N.C.P.I.—Crim. 258.20

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 prohibited

material by a secondary metals recycler.

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

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

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

(And) Second, that the defendant purchased

a) [Regulated metal marked with [the initials] [other

identification] of [a telephone] [cable] [electric] [water]

[other public utility] [brewer]

b) [A utility access cover]

c) [A street light [pole] [fixture]]

d) [A [road] [bridge] guard rail]

e) [A [highway] [street] sign]

f) [A water meter cover]

g) [A metal beer keg, including any made of stainless steel that

is clearly marked as being the property of the beer

manufacturer]

h) [A traffic [directional] [control] sign]

i) [A traffic light signal]

j) [Regulated metal marked with the name of a government

entity]

k) [Property owned by a railroad and marked and otherwise

identified as such]

l) [A [historical marker] [grave marker] [burial vase]].

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) Third, 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 recycle,

(and) the defendant purchased

a) [Regulated metal marked with [the initials] [other

identification] of [a telephone] [cable] [electric] [water] [other public

utility] [brewer]

b) [A utility access cover]

c) [A street light [pole] [fixture]]

d) [A [road] [bridge] guard rail]

e) [A [highway] [street] sign]

f) [A water meter cover]

g) [A metal beer keg, including any made of stainless steel that

is clearly marked as being the property of the beer manufacturer]

h) [A traffic [directional] [control] sign]

i) [A traffic light signal]

j) [Regulated metal marked with the name of a government

entity]

k) [Property owned by a railroad and marked and otherwise

identified as such]

l) [A [historical marker] [grave marker] [burial vase]], (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.