CLAIM / QUESTION
Is it a crime in N.C. to steal a political campaign sign?
THE BACKGROUND
On Oct. 22, Asheboro police investigated a larceny and filed a report after an individual reported several Democratic Party campaign signs had been stolen. The incident follows a viral clip of a Missouri couple who, after tracking a stolen sign with an Apple AirTag, found around 60 stolen political signs in a teenager’s car trunk.
Officials from the Asheboro Police Department and the Randolph County Sheriff’s Office say they have not seen a significant increase in complaints about stolen political signs.
OUR RATING
True. The theft or vandalism of a political sign, when legally placed, is a crime in all 50 states. Kellie Pantekoek, senior legal writer for FindLaw.com, notes in an article that “states take slightly different approaches to penalizing theft and vandalism of political yard signs, but most states treat the conduct as a misdemeanor. Even though misdemeanors are minor offenses, they carry serious consequences that can multiply based on the number of signs involved.”
OUR FINDINGS
North Carolina has no specific statute criminalizing the theft, removal, or vandalism of a political sign. However, political and campaign signs are generally considered personal property under North Carolina law, meaning the state’s statutes for larceny and injury to personal property can be used to charge individuals who steal or vandalize a sign. Additionally, individuals who trespass on private property to remove or vandalize a sign may face criminal trespassing charges.
These offenses are usually considered misdemeanors, which can result in fines, community service, or jail time of less than 12 months.
On private property, a sign may only be placed by or with the owner’s permission. Signs placed without the owner’s consent may be removed.
On public property, laws regulate when and where political signs may be placed. Under N.C. § 136-32, which governs sign regulation, section (b) allows the placement of political signs in the right-of-way of a state highway “during the period beginning on the 30th day before the beginning date of early voting … and ending on the 10th day after the primary or election day.” However, according to Jay Hanson, assistant chief of police for the Asheboro Police Department, permission is still needed from the resident or business owner whose property fronts the right-of-way.
“North Carolina law states that any such placement requires the consent of the resident or business owner whose property fronts the right-of-way. If the resident or business owner does not consent, they may remove the sign,” Hanson said in an email to Acme News.
Political signs left on public property after the deadline “shall be deemed unlawfully placed and abandoned property, and a person may remove and dispose of such political signs without penalty,” according to the statute.
SOURCES
- Is It Illegal to Steal or Vandalize Political Signs? (Kellie Pantekoek, E, Oct. 8, 2020) https://www.findlaw.com/legalblogs/law-and-life/is-it-illegal-to-steal-or-vandalize-political-signs/
- N.C. § 136‑32. Regulation of signs.
- https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_136/GS_136-32.pdf
- Asheboro Police Department
- Randolph County Sheriff’s Office
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