N.C.P.I.—Crim. 233.47

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

prove two things beyond a reasonable doubt:

First, that defendant was in the custody of [the Division of Adult

Correction and Juvenile Justice of the Department of Public Safety] [a

local confinement facility1] [any law enforcement officer]2. (Name facility

or custodial officer) is [within the Division of Adult Correction and

Juvenile Justice of the Department of Public Safety] [a local confinement

facility] [a law enforcement officer].

And Second, that while the defendant was [a prisoner of] [in the

custody of] (name facility or custodial officer), the defendant possessed

a [letter] [weapon] [tool] [good] [article of clothing] [device]

[instrument] to [effect an escape] [aid in an [assault] (or) [insurrection]].

A person possesses (name item) when the person is aware of its

presence, and has both the power and intent to control the disposition or

use of that substance.

NOTE WELL: If constructive possession is an issue, or

if an amplified definition of actual possession is

needed, the trial judge should refer to N.C.P.I.-

Crim. 104.41 for further instructions.

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

about the alleged date the defendant was in the custody of [the Division

of Adult Correction and Juvenile Justice of the Department of Public

Safety] [a local confinement facility] [law enforcement officer] and that

defendant possessed a [letter] [weapon] [tool] [good] [article of

clothing] [device] [instrument] to [effect an escape] [aid in an [assault]

(or) [insurrection]], 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.