N.C.P.I.—Crim. 214.11

The defendant has been charged with second degree burglary.

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

prove four things beyond a reasonable doubt:

First, that the defendant broke1 and entered2 a [dwelling house3]

[sleeping apartment] [house within the curtilage4 of a dwelling house]

[building in which a room was used as a sleeping apartment].

Second, that the breaking and entering was during the nighttime.5

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

and entering.

And Fourth, that at the time of the breaking and entering the

defendant intended to commit (name and define felony)6 in the [dwelling

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

house] [building in which a room was used as a 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 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 burglary7 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 is enough; the building8

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

or 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

entering9 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 or 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.