N.C.P.I.—Crim. 204.17

NOTE WELL: This instruction should be used where a defendant

has been convicted of a misdemeanor or felony and there is

evidence that the defendant wore a mask, device, or other

clothing to conceal or attempt to conceal the defendant’s identity

at the time of the offense. This enhancement is not appropriate

and this instruction should not be used where the evidence that

the defendant wore a mask, device, or other clothing to conceal

or attempt to conceal the defendant’s identity is needed to prove

an element of the underlying offense charged. See N.C. Gen.

Stat. § 15A-1340.16G(d).

See N.C. Gen. Stat. § 15A-928 for provisions regarding

indictment, bifurcated trial, verdict, and judgment.

In the event you have found the defendant guilty of (name misdemeanor

or felony), you must then consider and answer the following question:

Did the defendant wear [a mask] [a device] [clothing] to [conceal]

[attempt to conceal] the defendant’s identity at the time the defendant

committed (name misdemeanor or felony)?

On this question, the burden of proof is on the State to prove beyond a

reasonable doubt that the defendant wore [a mask] [a device] [clothing] to

[conceal] [attempt to conceal] the defendant’s identity at the time the

defendant committed (name misdemeanor or felony).

If you find from the evidence beyond a reasonable doubt that the

defendant wore [a mask] [a device] [clothing] to [conceal] [attempt to

conceal] the defendant’s identity at the time the defendant committed (name

misdemeanor or felony), it would be your duty to answer this question "yes."

If you do not so find, or have a reasonable doubt, it would be your duty

to answer this question "no." 2