N.C.P.I.—Crim. 219.10A

NOTE WELL: For offenses occurring before December 1,

1997, or if the value is less than one hundred thousand

dollars ($100,000), use N.C.P.I.—Crim. 219.10.

The defendant has been charged with obtaining property worth

$100,000 or more by false pretenses.

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

prove six things beyond a reasonable doubt:

First, that the defendant made a representation to another.

Second, that this representation was false.

Third, that this representation was calculated and intended to

deceive.1

Fourth, that the victim was in fact deceived by this representation.

Fifth, that the defendant thereby [obtained] [attempted to obtain]

property from the victim.2

And Sixth, that the property was worth $100,000 or more.

NOTE WELL: In appropriate cases, instruct the jury as

follows: “The State is not required to establish that all

of the acts constituting the crime occurred in this State

or within a single city, county, or local jurisdiction of

this State, and it is no defense that not all of the acts

constituting the crime occurred in this State or within a

single city, county, or local jurisdiction of this State.”

N.C.G.S.14-100 (b1).

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

about the alleged date, the defendant made a representation and that

this representation was false, that this representation was calculated and

intended to deceive, that the victim was in fact deceived by it, that the

defendant thereby [obtained] [attempted to obtain] property from the

victim, and that the property was worth $100,000 or more, it would be

your duty to return a verdict of guilty of obtaining property worth

$100,000 or more by false pretenses. 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 obtaining property worth $100,000 or more by false

pretenses, but you must determine whether the defendant is guilty of

obtaining property by false pretenses. Obtaining property by false

pretenses differs from obtaining property worth $100,000 or more by false

pretenses in that the value of the property need not be worth $100,000

or more.3

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

about the alleged date, the defendant made a representation and that

this representation was false, that this representation was calculated and

intended to deceive, that the victim was in fact deceived by it, and that

the defendant thereby [obtained] [attempted to obtain] property from the

victim, 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.