N.C.P.I.—Crim. 222.26

The defendant has been charged with the crime of trespass on the

property of an [energy facility] [describe other facility].

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

three things beyond a reasonable doubt:

First, that the defendant without authorization [entered into] [remained

[in] [on]] [[the building of another] [the lands of the Eastern Band of Cherokee

Indians] [the premises of another so [enclosed] [secured] as to demonstrate

clearly an intent to keep out intruders] [after having been excluded by a

resolution passed by the Eastern Band of Cherokee Indian Tribal Council]];

Second, that the premises were:

a) [[a facility1 [used] [available] for use in the [collection]

[treatment] [testing] storing] [pumping] [distribution] of water

for a public water system];

b) [a facility [used] [operated] for agricultural2 activities];

c) [an energy facility3];

d) [a facility owned by [a public utility4] [a unit of local government]

used for the treatment of wastewater, including [sewage]

[industrial waste] [other wastes of a liquid nature]];

And Third, that the defendant actually [entered a building] [climbed

over] [went under] [(otherwise) surmounted a [fence] [describe other

barrier]] to reach the facility].

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

about the alleged date the defendant without authorization [entered into]

[remained [in] [on]] [[the building of another] [the lands of the Eastern Band

of Cherokee Indians] [the premises of another so [enclosed] [secured] as to

demonstrate clearly an intent to keep out intruders] [after having been

excluded by a resolution passed by the Eastern Band of Cherokee Indian Tribal

Council]], that the premises were:

a) [[a facility [used] [available] for use in the [collection] [treatment]

[testing] [storing] [pumping] [distribution] of water for a public

water system];

b) [a facility [used] [operated] for agricultural activities];

c) [an energy facility],

d) [a facility owned by [a public utility] [a unit of local government]

used for the treatment of wastewater, including [sewage]

[industrial waste] [other wastes of a liquid nature]],

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, then it would be your

duty to return a verdict of not guilty.5