UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

                               ------------------

                                    FORM 8-K

                                 CURRENT REPORT

                       PURSUANT TO SECTION 13 OR 15(d) OF
                       THE SECURITIES EXCHANGE ACT OF 1934


       Date of Report (Date of earliest event reported): January 28, 2004


                             1st State Bancorp, Inc.
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               (Exact Name of Registrant as Specified in Charter)


         Virginia                       0-25859                  56-2130744
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(State or Other Jurisdiction         (Commission             (I.R.S. Employer
    of Incorporation)                File Number)            Identification No.)



445 S. Main Street, Burlington, North Carolina                          27215
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   (Address of Principal Executive Offices)                           (Zip Code)


       Registrant's telephone number, including area code: (336) 227-8861


                                 Not Applicable
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          (Former Name or Former Address, if Changed Since Last Report)


ITEM 7.  FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS
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     (a)  Not applicable


     (b)  Not applicable


     (c)  The following exhibit is filed herewith:


             Exhibit 99         Press Release dated January 28, 2004


ITEM 12.  RESULTS OF OPERATIONS AND FINANCIAL CONDITION
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     On January 28,  2004,  1st State  Bancorp,  Inc.  announced  its  unaudited
financial results for the quarter ended December 31, 2003. For more information,
reference is made to the Company's  press release dated January 28, 2004, a copy
of which is attached to this Report as Exhibit 99 and is furnished herewith.



                                   SIGNATURES



     Pursuant to the  requirements  of the Securities  Exchange Act of 1934, the
Registrant  has duly  caused  this  report  to be  signed  on its  behalf by the
undersigned hereunto duly authorized.


                                        1st STATE BANCORP, INC.



Date:    January 28, 2004               By: /s/ James C. McGill
                                           -------------------------------------
                                           James C. McGill
                                           President and Chief Executive Officer