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NC · jury_instructions

N.C.P.I.—Crim. 236A.60

LOOTING. MISDEMEANOR. FELONY. (LESSER INCLUDED OFFENSE OF TRESSPASS DURING EMERGENCY).

activein force · 1999-05-01 – presentas-observed

The defendant has been charged with looting.

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

three things beyond a reasonable doubt:

First, that the defendant, without legal justification, entered upon the

premises of another.

Second, that at the time of the defendant's entry the usual security of

property was ineffective because of [(name disaster) 1] [disaster or

calamity].

And Third, that the defendant, while he was upon the premises,

[obtained] (exerted control over) [damaged] [ransacked] [destroyed] the

property of another.

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

about the alleged date, the defendant without legal justification, entered

upon the premises of another while the usual security of property was

ineffective due to [(name disaster)) [disaster or calamity], and while upon

the premises he [obtained) [exerted control over] [damaged] [ransacked]

[destroyed] the property of another, it would be your duty to return a

verdict of guilty of looting. If you do not so find or have a reasonable doubt

as to one or more of these things, you will not return a verdict of guilty of

looting, 2 but you must determine whether the defendant is guilty of trespass

during emergency, which differs from looting in that the State need not

prove that the defendant [obtained] [exerted control over] [damaged]

[ransacked] [destroyed] the property of another.

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

about the alleged date, the defendant, without legal justification, entered

upon the premises of another while the usual security of property was

ineffective due to [(name disaster)] [disaster or calamity], it would be your

duty to return a verdict of guilty of trespass during emergency. If you do

not so find or have a reasonable doubt as to one or both of these things, it

would be your duty to return a verdict of not guilty.

History

N.C.P.I.—Crim. 236A.60 (Replacement May 1999). N.C. Gen. Stat. § 14-288.6. 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
d9a854245be9a5d8e244af5b6c04536316249feba4900ce5c285f0e0d65f54b4
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