Editor’s note: The content of this article is not intended to operate as legal advice.
(WGHP) — Is it legal for a person to break into a hot car to rescue a pet in North Carolina?
Well, the answer is layered, depending on the circumstances.
Legal for ‘designated officials’
According to the North Carolina General Statutes, designated officials such as law enforcement, firefighters and animal control officers are allowed to enter or, if need be, break into vehicles to save an animal in danger.
It should be noted, however, that the law requires that officials make an effort to locate the animal’s owner or caretaker before doing so.
In order to protect the health and safety of an animal, any animal control officer, animal cruelty investigator appointed under G.S. 19A-45, law enforcement officer, firefighter, or rescue squad worker, who has probable cause to believe that an animal is confined in a motor vehicle under conditions that are likely to cause suffering, injury, or death to the animal due to heat, cold, lack of adequate ventilation, or under other endangering conditions, may enter the motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible for the animal.
§ 14-363.3. NC General Statutes
The law does not apply to the transportation of horses, cattle, sheep, swine, poultry or other livestock.
Regular citizens are not included in this law. This means that a person could still be found liable for breaking into a vehicle, even if they do so in the interest of saving an animal in danger.
Rescuing a person
Section 14-56 of the NC General Statutes offers some protections for civilians who break into a car for the sake of a human being who is in danger.
Those circumstances include acting to provide first aid to a person who is in imminent danger.
It shall not be a violation of this section for any person to break or enter any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind to provide assistance to a person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind if one or more of the following circumstances exist:
(1) The person acts in good faith to access the person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind in order to provide first aid or emergency health care treatment or because the person inside is, or is in imminent danger of becoming unconscious, ill, or injured.
(2) It is reasonably apparent that the circumstances require prompt decisions and actions in medical, other health care, or other assistance for the person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind.
(3) The necessity of immediate health care treatment or removal of the person from the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is so reasonably apparent that any delay in the rendering of treatment or removal would seriously worsen the physical condition or endanger the life of the person.
§ 14-56 NC General Statutes
The circumstances above apply exclusively to helping a “person” and not pets.
Consequences
If a civilian breaks the window of another person’s vehicle, they could be charged with a Class 1 misdemeanor under North Carolina’s property damage law.
The law for property damage can be read below:
If any person shall willfully and wantonly damage, injure or destroy any real property whatsoever, either of a public or private nature, he shall be guilty of a Class 1 misdemeanor.
§ 14-127 NC General Statutes
If a civilian breaks into another person’s vehicle to take a pet, they could be charged with a Class 1 felony.
The law for breaking into a vehicle can be read below:
If any person, with intent to commit any felony or larceny therein, breaks or enters any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind, containing any goods, wares, freight, or other thing of value, or, after having committed any felony or larceny therein, breaks out of any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind containing any goods, wares, freight, or other thing of value, that person is guilty of a Class I felony. It is prima facie evidence that a person entered in violation of this section if he is found unlawfully in such a railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft.
§ 14-56 NC General Statutes
What should you do?
In summation, it is best to contact law enforcement if you find an animal that is trapped in a car and in imminent danger.
