NC · jury_instructions
N.C.P.I.—Crim. 216.59C
ASSAULT DURING ORGANIZED RETAIL THEFT. MISDEMEANOR.
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)1 to commit theft of retail property2 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.3
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 value4 of the retail property exceeded $1,000.
And Third, that the defendant committed an act of assault and
battery5 against [an employee of the retail establishment] [an
independent contractor of the retail establishment] [a law enforcement
officer] in the commission of the theft.
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 $1,000, and
that the defendant committed an act of assault and battery against [an
employee of the retail establishment] [an independent contractor of the
retail establishment] [a law enforcement officer] in the commission of the
theft, 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.
History
N.C.P.I.—Crim. 216.59C (June 2023). N.C. Gen. Stat. § 14-86.7(b). 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
638d19d3db7e995441cc38b0881614d28693b290079cbffd58e0c2deff2e35c1
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