N.C.P.I.—Crim. 214.40

NOTE WELL: G.S. 14-56 was amended, effective December 1,

2015. For offenses committed after December 1, 2015, it is not a

violation of this statute when a person breaks or enters a motor

vehicle, boat, etc., to provide assistance to a person inside

needing first aid or emergency health care treatment.

NOTE WELL: Defendant may be charged with intent to commit a

felony other than larceny. For breaking or entering into a motor

vehicle with the intent to commit a felony, see N.C.P.I—Crim

214.40A.

NOTE WELL: This instruction covers any offense not covered under

N.C. Gen. Stat. § 14-56(a2)(1)-(4), for example, the larceny of

goods valued under $1,500. For breaking or entering into a motor

vehicle and larceny of goods with a value exceeding [$1,500 but

no more than $20,000] [$20,000 but no more than $50,000]

[$50,000 but no more than $100,000] [$100,000], see N.C.P.I—

Crim 214.40B.

NOTE WELL: For offenses involving motor vehicles owned or

operated by any law enforcement agency, the North Carolina

National Guard or any branch of the Armed Forces of the United

States, use N.C.P.I—Crim 214.46.

The defendant has been charged with breaking or entering into a

motor vehicle with the intent to commit larceny therein.2

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

prove five things beyond a reasonable doubt:

First, that there was

[a breaking3 by the defendant. (State how breaking allegedly occurred)

would be a breaking.]

[an entry by the defendant. (State how entry allegedly occurred) would

be an entry.]

[either a breaking or an entry by the defendant. (State how breaking

allegedly occurred) would be a breaking. (State how entry allegedly occurred)

would be an entry.]

Second, that it was a motor vehicle which was [broken into] [entered]

[broken into or entered].

Third, that there [[was] [were]] [goods] [wares] [freight] [other thing

of value (describe other thing of value)] in the motor vehicle.

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

[breaking or entering].

And Fifth, that at the time of the [breaking] [entering] [breaking or

entering], the defendant intended4 to commit larceny therein. Larceny is the

taking and carrying away of the personal property of another without that

person’s consent with the intent to deprive that person of its possession

permanently. (If you find that the defendant was found in the motor vehicle

and that the defendant had no lawful purpose for being there, you are

permitted but not required to infer from this that the defendant entered with

the intent to commit larceny therein.)

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

about the alleged date, the defendant without the consent of the owner [broke

into] [entered] [broke into or entered] another's motor vehicle which

contained [goods] [wares] [freight] [other thing of value (describe other thing

of value)], intending at that time to commit larceny therein, 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.

For you to find the defendant guilty of larceny, the State must prove

five things beyond a reasonable doubt:

First, that the defendant took [goods] [wares] [freight] [other thing of

value (describe other thing of value)] belonging to another person.5

Second, that the defendant carried away the [goods] [wares] [freight]

[other thing of value (describe other thing of value)].6

Third, that the alleged victim did not consent to the taking and carrying

away of the [goods] [wares] [freight] [other thing of value (describe other

thing of value)].

Fourth, that at the time of the taking, the defendant intended to deprive

the alleged victim of [its] [their] use permanently.7

Fifth, that the defendant knew the defendant was not entitled to take

the [goods] [wares] [freight] [other thing of value (describe other thing of

value)].8

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

about the alleged date, the defendant took and carried away another person's

[goods] [wares] [freight] [other thing of value (describe other thing of value)]

without that person’s consent knowing that they were not entitled to take it

and intending at that time to deprive that person of [its] [their] use

permanently, it would be your duty to return a verdict of guilty of larceny. 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 on the

larceny count.