N.C.P.I.—Crim. 216.38

First, that the defendant took1 law enforcement equipment

belonging to another person. Law enforcement equipment means any

equipment owned or operated by a law enforcement agency, and used by

law enforcement agencies to conduct law enforcement operations. ((Name

equipment enumerated in N.C.G.S. § 14-92.9(a)(1)) is law enforcement

equipment.)2

Second, that the defendant carried away3 the law enforcement

equipment.

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

carrying away of the law enforcement equipment.

Fourth, that at the time, the defendant intended to deprive the

alleged victim of its use permanently.4

Fifth, that the defendant knew the defendant was not entitled to

take the law enforcement equipment.

Sixth, that the law enforcement equipment was taken from a law

enforcement vehicle. A law enforcement vehicle is a motor vehicle,

railroad car, trailer, aircraft, or boat or other watercraft, owned or

operated by a law enforcement agency, the North Carolina National

Guard, or any branch of the Armed Forces of the United States.5

Seventh, that the defendant knew or reasonably should have known

that the [railroad car] [motor vehicle] [trailer] [aircraft] [boat or other

watercraft] was owned or operated by [a law enforcement agency] [the

North Carolina National Guard] [(name branch of the United States Armed

Forces)].

Eighth, that the defendant knew or reasonably should have known

that the property was law enforcement equipment.

And Ninth, that the law enforcement equipment was worth more

than $1,000.

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 law enforcement equipment without the alleged victim’s consent,

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

time to deprive the alleged victim of its use permanently, which the

defendant knew or reasonably should have known was law enforcement

equipment, and that the law enforcement equipment was taken from a

law enforcement vehicle, which the defendant knew or reasonably should

have known was a law enforcement vehicle, and that the law enforcement

equipment was worth more than $1,000, it would be your duty to return a

verdict of guilty of felonious larceny of law enforcement equipment worth

more than $1,000. If you do not so find or have a reasonable doubt as to

one or more of these things, you will not return a verdict of guilty of

felonious larceny of law enforcement equipment worth more than $1,000,

but must determine whether the defendant is guilty of felonious larceny

of law enforcement equipment. Felonious larceny of law enforcement

equipment differs from felonious larceny of law enforcement equipment

worth more than $1,000 in that the law enforcement equipment need not

be worth more than $1,000.

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 law enforcement equipment without the alleged victim’s consent,

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

time to deprive the alleged victim of its use permanently, which the

defendant knew or reasonably should have known was law enforcement

equipment, and that the law enforcement equipment was taken from a

law enforcement vehicle, which the defendant knew or reasonably should

have known was a law enforcement vehicle, and that the law enforcement

equipment was not worth more than $1,000, it would be your duty to

return a verdict of guilty of felonious larceny of law enforcement

equipment. 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.6