NC · jury_instructions
N.C.P.I.—Crim. 233.90
POSSESSION OF TOBACCO PRODUCT (INCLUDING VAPOR PRODUCTS) BY AN INMATE. MISDEMEANOR.
The defendant has been charged with possession of a tobacco product
by an inmate [of the Department of Adult Correction] [in the custody of a local
confinement facility]. (Tobacco products include vapor products.)1
For you to find the defendant guilty of this offense, the State must prove
two things beyond a reasonable doubt:
First, that the defendant 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 the defendant was an inmate of (name facility),
the defendant possessed a tobacco product.2 A person possesses a tobacco
product 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 an inmate at (name facility) and
that the defendant possessed a tobacco product, 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.
History
N.C.P.I.—Crim. 233.90 (Replacement January 2024). N.C. Gen. Stat. § 14-258.1(e). 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
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
9498e9f977bf38fb0f35a6c1eb8856b9c7e8e6cc7c12060edd4a5df45c5bb996
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