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NC · jury_instructions

N.C.P.I.—Crim. 258.31

ERECTING OR MAINTAINING POLITICAL ADVERTISING SIGNS IN HIGHWAY RIGHTS OF WAY. MISDEMEANOR.

activein force · 2012-06-01 – presentas-observed

The defendant has been charged with [erecting] [maintaining] upon

a highway right of way any [traffic sign] [highway sign] [signal] bearing

political1 advertising.2

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

prove two things beyond a reasonable doubt:

First, that the defendant [erected] [maintained] upon a highway

right of way a [traffic sign] [highway sign] [signal] bearing any political

advertising;

And Second, that the [traffic sign] [highway sign] [signal] was

placed [at a time other than the period between (insert date) and (insert

date), which is the period 30 days before the beginning date of "one-

stop" early voting and ending 10 days after the primary or election day]3

[[without the permission of any property owner of a [residence]

[business] [religious institution] fronting the right of way where the sign

was erected]]4 [on a right of way of a fully controlled access highway]

[closer than three feet from the edge of the pavement of the road] [so

that it obscured motorist visibility at an intersection] [so that it was

higher than 42 inches above the edge of the pavement of the road] [so

that it was larger than 864 square inches] [so that it obscured or replaced

another sign.]5

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

about the alleged date the defendant [erected] [maintained] upon any

highway right of way any [traffic sign] [highway sign] [signal] bearing any

political advertising and that the [traffic sign] [highway sign] [signal] was

placed [at a time other than the period between (insert date) and (insert

date), which is the period 30 days before the beginning date of “one-

stop” early voting and ending 10 days after the primary or election day]

[[without the permission of any property owner of a [residence]

[business] [religious institution] fronting the right of way where the sign

was erected]] [on a right of way of a fully controlled access highway]

[closer than three feet from the edge of the pavement of the road] [so

that it obscured motorist visibility at an intersection] [so that it was

higher than 42 inches above the edge of the pavement of the road] [so

that it was larger than 864 square inches] [so that it obscured or replaced

another sign], 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.

History

N.C.P.I.—Crim. 258.31 (June 2012). N.C. Gen. Stat. § 136-32 (a), (b), (c), (d). 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
3b251723fab13f56ce650335702ae7e4d6ca8d440ea9d9b4db9cc47438229ed0
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