N.C.P.I.—Crim. 271.95

NOTE WELL: Use this instruction if the defendant

impersonated a transportation network company driver

during the commission of a separate felony offense.

Use N.C.P.I—Crim. 271.94 for instruction on the

elements of Impersonation of a Transportation Network

Company Driver.

The defendant has been charged with impersonation of a

transportation network company1 driver2 while [committing] [attempting

to commit] (name felony).

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

prove three things beyond a reasonable doubt:

First, that the defendant made a false representation to another

person that the defendant was a transportation network company driver;

Second, that the defendant made the false representation by

(a) [Making a false statement]

(b) [[Falsely displaying [distinctive signage] (or) [emblems], known

as a [trade dress] [trademark] [branding] (or) [logo] of the

transportation network company]]

(c) [Falsely representing that the defendant had a current

connection with the transportation network company]; or

(d) [Falsely representing that the defendant was responding to a

passenger ride request for a transportation network company].

And Third, that the false representation(s) occurred while the

defendant was [committing] (or) [attempting to commit] (name felony,

e.g. robbery) (define the felony and enumerate its elements using the

Pattern Jury Instruction for that felony).

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

about the alleged date, the defendant made a false representation to

another person, that the defendant was a transportation network

company driver, and that the false representations occurred while

defendant was [committing] (or) [attempting] to commit (name felony), 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.