N.C.P.I.—Crim. 240.82

NOTE WELL: Any employee or volunteer who uses

reasonable force to carry out the provisions of N.C.

Gen. Stat. § 122C-60 or to protect himself/herself or

others from a violent client does not violate this

subsection.

The defendant has been charged with [borrowing] [taking]

personal property from a client. 1

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

must prove three things beyond a reasonable doubt:

First, that the defendant was a(n) [employee] [volunteer] at

(name facility), a facility whose primary purpose is to provide services

for the [care] [treatment] [habilitation] [rehabilitation] of individuals

with [mental illness] [developmental disabilities] [substance abuse

disorders].

Second, that the alleged victim was a client at (name facility).

And Third, that the defendant [borrowed] [took] the personal

property of (name victim), a client at (name facility).

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

or about the alleged date the defendant was a(n) [employee]

[volunteer] at (name facility), a facility whose primary purpose is to

provide services for the [care] [treatment] [habilitation] [rehabilitation]

of individuals with [mental illness] [developmental disabilities]

[substance abuse disorders], and that (name victim) was a client at

(name facility), and that the defendant [borrowed] [took] personal

property of (name victim), a client at (name facility), 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, then it would be

your duty to return a verdict of not guilty.