N.C.P.I.—Crim. 270.77

NOTE WELL: This applies to offenses occurring on or after

December 1, 2009.

The defendant has been charged with unlawful use of a [mobile phone]

to [manually enter multiple letters or text in the device as a means of

communicating with another person] [[read any [electronic mail] [text

message] [transmitted to] [stored within] the device 3]] while [operating a

[[public] [private] school bus] [school activity bus]] [transporting students

for hire in (name vehicle)].

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

prove three things beyond a reasonable doubt:

First, that the defendant was [operating a [school bus] [school activity

bus] [(name other vehicle)]] [transporting students for hire in (name

vehicle)] on a public [street] [highway] [vehicular area].

Second, that the defendant was using a [mobile telephone] to

[manually enter multiple letters or text in the device as a means of

communicating with another person] [read any [electronic mail] [text

message] [transmitted to] [stored within] the device]]

And Third, that the [school bus] [school activity bus] [(name other

vehicle)] was in motion.

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

about the alleged date, the defendant was operating a [school bus] [school

activity bus] [(name other vehicle)] on a public [street] [highway] [vehicular

area] while using a [mobile telephone] to [manually enter multiple letters or

text in the device as a means of communicating with another person] [[read

any [electronic mail] [text message] [transmitted to] [stored within] the

device] and that the [school bus] [school activity bus] [(name other

vehicle)] was in motion, 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, it would be your duty to return a verdict of not guilty.