N.C.P.I.—Crim. 216.45

The defendant has been charged with feloniously receiving stolen

goods.

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

prove five things beyond a reasonable doubt:

First, that the property was stolen by someone other than the

defendant.

Second, that this property was stolen [during a burglary] [following

a breaking or entering].1 [Burglary is the breaking and entering of the

[dwelling house] [sleeping apartment] of another without his consent in

the nighttime with the intent to commit a felony.] [Breaking or entering

is the breaking into or entering into another's building without his

consent.]

Third, that the defendant [received] [concealed] the property.2

Fourth, that the defendant [received] [concealed] this property with

a dishonest purpose. (State what purpose was, e.g., permanently

depriving the owner of his property) is a dishonest purpose.

And Fifth, that the defendant at the time he [received] [concealed]

this property knew3 or had reasonable grounds to believe that it was

stolen [during a burglary] [following a breaking or entering].

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

about the alleged date, the defendant, with a dishonest purpose,

[received] (or) [concealed] property which he knew or had reasonable

grounds to believe someone else had stolen [during a burglary] [following

a breaking or entering], it would be your duty to return a verdict of guilty

of feloniously receiving stolen goods. 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 feloniously receiving stolen goods4 but must determine

whether the defendant is guilty of non-feloniously receiving stolen goods.

Non-feloniously receiving stolen goods differs from feloniously receiving

stolen goods in that it is not necessary for the State to prove beyond a

reasonable doubt that the property was stolen [during a burglary]

[following a breaking or entering].

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

about the alleged date, the defendant, with a dishonest purpose,

[received] (or) [concealed] property which he knew or had reasonable

grounds to believe someone else had stolen, it would be your duty to

return a verdict of guilty of non-feloniously receiving stolen goods. 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.