N.C.P.I.—Crim. 222.50

NOTE WELL: N.C. Gen. Stat. § 14-148(b) provides for

activities to which N.C. Gen. Stat. § 14-148(a) does

not apply.

NOTE WELL: According to N.C. Gen. Stat. § 14-148(c)

if the damage caused by the violation is one thousand

dollars or more the violation is a felony. Any other

violation is a misdemeanor.

The defendant has been charged with willfully desecrating a

grave.

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

prove two things beyond a reasonable doubt:

First, that the defendant

[(a) [threw] [placed] [put] any [[refuse] [garbage] [trash]] [[in]

[on]] a cemetery.]

[(b) [took away] [disturbed] [vandalized] [destroyed] [changed] the

location of any [stone] [brick] [iron] [(describe other material)]

[fence enclosing a cemetery].1

[(c) [took away] [disturbed] [vandalized] [destroyed] [tampered

with] any [shrubbery] [flowers] [plants] [(describe other articles)]

that were [planted] [placed] within any cemetery [to designate

where human remains are interred] [to preserve and perpetuate the

memory and name of any person].

And Second, that the defendant acted willfully.

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

about the alleged date, the defendant willfully

[(a) [threw] [placed] [put] any [[refuse] [garbage] [trash]] [[in]

[on]] a cemetery.

[(b) [took away] [disturbed] [vandalized] [destroyed] [changed] the

location of any [stone] [brick] [iron] [(describe other material)]

[fence enclosing a cemetery]

[(c) [took away] [disturbed] [vandalized] [destroyed] [tampered

with] any [shrubbery] [flowers] [plants] [(describe other articles)]

that were [planted] [placed] within any cemetery [to designate

where human remains are interred] [to preserve and perpetuate the

memory and name of any person],

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 both of these things (nothing else

appearing)2, it would be your duty to return a verdict of not guilty.