N.C.P.I.—Crim. 216.07

NOTE WELL: Pursuant to N.C. Gen. Stat. § 14-72.5(c),

the court shall report final convictions of violations of

this section to the Division of Motor Vehicles, and the

Division shall revoke a person's drivers license for a

second or subsequent conviction of this section. See

also N.C. Gen. Stat. § 20-17(a)(16). Pursuant to N.C.

Gen. Stat. § 20-16(e2), a judge may allow the person

whose license was revoked a limited driving privilege

for a period not to exceed the period of revocation.

The defendant has been charged with larceny of motor fuel1 valued

at less than $1,000.2

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

prove five things beyond a reasonable doubt:

First, that the defendant took3 motor fuel belonging to the victim

which was valued at less than $1,000.

Second, that the defendant carried away4 the motor fuel.

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

away of the motor fuel.

Fourth, that at the time of the taking, the defendant intended 5 to

steal the motor fuel and to deprive the victim of its use permanently.6

And Fifth, that the defendant knew the defendant was not entitled7

to take the motor fuel.

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

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

motor fuel valued at less than $1,000 without the victim's consent,

knowing that the defendant was not entitled to take it and intending at

that time to steal the fuel and deprive the victim of its use permanently,

it would be your duty to return a verdict of guilty. 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.