N.C.P.I.—Crim. 273.10

The defendant has been charged with unlawfully taking a deer with the

aid of an artificial light.

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

prove three things beyond a reasonable doubt:

First, that the defendant took 1 a deer. A person takes a deer when he

1. [intentionally 2 [captures] [kills] [harms] [pursues] [hunts] [reduces to

possession] a deer] (or)

2. [intends2 to [capture] [kill] [harm] [pursue] [hunt] [reduce to

possession] a deer and engages in any operation constituting

a. [immediate preparation for an attempt to do so]

b. [an attempt to do so]

c. [conduct immediately subsequent to an attempt to do so]].

((Describe defendant's conduct, e.g., parking a pick-up truck

beside an open field with a loaded rifle handy in the cab) would

be such an operation).

Second, that the defendant did so with the aid of an artificial light.

And Third, that the defendant did so after (give time one half hour

after sunset) and before (give time one half hour before sunrise).

If you find from the evidence beyond a reasonable doubt that during

the night on or about the alleged date the defendant

1. [intentionally (describe conduct constituting successful attempt,

e.g., shot) a deer]

2. [intended to [capture] [kill] [harm] [pursue] [hunt] [reduce to

possession] a deer] and in order to do so (describe conduct

constituting unsuccessful attempt or immediate preparation for

an attempt, e.g., parked his pickup at the side of rural unpaved

road 1407 adjacent to Joe Doe's cornfield with a loaded rifle

handy in the cab)],

and that the defendant did so with the aid of an artificial light and that he

did so after (give time one half hour after sunset) and before (give time one

half hour before sunrise), 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.