N.C.P.I.—Crim. 218.10A

NOTE WELL: This instruction applies to offenses

occurring between December 1, 1997 and November 31,

2009. For offenses occurring on or after December 1,

2009, use N.C.P.I.-Crim 218.15A.

The defendant has been charged with embezzlement of $100,000 or

more, which occurs when a(n) (name fiduciary capacity) rightfully receives

property in his role as (name fiduciary capacity) and then intentionally,

fraudulently and dishonestly uses it for some purpose other than that for

which he received it.

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

prove four things beyond a reasonable doubt:

First, that the defendant was a(n) (name fiduciary capacity) of the

victim.1

Second, that while acting as the victim's (name fiduciary capacity),

the defendant rightfully received (describe property).

Third, that the defendant intentionally,2 fraudulently and

dishonestly used (describe property) for some purpose other than that for

which he received it.

And Fourth, that the value of the property was $100,000 or more.

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

about the alleged date, the defendant rightfully received (describe

property) as a(n) (name fiduciary capacity) of the victim and that he

intentionally, fraudulently and dishonestly used that property for some

purpose other than that for which he received it, and that the value of

the property was $100,000 or more, it would be your duty to return a

verdict of guilty of embezzlement of $100,000 or more. 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 embezzlement of $100,000 or more,3

but will determine whether the defendant is guilty of embezzlement of

less than $100,000.

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

about the alleged date, the defendant rightfully received (describe

property) as a(n) (name fiduciary capacity) of the victim and that he

intentionally, fraudulently and dishonestly used that property for some

purpose other than that for which he received it, it would be your duty to

return a verdict of guilty of embezzlement. However, 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.