N.C.P.I.—Crim. 216.52

The defendant has been charged with larceny by [price tag] [product

code] [price mechanism] change.

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

three things beyond a reasonable doubt:

First, that the defendant

a. [transferred a [price tag] [product code] [price mechanism] from

[goods] [merchandise] in a store to other [goods] [merchandise]

having a higher selling price.]

b. [marked [goods] [merchandise] in a store at a lower price than shown

on the price tag.]

c. [[substituted] [superimposed] a false price tag on [goods]

[merchandise] in a store.]

Second, that the defendant acted willfully and without authority, that is,

the defendant acted intentionally and without justification or excuse.

And Third, that the defendant presented the [goods] [merchandise] for

purchase at the changed lower price.

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

about the alleged date, the defendant willfully and without authority

a. [transferred a [price tag] [product code] [price mechanism] from

[goods] [merchandise] in a store to other [goods] [merchandise]

having a higher selling price.]

b. [marked [goods] [merchandise] in a store at a lower price than shown

on the price tag.]

c. [[substituted] [superimposed] a false price tag on [goods]

[merchandise] in a store], and then presented the [goods]

[merchandise] for purchase at the changed lower price, 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.

NOTE WELL: N.C. Gen. Stat. § 14-72.1(e) changes the

misdemeanor offense classification for subsequent convictions

determined at the sentencing hearing.