N.C.P.I.—Crim. 216.57

NOTE WELL: For Organized Retail Theft of retail property with a

value exceeding $20,000, but not exceeding $50,000, aggregated

over a 90-day period use N.C.P.I.—Crim. 216.57A.

For Organized Retail Theft of retail property with a value

exceeding $50,000, but not exceeding $100,000, aggregated over

a 90-day period use N.C.P.I.—Crim. 216.57B.

For Organized Retail Theft of retail property with a value

exceeding $100,000 aggregated over a 90-day period use

N.C.P.I.—Crim. 216.57C.

The defendant has been charged with organized retail theft. 1

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

three things beyond a reasonable doubt:

First, that the defendant conspired with another person (name other

person) 2 to commit theft of retail property 3 from (a) retail establishment(s).

A conspiracy is an agreement between two or more people to do an unlawful

act or to do a lawful act in an unlawful manner. 4 Theft is the taking possession

of, carrying away, transferring, or causing to be carried away the retail

property of another with the intent to steal the retail property.

Second, that the value 5 of the retail property exceeded $1,500

aggregated over a 90-day period.

And Third, that the defendant intended 6 to [sell] [transfer] [possess]

that retail property for [monetary gain] [(describe other gain)].

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

about the alleged date, the defendant conspired with another person (name

other person) to commit theft of retail property from (a) retail

establishment(s), the value of the retail property exceeded $1,500 aggregated

over a 90-day period, and that the defendant intended to sell that retail

property for [monetary gain] [(describe other gain)], 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.