N.C.P.I.—Crim. 222.28

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

property of an electric power supplier.

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

prove four things beyond a reasonable doubt:

First, that the defendant [entered into] [remained in] [[the building of

another] [on the premises of another so [enclosed] [secured] as to

demonstrate clearly an intent to keep out intruders]];

Second, that the [building] [premise] was:

a) [[a facility1 [owned] [operated] by an electric power supplier and

was a(n) [electric generation facility] [transmission substation]

[transmission switching station] [transmission switching structure]

[control center used to manage transmission operations or electrical

power generating at multiple plant locations]];

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

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

water system];

c) [[a facility including any [liquefied natural gas storage facility]

[propane air facility] that was [owned] [operated] by a [natural gas

local distribution company] [natural gas pipeline] operating under a

certificate of public convenience and necessity from the [Utilities

Commission] [municipal corporation operating a municipally owned

gas distribution system] [regional natural gas district organized and

operated for [transmission] [distribution] [measurement] [testing]

[regulating] [compression] [control] [storage] of natural gas];

Third, that the defendant [entered a building] [[climbed over] [went

under] [(otherwise) surmounted a [fence] [describe other barrier]] to reach

the facility];

And Fourth, that the offense [was committed with the intent to disrupt

the normal operation of (describe facility)] [involved an act that placed [the

offender] [another person] on the premises at risk of serious bodily injury].2

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

about the alleged date the defendant [entered into] [remained in] without

authorization [the building of another] [on the premises of another so

[enclosed] [secured] as to demonstrate clearly an intent to keep out

intruders]] that the [building] [premise] was:

a) [[a facility [owned] [operated] by an electric power supplier and

was a(n) [electric generation facility] [transmission substation]

[transmission switching station] [transmission switching

structure] [control center used to manage transmission

operations or electrical power generating at multiple plant

locations]];

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

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

for a public water system];

c) [[a facility including any [liquefied natural gas storage facility]

[propane air facility] that was [owned] [operated] by a [natural

gas local distribution company] [natural gas pipeline] operating

under a certificate of public convenience and necessity from the

[Utilities Commission] [municipal corporation operating a

municipally owned gas distribution system] [regional natural gas

district organized and operated for [transmission] [distribution]

[measurement] [testing] [regulating] [compression] [control]

[storage of natural gas]], the defendant [entered a building]

[climbed over] [went under] [(otherwise surmounted) a [fence]

[describe other barrier]] to reach the facility], and that the

offense was [committed with to intent to disrupt the normal

operation of the facility (describe facility)] [involved an act that

placed [the offender] [another person] on the premises at risk of

serious bodily injury],

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.3