NC · jury_instructions
N.C.P.I.—Crim. 222.52
FELONIOUS DESECRATION OF A GRAVESITE. FELONY.
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 felonious desecration of a
gravesite.
For you to find the defendant guilty of this offense, the State must
prove three 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].
Second, that the defendant acted willfully.
And Third, that the damage caused was $1,000 (or more).
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]
and the damage caused was $1,000 (or more), 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.3
History
N.C.P.I.—Crim. 222.52 (June 2008). N.C. Gen. Stat. § 14-148(a). 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
f7e866ddda5a6dd3f784a2ffb47ac83b6eef67d96d8d8babac448bb3fe8d9964
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