N.C.P.I.—Crim. 260.96A

The defendant has been charged with willfully and knowingly

offering a [glass tube]1 [splitter]2 for retail sale by self-service.

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

prove three things beyond a reasonable doubt:

First, that the defendant is a [retailer] [retailer’s [agent]

[employee]]. Retailer means an individual or entity that is the general

owner of an establishment where glass tubes or splitters are available for

sale.]

Second, that the defendant willfully and knowingly offered for retail

sale by self-service a [glass tube] [splitter], (define [glass tube]

[splitter]).

And Third, that the defendant failed to maintain the [glass tube]

[splitter] behind a counter where the general public could not access the

[glass tube] [splitter] without the assistance of the [retailer] [retailer’s

[agent] [employee]].

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

about the alleged date, the defendant was a [retailer] [retailer’s [agent]

[employee]], that the defendant willfully and knowingly offered a [glass

tube] [splitter] for retail sale by self-service, and that the defendant

failed to maintain the [glass tube] [splitter] behind a counter where the

general public could not access the [glass tube] [splitter] without the

assistance of the retailer’s [agent] [employee], 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.