N.C.P.I.—Crim. 258.14

NOTE WELL: This instruction applies to offenses occurring on or

after October 1, 2009.

NOTE WELL: See G.S. 15A-928 for provisions regarding

indictment, bifurcated trial, verdict, and judgment.

The defendant has been charged with failure to hold and retain

regulated metals for seven days before [selling] [dismantling] [defacing] [in

any manner [altering] [disposing of]] the regulated metals property. 1

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

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

First, that the defendant is a secondary metals recycler. 2

Second, that the defendant has been convicted of [receiving stolen

goods] 3 [possessing goods represented as stolen] 4 [possessing stolen

goods] 5 [larceny] 6.

Third, that the defendant the defendant purchased regulated metals

property. Regulated metals property means all ferrous and nonferrous

metals.

(And) Fourth, that the defendant failed to hold and retain the

regulated metals product for seven days from the date of purchase before

[selling] [dismantling] [defacing] [in any manner [altering] [disposing 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 G.S.

66-11.

((And) Fifth, 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, that

the defendant has been convicted of [receiving stolen goods] [possessing

goods represented as stolen] [possessing stolen goods] [larceny], that the

defendant purchased regulated metals property, (and) that the defendant

failed to hold and retain the regulated metals property for seven days from

the date of purchase before [selling] [dismantling] [defacing] [in any

manner [altering] [disposing 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.