N.C.P.I.—Crim. 210.15

The defendant has been charged with false imprisonment, which is

the unlawful detention of a human being against his will.

For you to find the defendant guilty of this offense, the State must

prove two things beyond a reasonable doubt:

First, that the defendant unlawfully2 [restrained] [detained] a

person.

And Second, that such restraint was against that person's will, that

is, that the person did not consent to such [restraint] [detention].3

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

about the alleged date, the defendant unlawfully [restrained] [detained]

the person and that person did not consent to such [restraint]

[detention], it would be your duty to return a verdict of guilty. If you do

not so find or have a reasonable doubt as to one or more of these things,

it would be your duty to return a verdict of not guilty.

NOTE WELL: If the defendant contends that he acted

lawfully, give appropriate instructions after the second

element and in the mandate. For example, if the

defendant contends that he was a merchant lawfully

detaining a suspected shoplifter, give the following

instruction after the second element:

(If the defendant4 at the time of the detention, had probable cause

that is reasonable grounds5 to believe that the person, while still on the

premises, had willfully concealed merchandise of the merchant not

theretofore purchased by that person, and if the defendant detained that

person in a reasonable manner and for a reasonable length of time, the

defendant's detention of that person would be lawful and the defendant

would not be guilty. If, however, the defendant did not have probable

cause, or if the detention was in an unreasonable manner or for an

unreasonable length of time, the defendant's detention of that person

would be unlawful.6 The State has the burden of proving beyond a

reasonable doubt that the defendant acted unlawfully.

In addition, the following mandate should be given:

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

about the alleged date, the defendant [restrained] [detained] the person,

and that the defendant did so unlawfully [because he did not have

probable cause to believe that person had, while still on the premises of

the business willfully concealed the merchandise of the business, not

theretofore purchased by that person] [because the defendant detained

the person [in an unreasonable manner] [for an unreasonable length of

time]] and that the person did not consent to such [restraint]

[detention], it would be your duty to return a verdict of guilty. If you do

not so find or have a reasonable doubt as to one or more of these things,

it would be your duty to return a verdict of not guilty).