N.C.P.I.—Crim. 214.46

NOTE WELL: 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. See N.C.G.S. § 14-56(b).

NOTE WELL: This instruction would be used where the motor

vehicle was owned or operated by any law enforcement agency,

the North Carolina National Guard, or any Branch of the Armed

Forces of the United States regardless of the value of the goods

involved.

NOTE WELL: For breaking or entering into a motor vehicle not

owned by any law enforcement agency, the North Carolina

National Guard, or any Branch of the Armed Forces of the United

States 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.

The defendant has been charged with breaking or entering into a

motor vehicle [owned] [operated] by [any law enforcement agency] [the

North Carolina National Guard] [any Branch of the Armed Forces of the United

States] with the intent to commit a felony or larceny therein.2

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

prove seven 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 vehicle4 which was [broken into] [entered]

[broken into or entered].

Third, that the motor vehicle was [owned] [operated] by [any law

enforcement agency] [the North Carolina National Guard] [any branch of the

Armed Forces of the United States].

Fourth, that the defendant [knew] [reasonably should have known] that

the motor vehicle was [owned] [operated] by [any law enforcement agency]

[the North Carolina National Guard] [any branch of the Armed Forces of the

United States].

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

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

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

[breaking or entering].

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

entering], the defendant intended5 to commit [larceny] [the felony of (name

felony)] therein. ([Define the felony and enumerate its elements using the

Pattern Jury Instruction for that felony)].6 [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

or 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] a motor vehicle [owned] [operated] by

[any law enforcement agency] [the North Carolina National Guard] [any

branch of the Armed Forces of the United States] which contained [goods]

[wares] [freight] [other thing of value (describe other thing of value)], that

defendant [knew] [reasonably should have known] that the motor vehicle was

[owned] [operated] by [any law enforcement agency] [the North Carolina

National Guard] [any branch of the Armed Forces of the United States], and

intended at that time to commit [larceny] [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.7