NC · jury_instructions
N.C.P.I.—Crim. 216.35
FELONIOUS LARCENY-PURSUANT TO BREAKING OR ENTERING OFFENSE WHERE THE PROPERTY IS WORTH MORE THAN $1,000. FELONY.
The defendant has been charged with felonious larceny.
For you to find the defendant guilty of this offense, the State must
prove six things beyond a reasonable doubt:
First, that the defendant took property belonging to another
person.
Second, that the defendant carried away1 the property.
Third, that the victim did not consent to the taking and carrying
away of the property.
Fourth, that at the time, the defendant intended to deprive him of
its use permanently.2
Fifth, that the defendant knew he was not entitled to take the
property.
And Sixth, that the property was taken from a building [during a
burglary] [after a breaking or entering],3 (or) [that the property was worth
more than $1000].
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 property without his consent knowing that he was not entitled to
take it and intending at that time to deprive the victim of its use
permanently, and that the defendant took the property from a building
[during a burglary] [after a breaking or entering] (or) [that the property
was worth more than $1000], it would be your duty to return a verdict of
guilty of felonious larceny. If you do not so find or if you have a
reasonable doubt as to one or more of these things, you will not return a
verdict of guilty of felonious larceny4 but must determine whether the
defendant is guilty of non-felonious larceny. Non-felonious larceny differs
from felonious larceny in that the State need not prove that the property
was taken from a building [during a burglary] [after a breaking or
entering] (or) [that the property was worth more than $1000].
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 property without his consent knowing that he was not entitled to
take it and intending at that time to deprive the victim of its use
permanently, it would be your duty to return a verdict of guilty of non-felonious 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.
History
N.C.P.I.—Crim. 216.35 (May 2002). N.C. Gen. Stat. §§ 14-70, 14-72(a), (b)(2). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f98bb6901c30492e48e06b7bc6242ec4ba8871661e39c79ead739c904ff63cad
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