N.C.P.I.—Crim. 237.70

The defendant has been charged with [operating] [allowing to be

operated] [placing into operation] [keeping in his possession for the

purpose of operating] (a) video gaming machine(s).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 [[operated] [allowed to be operated]

[placed in operation] [kept in his possession for the purpose of

operating]] [[one or more] [more than one] [more than two] [five or

more]]2 video gaming machine(s).3

And Second, that the defendant did so at one location.

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

about the alleged date, the defendant [[operated] [allowed to be

operated] [placed in operation] [kept in his possession for the purpose of

operating]] [[one or more] [more than one] [more than two] [five or

more]] video gaming machine(s) at one location, 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.

NOTEWELL: For a first conviction under this section,

the defendant shall be guilty of a Class 1

misdemeanor. A second offense will be punished as a

Class H felony. A third or subsequent offense will be

punished as a Class G felony. See N.C. Gen. Stat. §

14-309(a).

If there is evidence to support a charge on a previous

conviction and the defendant denies a previous

conviction or remains silent, then this instruction

should be amended to add the third element that

follows. If the defendant admits the previous

convictions, this element would not be added. See

N.C. Gen. Stat. § 15A-928 for provisions regarding

indictment, bifurcated trial, verdict and judgment. The

mandate should be amended in keeping with this

addition.

And Third, that at the time the defendant [operated] [allowed

to be operated] [placed in operation] [kept in his possession

for the purpose of operating] the video gaming machine(s),

the defendant had been convicted of the following [one] [two

or more] offenses:

(1) On (name date), the defendant in (name court)

[was convicted of] [plead guilty to] the offense of [operating]

[allowing to be operated] [placing in operation] [keeping in

his possession for the purpose of operating] [[one or more]

[more than one] [more than two]] video gaming machines,

that was committed on (name date); and

(2) On (name date), the defendant in (name court)

[was convicted of] [plead guilty to] the offense of [operating]

[allowing to be operated] [placing in operation] [keeping in

his possession for the purpose of operating] [[one or more]

[more than one] [more than two]] video gaming machines,

that was committed on (name date); and

(3) On (name date), the defendant in (name court)

[was convicted of] [plead guilty to] the offense of [operating]

[allowing to be operated] [placing in operation] [keeping in

his possession for the purpose of operating] [[one or more]

[more than one] [more than two]] video gaming machines,

that was committed on (name date).