N.C.P.I.—Crim. 222.85

NOTE WELL: Use this instruction only if the defendant

denies a previous conviction under N.C. Gen. Stat. §14-

127.1 or remains silent. If the defendant admits the

previous conviction, use N.C.P.I-Crim. 222.80, the

misdemeanor offense. See N.C. Gen. Stat. § 15A-928

for provisions regarding indictment, bifurcated trial,

verdict, and judgment. See also N.C.P.I.-Crim. 204.05

for a model instruction for bifurcated proceedings. This

instruction is effective for offense occurring on or after

December 1, 2015.

The defendant has been charged with graffiti vandalism.1

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

prove four things beyond a reasonable doubt:

First, that on or about the alleged date, (name date), the

defendant [wrote] [scribbled] [marked] [painted] [defaced] [besmeared]

(on) [the walls of [[public] [private] real property]] [cemetery tombstone]

[cemetery monument] [public [building] [facility]]2 [[statute] [monument]

situated in a public place], using (a) [pen] [paint] [marker].3

Second, that the defendant acted unlawfully, that is, knowingly and

without the consent of any person authorized to give consent.

Third, that defendant [was convicted of] [pled guilty to] the offense

of graffiti vandalism on (name date) in (name court) in violation of the

law of the [State of North Carolina], which occurred prior to (name date

alleged in first element)]4.

And Fourth, that defendant [was convicted of] [pled guilty to] the

offense of graffiti vandalism on (name date) in (name court) in violation

of the law of the [State of North Carolina], which occurred prior to (name

date alleged in third element).

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

about (name date alleged in the first element), the defendant unlawfully

[wrote] [scribbled] [marked] [painted] [defaced] [besmeared] (on) [the

walls of [[public] [private] real property]] [cemetery tombstone]

[cemetery monument] [[public [building] [facility]] [statute] [monument]

situated in a public place], using (a) [pen] [paint] [marker], that

defendant [was convicted of] [pled guilty to] the offense of graffiti

vandalism on (name date) in (name court) in violation of the law of the

[State of North Carolina] which occurred prior to (name date alleged in

first element)], and that defendant [was convicted of] [pled guilty to] the

offense of graffiti vandalism on (name date) in (name court) in violation

of the law of the [State of North Carolina], which occurred prior to (name

date alleged in third element), then 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, it would be your duty to return a verdict of

not guilty.5