N.C.P.I.—Crim. 219B.80

NOTE WELL: If the defendant’s actions caused the

victim to be arrested, detained, or convicted of a

criminal offense, then use N.C.P.I.—Crim 219B.80A.

The defendant has been charged with identity theft.

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

prove two things beyond a reasonable doubt.

First, that the defendant [obtained] [possessed] [used] personal

identifying information1 of another person. (Name type of identifying

information, e.g., social security number) would be personal identifying

information.

And Second, that the defendant acted knowingly and with the

intent2 to fraudulently represent that the defendant was that other

person for the purpose of [making [financial] [credit] transactions in the

other person's name] [obtaining anything of [value] [benefit]

[advantage]] [avoiding legal consequences].

NOTE WELL: Until December of 2002, lack of consent

of the victim was an element of the offense.

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

about the alleged date the defendant [obtained] [possessed] [used]

personal identifying information of another person and that the defendant

did so knowingly, with the intent to fraudulently represent that the

defendant was that other person for the purpose of [making [financial]

[credit] transactions in that other person's name] [obtaining anything of

[value] [benefit] [advantage]] [avoiding legal consequences], 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.