NC · jury_instructions
N.C.P.I.—Crim. 258.16
PURCHASE OF [AIR CONDITIONING [COILS] [CONDENSERS]] [CATALYTIC CONVERTER] BY SECONDARY METALS RECYCLER. FELONY. MISDEMEANOR.
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 purchasing [[central air
conditioner evaporator [coils] [condensers]] [catalytic converters] that
were not attached to a vehicle from someone that was not a [company]
[contractor] [individual] that is in the business of [installing] [replacing]
[maintaining] [removing] [[central air conditioner evaporator [coils]
[condensers]] [catalytic converters] without providing proper payment.
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 [[central air conditioner
evaporator [coils] [condensers]] [catalytic converter(s)] that were not
attached to a vehicle from someone that was not a [company]
[contractor] [individual] that is in the business of [installing] [replacing]
[maintaining] [removing] [[central air conditioner evaporator [coils]
[condensers]] [catalytic converter(s)].
(And) Third, that the defendant failed to pay for these metals by
[[check] [money order] made out to the [company] [contractor]
[individual]] [using a cash card system that captured the photograph of
the person selling these metals and maintaining the photograph for 90
days].
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 [[central air conditioner evaporator [coils]
[condensers]] [catalytic converter(s] that were not attached to a vehicle
from someone that was not a [company] [contractor] [individual] that is
in the business of [installing] [replacing] [maintaining] [removing]
[[central air conditioner evaporator [coils] [condensers]] [catalytic
converter(s)], (and) the defendant failed to pay for these metals by
[[check] [money order] made out to the [company] [contractor]
[individual]] [using a cash card system that captured the photograph of
the person selling these metals and maintaining the photograph for 90
days], (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.
History
N.C.P.I.—Crim. 258.16 (June 2010). N.C. Gen. Stat. § 66-11(d)(3). 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
53a52311945802b83ac20a76a65ccb262f3f4da1806381bb82b99d46573cc4cf
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