N.C.P.I.—Crim. 214.10

The defendant has been charged with first degree burglary, which is

breaking and entering in the nighttime of another person’s occupied

[dwelling house] [room used as a sleeping apartment] without that person’s

consent, and with the intent to commit (name felony).

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

prove five things beyond a reasonable doubt:

First, that the defendant broke 1 and entered 2 a [dwelling house 3]

[sleeping apartment]. Second, that the breaking and entering was during

the nighttime. 4

Third, that at the time of the breaking and entering the [dwelling

house] [sleeping apartment] was occupied.

Fourth, that the [owner] [tenant] did not consent to the breaking and

entering.

And Fifth, that at the time of the breaking and entering the defendant

intended to commit (name and define felony) 5 within the [dwelling house]

[sleeping apartment].

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

about the alleged date, the defendant broke into and entered an occupied

[dwelling house] [sleeping apartment] without the [owner's] [tenant's]

consent, during the nighttime, and at that time intended to commit (name

felony) therein, it would be your duty to return a verdict of guilty of first

degree burglary. If you do not so find or have a reasonable doubt as to one

or more of these things, you will not return a verdict of guilty of first degree

burglary, 6 but would consider whether the defendant is guilty of second

degree burglary. Second degree burglary differs from first degree burglary in

that the State need not prove that the structure involved was occupied at

the time of the burglary. 7

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

about the alleged date, the defendant broke and entered a [dwelling house]

[sleeping apartment] [house within the curtilage of a dwelling house]

[building in which a room is used as a sleeping apartment] without the

consent of the [owner] [tenant], during the nighttime, and at that time

intended to commit (name felony) therein, it would be your duty to return a

verdict of guilty of second degree burglary. If you do not so find or have a

reasonable doubt as to one or more of these things, you will not return a

verdict of guilty of second degree burglary, 8 but would consider whether the

defendant is guilty of felonious breaking or entering. Felonious breaking or

entering differs from burglary in that both a breaking and an entry are not

necessary. Either a breaking or an entry is enough. Furthermore, the

building 9 that was involved need not have been a [dwelling house] [sleeping

apartment], and the breaking or entry need not have been in the nighttime.

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

about the alleged date, the defendant [broke into] [entered] [broke into and

entered] a building without the consent of the [owner] [tenant], intending at

that time to commit (name felony) therein, it would be your duty to return a

verdict of guilty of felonious breaking or entering. If you do not so find or

have a reasonable doubt as to one or more of these things, you will not

return a verdict of guilty of felonious breaking or entering, 10 but would

consider whether the defendant is guilty of non-felonious breaking or

entering. Non-felonious breaking or entering differs from felonious breaking

or entering in that it need not be done with the intent to commit a felony so

long as the breaking or entering was wrongful, that is, without any claim of

right.

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

about the alleged date, the defendant wrongfully [broke into] [entered]

[broke into and entered] another person's building without that person’s

consent, it would be your duty to return a verdict of guilty of non- felonious

breaking or entering. If you do not so find or if you have a reasonable doubt

as to one or more of these things, it would be your duty to return a verdict

of not guilty.