N.C.P.I.—Crim. 233.83

NOTE WELL: If the offense involves furnishing a controlled

substance to an inmate, use N.C.P.I.-Crim. 233.80. If the offense

involves furnishing a deadly weapon, cartridge or ammunition to

an inmate, use N.C.P.I.—Crim. 233.81. If the offense involves

furnishing an alcoholic beverage to an inmate, use N.C.P.I.—Crim.

233.82. If the offense involves furnishing a cell phone to an

inmate, use N.C.P.I.—Crim. 233.84.

The defendant has been charged with furnishing a tobacco product to

an inmate [of the Division of Prisons of the Department of Adult Correction]

[in the custody of a local confinement facility]. (Tobacco product includes a

vapor product.)1

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

three things beyond a reasonable doubt:

First, that (name inmate) was an inmate [of the Department of Adult

Correction] [in the custody of a local confinement facility]. (Name facility) is

[within the Department of Adult Correction] [a local confinement facility].

And Second, that while said inmate was an inmate of (name facility),

the defendant knowingly2 [sold] [gave] a tobacco product to [the inmate] [a

person who was not an inmate for delivery to (name inmate)]3.

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

about the alleged date (name inmate) was an inmate at (name facility) and

that the defendant knowingly [sold] [gave] a tobacco product to [the inmate]

[a person who was not an inmate for delivery to (name inmate)], 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.