N.C.P.I.—Crim. 214.40A

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: For breaking or entering into a motor vehicle and

larceny of goods, see N.C.P.I—Crim 214.40. 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 a felony 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 the felony of (name felony).

(Define the felony and enumerate its elements using the Pattern Jury

Instruction for that felony).5 (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 a felony 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 the felony of (name felony)

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.