N.C.P.I.—Crim. 216.90

The defendant has been charged with unauthorized use of a

conveyance.

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

prove four things beyond a reasonable doubt:

First, that the defendant [took] [operated] a (describe

conveyance).1

Second, that this (describe conveyance) was the property of

another.

Third, that the defendant did not have the express or implied

consent of the [owner] [person in lawful possession] to [take] [operate]

it.

(A person gives express consent when he agrees in fact to the

specific act of another. A person gives implied consent, even if he does

not intend to do so, when he acts in such a way as to create in the mind

of another person the reasonable belief that he has agreed to an act of

that person.)

(2The mere fact that [owner] [person in lawful possession] may

have consented on a prior occasion to the defendant's [taking]

[operating] (name conveyance) (or another conveyance) does not, of

itself, establish that the [owner] [person in lawful possession] consented

to the defendant's [taking] [operation] on this occasion. However, any

prior consent by the [owner] [person in lawful possession] would be

evidence which you may consider along with all the other evidence in this

case in determining whether any belief on the part of the defendant was

reasonable.)

And Fourth, that the defendant acted willfully, knowing that he was

not entitled to [take] [operate] the (describe conveyance).

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

about the alleged date, the defendant willfully [took] [operated] a

(describe conveyance) that was the property of another and that the

[owner] [person in lawful possession] did not expressly or impliedly

consent, 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.