N.C.P.I.—Crim. 214.44

The defendant has been charged with preparation to commit breaking

or entering into a motor vehicle by [buying] [selling] [transferring] a motor

vehicle [master key] 1 [manipulative key] 2 [key cutting device] [lock-picking

device] [hot wiring device].

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

prove four things beyond a reasonable doubt:

First, that the defendant willfully [bought] [sold] [transferred] a motor

vehicle [master key]1 [manipulative key]2 [key cutting device] [lock-picking

device] [hot wiring device].

Second, that the defendant [bought] [sold] [transferred] this device

with the intent to commit a(n) [felony] [larceny] [unauthorized use] of a

motor propelled conveyance. (Description of the crime) is a [felony][larceny]

[unauthorized use of a motor propelled conveyance]. A (description of the

vehicle) is a motor propelled conveyance.

Third, that the motor vehicle [master key] [manipulative key] [key

cutting device] [lock-picking device] [hot wiring device] was [[designed to]

[capable of]] [open(ing) the [door] [trunk] of any motor vehicle] [start(ing)

the engine of a motor vehicle].

And Fourth, that on (name date) the defendant, in (name court) [was

convicted of] [pled guilty to] the [misdemeanor] [felony] of preparation to

commit breaking or entering into a motor vehicle, that was committed on

(name date) in violation of the laws of the State of North Carolina.

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

about the alleged date the defendant willfully [bought] [sold] [transferred] a

motor vehicle [master key] [manipulative key] [key cutting device] [lock-picking device] [hot wiring device] with the intent to commit a [felony]

[larceny] [unauthorized use of a motor propelled conveyance], that the

motor vehicle [master key] [manipulative key] [key cutting device] [lock-picking device] [hot wiring device] was [[designed to] [capable of]]

open(ing) the [door] [trunk] of any motor vehicle] [start(ing) the engine of a

motor vehicle], and that on (name date) the defendant, in (name court)

[was convicted of] [pled guilty to] the [misdemeanor] [felony] of preparation

to commit breaking or entering into a motor vehicle, that was committed on

(name date) in violation of the laws of the State of North Carolina; 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, then you would not

return a verdict of guilty of felonious preparation to commit breaking or

entering into a motor vehicle but would consider whether the defendant is

guilty of non-felonious preparation to commit breaking or entering into a

motor vehicle, which differs from the felony in that the State need not prove

that the defendant had previously been convicted of preparation to commit

breaking into a motor vehicle.

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

about the alleged date the defendant willfully [bought] [sold] [transferred] a

motor vehicle [master key] [manipulative key] [key cutting device] [lock-picking device] [hot wiring device] with the intent to commit a [felony]

[larceny] [unauthorized use of a motor propelled conveyance], that the

motor vehicle [master key] [manipulative key] [key cutting device] [lock-picking device] [hot wiring device] was [[designed to] [capable of]]

[[open(ing) the [door] [trunk] of any motor vehicle] [start(ing) the engine of

a motor vehicle], 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.