Can stealing a melon make you a felon? Yes.

Don't mess with farmers.

Extension agents in Virginia and North Carolina say there are plenty of laws with that theme, including a little-known one that has resulted in a felony charge for a man accused of stealing a $3 watermelon from a field.

"I hadn't heard about that law, but it makes sense," said Tom Campbell, Pasquotank County's agricultural extension agent in North Carolina.

Dana Soles, a candidate for a board of commissioners seat in Chowan County, said he was gathering food for the family of a friend down on their luck. He saw the field, knew it was about to be plowed under and plucked, Soles has said.

A local sheriff's deputy saw the incident and charged him with larceny of ungathered crops. Soles has yet to go to court.

County officials in Chowan said it was the second theft of watermelons in recent weeks; 700 watermelons valued at $3,500 were stolen earlier this summer.

N.C. state statute No. 14-78 has been on the books since the early 1800s, said Andy Bunch, chief deputy in Chowan County. It's a Class H felony, punishable by as much as 30 months in prison.

In North Carolina, there does appear to be an upswing this year in crop theft, said Lewis Smith, acting extension agent in Chowan County. He's uncertain if it has to do with the economy.

The trend hasn't been noticed in Virginia.

"It's not a problem on a big scale down here," said Wes Alexander, Virginia Tech extension agent in Southampton County, one of Virginia's top contenders when it comes to watermelon production.

As usual, for summer months, there are busted watermelons on rural roads and watermelon feasts at local events.

"I haven't heard about any big concern about watermelon theft," said Rex Cotten, an extension agent in Suffolk. "Most people, these days, won't even take time to pick up a quarter off the ground."

Campbell disagreed. These are hard times, he said. People are struggling to pay bills and buy groceries.

His county has started a community garden project this year to help feed the hungry, he said.

The watermelon felony charge has been the talk of northeastern North Carolina for a week, said Paul Smith, the Gates County extension agent.

"It was news to all of us when it happened," he said. "A lot of people, this time of year, might stop in a field to dig a few peanuts to boil or some sprigs of cotton for decoration. I guess they think it doesn't make a difference."

It makes a difference to the farmers, said Lewis Smith. Farmers get irate when they see somebody stealing from their fields. It takes a while to pick a peck of peas, but other items, like watermelons and cotton blossoms, are easy to grab.

Farmers should get mad about pilfering, he said. After all, expenses are up for them just as they are for any other business.

National agricultural organizations are baffled by the North Carolina law. Kathleen Early, director of legal services at the American Farm Bureau in Washington, said they can find no other state that would charge somebody with a felony for the theft of a single watermelon.

Elizabeth Springsteen, an attorney at the University of Arkansas' National Agricultural Law Center, said the N.C. law sounds a bit unusual to the staff there as well, but Springsteen couldn't say if there are other states with similar laws.

In Virginia, watermelon theft wouldn't be treated as harshly as in North Carolina, said Debbie George, spokeswoman for the city of Suffolk and a former police officer.

"Petit larceny is the only code I've located that would cover it," George said.

"Now, if they take your chicken instead of your watermelon, it would be a felony."

Linda McNatt, (757) 222-5561, linda.mcnatt@pilotonline.com