N.C.P.I.—Crim. 258.12

NOTE WELL: This instruction is for offenses occurring

on or after October 1, 2009.

NOTE WELL: See N.C. Gen. Stat. § 15A-928 for

provisions regarding indictment, bifurcated trial,

verdict, and judgment.

The defendant has been charged with failure to maintain records of

purchases of regulated metals.

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

prove [three] [four] things beyond a reasonable doubt:

First, that the defendant is a secondary metals recycler.1

Second, that the defendant purchased regulated metals property.

Regulated metals property means all ferrous and nonferrous metals.

(And) Third, that the defendant failed to

a) [Maintain a record of the name and address of the secondary

metals recycler]

b) [Maintain a record of the name, initials, or other identification

of the individual entering the information]

c) [Maintain a record of the date of the transaction]

d) [Maintain a record of the weight of the regulated metals

property purchased]

e) [Maintain a record of the description made in accordance with

the custom of the trade of the type of regulated metals

property purchased]

f) [Maintain a record of the physical address where the regulated

metals were obtained by the seller]

g) [Maintain a record of a statement signed by the [seller]

[seller's agent] certifying that the [seller] [seller's agent] has

the lawful right to sell and dispose of the property]

h) [Maintain a record of the amount of consideration given for

the regulated metals property]

i) [Maintain a record of the name and address of the vendor of

the regulated metals property and the license plate number of

the vehicle used to deliver the regulated metals]

j) [Maintain a [photocopy] [electronic scan] of the [drivers

license] [[state] [federally] issued photo identification card]

of the person delivering the regulated metals property to the

secondary metals recycler]2

k) [Maintain [a copy of] [the original] receipt signed by the

person delivering the materials]

NOTE WELL: (Use the following element only for

transactions involving [catalytic converters that are not

attached to a vehicle] [central air conditioner

evaporator [coils] [condensers]]:

l) A clear impression of the index finger of the person delivering

the materials that is [in ink and free of any smearing] [taken

electronically]3

m)[Keep and maintain the records of the purchase of regulated

metals for at least two years from the date of the purchase of

the regulated metals property]

NOTE WELL: Use the following element only if the

defendant has a prior conviction of or has pleaded

guilty to a violation of N.C. Gen. Stat. § 66-11.

((And) Fourth, that on (name date) the defendant, in (name court)

[was convicted of] [pled guilty to] (name violation) that was committed

on (name date).)

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

or about the alleged date, the defendant was a secondary metals

recycler, the defendant purchased regulated metals property, and the

defendant failed to

a) [Maintain a record of the name and address of the

secondary metals recycler]

b) [Maintain a record of the name, initials, or other

identification of the individual entering the information]

c) [Maintain a record of the date of the transaction]

d) [Maintain a record of the weight of the regulated metals

property purchased]

e) [Maintain a record of the description made in accordance

with the custom of the trade of the type of regulated metals

property purchased]

f) [Maintain a record of the physical address where the

regulated metals were obtained by the seller]

g) [Maintain a record of a statement signed by the [seller]

[seller's agent] certifying that the [seller] [seller's agent] has

the lawful right to sell and dispose of the property]

h) [Maintain a record of the amount of consideration given

for the regulated metals property]

i) [Maintain a record of the name and address of the

vendor of the regulated metals property and the license plate

number of the vehicle used to deliver the regulated metals]

j) [Maintain a [photocopy] [electronic scan] of the [drivers

license] [[state] [federally] issued photo identification card]

of the person delivering the regulated metals property to the

secondary metals recycler]

k) [Maintain [a copy of] [the original] receipt signed by the

person delivering the materials]

NOTE WELL: (Use the following element only for

transactions involving [catalytic converters that are not

attached to a vehicle] [central air conditioner

evaporator [coils] [condensers]]:

l) A clear impression of the index finger of the person

delivering the materials that is [in ink and free of any

smearing] [taken electronically]

m) [Keep and maintain the records of the purchase of

regulated metals for at least two years from the date of the

purchase of the regulated metals property],

(and that on (name date) the defendant, in (name court) [was convicted

of] [pled guilty to] (name violation) that was committed on (name date)),

it would be your duty to return a verdict of guilty. If you do not so find or

if you have a reasonable doubt as to one or more of these things, it

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