N.C.P.I.—Civil 870.72

The (state number) issue reads:

“Was the property or person of the plaintiff injured by reason of the

defendant’s [obtaining] [possessing] [using] identifying information of

the plaintiff?”

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, four

things:

First, that the defendant [obtained] [possessed] [used] identifying

information of the plaintiff. 2 Identifying information includes a person’s

[social security or taxpayer identification numbers] [drivers license, State

identification card, or passport numbers] [checking account, savings

account, credit card or debit card numbers] [Personal Identification (PIN)

Code3] [electronic identification numbers or electronic mail names or

addresses] [internet account numbers or internet identification names]

[digital signatures] [any numbers or information that can be used to

access a person’s financial resources] [biometric data] [fingerprints]

[passwords] [parent’s legal surname prior to marriage].4

[I instruct you that (state type of identifying information) would be

identifying information.]

Second, that the defendant acted knowingly and with the intent5 to

fraudulently represent that the defendant was the plaintiff;6

Third, that the defendant acted for the purpose of [making financial

or credit transactions in the plaintiff’s name] [obtaining something of

value, benefit, or advantage]7 [avoiding legal consequences8]9; and

Fourth, that the person or property of the plaintiff was injured by

reason of the defendant’s [obtaining] [possessing] [using] identifying

information of the plaintiff.

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence that the

defendant [obtained] [possessed] [used] identifying information of the

plaintiff, that the defendant acted knowingly and with the intent to

fraudulently represent that the defendant was the plaintiff, that the

defendant acted for the purpose of [making financial or credit

transactions in the plaintiff’s name] [obtaining something of value,

benefit, or advantage] [avoiding legal consequences], and that the

person or property of the plaintiff was injured by reason of the

defendant’s [obtaining] [using] identifying information of the plaintiff,

then it would be your duty to answer this issue “Yes” in favor of the

plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue “No” in favor of the defendant.