NC · jury_instructions
N.C.P.I.—Crim. 222.18
FELONIOUS INJURY TO FENCES OR WALLS INCLUDING LESSER OFFENSE.
The defendant has been charged with unlawfully and willfully
[burning1] [destroying] [pulling down] [defacing] [injuring] [removing] a
[[fence] [wall] [other enclosure (describe enclosure)]] [surrounding]
[about] a [yard] [garden] [cultivated field or pasture] [church] [graveyard]
[factory] [house in which machinery is used] resulting in damage of more
than five thousand dollars ($5,000).
For you to find the defendant guilty of this offense, the State must
prove two things beyond a reasonable doubt:
First, that the defendant willfully, that is without justification or
excuse, [burned] [destroyed] [pulled down] [defaced] [injured] [removed]
a [[fence] [wall] [other enclosure (describe enclosure)]] [surrounding]
[about] a [yard] [garden] [cultivated field or pasture] [church] [graveyard]
[factory] [house in which machinery is used].
And Second, that the defendant’s action resulted in damage of
more than five thousand dollars ($5,000).
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant willfully [burned] [destroyed]
[pulled down] [defaced] [injured] [removed] a [[fence] [wall] [other
enclosure (describe enclosure)]] [surrounding] or [about] a [yard]
[garden] [cultivated field or pasture] [church] [graveyard] [factory] [house
in which machinery is used] and that the defendant’s action resulted in
damage of more than five thousand dollars ($5,000), it would be your
duty to return a verdict of guilty of felonious injury to fences or walls. If
you do not so find or have a reasonable doubt as to one or both of these
things, you would not return a verdict of guilty of felonious injury to
fences or walls, but you must determine whether the defendant is guilty
of misdemeanor injury to fences or walls. This offense differs from
felonious injuring fences or walls in that it is not necessary that the State
prove beyond a reasonable doubt that the damage was more than five
thousand dollars ($5,000).
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant willfully [burned] [destroyed]
[pulled down] [defaced] [injured] [removed] a [[fence] [wall] [other
enclosure (describe enclosure)]] [surrounding] [about] a [yard] [garden]
[cultivated field or pasture] [church] [graveyard] [factory] [house in which
machinery is used] and that the defendant’s action resulted in any
damage, it would be your duty to return a verdict of guilty of
misdemeanor injury to fences or walls. If you do not so find or have a
reasonable doubt as to one or both of these things, it would be your duty
to return a verdict of not guilty.
History
N.C.P.I.—Crim. 222.18 (June 2009). N.C. Gen. Stat. § 14-144. 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
48bb772e5b0d66859782960c3b43f245a47d70b1ff8e5e4b81f9455d427488ca
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