Did the General Assembly Just Remove the “Nighttime” Element of Burglary?

A few weeks ago, the General Assembly passed, and the Governor signed into law, S.L. 2025-71. The bill makes quite a few changes to the criminal law. It creates new crimes, like a larceny offense specific to gift cards; enhances the penalties for existing crimes, including certain racing and reckless driving offenses; and creates sentencing enhancements when a gun is used in connection with specified drug crimes and offenses involving breaking or entering. Today’s post focuses on the bill’s amendment to G.S. 14-51, which addresses “first and second degree burglary.” Does the amendment quietly remove the  element of burglary that requires the offense to be committed in the nighttime? North Carolina law has long made “in the nighttime” an element of burglary. Before this month, the elements of burglary were not listed in any statute. Rather, G.S. 14-51 simply referred to burglary “as defined at the common law.” The statute divided the common law crime into degrees for purposes of punishment, depending on whether the premises were occupied at the time of the offense. Under the common law, as interpreted by the appellate courts, “[t]he elements of burglary in the first degree are the (1) breaking and (2) entering, (3) in the nighttime, (4) of a dwelling house, (5) of another, (6) which is actually occupied, (7) with the intent to commit a felony therein.” State v. Williams, 308 N.C. 47, 65 (1983). “Burglary in the second degree consists of all the elements of burglary in the first degree save the [...]