4)); after being forbidden by the chief administrative officer, sitting or lying so as to obstruct entry or exit, or congregating or blocking so as to interfere with the normal use of a school building or facility (subdivision (5)); disrupting the teaching of students or engaging in conduct that "disturbs the peace, order or discipline" at a public or private educational institution "or on the grounds adjacent thereto"; and conduct that disturbs the peace, order or discipline "on any public school bus or public school activity bus."
• Religious services, subdivision (7). Disrupting, disturbing or interfering with "a religious service or assembly," or engaging in conduct that disturbs the peace or order at one.
• Funerals and memorial services, subdivision (8). Conduct "with the intent to impede, disrupt, disturb, or interfere with the orderly administration of any funeral, memorial service, or family processional," including a military funeral.

For funerals, the statute spells out conduct that counts when it happens "within two hours preceding, during, or within two hours after a funeral or memorial service": displaying, within 500 feet of the ceremonial site, any visual image that conveys fighting words or actual or imminent threats of harm; uttering, within 500 feet, loud, threatening or abusive language, or singing, chanting, whistling or yelling, with or without amplification, in a manner that would tend to disrupt the funeral; and attempting to block or blocking pedestrian or vehicular access to the ceremonial site.

Noise

Section 14-288.4 has no general noise subdivision; its only reference to loud sound is in the funeral clause. Noise near public buildings appears in G.S. 14-132, which makes it a misdemeanor to "make any rude or riotous noise, or be guilty of any disorderly conduct, in or near any public building or facility" (covered below). Neighborhood quiet hours and decibel limits are local rules; see our North Carolina noise ordinance laws page.

Penalties for disorderly conduct

Section 14-288.4(b) provides that, except for the funeral subdivision, "any person who willfully engages in disorderly conduct is guilty of a Class 2 misdemeanor." Under subsection (c), a violation of the funeral subdivision is:

1. A Class 1 misdemeanor for a first offense.
2. A Class I felony for a second offense.
3. A Class H felony for a third or subsequent offense.

So disorderly conduct can be a felony in North Carolina, but only through repeat funeral disruption. The other forms carry no repeat-offender step in the statute; prior convictions affect the sentence only through the prior-conviction levels of the sentencing chart.

North Carolina sets misdemeanor punishment by class and prior-conviction level in G.S. 15A-1340.23, which applies "unless otherwise provided for a specific offense." Level I is no prior convictions, Level II is one to four, and Level III is five or more. For a Class 2 misdemeanor the chart allows 1 to 30 days at Level I (community punishment), 1 to 45 days at Level II and 1 to 60 days at Level III, with a fine of up to $1,000. For a Class 1 misdemeanor it allows 1 to 45 days at Levels I and II and 1 to 120 days at Level III, with the fine amount "in the discretion of the court."

Felonies are sentenced under G.S. 15A-1340.17. At prior record Level I, the presumptive minimum term is 4 to 6 months for a Class I felony and 5 to 6 months for a Class H felony, and at that level the chart authorizes only community punishment for a Class I felony, and community, intermediate or active punishment for a Class H felony; the minimums rise at higher record levels, and the statute's table sets the matching maximum terms.

How the North Carolina Supreme Court read the speech clause

In State v. Summrell, 282 N.C. 157 (1972), the North Carolina Supreme Court reviewed the original 1969 version of G.S. 14-288.4. The court conceded that all of the old subdivision (a)(3), and the part of old (a)(2) that reached "offensively coarse" utterances and acts "such as 'to alarm and disturb persons present,'" were vague. It said there "can be no doubt that the General Assembly intended to prohibit 'fighting words,' words tending to cause an immediate breach of the peace wilfully spoken in a public place."

The court also noted that the General Assembly, in 1971, deleted the old (a)(3) and rewrote (a)(2) so that it reads "[m]akes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace." That 1971 wording is the text in force today. Summrell construed the speech clause only; it did not address the fighting, school, religious-service or funeral subdivisions.

Related public-order offenses in North Carolina

North Carolina spreads public-order crimes across several articles. These are the main ones beside G.S. 14-288.4.

Disorderly conduct in public buildings, stations and airports

• Public buildings and facilities, G.S. 14-132. It is a misdemeanor to "make any rude or riotous noise, or be guilty of any disorderly conduct, in or near any public building or facility." The section also covers defacing walls and committing a nuisance. "Unless the conduct is covered under some other provision of law providing greater punishment," a violation is a Class 2 misdemeanor (G.S. 14-132(d)).
• Public buildings and grounds, G.S. 143-345.2. A separate statute in Chapter 143 makes it a Class 1 misdemeanor to commit a nuisance or conduct oneself "in a disorderly manner in or around any public building or grounds," or to deface or injure any public building or grounds.
• Bus and rail stations and airports, G.S. 14-275.1. At a bus station, depot or terminal, a railroad station, or an airport covered by the statute, it is a Class 3 misdemeanor to "engage in disorderly conduct," to "use vulgar, obscene or profane language," or, without necessary business there, to "loiter and loaf upon the premises after being requested to leave by any peace officer or by any person lawfully in charge of such premises."

Public intoxication

Article 59's offense requires more than being drunk in public. Section 14-444(a) makes it unlawful "for any person in a public place to be intoxicated and disruptive" in one of five listed ways: blocking or interfering with traffic on a highway or public vehicular area; blocking or interfering with access to or passage across a sidewalk or building entrance; "grabbing, shoving, pushing or fighting others or challenging others to fight"; "cursing or shouting at or otherwise rudely insulting others"; or begging for money or other property. A violation is a Class 3 misdemeanor (G.S. 14-444(b)). G.S. 14-445(a) provides that "it is a defense to a charge of being intoxicated and disruptive in a public place that the defendant suffers from alcoholism."

Section 14-443 defines "intoxicated" as the condition of a person whose mental or physical functioning "is presently substantially impaired as a result of the use of alcohol," and a "public place" as "a place which is open to the public, whether it is publicly or privately owned."

Riot, inciting a riot, failure to disperse and unlawful assembly

• Riot, G.S. 14-288.2(a)-(c2). A riot is "a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property." Willfully engaging in a riot is a Class 1 misdemeanor. It is a Class H felony if the person brandishes a dangerous weapon or uses a dangerous substance in the course of the riot, a Class F felony if in the course of the riot the person causes property damage over $2,500 or serious bodily injury (subsection (c1)), and a Class E felony if the person causes a death (subsection (c2)). These grades were set by Session Law 2023-6 for offenses on or after December 1, 2023 (see Recent changes). Subsection (g) provides that "mere presence alone without an overt act is not sufficient to sustain a conviction."
• Inciting a riot, G.S. 14-288.2(d)-(e1). Willfully inciting another to riot, where the inciting results in a riot or is directly and imminently likely to produce one, is a Class A1 misdemeanor (1 to 60 days at Level I, 1 to 75 at Level II, 1 to 150 at Level III, fine in the court's discretion). It is a Class E felony where the inciting is a contributing cause of a riot in which there is property damage over $2,500 or serious bodily injury, and a Class D felony where it is a contributing cause of a riot in which there is a death.
• Failure to disperse, G.S. 14-288.5. An officer or public official responsible for keeping the peace may command a crowd to disperse if he "reasonably believes that a riot, or disorderly conduct by an assemblage of three or more persons, is occurring." Failing "to comply with a lawful command to disperse" is a Class 2 misdemeanor. Under subsection (c), remaining at the scene after the command and "after a reasonable time for dispersal has elapsed" is prima facie evidence that the person is willfully engaging in the riot or disorderly conduct.
• Unlawful assembly. Article 36A does not codify an unlawful assembly offense, but G.S. 14-288.3 provides that Article 36A "shall not be deemed to abrogate, abolish, or supplant such common-law offenses as unlawful assembly, rout, conspiracy to commit riot or other criminal offenses, false imprisonment, and going about armed to the terror of the populace and other comparable public-nuisance offenses." Those common-law offenses therefore remain chargeable; Article 36A does not set their punishment.

Emergencies, curfews and civil disorder

• Violating an emergency order or curfew, G.S. 14-288.20A. It is a Class 2 misdemeanor to violate any provision of a local ordinance or declaration made under G.S. 166A-19.31 (the local emergency power, which includes imposing a curfew), to violate a Governor's declaration or executive order under G.S. 166A-19.30, or to willfully refuse "to leave the building as directed in a Governor's order" under G.S. 166A-19.78.
• Trespass during an emergency and looting, G.S. 14-288.6. Entering the premises of another without legal justification in an emergency area during a declared state of emergency, "when the usual security of property is not effective due to the occurrence or aftermath of the emergency," is the Class 1 misdemeanor of trespass during an emergency. Looting while trespassing is a Class H felony, or a Class F felony if the looted property is temporary housing or is taken from temporary housing.
• Civil-disorder weapons training, G.S. 14-288.20. Teaching or demonstrating the use or making of a firearm, explosive or incendiary device, or a technique capable of causing injury or death, "knowing or having reason to know or intending" that it will be used unlawfully in a civil disorder, or assembling to train for that purpose, is a Class H felony.
• Assault on emergency personnel, G.S. 14-288.9. A separate section covers assaults on emergency personnel in an area where a state of emergency exists or where a riot is occurring or imminent; assault itself is outside this page.

Funerals, demonstrations and health care facilities

• Weapons at demonstrations, G.S. 14-277.2(a). It is a Class 1 misdemeanor for a person participating in, affiliated with, or present as a spectator at "any parade, funeral procession, picket line, or demonstration" on a private health care facility or on public property owned or controlled by the State or a political subdivision "to willfully or intentionally possess or have immediate access to any dangerous weapon." The section contains exceptions.
• Obstructing health care facilities, G.S. 14-277.4. Obstructing or blocking another person's access to or exit from a health care facility "in a manner that deprives or delays the person from obtaining or providing health care services" is a Class 2 misdemeanor. A second conviction within three years of the first is a Class 1 misdemeanor, and a third or later conviction within three years of the most recent one is a Class I felony. Subsection (e) states that the section does not prohibit "lawful speech or picketing which does not impede or deny another person's access to health care services."
• Targeted picketing of a residence, G.S. 14-277.4A. Picketing directed at a residence or its occupants, on the sidewalk or street in front of it, in front of an adjoining residence or on either side of it, is a Class 2 misdemeanor when the person knows or should know that the manner of picketing would cause a reasonable person to fear for safety or suffer substantial emotional distress.

False reports, hoaxes and threats

• Communicating threats, G.S. 14-277.1. Willfully threatening to injure a person or the person's child, sibling, spouse or dependent, or to damage another's property, is a Class 1 misdemeanor when the threat is communicated, is made in a manner that would cause a reasonable person to believe it is likely to be carried out, and the person threatened believes it will be.
• Mass violence at schools and places of worship, G.S. 14-277.5 to 14-277.7. Making a report, knowing or having reason to know it is false, that mass violence is going to occur on educational property or at a school-sponsored activity, or threatening mass violence there or at a place of religious worship, is a Class H felony. G.S. 14-277.8 provides a conditional discharge for some first offenders who were under 20 at the time of the offense.
• False bomb reports and bomb hoaxes, G.S. 14-69.1 and 14-69.2. Knowingly making a false report of an explosive or incendiary device, or placing or displaying a fake bomb with intent to perpetrate a hoax, is a Class H felony; a second conviction within five years for the public-building form is a Class G felony.
• False fire alarms, G.S. 14-286. Willfully giving a false fire alarm or tampering with a fire-alarm or fire-extinguishing system is a Class 2 misdemeanor; tampering with those systems in a prison or local confinement facility is a Class H felony.
• False reports to police, G.S. 14-225. Willfully making a false, deliberately misleading or unfounded report to a law enforcement agency or officer to interfere with it or hinder an officer is a Class 2 misdemeanor, or a Class H felony if the report relates to an investigation into a missing child or a child victim of a Class A, B1, B2 or C felony.

Loitering, roadside solicitation and blocking roads

Besides the station and airport rule in G.S. 14-275.1, a traffic statute, G.S. 20-175(b), provides that no person shall stand or loiter in the main traveled portion of a State highway or street, including the shoulders and median but excluding sidewalks, to solicit employment, business or contributions from a driver or occupant in a way "that impedes the normal movement of traffic." Subsection (d) lets local governments restrict standing on a street while soliciting.

Under G.S. 20-174.1, willfully standing, sitting or lying on a highway or street so as to impede the regular flow of traffic is a Class 2 misdemeanor. Doing so while participating in a demonstration intended to prohibit or impede use of the road is a Class A1 misdemeanor for a first offense and a Class H felony for a second or later offense, and doing so in a way that obstructs an emergency vehicle from accessing the road is a Class A1 misdemeanor (Session Law 2024-16, for offenses on or after December 1, 2024).

The same act added G.S. 15A-1340.16G: a person convicted of a misdemeanor or felony who is found to have worn a mask or other clothing or device to conceal identity during the offense is guilty of an offense one class higher, unless the mask is needed to prove an element of the underlying offense.

Criminal trespass in North Carolina

North Carolina has two trespass degrees, and the names can mislead: first degree is not the "notice" tier but the physically protected tier (fenced or secured premises and buildings), and it carries the felony forms. Second degree is the notice, posting and night-time curtilage tier. Article 22B defines only one term, "building," which G.S. 14-159.11 defines as "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." Both degrees turn on acting "without authorization."

When an owner, store or occupant tells you to leave

Notice from a person is the first form of second degree trespass. Under G.S. 14-159.13(a)(1), a person commits second degree trespass by entering or remaining, without authorization, "on premises of another after the person 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." That is a Class 3 misdemeanor. The statute does not limit who may give the notice to the owner: a person in charge of the premises, a lawful occupant or another authorized person may also give it.

Two other statutes reach a refusal to leave in particular settings. At bus and rail stations and airports, loitering without necessary business "after being requested to leave by any peace officer or by any person lawfully in charge" is a Class 3 misdemeanor (G.S. 14-275.1). And domestic criminal trespass (below) covers a person who "remains after being ordered to leave by the lawful occupant" of a home occupied by a present or former spouse or partner.

What counts as posting, and does North Carolina have a purple paint law?

The second form of second degree trespass is entering or remaining "on premises that are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises" (G.S. 14-159.13(a)(2)). Sections 14-159.12 and 14-159.13 do not specify sign sizes, spacing or paint marks; the test is whether the posting is reasonably likely to come to an intruder's attention.

North Carolina's sign and purple paint specifications are in a different article. Article 22A, titled "Trespassing Upon Posted Property to Hunt, Fish, Trap, or Remove Pine Needles/Straw," sets out in G.S. 14-159.7 how an owner or lessee posts land for that article's purposes:

• Signs, G.S. 14-159.7(1). Notices, signs or posters must measure "not less than 120 square inches" and be "conspicuously posted on private lands not more than 200 yards apart close to and along the boundaries," with at least one on each side of the land and one at each corner.
• Purple paint, G.S. 14-159.7(2). The owner or lessee "may place identifying purple paint marks on trees or posts around the area to be posted. 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. The paint marks shall be placed no more than 100 yards apart and shall be readily visible to any person approaching the property."

The purple paint method therefore governs posting against hunting, fishing, trapping and pine straw removal under Article 22A. The second degree trespass statute does not name paint marks as a form of notice.

Hunting, fishing, trapping and pine straw on posted land

• G.S. 14-159.6(a). Willfully going on land, waters, ponds or a legally established waterfowl blind of another, posted under G.S. 14-159.7, "to hunt, fish or trap without written permission of the landowner, lessee, or his agent" is a Class 2 misdemeanor. The written permission "shall be carried on one's person, signed by the landowner, lessee, or agent, and dated within the last 12 months." Subsection (c) makes it an affirmative defense that the person "had in fact obtained prior permission" but did not have valid written permission on them at the time of citation or arrest.
• G.S. 14-159.6(b). Willfully going on land posted with signs under G.S. 14-159.7(1) to rake or remove pine needles or pine straw without the owner's or agent's written consent is a Class 1 misdemeanor. This form refers to the sign method only.
• Posted signs, G.S. 14-159.8. Mutilating, destroying or taking down a "posted," "no hunting" or similar sign on another's land, or putting up such a sign on another's land without the owner's consent, is a Class 3 misdemeanor "only punished by a fine of not more than one hundred dollars ($100.00)."
• Navigable waters, G.S. 14-159.9. Article 22A does not prohibit entering navigable waters and the adjoining bays and sounds for fishing, hunting or trapping.
• Hunter harassment, G.S. 113-295(a). Intentionally interfering with the lawful taking of wildlife is a Class 2 misdemeanor for a first conviction and a Class 1 misdemeanor for a second or later one. It does not apply to a person who "incidentally interferes" while using the land for other lawful activity such as agriculture, mining or recreation, or to activity on land the person owns or leases.

Session Law 2025-97, section 4.5, repealed G.S. 113-281, the wildlife-title rule on hunting and fishing on the registered property of another, effective October 22, 2025, without abating prosecutions for earlier offenses. Trespass to hunt, fish or trap on posted land now rests on G.S. 14-159.6.

Professional land surveyors have a separate rule. G.S. 14-159.15, added by Session Law 2025-94, provides that an entry by a professional land surveyor to perform land surveying under that section "shall not constitute trespass under this Article or Article 22A." It gives no authority to enter railroad lands or lands containing critical infrastructure.

First degree trespass: G.S. 14-159.12

A person commits first degree trespass by entering or remaining, without authorization, on or in any of the following (G.S. 14-159.12(a)):

1. "The premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders."
2. "The building of another."
3. The lands of the Eastern Band of Cherokee Indians after being excluded by a resolution of its Tribal Council.
4. The lands of the Catawba Indian Nation after being excluded by a resolution of its Executive Committee (added by Session Law 2025-57, effective December 1, 2025, for offenses on or after that date).

Except for the felony forms below, first degree trespass is a Class 2 misdemeanor (G.S. 14-159.12(b)).

Felony trespass at water, agricultural, energy and wastewater facilities

First degree trespass is a Class I felony under G.S. 14-159.12(c) when both of these conditions are met:

• The place. The offense is committed on the premises of a facility used for the collection, treatment, testing, storing, pumping or distribution of water for a public water system; a facility used or operated for agricultural activities as defined in G.S. 106-581.1; an energy facility as defined in G.S. 14-150.2; or a public utility or local government facility used for treating wastewater.
• The entry. 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."

Under subsection (d), the offense becomes a Class G felony if, in addition, it was committed "with the intent to disrupt the normal operation" of the facility, or it "involves an act that places either the offender or others on the premises at risk of serious bodily injury." Subsection (e) defines "facility" as "a building or other infrastructure." At prior record Level I, the presumptive minimum term is 4 to 6 months for a Class I felony and 10 to 13 months for a Class G felony (G.S. 15A-1340.17(c)).

Squatting-type trespass felonies

Under G.S. 14-159.12(f), first degree trespass is a Class I felony "and shall include a fine of not less than one thousand dollars ($1,000) for each violation" if:

1. The person "reentered after having previously been removed pursuant to the execution of a valid order or writ for possession";
2. The offense occurs "under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest"; or
3. It is the person's second or later violation of the Eastern Band of Cherokee lands subdivision, (a)(3).

The first two forms came from Session Law 2016-26, effective December 1, 2016. North Carolina's old forcible entry statute, G.S. 14-126, was repealed in 1987.

Separately, G.S. 14-159 makes it a Class 3 misdemeanor to move into, take possession of or occupy another person's house or other building without first obtaining the authority and consent of the owner or the owner's agent. Session Law 2025-88 (effective December 1, 2025) added Article 22D, G.S. 14-159.50 to 14-159.56, an expedited court process for removing unauthorized persons from residential property; under G.S. 14-159.54, failing to vacate in accordance with a removal order issued under G.S. 14-159.52(b) is criminal trespass under G.S. 14-159.13(a)(1).

For the civil eviction side of squatting, see North Carolina squatters' rights.

Second degree trespass: G.S. 14-159.13

Second degree trespass is entering or remaining, without authorization:

1. On premises of another after being notified not to enter or remain by the owner, a person in charge, a lawful occupant or another authorized person (Class 3 misdemeanor);
2. On premises posted "in a manner reasonably likely to come to the attention of intruders" (Class 3 misdemeanor); or
3. "On the curtilage of a dwelling of another between the hours of midnight and 6:00 A.M." (Class 2 misdemeanor).

Session Law 2023-85 created the night-time curtilage form and its Class 2 grade, effective December 1, 2023, for offenses on or after that date. Before that act, all second degree trespass was a Class 3 misdemeanor.

For a Class 3 misdemeanor, the chart in G.S. 15A-1340.23 lists 1 to 10 days at Level I, 1 to 15 days at Level II and 1 to 20 days at Level III, with a fine of up to $200, but subsection (d) provides that the judgment for a person "who has no more than three prior convictions shall consist only of a fine."

Other special trespass offenses

• Domestic criminal trespass, G.S. 14-134.3. Entering after being forbidden, or remaining after being ordered to leave by the lawful occupant, on premises occupied by a present or former spouse or a person the defendant lived with as if married, when the two are living apart, is a Class 1 misdemeanor. It is a Class G felony if the property is operated as a safe house or haven for domestic violence victims and the person is armed with a deadly weapon.
• School buses, G.S. 14-132.2. Entering a public school bus or activity bus after being forbidden by the authorized driver or the assigned school principal, or refusing to leave on the driver's or principal's demand, is a Class 1 misdemeanor; those two forms do not apply to a child under 12 or to authorized school personnel.
• Railroad right-of-way, G.S. 14-280.1. Entering and remaining on a railroad right-of-way without the consent of the railroad or authority under State or federal law is a Class 3 misdemeanor. The section does not apply to crossing the right-of-way at a public or private crossing.
• All-terrain vehicles, G.S. 14-159.3. Operating an all-terrain vehicle on private property not owned by the operator without the owner's written consent, or within the banks of a stream or waterway without consent, is a Class 2 misdemeanor.
• Vehicles on utility easements, G.S. 14-134.2. Driving a motor vehicle other than an all-terrain vehicle, without permission, on a utility easement posted "no trespassing" or after oral or written notice is a Class 3 misdemeanor.
• Cemeteries, G.S. 14-148 and 14-149. These are desecration offenses, not entry offenses. Depositing refuse or disturbing stones, fences or plantings in a cemetery is a Class 1 misdemeanor, or a Class I felony if the damage is $1,000 or more. Disturbing a grave or marker is a Class I felony, and knowingly and willfully disturbing interred human remains without authorization or family consent is a Class H felony.

Defending property against a trespasser is a separate subject; see North Carolina self-defense laws.

Trespass versus breaking or entering

Section 14-159.14 makes both trespass degrees "lesser included offenses of breaking or entering as provided in G.S. 14-54 and G.S. 14-56." Under G.S. 14-54, breaking or entering a building "with intent to commit any felony or larceny therein" is a Class H felony, and wrongfully breaking or entering any building without that intent is a Class 1 misdemeanor. Breaking or entering a building with intent to terrorize or injure an occupant is a Class H felony (G.S. 14-54(a1)).

Since December 1, 2025 (Session Law 2025-71, for offenses on or after that date), G.S. 14-54(b1) also makes it a Class 1 misdemeanor for a first offense, and a Class I felony for a second or later offense, to enter, with intent to commit an unlawful act, an area of a building commonly reserved for a commercial business's personnel where money or other property is kept, or an area clearly marked with a sign indicating that public entry is forbidden. Under G.S. 14-54(b2), possessing a firearm during an offense under the section raises it one class.

Breaking and entering another person's dwelling or sleeping room with intent to commit a felony or larceny is burglary under G.S. 14-51: first degree (Class D felony) if someone is in actual occupation at the time, and second degree (Class G felony) if not (G.S. 14-52).

Penalties at a glance

Misdemeanor terms and fines come from G.S. 15A-1340.23, which applies unless a statute provides otherwise for a specific offense; Level I is no prior convictions and Level III is five or more. Felony minimums come from G.S. 15A-1340.17(c), and the matching maximums from subsection (d) (Classes F to I) or subsection (e) (Classes B1 to E). At prior record Level I, the chart authorizes only community punishment for a Class I felony; for a Class H felony it authorizes community, intermediate or active punishment. For the full class tables, see North Carolina felony and misdemeanor classes.

Recent changes to these statutes

• Session Law 2025-88 (effective December 1, 2025). Added Article 22D, G.S. 14-159.50 to 14-159.56, an expedited court process for removing unauthorized persons from residential property; under G.S. 14-159.54, failing to vacate under a removal order is criminal trespass under G.S. 14-159.13(a)(1).
• Session Law 2025-71, sections 4 and 10 (effective December 1, 2025, for offenses on or after that date). Added unlawful business entry, G.S. 14-54(b1), and one-class firearm enhancements for breaking or entering and burglary (G.S. 14-54(b2) and 14-52(b)), and rewrote the burglary degrees in G.S. 14-51 and 14-52 (first degree Class D, second degree Class G). Prosecutions for offenses committed before the effective date are not affected.
• Session Law 2025-18, section 4 (effective December 1, 2025, for offenses on or after that date). Rewrote trespass during an emergency in G.S. 14-288.6 to key it to "the emergency that prompted the declared state of emergency," and made looting of temporary housing, or of property taken from temporary housing, a Class F felony. Other looting remains a Class H felony.
• Session Law 2025-57, section 4 (effective December 1, 2025, for offenses on or after that date). Added the lands of the Catawba Indian Nation, after exclusion by its Executive Committee, to first degree trespass as G.S. 14-159.12(a)(4).
• Session Law 2025-97, section 4.5 (effective October 22, 2025). Repealed G.S. 113-281 on hunting and fishing on registered property; prosecutions for earlier offenses are not abated.
• Session Law 2025-94. Added G.S. 14-159.15 on entry by professional land surveyors.
• Session Law 2024-16, sections 2 and 4. Rewrote G.S. 20-174.1 to make blocking a road during a demonstration a Class A1 misdemeanor for a first offense and a Class H felony for a later offense, and obstructing an emergency vehicle a Class A1 misdemeanor, for offenses on or after December 1, 2024. It also added the mask enhancement in G.S. 15A-1340.16G, effective June 27, 2024, for offenses on or after that date.
• Session Law 2023-6 (effective December 1, 2023, for offenses on or after that date). Rewrote the riot grades in G.S. 14-288.2. The Class H felony now requires brandishing a dangerous weapon or using a dangerous substance; causing property damage over $2,500 or serious bodily injury became a Class F felony (the earlier Class H damage threshold was $1,500), and causing a death a Class E felony. Inciting a riot rose from a Class 1 to a Class A1 misdemeanor, the damage or injury form from a Class F to a Class E felony, and a Class D felony form was added. The act also allowed suits for three times actual damages for injury from rioting or looting.
• Session Law 2023-85 (effective December 1, 2023, for offenses on or after that date). Added second degree trespass on the curtilage of another's dwelling between midnight and 6:00 a.m. as a Class 2 misdemeanor; the notice and posting forms stayed Class 3.
• Session Law 2023-47 (effective December 1, 2023, for offenses on or after that date). Raised first degree trespass at listed facilities from a Class A1 misdemeanor to a Class I felony, raised the aggravated form from a Class H to a Class G felony, removed the separate electric-power and natural-gas facility listings from G.S. 14-159.12(c)(1), and created a separate energy facility offense in G.S. 14-150.2. Prosecutions for offenses committed before the effective date are not affected.

Federal law separately governs conduct on federal property and at the U.S. Capitol; our state-by-state disorderly conduct and trespass guide covers that layer.

Related North Carolina and state-by-state guides

• Disorderly conduct and trespass laws by state
• North Carolina noise ordinance laws
• North Carolina felony and misdemeanor classes
• North Carolina squatters' rights
• North Carolina self-defense laws
• North Carolina expungement laws
• Georgia disorderly conduct and trespass laws
• How to charge someone with trespassing

This article provides general legal information about North Carolina's disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in North Carolina.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in North Carolina?

Under G.S. 14-288.4, disorderly conduct is a public disturbance intentionally caused by fighting or threatening imminent violence, by words or gestures intended and plainly likely to provoke violent retaliation, or by disrupting schools, school buses, religious services or funerals. A public disturbance is an annoying, disturbing or alarming act beyond normal social toleration in a place the public can access (G.S. 14-288.1(8)).

Is disorderly conduct a misdemeanor in North Carolina?

Yes, in most forms. Willfully engaging in disorderly conduct under G.S. 14-288.4 is a Class 2 misdemeanor (up to 30 days with no prior convictions, up to 60 with five or more, fine up to $1,000). Funeral disruption is a Class 1 misdemeanor the first time, a Class I felony the second time and a Class H felony the third or later time.

Can you get disorderly conduct for cursing in North Carolina?

G.S. 14-288.4(a)(2) reaches language only when it is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace; State v. Summrell (1972) read the earlier version as aimed at fighting words. Separately, vulgar or profane language at a bus or rail station or airport is a Class 3 misdemeanor (G.S. 14-275.1), and cursing at others while intoxicated in public is one of the listed forms of G.S. 14-444.

Is public intoxication illegal in North Carolina?

G.S. 14-444 makes it a Class 3 misdemeanor to be intoxicated by alcohol in a public place and disruptive in one of five ways: blocking traffic, blocking a sidewalk or entrance, grabbing, shoving or fighting, cursing at or rudely insulting others, or begging.

What are the degrees of trespass in North Carolina?

There are two. First degree trespass (G.S. 14-159.12) covers fenced or secured premises, buildings and certain tribal lands after exclusion and is a Class 2 misdemeanor, with felony forms. Second degree trespass (G.S. 14-159.13) covers entry after notice or onto posted premises (Class 3 misdemeanor) and the curtilage of another person's home between midnight and 6 a.m. (Class 2 misdemeanor).

Is trespassing a felony in North Carolina?

Only in specific forms: first degree trespass at a listed water, agricultural, energy or wastewater facility with building entry or crossing a fence or barrier (Class I, or Class G with intent to disrupt or risk of serious injury); reentry after removal under a writ, false ownership evidence, or a repeat Cherokee-land violation (Class I with a fine of at least $1,000); and domestic criminal trespass while armed at a domestic violence safe house (Class G).

Does North Carolina have a purple paint law?

Yes, for posting under Article 22A, which covers hunting, fishing, trapping and pine straw removal. G.S. 14-159.7(2) requires vertical marks at least 8 inches long, with the bottom 3 to 5 feet above the base of the tree or post, no more than 100 yards apart and readily visible. Second degree trespass requires posting reasonably likely to come to an intruder's attention and does not name paint marks.

What happens if a store or owner tells you to leave in North Carolina?

Entering or remaining on premises after being told not to by the owner, a person in charge of the premises, a lawful occupant or another authorized person is second degree trespass under G.S. 14-159.13(a)(1), a Class 3 misdemeanor. At stations and airports, loitering after a request to leave is a Class 3 misdemeanor under G.S. 14-275.1.

Is squatting a crime in North Carolina?

G.S. 14-159.12(f) makes first degree trespass a Class I felony, with a fine of at least $1,000 per violation, when a person reenters property after removal under a valid order or writ for possession, or occupies it under color of title using knowingly false evidence of ownership or a possessory interest. G.S. 14-159 separately makes it a Class 3 misdemeanor to move into or occupy another person's house or building without the owner's authority and consent, and since December 1, 2025, failing to vacate under an expedited removal order is criminal trespass under G.S. 14-159.54.

Is it a crime to break a curfew in North Carolina?

Violating a local emergency ordinance or declaration under G.S. 166A-19.31, which includes curfews, or a Governor's emergency declaration or order, is a Class 2 misdemeanor under G.S. 14-288.20A.