James K. Minick

The various safe cracking offenses that an individual can be charged with in NC are also typically grouped with burglary or breaking and entering offenses since safe cracking is generally committed while in the act of burglary or breaking and entering. Since a safe typically contains valuable or important items, the legislature has determined that unlawfully opening a safe is felony offense. This strict punishment is due to a public interest to discourage or deter individuals from taking valuable items through safe cracking.

The crimes listed below outline the required elements of each offense and the punishment specified upon conviction. In order to obtain a conviction, the State must prove each element beyond a reasonable doubt.

Safe Cracking

Elements

A person is guilty if they:

1. Unlawfully open or attempt to open or enter or attempt to enter
2. A safe or vault
3. By any of the following means:
   1. Explosives
   2. Drills
   3. Tools
   4. Stolen combination
   5. Stolen key
   6. Stolen electronic device
   7. Other fraudulently acquired implements or means
   8. Master key made or obtained in an unauthorized manner
   9. Duplicate key made or obtained in an unauthorized manner
   10. Other device made or obtained in an authorized manner
   11. Stethoscope
   12. Listening device
   13. Electronice device
   14. Other surreptitious means or
   15. Any other safe cracking implement or means

Punishment

If a person is guilty of safe cracking, they are guilty of a Class I felony under N.C. Gen. Stat § 14-89.1(c).

Safe Cracking by Removing a Safe

Elements

A person is guilty if they:

1. Unlawfully remove from its premises
2. A safe or vault
3. For the purposes of:
   1. Stealing its contents or
   2. Tampering with its contents
   3. Ascertaining its contents

Punishment

If a person is guilty of safe cracking by removing a safe, they are guilty of a Class I felony under N.C. Gen. Stat. § 14-89.1(c).